Standard Terms and Conditions of Service
Switch My Server Limited is a Limited Company registered in England and Wales, Company number
12974995 and VAT Number GB 368 8980 22. By using any Product and/or Service provided by Switch
My Server Limited, the Client and/or other authorised Users of the Client’s Account(s) agree to the
Terms and Conditions as set out in this Agreement. All Users of the Service agree to be governed by
English law and agree that any legal disputes will be actioned under the jurisdiction of the courts of
England. Client’s use of the Company’s Products and Services are always subject to these terms.
Switch My Server Limited’s Products and/or Services include, but not limited to IT Consultancy, IT Infrastructure Management, IT Project Delivery, IT Procurement, IT Managed Services, Shared Hosting, Reseller Hosting, Dedicated Servers, Cloud Servers, Domain Registration, Transfers, Renewals, SSL Certificates and WHMCS Licence. Switch My Server Limited reserves the right to modify, add or delete any of the above Products without notice.
1. NEW ACCOUNTS
1.1 All Shared Hosting and Reseller Hosting Accounts are set up instantly upon payment being received. All other Accounts are set up as detailed in the Scope of Work Document. If bank transfer is the chosen method of payment, then 3-5 working days must be allowed for this payment to be processed.
1.2 A welcome email with Account details to the Company Customer Area will be sent to the email address provided by the Client upon signup once the Account has been successfully set up. On rare occasions, complications with various external mail servers and connection problems between the Client’s ISP and Switch My Server Limited can cause a delay in this process.
1.3 Switch My Server Limited’s systems may take a short while to fully process and set up a Client’s Account at peak times. Dedicated Servers can take 24- 48 hours to be set up and once setup has been processed, a confirmation and welcome email will be sent.
2. DOMAIN NAMES
2.1 Switch My Server Limited acts a Domain reseller for different Domain Registrars. The Contract for Domain Name registration is between the Client and the naming authority. A Client’s use of a Domain Name, once registered, may be challenged by a third party. if this occurs, the Uniform Domain Name Dispute Resolution Policy (the ‘UDRP’) will act as an independent body to deal with the dispute. The Registrar responsible for the Domain shall moderate all Domain Registrations or Renewals. Full details of this policy can be found at http://www.icann.org/udrp/udrp.htm.
2.2 Switch My Server do not warrant or guarantee that the Domain Name applied for will be available to be registered in the Client’s name or is capable of being registered by or to the Client.
2.3 The registration of the Domain Name and its ongoing use is subject to the relevant naming authority’s Terms and Conditions of use and the Client is responsible for ensuring that they comply with and abide by their Terms and Conditions at all times.
2.4 Switch My Server Limited accepts no responsibility with respect to the use of a Domain Name by the Client and any dispute between the Client and any other individual or organisation regarding a Domain Name must be resolved between the parties concerned and Switch My Server Limited will take no part in any such dispute. Switch My Server Limited reserve the right to, on becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the Domain Name, and/or to make appropriate representations to the relevant naming authority.
2.5 Both new and existing Clients can benefit from a free Domain if ordered with the specified Hosting package as advertised and payment is made annually in advance.
2.6 Free Domains are limited to one free Domain per Account and the package must be kept for a minimum of 3 months in order for the Domain to be retained and/or transferred to a new Host if required. If the package is kept for less than the required term then we reserve the right to resell the Domain or charge in full for the Domain Registration.
2.7 For imported Domains, it is the Client’s responsibility to change the Domain Name Servers with the registrar so that the Domain pointsto the Switch My Server limited Servers. The Domain Name Server’s details will be found in the welcome email along with the Domain Name Server IP details. Clients with problems or questions with Domain Name Server Transfers should open a support Ticket in the Company Customer Area for assistance.
2.8 Clients are solely responsible for providing Switch My Server Limited with accurate and up-to-date contact information and Switch my Server Limited shall not accept responsibility for any cancellation or refusal to renew a Domain Name by the relevant naming authority due to failure to provide such information.
2.9 Clients agree new Domain Name Registrations, Transfers and Renewals are none refundable under any circumstances.
3. PAYMENTS & BILLING
3.1 Switch My Server Limited accept all major credit and debit cards, PayPal and bank transfer for payment of its Products and/or Services.
3.2 If any sum payable is not paid on or before the due date, Switch My Server Limited reserves the right, forthwith and at our sole discretion, to suspend the provision of Services to Clients. Additionally, Switch My Server Limited reserve the right to terminate Services to Clients if no payment has been received and contact is not made within a 28-day period.
3.3 No Backups, content or data will be accessible to or given to any Client or third party by Switch My Server Limited where an Account is suspended due to no or late payment.
3.4 Subscription or recurring payments set up by the Client are the Client’s responsibility. Where Clients no longer use Switch My Server Limited’s Services, subscriptions in place should be cancelled immediately. Switch My Server Limited cannot cancel subscription payments on behalf of the Client and will not refund any monies sent in error after one calendar month of the payment being received.
3.5 Switch My Server Limited reserves the right to increase its prices at any time by providing the Client with advance notice, in writing, and providing a notice period of at least 30 days. Switch My Server Limited endeavour to keep price increases to a minimum and increases to prices will only be where third party or business operating costs increase.
3.6 Switch My Server Limited reserves the right to suspend Services in cases of late payment. A late payment charge of £10.00 will be applied to invoices upon 5 days of payment not being received after the due date. Any exercise by Switch My Server Limited of its right to suspend Services in cases of late payment shall be without prejudice to any other of its rights under this Agreement. Notwithstanding suspension of Services by Switch My Server Limited, the Client shall continue to make payment for Products and/or Services in accordance with the terms of this Agreement and as set out in any Contract agreed, until this Agreement is terminated in accordance with the terms of this and/or any other Agreement made with the Company.
3.7 Switch My Server Limited understands and will exercise its statutory right to interest and debt recovery costs under the ‘Late Payment of Commercial Debts (Interest) Act 1998’ if payments are not made according to the agreed Terms and Conditions.
3.8 Switch My Server Limited reserves the right to exercise a lien over the Client’s equipment in respect of any unpaid fees and shall be entitled to sell the equipment after the expiry of 90 days from the termination date in order to recoup any unpaid fees.
3.9 Switch My Server Limited reserves the right to send overdue Accounts to a debt collection agency. All charges involved in the collection of overdue Accounts will be payable by the Client.
3.10 Switch My Server Limited will not add charges to Clients who make payment using either VISA or Mastercard Credit or Debit cards. Prices remain the same regardless of payment method.
3.11 Where an Account is suspended due to misuse of Services as set out in the terms of this Agreement, and in line with all other Contracts and Agreements issued by the Company, a suspension and reactivation charge of £12.00 will be applied to reinstate Services and allow access to an Account and/or Services following suspension for misuse.
4. CANCELLATION & TERMINATION
4.1 If for any reason Clients are unhappy with Service provided by Switch My Server Limited during the first 14 days, Clients may request that their Services be cancelled.
4.2 Once Clients have raised a cancellation request, Switch My Server Limited request that Clients open a Ticket with the Company customer services department to request a refund.
4.3 Cancellation requests must be received 7 or more days before the next invoice due date. Where an invoice is overdue on an Account, this must be paid prior to submitting a cancellation request. Requests for cancellation must be raised and submitted through the Company Customer Area, by the Client or Authorised User only.
4.4 Refunds for cancellations cannot be processed without a cancellation request being submitted first. Cancellation requests do not automatically issue a refund. Where Clients are within their first 14 days, they should open a Ticket with the customer services to request a refund.
4.5 Shared, Reseller Hosting and VPS Services can be cancelled with immediate effect or at the end of a billing period. All other Services require a cancellation period of 30 days’ notice from the date of the cancellation request submission. Clients must either cancel after their minimum Contract Term or make payment for the full Contract Term before the termination date. A final invoice will be sent after cancellation for any outstanding monies owed.
4.6 For cancellation requests to be processed, they must be made correctly as set out in this Agreement via the Company Customer Area. No other forms of cancellation will be accepted, including but not limited to email, telephone, text message or submission of a Ticket.
4.7 After 14 days, Clients are not entitled to a refund of Services already used.
4.8 Clients with multiple Switch My Server Limited Accounts which include, but are not limited to the same name, email address, IP address or home address are exempt from the 14 day Money Back Guarantee.
4.9 The 14 day Money Back Guarantee is not valid if an Account has been suspended or terminated for violating Switch My Server Limited’s Terms and Conditions of Service and/or Acceptable Use policy.
4.10 Any amounts paid into a Client’s Account as credit are non-refundable and can only be used on Switch My Server Limited’s Services. This includes, but is not limited to recurring payments, predeposited funds and overpayments.
4.11 Any refund amounts offered as a gesture of goodwill and for loss of Service will be refunded as credit to your Switch My Server Limited Account and can only be used on Switch My Server Limited Products and/or Services, or against future invoices.
4.12 No refunds will be issued where Switch My Server Limited terminate or suspend Hosting or other Services due to violation of Contract, Terms and Conditions or Acceptable Use Policy, or any other violation of the Terms and Conditions of Service. This does not affect your statutory rights.
4.13 Any funds sent to Switch My Server Limited which are in excess of the amount owed can only be reimbursed as credit onto the Client’s Account and cannot be refunded.
4.14 Where a fixed term Contract is agreed between the Company and the Client, a Client cannot cancel any Product and/or Service before the agreed end date without penalty as detailed in the Contract documentation.
5. DISCOUNTS AND PROMOTIONAL TERMS
5.1 Only one voucher may be redeemed per transaction.
5.2 Discount vouchers are restricted to one per Client per order.
5.3 Vouchers must only be used at the time of order and cannot be applied after the time of order.
5.4 Vouchers can only be redeemed against the purchase as set out in the voucher terms and cannot be transferred to another party, reserved or redeemed against any other Product or Service.
5.5 Both new and existing Clients are subject to but not limited by the promotional terms.
5.6 Switch My Server Limited reserves the right to withdraw or deny the use of any voucher and/or discount, and to withdraw any offer at any time and without reason.
5.7 Any competitions offered by the Company have no value other than the stated offer in the competition information and may not be altered, swapped and/or exchanged for any other Product and/or Service, or redeemed for any monetary value. The Company reserves the right to withdraw Competitions at any time and without reason.
6.1 Switch My Server Limited offer a support team to assist Clients in resolving technical problems experienced with the Services received by the Company and this Service is included as standard with all Products and Services offered by the Company. Switch My Server Limited do not provide support for any external or third-party Products, Services or systems unless prior agreed with Switch My Server Limited and an IT Service Agreement is in place.
6.2 Coding and programming support of Servers, however small, does not form part of our service to Clients except where agreed as part of an IT Service Agreement. Switch My Server Limited’s Servers are compatible with most programming languages.
6.3 Knowledge Bases are provided in the support section of the Company Customer Area and are available for use free of charge to all active Clients. These may not be copied, saved, sent or otherwise redistributed without the prior written consent of the Company. Where remedies cannot be found within the Knowledge Base, please open a technical support Ticket in the Company Customer Area for further assistance.
6.4 Switch My Server Limited endeavour to answer all technical support Tickets as quickly as possible, and in line with the Company Service Level Agreement, however the Company cannot guarantee this during busy periods or where the issue raised is of a complex nature. Clients are asked to provide as much information as possible regarding the issue and to supply error messages and/or screenshots to assist the support team with identifying and rectifying the issue as promptly as possible.
6.5 Clients are advised not to assume that because they are experiencing a problem personally that it constitutes a technical issue with Switch My Server Limited’s Servers or systems without checking with the Company first. An issue will not be deemed reported unless advised by the Company or reported correctly by the Client.
6.6 Service Level Agreement rectification timelines and targets are measured from when an issue is reported to the Company by the Client.
6.7 All support request Tickets are responded to in line with the Service Level Agreement, according to their priority, in the order that they were received by Switch My Server Limited. Clients must not practice ‘bumping’ of Tickets as this will delay a response.
6.8 Where Clients do not know how to use aspects of the Product and/or Service delivered by Switch My Server Limited, training can be provided for an additional cost, which would be agreed under a separate additional IT Service Agreement (except where agreed as part of another Agreement). Tickets, enquiries or complaints regarding faults received by the Company, where lack of knowledge or a need for training is identified to be the cause, will not be upheld and will not be considered to be a fault or considered as Downtime, in accordance with Section 11.6 ‘Delivery of Services’ of this Agreement.
6.9 Switch My Server Limited reserve the right to work on, perform Maintenance and/or upgrades to their systems, which are known as ‘Maintenance Windows’. Where Downtime is expected during a Maintenance Window, The Company will inform Clients with reasonable notice of at least 24 hours for planned Maintenance, and as much notice as possible for emergency Maintenance. The Company allows for one Maintenance Window per calendar month of a six-hour duration.
6.10 Downtime as a result of a planned Maintenance Window will not be subject to any refund, rebate, service credit or similar as notification of the event is provided and the Maintenance is required to ensure the continued safety and security of the Company, their Clients and all parties’ systems.
6.11 Where an out of hours telephone support service is required and does not form part of the Client’s Service Agreement, a fee will apply of £50 per hour or part thereof for using the service.
6.12 Site visits are subject to a call out charge of £160 and £100 per hour or part thereof for site visits not covered by a Service Plan. Clients will be subject to the Company call out charge even with an IT Service Agreement where a site visit is requested when remote support is possible. All site visits that exceed 50 miles of the Company’s registered office address are subject to a milage surcharge of £0.50 per mile.
6.13 Clients with an IT Service Agreement with the Company are subject to extra charges for items not covered by the Agreement and agree that surcharges will apply where overnight stays or international travel is required, which will be agreed on an individual basis.
7. SECURITY AND BACKUPS
7.1 Clients agree to maintain a personal, current and up to date copy of all content hosted with Switch My Server Limited at their own expense, unless where a Backup option is purchased through the Company.
7.2 Switch My Server Limited cannot be held responsible for any loss of data, media, content or any other material, or be held responsible for any associated costs for losses where a Backup option has not been purchased through the Company.
7.3 Where a Backup option has been purchased through Switch My Server Limited, these are to be managed by the Client and accessed via the Company Customer Area unless otherwise agreed. The Company cannot be held responsible for any data, media or deleted by the Client or any associated costs for losses.
7.4 Switch My Server Limited holds daily and weekly Backups for the sole purpose and use of the Company. These Backups are strictly for Company use only, for purposes of Server failure. Clients cannot access these Backups and they cannot be used as a replacement to keeping Client Backups.
7.5 Switch My Server Limited cannot be held responsible for any losses and/or associated costs for losses and/or damage to media, data, content or any other material which is backed up to a third-party company’s systems. In these situations, even where the Backup option was purchased through the Company, the third-party company’s warranties and liabilities will apply.
7.6 Switch My Server Limited accept no liability for any security breaches, hacks, cyber-attacks, denial of service attacks, thefts and/or losses to its or a Client’s system(s), and strongly recommend that Clients have adequate insurance that includes Cybersecurity cover.
8. WEB HOSTING TRANSFERS
8.1 Switch My Server Limited agree to provide free Transfers for all new Hosting Accounts as a promotional offer that may be withdrawn at any time as set out in Section 5 of this Agreement ‘Discounts and Promotional Offers’.
8.2 All Transfer requests must be submitted to the Switch My Server Limited technical support department via a support ticket within 14 days of initial sign up.
8.3 Switch My Server Limited are able to process cPanel to DirectAdmin Transfers and DirectAdmin to DirectAdmin Transfers. Any other Transfer requests will be assessed by our technical support team and Clients will be advised accordingly of its possibility.
8.4 Any Transfer request made after the initial 14 day agreed free Transfer period is subject to Transfer fees depending on the size of the content being transferred.
8.5 Switch My Server Limited provide no guarantee to the restoration of data from third party accounts and accept no responsibility for loss of data, media, content or any other material, or any costs associated with the loss. Although Switch My Server Limited endeavour to transfer all data from a third party successfully, there are many factors that can cause disruptions which the Company does not accept liability for. These include but are not limited to poor network connections, incorrect login details provided, corrupt data, third party Server instability or access restrictions to third party Servers.
9.1 Switch My Server Limited will not tolerate any abuse of any kind towards its staff.
9.2 Action will always be taken against any persons who mistreat Company staff in any way or form.
9.3 Any rude or inappropriate behaviour will not be tolerated at any time and for any reason. Such behaviour is considered an infringement of these Terms and Conditions.
9.4 Switch My Server Limited reserve the right to suspend or terminate Client Accounts without prior notice or refund and deny any future Services to Clients who abuse staff. In such circumstances, no refunds will be issued and all due and pending invoices, along with any remaining Contract Term payments will still be due.
10.1 Switch My Server Limited prides itself on providing great Products and Services through a knowledgeable, experienced and friendly team. Should any Client feel the need to make a complaint about any Product or Service provided by the Company, they should make contact via the customer services department by emailing firstname.lastname@example.org and provide as much detail about the complaint as possible so that the team can investigate the matter. All complaints are taken seriously, and the Company aim to fully resolve any complaint, or provide updated timescales within 14 days.
10.2 Where a person wants to raise a concern about a Website hosted by Switch My Server Limited, either with concern about its content or with regards to it violating our Terms and Conditions of Service, they can either make contact by emailing email@example.com or by opening a support Ticket and selecting the ‘Abuse Department’ section. The Company request that the email or support Ticket contains both information about the violation and the Website details.
11. DELIVERY OF SERVICES
11.1 Immediately upon receipt of successful payment, Clients will receive an automated receipt from our Switch My Server Limited. Clients are advised to retain a copy of this for future reference.
11.2 Where access to the Company Customer Area is required as part of the Service taken, the receipt and welcome email will contain the unique Company Customer Area Username. This Username should be used for any enquiries when communicating with Switch My Server Limited, whether written or verbal.
11.3 All orders are delivered securely and electronically via email or drop box dependant on size. Where Clients have any questions about orders, please email firstname.lastname@example.org.
11.4 Switch My Server Limited’s trading hours for Services and technical support are 24 hours a day, 365 Days a Year. The office hours of the Company are Monday to Friday, 9:00am to 5:00pm, excluding bank holidays observed in England.
11.5 The Services available through Switch My Server Limited and through its Website are subject to both export and/or import restrictions. It is the responsibility of the Client to check the regulations of the country they operate in/reside to see if these Products are allowed for import.
11.6 Switch My Server Limited issues a guarantee that its services will be available a 99.9% of the time. Downtime will be measured over an annual basis for Websites hosted on the Company’s Servers. Service credits will be available for where the Company does not meet these criteria. One credit of one day’s Service will be given for every full, continuous day (24-hour period) of Downtime, which will be applied as credit on the Client’s Account.
11.7 Switch My Server Limited will not offer any cash or monetary refund and/or reimbursement for loss of revenue caused by failure, Maintenance Windows and/or Downtime.
11.8 Switch My Server Limited will be responsible for providing all Products and/or Services as detailed in the Scope of Work Document and/or the IT Service Agreement. Any other or further Work, projects, tasks and/or duties are considered out of scope and would need to be agreed separately.
12. ENTIRE AGREEMENT
12.1 These Terms and Conditions, along with any additional documentation which is provided by to the Client by Switch My Server Limited represents the entire Agreement between both Switch My Server Limited and the Client. This is in relation to the subject matter of any Contract and/or Agreement made between the Company and the Client, and supersedes any prior Agreement, understanding or arrangement between us, whether verbal or written.
12.2 Both Switch My Server Limited and the Client each acknowledge that, in entering into a Contract and/or Agreement, neither party have relied on any representation, undertaking or promise given by the other. Nothing will be implied from anything said or written in negotiations between us prior to such Contract and/or Agreement, except as expressly stated in these Terms and Conditions.
12.3 Clients agree to be bound by the length of the Contract Term as set out in the Contract agreed with the Company. Clients agree that should they exit the Contract before the end date as set out in the Contract and/or Agreement, full payment will need to be made until the end date of the Contract Term.
12.4 Neither party shall be liable for any losses suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 Switch My Server Limited reserve the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting the Company business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes to the system’s capabilities.
14.2 Clients will be notified in writing of such changes and continued use of the Service by the Client will be deemed consent to any such amendment to the Terms and Conditions of Service.
14.3 No variation of these Terms and Conditions shall be valid unless it is presented to and agreed by Switch My Server Limited in writing, and signed on our behalf.
14.4 Where a Client does not wish to continue to use the Service as a result of any such amendment to the Terms and Conditions of Service, Clients should provide notice of intent to terminate use of the Service to Switch My Server Limited as set out in this Agreement under Section 4, Cancellation and Termination. Clients cannot exit a Contract Term due to a change or amendment to the Terms and Conditions.
15. LAW AND JURISDICTION
15.1 Contracts and/or Agreements for the purchase of Products and/or Services through Switch My Server Limited will be governed by English law. Any dispute arising from, or related to, such Contract or Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the Contract between both parties.
16.1 Switch My Server Limited makes no express or implied warranties. This includes warranties of title, non-infringement and warranties of merchantability or fitness for particular purpose regarding the Service, software or any other material available through the Service, regardless of what you may have told Switch My Server Limited about your intended use of the Service.
16.2 No verbal advice or information given by Switch My Server Limited or its employees shall create a warranty or otherwise alter the provisions of this section.
16.3 The Service and any other software provided to you by Switch My Server Limited are provided on an ‘as is, as available’ basis.
16.4 Switch My Server Limited does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected.
16.5 Switch My Server does not guarantee the security or back-up of your data which may be stored on the Companies Servers.
16.6 Any data and/or information that belongs to Switch My Server is to be treat confidentially. This includes quotes, policies, manuals and other material produced by the Company. Such material may not be copied, shared or otherwise distributed without first gaining the written permission of the Company.
© 2021 Switch My Server Limited. Company Number 12974995.
Registered Address: AMP Technology Centre, Advanced Manufacturing Park, Brunel Way, Rotherham, S60 5WG.
Last document review date: 28th January 2021.
For full information of defined terms please refer to the Defined Terms document or contact us.