This is a Legally Binding Agreement between You and BITE
By using BusinessITEssentials.com (“this Website”, “we”, “us”), you agree to all terms below. If you do not agree with these terms, do not use this Website. You agree that this Website may modify these Terms of Use and Privacy Policy at any time and you agree to be bound by all changes that this Website may reasonably make hereto.
Definitions
“You” refers to you as a user of this Website, any party authorized to act on your behalf, your company, partner, or any party you are representing or acting on behalf of, on this Website.
Representations
You represent that you are at least 18 years old and have provided and will continue to provide accurate and correct information to this Website. You represent that you have full authority to enter into this agreement and perform its terms. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties. By using this Website you agree to our Terms as outlined below. If you do not agree to these Terms, you are not authorized to use this Website. By using this Website’s services, you are agreeing to be bound by these Terms.
Services
This Website offers a wide range website and IT support services online, over email, instant messaging, and phone. This Website charges fees for these services. These fees may change at any time at this Website’s management sole discretion.
Payments
You agree that you will pay for using this Website services. You authorize this Website and the legal entity which owns this Website’s label to charge you any services purchased on this Website for the period of the minimum duration of your subscription, which is one year. You are solely responsible to maintain your account with this Website in good standing, which includes but is not limited to timely payments of all dues, fees, taxes and other applicable charges. You agree to pay for our services rendered for a minimum period of 1 year and until your account is terminated under the Termination conditions noted below. However you have the option to terminate your subscription within the first 30 days from your sign up date. Delaying or missing a payment may result in incurring additional charges and /or cancelling your support plan.
Your Account
When you register your account, you might be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password to any third party. You agree to notify 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.
Termination
Our services are binding for the entire duration of your subscription period, which is one year. You can terminate your subscription within a grace period of 30 days from the date you signed up. You may not cancel your subscription after the 30 days grace period had passed. If you decide to do so we may seek redemption to the amount of your remaining subscription. You may terminate your subscription at the end of the subscription period only. If you do not terminate your subscription at the end of the subscription period, plus a grace period of 30 days, your subscription renews for a period of 1 year under the conditions mentioned here. If for some reason you are unhappy with our service, you can request an earlier termination. Granting earlier termination requests is entirely at this Website’s management discretion. All termination requests must be sent to us in writing over email or using the contact us form. Upon termination, your right to use this Website’s services will immediately cease. We agree to terminate your service effective upon the receipt of your written notice of termination but no later than 30 days from your initial sign up date or before a year has passed from your sign up date.
This Website’s Content
Although this Website strives to update and keep accurate as much as possible the content contained on this Website, errors and/or omissions may occur. The content contained in this Website or which may be downloaded from this Website is provided “as is” and “as available”. As such, this Website makes no warranty or representation regarding the quality, accuracy, completeness or up-time and availability of such content and expressly disclaims liability for errors and/or omissions in said content. this Website may fix and correct typographical and unintentional errors at any time. If you have any concerns with the content on this Website, please contact us.
Communications
All messages, responses, and other communication between you and this Website, including but not limited to e-mails, voicemails, and webpages are confidential and/or subject to copyrights. You agree to take all reasonable steps to protect this confidential information and shall not copy, distribute, share, or make public, any information from this Website without prior written permission from this Website.
Requirements
The Service we provide comes with several requirements to which you agree by signing up to one or more of our Plans and accepting these Terms of Service. These are non-negotiable and violation of any of these requirements without getting our approval first, may result in incurring additional charges and /or cancelling your support plan. Some of the requirements are listed below (the list is not exhaustive).
Definition of ‘Unlimited Support’
Support must be requested through either email, instant messaging or phone where applicable. Each request is subject to an approval by this Website’s management. Each request must require maximum of 2 hours of development time, unless otherwise agreed upon with us. The development time effort is determined by the this Website’s management. If your request is deemed to take more than this maximum development time, it will be split and considered as multiple requests.
Requests must be submitted one at a time. Multiple requests submitted at the same time will be queued and might be processed with a delay. When you submit multiple requests, we will notify you only when all requests are completed, unless you instruct us otherwise. We are not required to inform you when you submit multiple requests but you are entitled to ask about it when submitting the requests.
