I.T. Magic (UK)
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Customer Terms and Conditions

These terms and conditions set out the basis on which I.T. Magic provides services to its customers - "Service" is described at Clause 1.1 below. These General Terms and Conditions apply to all products and services unless expressly overridden by any additional specific product or services terms and conditions.

Definitions

"Agreement" means this agreement including the General Terms and Conditions and any product specific terms and conditions.
"Appointed Representative" means any third party providing services to I.T. Magic.
"Customer" means the individual, group of individuals, company or partnership who receive the services from I.T. Magic.
"Business" means a company, partnership, sole trader or Consumer requiring a service level commitment.
"Consumer" means a Customer who is not in business and uses an I.T. Magic Home product and does not require a service level commitment.
"Business Service" means the services provided by I.T. Magic for Businesses customers.
"Home Service" means the services provided by I.T. Magic for Consumers.
"Charges" means the sums payable to I.T. Magic for the services provided.
"Renewal Date" means the end of the initial 12-month Minimum Period from the Start Date and each subsequent 12-month Period thereafter.
"Minimum Period" means the minimum subscription period of 12-months beginning on the Start Date.
"Service Disruption" means any disruption of the service caused by hardware failure, network failure, however caused and any disruption caused by routine maintenance carried out by I.T. Magic or its Appointed Representative.
"Start Date" means the date when the Services are made available as evidenced by the connection information summary sheet for each product.
"I.T. Magic" means I.T. Magic (UK) Limited.
"Business Address" means 17 Home Ground, Wootton Bassett, Swindon, SN4 8NB.
"Payment Request" means a notice of each payment being due.
"Name(s)" means any domain name(s) requested by the Customer when placing an order.

  • General Terms And Conditions

    1 The Services
    1.1 The Services comprise the provision of Internet connectivity, web hosting, mail services, domain name registrations, web design and logo design
    1.2 Customers must be over the age of eighteen to subscribe or purchase any of the services.
    1.3 I.T. Magic may alter and/or amend at any time:
    1.3.1 the Services upon giving the Customer 21 days notice in advance of such alteration taking effect, provided such alteration or amendment does not require any change to these terms and conditions; and
    1.3.2 these terms and conditions for any valid reason, upon giving the Customer 21 days notice, by post, by Email or by posting such change to the website itmagic.co.uk, setting out the reasons for such change, in advance of any such amendment taking effect. If upon receiving any such notice, the Customer does not wish to continue with the Service, the Customer may terminate the contract without penalty upon giving I.T. Magic notice. The Customer’s notice shall take effect upon the earlier of 7 days from I.T. Magic receipt of the Customers notice or the date upon which the amended terms and conditions would otherwise have taken effect. The Customer will be deemed to have accepted any alteration and/or amendment if the Customer continues to use the Services after the relevant period of notice has expired.
    1.4 I.T. Magic may also need temporarily to suspend the Services without notice in order to repair, maintain or improve the Services or I.T. Magic network, or in an emergency. If I.T. Magic needs to do this I.T. Magic will try to keep the Customer informed and keep interruptions to a minimum, although I.T. Magic cannot always guarantee to do so.
    1.5 I.T. Magic may impose limits from time to time on the storage space provided as part of the Service. Such limits may be made by reference to the number of Emails held, the size of attachments or other methods I.T. Magic may specify. I.T. Magic will give the Customer 14 days' notice of any limits by e-mail and reserve the right to refuse to accept material and/or remove materials that exceed the relevant limits. I.T. Magic do not provide server side storage of emails. The maximum amount of storage space in a mailbox is limited to 20 Megabytes on accounts signed up prior to 17 August 2004. It is the responsibility of the Customer to regularly download their email via a POP3 connection to their local hard drive to avoid the possible loss of emails. I.T. Magic will not store mail on their servers for more than 30 days.
    1.6 The Customer must ensure that the Services are used in accordance with these terms and conditions and all applicable laws, regulations and licences.
    1.7 Unless otherwise specified in writing, the Customer is responsible for the backup of the Customer’s own files and I.T. Magic does not offer recovery facilities as a service to the Customer and for the maintenance and licensing of all software necessary for the use of the service.
    1.8 I.T. Magic may monitor and record calls for the purposes of training and quality control.
    1.9 The Customer agrees to abide by the I.T. Magic Acceptable Use Policy.

    2 Duration
    2.1 For annual services, this Agreement will commence on the Start Date and continue until the end of the Minimum Period and will then automatically renew on each Renewal Date unless and until terminated by either party.
    2.2 For services that attract a single charge, this Agreement will commence on the date the Customer receives the product or service.
    2.3 All contracts automatically renew for a period equivalent to the Minimum Period unless cancelled in accordance with Clause 4.

    3 Charges
    3.1 Charges will be payable in advance, and for annual services, are due on an on-going basis until this Agreement is terminated. I.T. Magic may alter the Charges at any time by giving notice of the change by post, fax or e-mail at least one month before the new charges are levied against the Customer. Charges exclude the cost of the telephone call to connect to the service.
    3.2 I.T. Magic will issue VAT invoices in writing by the Customer.
    3.3 I.T. Magic reserve the right to charge interest on any amounts due from the Customer under this Agreement that are not paid within 30 days of the due date. Interest is charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
    3.4 For annual services, the Customer will be billed annually in advance for the Service. I.T. Magic will provide the Customer with at least 21 days notice of each payment being due. The Renewal Date is not affected by the issue of a notice of payment being due. I.T. Magic will provide notice of payment being due by Payment Requests and Pro-forma Invoices or such other method as it may reasonably require.
    3.5 If I.T. Magic is unable to collect the amounts due, the debt will be forwarded to an external agency for manual collection and may result in the Services being suspended or cancelled and access to mail boxes being restricted until full payment has been received. The Customer will pay I.T. Magic reasonable costs and expenses for collecting payment in addition to the subscriptions and any other sums due for services provided.

    4 Termination
    4.1 This Agreement may be terminated:
    4.1.1 by the Customer at the Renewal Date by serving written notice, or in any other form required by I.T. Magic, to I.T. Magic at least 21 days prior to the Renewal Date. Such Notice to be delivered in accordance with Clause 8.3;
    4.1.2 by I.T. Magic at any time on 21 days written notice to the Customer.
    4.2 I.T. Magic may also terminate this Agreement immediately and without notice if:
    4.2.1 the Customer fails to remedy any breach of these terms and conditions (which is capable of remedy), within 14 days of written notification by I.T. Magic, or if the breach is serious or significant;
    4.2.2 the Customer or any person using the Customers accounts misuses the Services in the manner as set out in the I.T. Magic Acceptable Use Policy.
    4.2.3 bankruptcy or other insolvency proceedings are brought against the Customer or the Customer is unable to pay the Customer’s debts as they become due or the Customer cancel the Customers card mandate or standing order preventing I.T. Magic from collecting payment as it becomes due;
    4.2.4 the Customer is no longer able lawfully to receive the Service.
    4.2.5 I.T. Magic shall, if reasonable in the circumstances, have the right to suspend the supply of the Services during the period of notice specified in Clause 4.2. In such circumstances, the Customer must continue paying the Charges unless and until this contract is terminated, or unless I.T. Magic, in its sole discretion, waives its right to collect the Charges. I.T. Magic shall also have the right to suspend the Service if I.T. Magic receive notification, or has genuine reason to suspect that fraud is taking place. In such circumstances I.T. Magic will do it’s best to inform the Customer beforehand.
    4.3 If the Customer terminates this agreement under clause 4.1.1, I.T. Magic will send the Customer an acknowledgement of termination by way of the cancellation letter, which is effective from the next Renewal Date. I.T. Magic does not offer pro-rata refunds. Termination is not effective until acknowledged by the cancellation letter from I.T. Magic.

    5 I.T. Magic liability
    5.1 Nothing in these terms and conditions excludes or limits liability for any death or personal injury caused by I.T. Magic negligence or the consequences of any fraud.
    5.2 Except as set out in Clause 5.1 any liability I.T. Magic may have to the Customer (whether as a result of breach of contract, negligence or other tort, or otherwise) for any foreseeable loss or damage reasonably incurred by the Customer in relation to the provision of the Services is limited to the total value of the service charges received by I.T. Magic to date.
    5.3 I.T. Magic is not liable for any failure to perform its obligations if I.T. Magic is prevented from doing so by an event beyond its reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

    6 Complaints
    6.1 If the Customer has a complaint about any aspect of the Service, or wishes to make a claim for Service Disruption, such claim must be made in writing within 30 days of the incident, by post to I.T. Magic at its Business Address. Claims received outside this time period will not be processed. In any event, such claim will not exceed the corresponding subscription for the period of the disruption.

    7 Personal Information
    7.1 By registering for the Services the Customer consents to I.T. Magic using and/or disclosing the Customer’s personal information as follows:
    7.1.1 Processing of the Customer’s application, which may involve credit checking by a credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a direct debit account; and
    7.1.2 if necessary, providing or arranging for third parties to provide customer care facilities and bill the Customer for the Service, which may involve disclosing the Customer’s personal information to third parties solely for those purposes.
    7.1.3 I.T. Magic may retain information that the Customer provides. I.T. Magic may from time to time use the information that has been provided to offer the Customer other services that I.T. Magic feel may be of interest to the Customer, both from I.T. Magic and other companies. If the Customer does not wish I.T. Magic to use the information that is held in this way please notify I.T. Magic. Any information held by I.T. Magic about the Customer will be available for inspection by the Customer in accordance with the terms of the Data Protection Act 1998.

    8 Notices
    8.1 Unless otherwise provided in these terms and conditions, any notices must be sent by email or post as follows:
    8.2 to the Customer, at the address the Customer has given I.T. Magic for the Customer’s bills, the default e-mail address allocated by I.T. Magic or the alternative e-mail address provided by the Customer at the date of sign-up or notified to I.T. Magic for the purpose; and
    8.3 by recorded delivery post to I.T. Magic, at its Business Address.

    9 Miscellaneous
    9.1 The Customer may not transfer or sub-licence this Agreement.
    9.2 I.T. Magic may transfer this Agreement to any person taking over the supply of the Services or any part of the Service. I.T. Magic may also sub-contract the provision of the Services or any part of the Services to any other person.
    9.3 If any part of the contract between the parties is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement
    9.4 Any delay or failure by either party in enforcing any right under the Agreement is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
    9.5 This Agreement constitutes the entire agreement between the parties relating to the provision of the Services and supersedes any previous agreements relating to that Service.
    9.6 Nothing in this contract is intended to confer any rights on any third parties by virtue of the Contracts (rights of Third Parties) Act.
    9.8 The provision of the Services and the application of these terms and conditions are governed by English Law and subject to the exclusive jurisdiction of the English Courts.


© Copyright 2017 I.T. Magic Limited. E&OE. Amended 12 June 2009.


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