Terms and Conditions | Community Action Suffolk IT Services

Please read the following information. Please click on any of the following sections to take you directly to your area of interest

Definitions
Charges for Internet access
Your use of the IT Services at CAS Ltd Service
Disclaimer
Your registration details
Terms and Termination of this Agreement
Our liability to you
Complaints procedure
Notices
Community Action Suffolk’s rights to vary the terms of this Agreement
General
Support
Additional conditions pertaining only to ADSL broadband services
Additional conditions pertaining only to Website Hosting services
Additional conditions pertaining only to Hosted & Cloud Email services
Additional conditions pertaining only to Cloud Backup services
Additional conditions pertaining only to IT Support services
Specific Conditions Pertaining to Hardware and Software Supply, Installations & Repairs
Additional conditions pertaining only to Website Design services
Privacy Policy

Definitions top

“IT Services at CAS Ltd ” a subsidiary company (04281770) owned and operated by Community Action Suffolk, Registered Charity No 1150501. A company limited by guarantee and registered 08316345 residing at Brightspace, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH, 01473 345305, support@suffolkonline.net

In this Agreement unless the context otherwise requires, the following expressions shall have the following meanings namely:

Access Devices
means the equipment that enables you to access the Internet, including but not limited to PC, telephone, Internet TV, PDA, cable modem

Internet Access
means the ability to access the Internet using the Access Devices via the IT Services at CAS Ltd Internet call package selected by the user and as may be amended from time to time

we/us
means IT Services at CAS Ltd and/or its commercial partners

you/your
means the person with whom IT Services at CAS Ltd is making this Agreement.

internet service contract

means a 12 month contract to one of our products

In this Agreement words importing the singular include the plural and vice versa and words importing gender include any gender.

The Server

means the location or device where all websites and emails are hosted

Community Action Service

means any product or service that we supply to you – the customer

Up Time

means the time the service is expected to be available

1. Payments top

1.1 Charges for services will be determined by the package selected by you either on registration or subsequently.

1.2 Where appropriate we will collect payment for all charges in advance and by Direct Debit. Payments taken from said Direct Debit will start after a minimum of 10 days after the receipt of the direct debit form by the bank in accordance with official direct debit guidelines. An initial amount, higher than the normal monthly subscription amount may be taken to include any activation or hardware charges required. Customers will be written to in advance of taking or changing payment amounts or dates. Alternatives means of payment may be available in certain circumstances. For further information contact our Support Team.

1.3 To ensure that monies due are collected without disruption, you must ensure that any changes to your original registration details are communicated to our Support Team immediately by calling 01473 345305 (calls are charged at a local standard rate and may be monitored for training, security and quality assurance purposes).

1.4 If we are unable to collect the amounts due from your account as they fall due, we may suspend or cancel the product you signed up to on registration with Community Action Suffolk. We may forward the debt to an external agency for manual collection. You will pay our reasonable costs and expenses for collecting payment.

1.5 In the event of termination of this Agreement by Community Action Suffolk, pursuant to clause 6.2, you shall be reimbursed pro-rata from the end of the notice period with any amounts for Products that you have paid in advance.

1.6 IT Services at CAS Ltd reserves the right to vary the charges for products and to introduce new payment methods at anytime on written (letter or email) notice to you.

1.7 IT Services at CAS Ltd will from time to time publish special offers on it’s websites at www.suffolkonline.net. These offers, and any price reductions or discounts, are valid until the date shown on the offer and no longer. These offers are not valid unless you have either called or written to us before the end date of the offer detailing your request to take up the offer.

1.8 Should you choose to pay by alternative methods to Direct Debit then we reserve the right to not start providing you the service or services selected by you on registration until full payment has been received.

1.9 All payments listed on this site are not inclusive of VAT. No VAT is charged on our products as IT Services at CAS Ltd is not listed for VAT purposes.

2. Your use of the IT Services at CAS Ltd Service top

2.1 IT Services at CAS Ltd believes in free speech, that is to say, in the right of individuals and organisations to express their views and to publish information as the wish, providing that the publication of such views or information is not unlawful, and providing that it does not infringe upon the legitimate rights of others.

2.1.1 Does not regard as freedom of speech the promotion of intolerance or prejudice on the grounds of race, gender, sexual orientation or belief.

2.1.2 Reserves the right to refuse services that, in its reasonable judgement, enable individuals or organisations to abuse freedom of speech or to promote intolerance.

2.1.3 Will not permit the use of the IT Services at CAS Ltd Service for fraudulent or in connection with a criminal offence;

2.1.4 Will not host on its servers any material deemed inappropriate or which may infringe upon the rights of its members, customers or employees.

2.1.5 Will take down any website which in its reasonable judgement contravenes this policy.

2.1.6 Prohibits the transmission on or through any IT Services at CAS Ltd services, any material that is, in Community Action Suffolk’s sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful, or encourages conducts that would constitute a criminal offence, give rise to civil liability, or other wise violate any local, national or international law.

2.1.7 Reserves the right to refuse to host any information for distribution via the Internet, which in its reasonable opinion would lead a significant number of its customers to doubt its commitment to ethical values.

2.1.8 Accepts however, that many of its customers wish legitimately to use the Internet to express views and publish information which other customers may object to, yet which do not in its reasonable judgement compromise its commitment to co-operative values and its ethical policy.

2.1.9 Reserves the right to refuse the use of the Internet in a manner which, in our opinion, makes abnormal demands on the network from a single connection and/or amounts to unreasonably excessive use of the IT Services at CAS Ltd Service.

2.2 Your failure to comply with Clause 2.1 may entitle us to terminate the Agreement or suspend the IT Services at CAS Ltd Service in accordance with Clause 5.3. You agree to compensate us for the consequences of any claim made against us as a result of a breach by you of Clause 2.2 above.

2.3 You acknowledge that various elements of the IT Services at CAS Ltd Service are provided by third parties and consequently, we are unable to guarantee that such products and services or websites accessible via the IT Services at CAS Ltd Service are virus free. You should make sure that you check all emails, attachments or files before downloading them.

2.4 We may need to temporarily suspend your access to the IT Services at CAS Ltd Service without notice in order to repair, maintain or improve the IT Services at CAS Ltd Service or our network, or in an emergency. If we need to do this we will try to keep you informed and keep interruptions to a minimum, although we cannot always guarantee to do so.