This Website provides guidelines of the timeframes of when a support request will be resolved but provides no guarantee on the exact timeframe in which the request can or will be resolved.
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is solely determined by this Website’s management at its sole discretion. Customers deemed to be abusing the reasonable use clause may incur additional charges and /or have their support plans terminated.
Services Obstruction
We make every effort to take complete care of your website so it functions in the best way possible as outlined in your maintenance plan. For this it is imperative that you do not obstruct, interfere, tamper with or do anything else that could undermine or affect in any way the work that we do on your site, without getting our permission first. Examples of services obstruction may include adding or removing wordpress plugins, hosting large or malicious files on our hosting servers, installing extensions or connecting services, keeping a large email inbox, etc. Obstructing of our services in any way may result in incurring additional charges and /or cancelling your support plan.
Recognition of Our Services
You agree that we may place the following text (or variation of it) in the footer of the pages of your website: Website maintained by Business IT Essentials. Where placing this in the footer is not possible for technical reasons, we might place the text in another part of the website.
Nature of Support Requests
Requests could vary in nature and complexity. We do our best to accommodate all requests. Requests must be related to your website, to your site’s technical issues, or related questions that you might have. Requests must be included in your plan, as defined by us, and must not exceed the coverage, which your maintenance plan provides.
By definition, any request not accepted by us is deemed as unacceptable. Continuous sending of unacceptable requests may result in incurring additional charges and /or cancelling your support plan.
We reserve the right to accept or reject any request entirely depending on our discretion.
Your Website Content
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted, stored and/or shared online in connection with your use of our Services, whether provided by you or by us as part of our Services (“Your Content”).
You agree that you are solely responsible for all content, intellectual property rights, and all materials on your website that you signed up with us as part of our Services. This means that you, and not us, are entirely responsible for all Content that is uploaded, posted, e-mailed, added to or updated on your website, or otherwise posted or handled via our Services. You are solely responsible for any content that we post, update, upload, deliver, transmit, or any other way handle on your behalf as part of the Services.
You agree to verify and insure that Your Content, including the content on your website: (i) does not violate any law or regulation, (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party, (iii) does not breach any duty toward or rights of any person including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person, (iv) is not defamatory, libelous, slanderous or threatening, (v) does not contain any viruses, scripts, macros, programs or links to scripts, macros or programs, (vi) does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, and(vii) does not contain any indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Us), or any illegal subject matter. Your agree to notify Us promptly of any defacement, alteration or other condition that causes Content to violate this Agreement and to cooperate in investigating the incident and instituting appropriate procedures to prevent a recurrence of any such condition. We may, at any time, in our sole and absolute discretion, decline to post, or remove, Content for any reason, or for no reason, whatsoever.
You acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to Your Content, or that in the event other persons do have such right, title or interest, that you are duly authorized to distribute their Content in connection with your use of the Services.
You are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up Your Content regularly and frequently.
We do not verify Your Content handled via the Services and, as such, will not be liable in any way for Your Content.
Limitation of Liability
This Website shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either expressed or implied. In the event that any state/province/country does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, this Website’s liability is limited to the full extent that is permitted by law. You agree that in no event shall this Website’s maximum aggregate liability exceed one hundred Pounds Sterling (£100 GBP).
Indemnification
You agree to defend, indemnify and hold harmless this Website and its owners, operators, parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable legal fees, resulting from any third party claim, action, proceeding or demand related to your use (including your agents, affiliates, or anyone acting on your behalf) of this Website.
Force Majeure
this Website is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
Venue and Choice of Law
This agreement is subject to the laws of the United Kingdom. You agree to waive questions of jurisdiction and all disputes brought by you shall be in the courts of the UK. Prior to resorting to litigation, you agree to attempt to resolve any dispute by binding arbitration in accordance with the laws of the UK. The place of arbitration shall be London. The language of the arbitration shall be English.
Severability
If any provision of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby. this Website will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of this Website as reflected in the original provision.
Binding Effect
This agreement is binding on you, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees.