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.
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terms & conditions for domain registrations, logo design services, web
design, hosting & search engine optimisation.