3. Disclaimer top

3.1 Whilst we recognise that the Internet is not a completely secure medium of communication, IT Services at CAS Ltd has taken steps to safeguard the security of any information you input on the IT Services at CAS Ltd websites or send to us on the Internet by using secure servers and Secure Sockets Layer (“SSL”) technology which encrypts the information you input on your system before it is transmitted to us. IT Services at CAS Ltd is not and will not be responsible for any damages IT Services at CAS Ltd users may suffer as a result of the loss of confidentiality of such information.

3.2 We reserve the right to suspend, restrict, or terminate your access to the IT Services at CAS Ltd Service for any reason, including in particular if your use of the IT Services at CAS Ltd Service causes or is likely to cause the whole or part of the IT Services at CAS Ltd Service to be interrupted, damaged, rendered less efficient or in any way impaired.

3.3 In order to maintain the integrity of IT Services at CAS Ltd we reserve the right to forward contact details to the police, or other regulatory authorities where requested to do so; we may also forward contact details where a complaint arises concerning your use of the IT Services at CAS Ltd Service and where that use is deemed by us to be inconsistent with these Terms of Use.

3.4 As part of the IT Services at CAS Ltd Service we provide you with e-mail facilities, web hosting and other services that involve us providing storage space on our computers. In order to manage our computers and services we reserve the right to impose limits on the storage space provided. Such limits may be by reference to the physical amount of web space made available to you, the number of e-mail messages held, the size of any attachments sent or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by e-mail. We reserve the right to refuse to accept material and/or to delete material, which exceeds the relevant limit. The current limit is 2gb.

3.5 The IT Services at CAS Ltd Service is provided without any warranties or guarantees unless specifically stated.

3.6 Your dealings with, and interest in, promotions, services, or merchants found on or via the IT Services at CAS Ltd Service are solely between you and the person with whom you are dealing unless expressly stated to the contrary by us. IT Services at CAS Ltd will do its best to help you resolve the situation, but we will not be responsible for any loss or damages that may arise from any such dealings.

3.7 We may provide, or merchants and content providers found on or via the IT Services at CAS Ltd web sites may provide, links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither can we be deemed to have endorsed their content, products or services merely because they are accessible via the IT Services at CAS Ltd Service.

3.8 IT Services at CAS Ltd makes all reasonable efforts to ensure that all information provided by it within the IT Services at CAS Ltd Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which IT Services at CAS Ltd excludes all liability. IT Services at CAS Ltd makes no representations or warranties about the information included on its web sites (including links to third parties’ web sites). Any decisions based on the information contained on such web sites are your sole responsibility.

3.9 Information provided by IT Services at CAS Ltd does not constitute legal or professional advice and should not be relied upon without taking independent advice.

3.10 Community Action Suffolk, its affiliates, information providers or content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within the IT Services at CAS Ltd Service.

3.11 Should you be using one of the IT Services at CAS Ltd home products for business use, we will not be held responsible for any loss of business as a result of faults or issues with any of these home products. Business use is designed for use along with one of our business products which have certain service quality guarantees associated with them.

3.12 IT Services at CAS Ltd will not be held responsible for issues that result of or on home networks or setup’s pertaining to individual computer configurations. We will of course be able to help with these issues but any such work will require payment.

4. Your registration details top

4.1 The registration details that you provide shall be true correct and complete. You agree to inform IT Services at CAS Ltd of any changes to your registration details immediately by e-mail address to support@suffolkonline.net

4.2 By registering for the IT Services at CAS Ltd Service you consent to our using and/or disclosing your registration details as follows:-

4.2.1 processing your application or changes to your registration details, 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 continuous payment authority on your credit or debit card.

4.2.2 providing registration details to any telecommunications provider who operates the telephone access network that is used to provide Internet access.

4.2.3 providing or arranging for third parties to provide customer care facilities and bill you for the IT Services at CAS Ltd Service, which may involve disclosing your personal information to third parties solely for this purpose.

4.3 Use of your personal data will be in accordance with our Privacy Policy. If applicable, our use will be subject to any limitations you selected or choices you made on the registration form in which you have provided registration details. As a member of the IT Services at CAS Ltd Service you agree that we may send you information mailings regarding our Service.

4.4 We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force and we will only use personal information you provide to us for the purposes set out in your on-line application form, in clause 5.3 and for such purposes as may be reasonable for the provision of the IT Services at CAS Ltd Service to you.

4.5 For official communications, defined as those around migrating of services either to or from Community Action Suffolk, payment information, product change information, we will do these by post, unless you expressly agree to allowing us to communicate this information to you by email address.

5. Terms and Termination of this Agreement top

5.1 This Agreement will run from the time you complete the registration process and will continue thereafter unless and until terminated by either of us as set out in Clause 2.6 and this Clause 5.

5.2 All Product Contracts operate for a 12 month period (unless otherwise specified) from the day you sign up to the package detailed in your order, made via clauses 8.1.1, 8.1.2, 8.1.3 or 8.1.4. These contracts are legally binding and a breaking of this contract will result in:

5.2.1 the remaining owed monies of the contract to be paid back to Community Action Suffolk.

5.2.2 possible immediate service cancellation.

5.3 This Agreement may be terminated, at any time for any reason, except when a customer has signed up to an Internet Service contract (as described in clause 5.2):

5.3.1 By you on up to 30 days notice to us by written methods (letter or email) (see Clauses 8.1.3 & 8.1.4); and

5.3.2 By us on 30 days notice to you, unless we terminate pursuant to Clause 2.2 without notice.

5.3.3 By you on up to 30 days notice to us by phone (see clause 8.1.2). Please note this method is not the preferred method of IT Services at CAS Ltd as this cannot be evidenced in any form. Any errors made in the event of a cancellation, may not be able to be rectified to a suitable conclusion.

5.3.4 By you by cancelling your payment method direct with the bank. Please note this method is the preferred method to ensure correct cancellation of your account. Please note also with this clause, you will need to contact us to let us know you have cancelled your account so all services can be closed and payments can be ceased from our end.

5.4 We may also terminate the Agreement or suspend the supply of the IT Services at CAS Ltd Service to you, immediately and without notice if:

5.4.1 you breach these Terms of Use.

5.4.2 you or any person using your account misuses the IT Services at CAS Ltd Service in any way, including without limitation, misuse in the manner as set out in Clause 2.2.

5.4.3 bankruptcy or other insolvency proceedings are brought against you;

5.4.4 if you are unable to pay your debts as they become due;

5.4.5 you cancel your continuous Agreement preventing us from collecting payment as it becomes due or we are unable to take payment from your account;

5.4.6 you are no longer able lawfully to receive the IT Services at CAS Ltd Service; or

5.4.7 you no longer have an appropriate residential telephone account from which the Internet is accessed (as set out in the Service Specification).

5.5 If the IT Services at CAS Ltd Service is suspended by us, pursuant to clause 5.3, you must continue paying charges (if applicable) unless and until the IT Services at CAS Ltd Service is terminated.

5.6 In the event of termination of this Agreement you will remain responsible for all charges you have incurred to the date of termination.

5.7 Cancellations via credit card will take place one working day before your next payment is due, cancellations via other methods including Direct Debits will take place on the day or one working day before your payment is due

5.8 All Product Contracts operate for a 12 month period from the day you sign up to the package detailed in your order, made via clauses 8.1.2, 8.1.3 or 8.1.4. These contracts are legally binding and a breaking of this contract will result in:

5.8.1 the remaining owed monies of the contract to be paid back to Community Action Suffolk.

5.8.2 possible immediate service cancellation.

5.9 On cancellation of your agreement with Community Action Suffolk, IT Services at CAS Ltd will write to you confirming the services that are due to cancel, when they are due to be cancelled and any remaining charges to be paid.

6. Our liability to you top

6.1 Nothing in these terms and conditions excludes or limits our liability for any death or personal injury caused by our negligence or the consequences of any fraud by us.

6.2 Except as set out in Clause 7.1, we are not liable to you (whether as a result of breach of Agreement, negligence or other tort or otherwise).

6.2.1 any damage or loss arising from the consequences of viruses received by you via the IT Services at CAS Ltd Service or of our failure to provide the IT Services at CAS Ltd Service in accordance with these Terms of Use; or

6.2.2 loss of profit, any indirect or consequential loss, loss of data, business, or savings or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses.

6.3 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or 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)

6.4 Whilst every effort should be made to complete any work undertaken to the satisfaction of the client, IT Services at CAS Ltd does not guarantee the client that it can fix every problem with which it is presented. In this scenario, we promise to work with you and potentially other partners to find a workaround solution or to find an alternative permanent solution.

7. Complaints procedure top

7.1 If you have a complaint about any aspect of the IT Services at CAS Ltd Service, please contact IT Services at CAS Ltd Support on 01473 345305 (calls are charged at standard rate and may be monitored for training, security and quality assurance purposes) who will endeavour to resolve any complaints as soon as is reasonably possible.

7.2 If you are not satisfied that your complaint has been resolved, you can escalate your issue, in writing, to IT Services at CAS Ltd , Brightspace, 160 Hadleigh Road, Ipswich Suffolk IP2 0HH In normal circumstances a reply will be provided within 31 working days of receipt of your letter.

8. Notices top

8.1 Unless otherwise provided in these Terms of Use, any notices must be sent by e-mail, telephoned, post or delivered by hand as follows:

8.1.1 to you, at the address you have given us or the e-mail address given to us in your registration details or to any other address provided to us subsequently; and

8.1.2 to us by telephone only by calling our Support Team on 01473 345305 (calls are charged at standard rate and may be monitored for training, security and quality assurance purposes).

8.1.3 to us by email by emailing support@suffolkonline.net

8.1.4 to us by writing to, or hand delivering to, IT Services at CAS Ltd , Brightspace, 160 Hadleigh Road, Ipswich Suffolk IP2 0HH

8.2 In the case of notices sent to you by email, such notices shall be deemed to be received when capable of being accessed by you. In the case of notices sent to us by post, such notices shall be deemed to be received on the second business day after posting.

9. Community Action Suffolk’s right to vary the terms of this Agreement top

9.1 We may alter and/or amend at any time:

9.1.1 the IT Services at CAS Ltd Service upon giving you 14 days notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to this Agreement; and

9.1.2 this Agreement upon giving you 14 days notice in advance of any such amendment taking effect. If, upon receiving any such notice, you do not wish to continue with the IT Services at CAS Ltd Service, you may terminate the Agreement upon giving us written notice. Your notice shall take effect upon the earlier of 7 days from our receipt of your notice or the date upon which the amended Agreement would otherwise have taken effect.

9.2 You will be deemed to have accepted any alteration and/or amendment to the Agreement and/or the IT Services at CAS Ltd Service if you continue to use the IT Services at CAS Ltd Service after the relevant period of notice has expired.

10. General top

10.1 You may not transfer the Agreement between us or any part of it to anyone else.

10.2 We may transfer the Agreement between us to any person taking over the supply of the IT Services at CAS Ltd Service or any part of the IT Services at CAS Ltd Service. We may also sub-contract or assign the provision of the IT Services at CAS Ltd Service or any part of the IT Services at CAS Ltd Service to any other person.

10.3 If any part of the Agreement between us is found to be illegal or unenforceable, this will not affect the validity and enforce-ability of the remainder of the Agreement.

10.4 Any delay or failure by either of us in enforcing any right under the Agreement between us is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.

10.5 This Agreement constitutes the entire Agreement between us relating to the provision of the IT Services at CAS Ltd Service and supersedes any previous Agreements between us relating to the IT Services at CAS Ltd Service.

10.6 Nothing in this Agreement is intended to create any rights under the Contracts (Rights of Third Parties) Act 1999, which is enforceable, by any person who is not a party to this Agreement. Nothing in this Agreement shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.

10.7 The provision of the IT Services at CAS Ltd Service and the application of this Agreement are governed by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement.

10.8 Registered Address: IT Services at CAS Ltd , Brightspace, 160 Hadleigh Road, Ipswich Suffolk IP2 0HH. Registered Company Number 04281770

11. Support top

11.1 If a fault does occur, you can report the fault by telephone on 01473 345305, email to support@suffolkonline.net or in writing to IT Services at CAS Ltd , Brightspace, 160 Hadleigh Road, Ipswich Suffolk IP2 0HH. You are responsible for all call charges that you incur whilst making calls to IT Services at CAS Ltd Support. Once you have reported a fault to us, we will do our best to resolve the fault as quickly and efficiently as we are able to in the circumstances.

11.2 We are not responsible to you for any computer equipment, software and cables that we did not supply to you. We will not reimburse you for the costs of any support that you obtain from elsewhere.

11.3 The helpdesk is open from 9am to 5pm every weekday excluding bank holiday’s and other specified days. We reserve the right to amend these opening hours as we see fit and we will give you appropriate notice periods should we do this. Should the helpdesk be closed when you call, an answer machine will be available to allow you to leave a message. We will endeavour to get back to you as efficiently as we are able to in the circumstances.

12. Additional conditions pertaining only to ADSL & Fibre broadband services top

12.1 Registering with IT Services at CAS Ltd for Internet Access gives you the ability using Access Devices (of appropriate specification), to access the Internet. The Internet packages that are available from us are as described on our portal (www.suffolkonline.net) and will be provided by IT Services at CAS Ltd with reasonable skill and care and in accordance with the provisions of this Agreement.

Before we can agree to your request to subscribe to the broadband service:

12.2.1 we must confirm that you have an existing BT telephone landline at the location to which you have requested that we provide the broadband service. We will do this by carrying out a test on the telephone number that you have given to us on your registration form;

12.2.2 You must let us know you have an existing broadband service so we can liaise with your current supplier to migrate your service;

12.2.2.1 or alternatively you must cancel any other broadband service supplied by another company through the BT telephone landline that you wish to use to receive our broadband service and your BT telephone landline at your location must be clear of your former supplier’s broadband service;

12.2.3 you must have a suitable computer and compatible cables from your telephone socket to your modem and computer.

12.3 In certain limited circumstances, we may not be able to provide you with the broadband service for technical reasons. If this happens we will do our best to let you know promptly.

12.4 Once we confirm our agreement to your request to subscribe to the broadband service, we will arrange for you to start to receive the broadband service by a provisional date that we will notify to you. We will use reasonable efforts to meet this date but do not guarantee this. We will use reasonable endeavours to contact you if there is a delay

12.5 If you move home or change the telephone number of the BT telephone landline to which you connect to the broadband service you must tell us immediately. Moving house, will result in us having to place a new broadband order and therefore standard new order installation times. This will constitute a new 12 month term from the date of the activation of your new broadband line. Your contract with us for the broadband service will continue until it is ended in the way set out in paragraph 6. There are no re-activation charges due when you move house and have to get your broadband relocated.

12.6 IT Services at CAS Ltd cannot be responsible for faults that are in relation to the telephone line or for other services that are beyond our control (ie internal network etc). Whilst we will do our best to work with the supplier to assist you in resolving the problem, there is no obligation on Community Action Suffolk’s behalf to provide technical support or a refund for faults that are not due to the services that IT Services at CAS Ltd provides. The customer will need to contact the supplier or maintainer of those services that have the fault to obtain this refund.

12.7 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by IT Services at CAS Ltd and therefore we cannot guarantee that the our Service will be uninterrupted or error free, or that you will be able to access the Internet via the IT Services at CAS Ltd Service at all times.

12.8 Internet connections are subject to network traffic management controls. To ensure the overall quality of the network remains high, we reserve the right to throttle user connection speeds.

12.9 We will endeavour to provide the service to you at the speed you have requested, however we cannot always guarantee this and the speed of your connection and download times may be slower if our network or the internet is congested.

12.10 It may be necessary for IT Services at CAS Ltd employees or their agents to gain access to customers premises to effect installations or repairs. The customer will at all reasonable times provide our employees and agents access on production of a valid identity card. We will normally only require access during normal working hours but may require access at other times on reasonable notice.

12.11 There is a 5 day “cooling off” period on orders on all our broadband packages where if you cancel your broadband order within this period then no charges will be incurred. If however you decide to cancel your ADSL order after this period then dependant on what stage BT have reached with the process of this order we reserve the right to charge the activation charge of £53.00 to yourself.

12.12 During the broadband order process, if ADSL hardware was purchased through IT Services at CAS Ltd and distributed to yourself before your order was cancelled and then charged to your account. Should you return the hardware to the address detailed in section 12, then we will endeavour to refund the full cost of the hardware. We are not liable for any delivery charges incurred.

12.13 IT Services at CAS Ltd does operate a fair usage policy on all of our products and this is defined more closely in our broadband section on our website – https://www.suffolkonline.net/products/broadband/

12.14 As of June 20th 2015, migration to another Internet Service Provider no longer requires a MAC code. Migration to another Internet Service Provider after this date simply requires you contacting your new provider and they will liaise with IT Services at CAS Ltd to ensure smooth transition of your service. This process make take up to 10 days and during this period we will confirm to you, in writing, the services that are due to migrate and any final charges due on your account.

12.15 As of April 2008, all our broadband products have Internet data use restrictions on them, unless otherwise specified with the word “UNLIMITED”. Customers will either be billed additional amounts on their next monthly billing amount if they have exceeded the advertised data limits (as detailed on this website) or we will make an informed decision based on the last 3 months data usage and automatically change your product to reflect these new usage levels. These additional amounts or automatic changes to the product will be billed at the rates detailed at this site and they will be billed on the next monthly billing data after this exceeding of the data limit. IT Services at CAS Ltd has a policy of rounding up or down to the nearest Gigabyte (GB), when it is billing additional data charges to a customer’s account. All customers exceeding their data limits will be written to, either by email or letter, informing of this fact and the changed amount to be billed from their account. Any changes in payment will be dealt with in accordance of condition 1.2.

12.16 Should a technical issue with your broadband connection be unable to be resolved by IT Services at CAS Ltd or it’s Internet Service supplier The Phone Coop and all available evidence at the time suggests that the issue is “phone line” or “phone exchange” related then we will need to the pass the issue onto the supplier of your phone services. Should your phone service supplier subsequently find out that the issue is not related to your phone line or phone exchange, following a visit, then any additional charges levied by the phone supplier for this visit will be the responsibility of You the customer to pay.

12.17 As of September 2009, all broadband orders are subject to 12 month Internet Service contracts as described in clause 5.8. These contracts are binding and will take in effect from the day your broadband connection is active. Cancellation of your broadband service before the 12 month contract expires will result in immediate suspension of the service and/or a request for the remaining monies in the contract to be paid.

13. Additional conditions pertaining only to Website Hosting services top

13.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

13.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

13.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.

13.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

13.3.2 You will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

13.3.3 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

13.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.

13.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

13.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

13.7 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

13.8 While we will use every reasonable endeavour to ensure the Server is available for hosting and email service all all time, we cannot guarantee this is the case. We shall be under no liability for loss of business as a result of the Server being unavailable.

13.9 Rights to the Web Site and Content. The Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to Community Action Suffolk. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Community Action Suffolk, and licensed by IT Services at CAS Ltd or generally available to the public, including the Customer, under published licensing terms, and that IT Services at CAS Ltd will use to display or run a Web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.

13.10 In the rare circumstances that a user utilizes our server resources to such an extent that it may jeopardize server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:

13.10.1 Resources are defined as bandwidth, processor utilization or disk space;

13.10.2 We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.

13.10.3 We reserve the right to install security features on your website without notification.

13.11 We don’t guarantee “up time” of the Server in any shape or form but we do aim for a 99.9% “up time” of the Server. If you require additional guarantees around availability of the service then we can provide Fully Managed options on request, where these services are monitored on a 24/7 basis.

14. Additional conditions pertaining only to Hosted Email and Cloud Email services top

14.1 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.

14.2 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

14.3 By way of example, and not limitation, uses described below are expressly prohibited:

14.3.1 Any use of the Services (a) to post, transmit, re-transmit or store material which violates local, county, or national law, including all export, use, import and other relevant laws in the jurisdiction; (b) in any way that could be considered threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual or entity (“Person”); (c) for any unlawful, invasive, infringing, defamatory, fraudulent or obscene purpose; (d) to send unsolicited, bulk email of any kind, regardless of the content or nature of such messages, post the same or similar message to one or more newsgroups or host or accept bulk replies resulting from such unsolicited email; (e) to forge IP address information or mail headers; (f) to send any virus, worm, trojan horse or harmful code or attachment; (e) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; or (g) so as to interfere with the use of the connectivity partner network by other customers or authorized users.;

14.3.2 Deceptive or fraudulent practices;

14.3.3 Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, Community Action Suffolk, or otherwise, in its use or enjoyment of any IT Services at CAS Ltd Service;

14.3.4 The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.

14.3.5 Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).

14.3.6 Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else’s site or network.

14.3.7 Attempting to circumvent host or user authentication or other security measures of any host, network or account.

14.3.8 Maintain an Open E-mail Relay/Open Data Relay or allowing any data to be sent through one’s system by an unrelated third party, including, but is not limited to, via open e-mail gateways and open proxy servers.

14.3.9 Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship (“E-mail spam”). IT Services at CAS Ltd reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.

14.3.10 Harassment including, but not limited to, through language, frequency or size of messages.

14.3.11 Unauthorized use, or forging, of mail header information.

14.3.12 Solicitations of mail for any other E-mail address other than of the poster’s account or service with the intent to harass or to collect replies.

14.3.13 Creating or forwarding “chain letters” or other “schemes” of any type.

14.4 Whilst backup of our email systems are completed on a nightly basis we do not guarantee that these can be accessed on request. We recommend that the Customer enforces their own backup routine to ensure full security and availability of emails.

15. Additional conditions pertaining only to Cloud Backup services top

15.1 When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify IT Services at CAS Ltd immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

15.2 You will not use the IT Services at CAS Ltd Cloud Backup services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

15.3 Without limiting the foregoing, you will not use the IT Services at CAS Ltd Cloud Backup services for any of the following activities:

15.3.1 obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

15.3.2 advertising to, or solicitation of, any Member to buy or sell any products or services through the IT Services at CAS Ltd Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the IT Services at CAS Ltd Cloud Backup Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;

15.3.3 any automated use of the system, such as using scripts to add friends or copy files;

15.3.4 interfering with, disrupting, or creating an undue burden on the IT Services at CAS Ltd Cloud Backup Services or the networks or services connected to the IT Services at CAS Ltd Cloud Backup Services;

15.3.5 attempting to impersonate another Member or person;

15.3.6 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

15.3.7 selling or otherwise transferring your Membership;

15.3.8 using any information obtained from the IT Services at CAS Ltd Cloud Backup Services in order to harass, abuse, or harm another person;

15.3.9 using the IT Services at CAS Ltd Cloud Backup Services in a manner inconsistent with any and all applicable laws and regulations;

15.4 We shall use our reasonable endeavours to make available to you at all times the IT Services at CAS Ltd Cloud Backup Services but we shall not, in any event, be liable for interruptions to or unavailability of the IT Services at CAS Ltd Services.

15.5 IT Services at CAS Ltd reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to all or any part of the IT Services at CAS Ltd Services at any time, with or without prior notice.

15.6 IT Services at CAS Ltd does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you upload to the IT Services at CAS Ltd Services.

15.7 You represent and warrant that your uploading any Content to the IT Services at CAS Ltd Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the IT Services at CAS Ltd Services.

15.8 Without limiting the foregoing, you will not upload any Content to the IT Services at CAS Ltd Cloud Backup Services which:

15.8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

15.8.2 harasses or advocates harassment of another person;

15.8.3 exploits people in a sexual or violent manner;

15.8.4 contains nudity, violence, or offensive subject matter or contains a link to an adult website;

15.8.5 solicits personal information from anyone under 18;

15.8.6 promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

15.8.7 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

15.8.8 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

15.8.9 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

15.8.10 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

15.8.11 involves commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

15.8.12 includes a photograph of another person that you have uploaded without that person’s consent;

15.9 You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of IT Services at CAS Ltd to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to IT Services at CAS Ltd by the copyright owner or the copyright owner’s legal agent.

15.10 Without limiting the foregoing, if you believe that your work has been copied and posted on the IT Services at CAS Ltd Cloud Backup Services in a way that constitutes copyright infringement, please provide Us with the following information:

15.10.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

15.10.2 a description of the copyrighted work that you claim has been infringed;

15.10.3 a description of where the material that you claim is infringing is located on the IT Services at CAS Ltd Services;

15.10.4 your address, telephone number, and email address;

15.10.5 a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

15.10.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16. Additional conditions pertaining only to IT Support services top

Service

16.1 The support desk is operated from 9am to 5pm Monday – Friday excluding public holidays and the days between Christmas Day and New Years Day. Telephone calls will be answered straight away subject to an engineer being available.

16.2 Clients can send in their issues both via email to support@suffolkonline.net or by phone on the main number 01473 345305.

16.3 A voicemail system will be provided so should all engineers be busy, messages should be left on our voicemail system and we will aim to respond to your voicemail within a 60 minute period.

Products

16.4 Telephone support and remote diagnostics is limited to the amount of hours as defined by the products listed in our IT Support section – https://www.suffolkonline.net/products/it-support/. Usage beyond these levels will require additional payment at your package on-site hourly rate.

16.5 None of our products contain any inclusive On site support hours unless we have provided a bespoke arrangement to you. This will be made to clear to you before acceptance.

16.6 Remote diagnostics includes all time spent by IT Services at CAS Ltd ICT engineers remotely trying to fix or diagnose a problem.

16.7 All organisations on the Gold packages will get 1 free initial health check for the main site of the organisations. Satellite sites within the organisation wanting a health check will be charged at the hourly call out rate. Included in the health check will be a physical check on each machine, any potential problems in the future discovered or any current problems. General security, anti-virus and anti spy-ware software will also be checked on each system. The main file server (if present) will also be checked in all these areas and further network checks will also be performed. A report following the health check will be provided outlining any potential improvements to the network/pc infrastructure.

16.8 Health Checks will not exceed more than 1 day of work including any travel time.

16.9 Health checks for organisations with more than 30 PC’s will be completed on as many pc’s as possible within the 1 day period and then health check guides will be given so an employee of the organisation can replicate this across the rest of the PC’s. Health checks on all PC’s can be arranged, the relevant hourly rate will be charged for this work.

16.10 These monthly charges do not include any day-to-day system maintenance unless agreed in a bespoke arrangement or you have signed up to one of our “Gold Plus” packages. System maintenance that has been agreed with a bespoke arrangement or that is part of our “Gold Plus” packages will be remote only system maintenance. No on-site system maintenance is provided as part of this arrangement.

16.10 Procurement advice is given with best intentions and with the knowledge that is available at the time of the request for advice.

16.11 Whilst we try and support any software or hardware that an organisation has within its infrastructure, IT Services at CAS Ltd specifically does not support telephone systems or finance systems within it’s packages. We also reserve the right not to support bespoke pieces of software built for an organisation, however we will try and assist where we can. Please note that support with updating your website or changing your website is also not included in our IT Support packages. If you require such packages then we do supply website maintenance packages or we can assist you in an “ad-hoc” capacity charging you at our hourly rate.

16.12 Support hours in all our packages may be used for any questions or queries that you may have about any matters and items that are defined as “issues” with your current IT provision. We define an “issue” as something that is not working as it has been designed to work. Changes to your current IT provision or development work that you wish us to complete for you are not included in any of our IT Support packages and these elements will be charged at our hourly rate as detailed on the respective product pages.

16.13 Items brought into our office for installation or repair will be treated like “on site” items. A quote will be provided for the repair or installation of the item before the item is brought into the office and this will quote will require to be accepted before work on the item can commence.

Our Promise to you

16.14 In the unlikely event that a problem is unable to be resolved and additional help is required, then any costs involved may be forwarded on to the client. Authorisation will be obtained before proceeding.

16.15 There will be a minimum charge of one hour for all on-site work. Travel expenses will be charged at the rate of 45 pence per mile. The time period starts when the engineer leaves his base.

16.16 For faults that cannot be repaired remotely we will aim to be on-site the next working day or earlier if possible. For server faults affecting the whole organisation will we may attempt the same working day if resources are available.

16.17 If on site work is required, an estimate detailing appropriate costs and times for the work will be sent to the customer and authorisation (either by email or letter) will be obtained before commencement of the work.

16.18 Time spent either providing telephone support or remote diagnostics will be recorded on our call logging/fault reporting system from the time the activity starts to the time it ends. Users will be advised of the time recorded at the time of the call. Organisations will also be advised when they are approaching their monthly limits. Any overruns will be charged at the appropriate hourly rate in 15 minute minimum units.

16.19 If additional materials and/or time are required to complete a job, we will seek authority to go ahead with these additional items or time before this section of work is performed. Only when we have authority will we go ahead with the work.

16.20 All on site support usage costs will include the direct travel costs (i.e. fuel, hotel etc) and travel time to the customer’s location and the estimated time to complete the task in hand. A quote will be provided ahead of any on-site visit and this will need to be accepted by you “the customer”. If, at the time of estimation, the task in hand is not clear we may make an exploratory site visit to ascertain what is needed to complete the task and then provide a quote, once we have all the information at hand.

Our liability to you

16.21 Whilst every effort should be made to complete any work undertaken to the satisfaction of the client, IT Services at CAS Ltd does not guarantee the client that it can fix every problem with which it is presented.

Contracts & Payments

16.22 If further computers are bought and implemented into the organisation or charities system that take the amount of computers into the next “pricing banding” then IT Services at CAS Ltd will require a re-negotiation of the contract with the customer to take into account the new level of computers.

Customer Obligations

16.23 The customer will allow IT Services at CAS Ltd access to the system that requires maintenance or a repair for remote support purposes and if an on-site visit is required, physical access to the system itself. The customer will also co-operate in the diagnosis of equipment malfunction or issues where required.

16.24 The customer will make freely available any documentation and software for the efficient resolution or maintenance of the system in question.

Confidentiality

16.25 IT Services at CAS Ltd understands the importance of your data and the security of it. To do our jobs effectively we will require the appropriate access to servers and computers that may hold sensitive or confidential information, however in these scenarios IT Services at CAS Ltd guarantees the security and privacy of these documents. Unless absolutely necessary and without the appropriate prior permissions from the chief executive of the organisation, IT Services at CAS Ltd engineers will not access any of these documents or files.

16.26 Each party undertakes to disclose the other party’s Confidential Information only to those of its officers, employees, agents, professional advisers and contractors (including the Service Provider’s personnel) to whom and to the extent to which such disclosure is necessary for the purposes contemplated under this agreement

16.27 Each party shall give notice to the other of any unauthorised misuse, disclosure, theft or loss of the other party’s Confidential Information immediately upon becoming aware of the same.

Data Protection

16.28 Each party shall provide the other party with reasonable assistance in complying with its obligations under applicable Data Protection Legislation insofar as necessary to facilitate each party’s compliance with each party’s obligations in this agreement.

16.29 The parties acknowledge and agree that the Customer shall be the Data Controller in respect of any Personal Data contained within the Customer Data.

16.30 In connection with the provision of the Services, the Service Provider may use and process the Customer Data to provide the Services and as is necessary perform its obligations under this agreement

16.31 Please see our privacy policy at https://www.suffolkonline.net/privacy-policy/ for full information on how we treat your data

16.32 IT Services at CAS enforces a number of security measures that safeguards your data. All of your data is held in secure cloud infrastructure provided by Microsoft which is not only protected by username and password combinations but also by multi factor authentication methods. We also enforce permission-based protections so only authorised staff (i.e. the IT Team) are allowed to access your data. We also have a variety of physical controls which stops people from accessing systems that may hold your data which include burglar alarms, locked rooms, secure fob entry and automatic screen locking.

17. Specific Conditions Pertaining to Hardware and Software Supply, Installations & Repairs

top

17.1 All hardware and software remains the property of IT Services at CAS Ltd until payment has been received for it. Should full payment not be received, IT Services at CAS Ltd reserves the right to collect the items from the install address or to revoke access to the items.

17.2 The installation is limited to any items detailed in the final approved quote by “you” the customer. Approval of a quote should be done by the specified system detailed in the quote or by email or post. Verbal agreements are not possible.

17.3 Additional items on top of those detailed in the approved quote can be added to the installation but will need to be quoted for and any new quote will have to be approved by “you” the customer.

17.4 “You” the customer will make freely available any documentation and software for the efficient resolution or maintenance of the system in question.

17.5 All hardware and software items supplied by IT Services at CAS Ltd will come with a 1 year “back to base” warranty unless otherwise stated or required. The warranty process on items will depend on the manufacturer of the device and their own rules and as we work with a number of different manufacturers these can not be set out in these terms and conditions. Usually this warranty process will involve the faulty unit being shipped back to the manufacturer for repair under their defined repair schedule.

17.6 IT Services at CAS Ltd reserves the right to repair any hardware or software away from the customer address.

17.7 “You” the customer will ensure that new hardware will have an appropriate electricity supply being made available before installation.

17.8 Refunds on equipment can only be supplied if you change your mind on the purchase within 7 days of acceptance of your order or if the item is defined as “dead on arrival” i.e. as soon as you plug it in it doesn’t function.

18. Additional conditions pertaining only to Website Design services top

These Website Design Terms and Conditions (“Design Terms”) apply to any website design and build services that we provide.

Please read these Design Terms carefully and print a copy for your future reference. By ordering website design services from us, you agree that you have read, understood and agree to these Design Terms, the Privacy Policy and the Services Terms (each as amended from time to time). If you do not agree to these Design Terms, you must not order any design services from us.

Order Process

18.1 Details on standard website design options are available on the IT Services at CAS Ltd IT website www.Suffolkonline.net). All services descriptions and illustrations shown on the IT Services at CAS Ltd website are provided in good faith but are intended as guidance only and actual services may vary.

18.2 As part of the order process, you will outline your requirements for the website design and build services (“Design Services”) that you wish us to provide (“Specification”). You agree to provide any information reasonably required by us during the order process.

18.3 As part of your Specification, you must make it clear if you require the ability to change your website frequently and all other features required within the website. You may specify that your website may be designed and built using our Content Management System (WordPress CMS).

18.4 Following receipt of our quotation for the Design Services, you must confirm your order of Design Services (“Order”) to us in writing, by email or by post. Quotations are valid for a period of thirty (30) days. Full payment of the agreed price is due on completion of the project. Nothing in these Design Terms obliges us to provide a quotation and we reserve the right, in our sole discretion, to refuse to accept your Order.

18.5 Your Order is accepted by us and becomes binding only when we expressly confirm the Order in writing by email or post.

Services

18.6 We will design and build a website for you based on the “Specification” and including the material including without limitation, images and text provided by you. Any items deemed to not be part of the “Specification” may be subjected to additional charges, which we will seek your approval for.

18.7 Before going live with your site we will provide you with all the necessary user guides, support guides and training (as agreed in the price) to ensure you are ready for this “post live” website period. Providing you have taken our website hosting package we will agree to support you with “bug fixes and user training queries” throughout the lifetime that the website is hosted on our IT Services at CAS Ltd servers. Please note this does not include changes to your website beyond the original specification or beyond the agreed design as stated in 18.2.

Bespoke Packages

18.8 A single static mock-up page of the website home page, “inner page template” and other agreed templates at the time will be designed and submitted to you for approval if you choose our bespoke package. These mock-up pages will then be used for the overall design of the website. Once you have approved the design of this page, any alteration by you to the design may result in additional charges.

18.9 Following acceptance of our “mock-up pages” we will build a fully functional website, based on your original specification, hosted on our test server so you can test the full site in it’s working state. Once you are happy with the test site we will work with you to set a date and time to go live with your new website.

18.10 No content from your existing website or from materials you provide to us will be loaded onto the site unless otherwise agreed. Content addition will incur additional costs and we will make you aware of these before proceeding.

18.11 If you choose to take our content migration service we will transfer the agreed content from your existing website or from content you have written for the website. We will only replicate the formatting of content from your existing website or from the document of content you send us and to the agreed templates. No further additional formatting will be applied without prior agreement and without agreement to the additional costs this will likely incur. Our content migration service is based around a “best as we can” approach where we will transfer all the agreed content but we cannot guarantee this will be issue free. Because of the nature of large scale content migration it is not always possible to migrate content without issue.

18.12 You will have the opportunity to review the page layouts and overall design of your website for you on a maximum of 3 occasions. Changes to layouts beyond this may result in additional charges.

Templated Packages

18.13 You will choose a design layout from the selection we give you and we will build your site according to the “specification” or set of deliverables that we agreed in our final proposal to you. Once we have completed the build of the website we will make it available on our test server so you can test the full site in it’s working state. Once you are happy with the test site we will work with you to set a date and time to go live with your new website.

18.14 No content from your existing website or from materials you provide to us will be loaded onto the site unless otherwise agreed. Content addition will incur additional costs and we will make you aware of these before proceeding.

18.15 If you choose to take our content migration service we will transfer the agreed content from your existing website or from content you have written for the website. We will only replicate the formatting of content from your existing website or from the document of content you send us and to the agreed templates. No further additional formatting will be applied without prior agreement and without agreement to the additional costs this will likely incur. Our content migration service is based around a “best as we can” approach where we will transfer all the agreed content but we cannot guarantee this will be issue free. Because of the nature of large scale content migration it is not always possible to migrate content without issue.

18.16 You will have the opportunity to review the page layouts and overall design of your website for you on a maximum of 3 occasions. Changes to layouts beyond this may result in additional charges.

Price and Payment

18.17 The price or charges for any Design Services will be as set out in the quotation submitted by us prior to your Order (“Price”). All prices are in pounds sterling.

18.18 Immediately upon acceptance of your Order by us the full Price of the selected Design Service shall be due and payable, however only on completion of the project is the full price required to be paid. All annual charges (as set out in our quotation) will become due annually and each year (on a specific anniversary date) you will be given an opportunity to renew or not renew these services. We do request a 25% deposit (of the final cost) at the start of the project and this is payable on standard 30 day terms.

18.19 We accept single payments by cheque (payable to “IT Services at CAS Ltd ”), or BACS. Without limitation, we do not accept any card payments. We reserve the right to withdraw any payment methods at any time and to vary our prices without notice to you.

Our Obligations

18.20 We endeavour but do not guarantee to complete the Design Services by any given completion date or within any agreed timescale. Time shall not be of the essence.

18.21 The design and building of your website will only commence following acknowledgement of the Order by us and the provision of the images and text by you.

18.22 When we have completed the Design Services, your website will be uploaded to a temporary URL for the purposes of your review and approval. The Design Services will be finally completed when you provide us with written approval of your website (such approval not to be unreasonably delayed or withheld). You may provide approval by email, by post or by fax to our contact details set out in clause 1 above.

18.23 Following your approval, we will upload the approved website to our hosting server or supply the website files to you for use on any third party hosting server. We reserve the right not to upload or supply the website files to you until full payment has been received.

18.24 Once the website is approved by you, we are not responsible for any errors or downtime caused as a result of changes made to the website by you or by any third parties on your behalf.

18.25 Any web site designed by us and built using our WordPress CMS designed to fully function with our hosting service and we bear no liability or responsibility for hosting on any other service. We recommend that your website domain name is transferred to our hosting service but, should you host your domain name elsewhere, we will provide the required files to you. We are not responsible for uploading or implementation of the WordPress CMS on any hosting service other than that provided by us.

Your Obligations

18.26 You agree to promptly provide to us (free of charge) any information and material (including without limitation images and text) that we may reasonably require to enable us to proceed with our obligations under these Design Terms.

18.27 You warrant and represent that all information and material provided to us is (a) accurate; (b) is either owned by you or that you have permission of the owner for the material to be used in relation to the provision of the Design Services; and (c) is free from viruses or other harmful programs.

18.28 You warrant and represent that the website content and all information and material provided to us by you or on your behalf complies with and will continue to comply with all applicable laws, regulations and guidance.

18.29 You agree that you will only use the website for lawful purposes and will not knowingly or recklessly provide, post, link to or transmit any material which is unlawful, threatening, abusive, defamatory, obscene, offensive, profane, threatening, or which infringes third party rights (including without limitation intellectual property rights) (“Inappropriate Content”). We reserve the right to refuse to include content on your website that we consider is Inappropriate Content and/or does not comply with these Design Terms.

18.30 You agree that any website designed and built by us may display the phrase “designed by IT Services at CAS Ltd”, where “IT Services at CAS Ltd” is in logo form, and provide a link to the IT Services at CAS Ltd website at http://www.Suffolkonline.net

18.31 You shall promptly pay to us all payments due under these Design Terms.

18.32 You agree to indemnify us in respect of any losses, costs, expenses, damages and/or claims incurred by us as a result of any breach by you of these obligations set out in this clause 7.

Intellectual Property Rights

18.33 All intellectual property rights in the website, its functionality, programming code and any design work, documents or drawings (excluding any material provided by you) are vested in and at all times remain the property of us. We hereby grant you a non-exclusive license of such intellectual property rights for the purpose of operating your website.

18.34 You hereby grant us a license to use any information and material provided by you to enable us to design and build the website.

Termination

18.35 You may terminate this agreement immediately at any time by providing written notice of termination to us by email (with confirmed receipt), post or fax (with confirmed receipt) to the contacts set out in our definitions section at the top of these terms and conditions, stating that you wish to terminate your Website Design Service and stating your customer contact name, your customer business name and full address. If you terminate this agreement part way through the process then you will be required to pay for the work completed up to the date of cancellation based on our day rate of £300 per day.

Glossary

“the design” – The overall structure and layout of the home page and inner pages including font styles, logos, branding

“mock-up” – A static image which shows the design in it’s whole form

“the specification” – The specified “elements” (as devised by ourselves and you the client) that we intend to supply to you in the form of a completed website

“bespoke package” – Our bespoke website package as detailed at https://www.suffolkonline.net/products/web-design/

“templated package” – Either our “One Suffolk” or “Templated” website design package as detailed at https://www.suffolkonline.net/products/web-design/

“elements” – Elements are defined as functionality within a website i.e. an events calendar, news section, password protected area etc

“inner page template” – The deign of what all inside pages of the website will look like

“project life-cycle” – The time period of the project from the acceptance of our quote to the Go Live date of the website

“Inappropriate Content” – Visual depictions that are obsene, child pornography, or material that is “harmful.” Categories under this topic include pornography, hate groups, violence, illegal activity, extremist groups, and online advertising.

19. Privacy Policy top

19.1 Please view our privacy policy for detailed information about how we use, store your data and how you can remove data about yourself from our systems. Please see our privacy policy here

19.2 As detailed in our privacy policy, IT Services at CAS Ltd uses some third party suppliers to help us provide you your service. We work with all our third parties to ensure they are GDPR (General Data Protection Regulation) compliant. As a user of IT Services at CAS Ltd you acknowledge that we use third parties to help us provide you a service and in line with our privacy policy guidance on how these third parties may, or may not, access your data is provided.