Terms and Conditions of Service for e IT s
Last Updated: August 2021
These Terms and Conditions ("Terms") govern the provision of hosting and related services ("Services") by e IT Soln Ltd (registered in England & Wales no: 13485709, referred to as "we", "us", or "our".
The "Client", "you", or "your" refers to the individual or entity that orders our Services.
By paying an invoice issued by us for the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Acceptable Use Policy (AUP), our Privacy Policy, and our Fair Usage Policy. These documents form the entire agreement between us. If you are agreeing on behalf of a company, you represent that you have the authority to bind that entity.
2.1. The initial term of this agreement is for a period of one (1) year ("Initial Term").
2.2. This agreement will automatically renew for successive one-year periods (each a "Renewal Term") on each 1st August unless terminated in accordance with these Terms.
2.3. To cancel at the end of the current Initial or Renewal Term, you must provide us with written notice of non-renewal. This notice period is ninety (90) days and must be received by us no later than 1st May preceding the renewal date on 1st August.
3.1. Fees are as quoted and are payable in advance upon receipt of an invoice.
3.2. We reserve the right to increase our fees annually at the start of each Renewal Term. Any increase will be in line with the percentage increase in the Retail Prices Index (RPI) in the preceding 12 months, as published by the Office for National Statistics. We will provide you with no less than 30 days' notice of any fee increase.
4.1. Failure to pay an invoice by its due date may, at our sole discretion, result in the immediate suspension or termination of all Services.
4.2. We reserve the right to charge interest on any overdue amounts at a rate of 8% per annum above the Bank of England's base rate from the due date until the date of actual payment, whether before or after judgment. We may also charge a fixed fee for late payment to cover our administrative costs.
5.1. You agree to comply with our Acceptable Use Policy , which is incorporated into these Terms by reference.
5.2. You must not use our Services for any unlawful or fraudulent purpose, or in any way that may disrupt, damage, or impair our services or network, as detailed in the AUP.
5.3. A breach of the AUP constitutes a material breach of these Terms and will result in immediate suspension or termination of your Services without refund and required to pay to the end of the period.
6.1. Both parties will comply with all applicable requirements of the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and related data protection legislation ("Data Protection Law").
6.2. Our Privacy Policy sets out how we handle personal data as a Data Controller.
6.3. Where we process personal data on your behalf to provide the Services, we do so as a Data Processor. Our data processing addendum (DPA), which is incorporated into these Terms, shall apply.
6.4. You warrant that you have the necessary legal grounds for the processing of any personal data you provide to us and that you will comply with your obligations as a Data Controller.
7.1. To ensure fair and consistent service for all clients, our Services may be subject to a Fair Usage Policy
7.2. This policy applies to resources such as, but not limited to, CPU, memory, and input/output operations. If your use is deemed excessive and negatively impacts other clients, we may require you to upgrade your plan or take other corrective action.
8.1. Our IP: All intellectual property rights in the Services, our website, and any related software, documentation, and the "EITS" platform provided by us are and shall remain the exclusive property of us and its licensors. For the avoidance of doubt, EITS owns all IP in the services and platform.
8.2. Your IP: You retain all intellectual property rights in the data, content, and software that you upload or store on our servers in connection with the Services. You grant us a limited, non-exclusive, worldwide licence to host, store, and transmit your content solely for the purpose of providing the Services to you.
9.1. We shall not be liable for any indirect or consequential losses, including but not limited to loss of profit, revenue, business, or data.
9.2. Our total aggregate liability to you in connection with these Terms shall be limited to 100% of the total fees paid by you for the Services in the 12 months immediately preceding the event giving rise to the claim.
9.3. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be limited or excluded by applicable law.
10.1. You may terminate these Terms at the end of the current contract term by providing the 90-day written notice as specified in clause 2.3.
10.2. We may suspend or terminate your Services immediately upon breach of these Terms, the AUP, or for non-payment of invoices.
10.3. Early termination by you before the end of the current Initial or Renewal Term is not permitted. You remain liable for all fees for the entirety of the current contract term.
These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
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