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  Terms of Service (TOS)
 

Think Support Ltd – Terms of Service ("TOS")

Effective Date:
This Terms of Service was last updated on January 16, 2012.

Think Support Ltd ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Think Support Ltd reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately. You acknowledge and agree that it is your responsibility to review Think Support Ltd. site and this TOS periodically and to be aware of any modifications. You may identify whether Think Support Ltd has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide Think Support Ltd with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Think Support Ltd in order to receive or to continue receiving services. Further, you agree to provide Think Support Ltd with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of services is dependent upon receipt by Think Support Ltd of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit/debit card, bank transfer (BACS or CHAPS) and cheque (made payable to Think Support Ltd). Checks and bank transfer should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Think Support Ltd in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. If a cheque is returned for any reason, the account will be assessed a £30 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 14:00 GMT the following business day, the server will be deactivated until payment is received and will be subject to regular reconnection fees.

Service will be interrupted on accounts that reach 7 days past due. Service interrupted for non-payment is subject to a £50 reconnect charge. Accounts not paid by due date are subject to a £5 late fee. Accounts that are not collectible by Think Support Ltd may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than £75 nor more than £200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation

Client must submit service cancellations by sending an email to cancellation@think-support.com at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone and fax. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

SPAM and Unsolicited Commercial Email (UCE)

Think Support Ltd takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Think Support Ltd may not use or permit others to use our network to transact in UCE. Clients of Think Support Ltd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Refund and Disputes

All payments to Think Support Ltd are non-refundable. This includes one-time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Think Support Ltd.’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Think Support Ltd an "Administrative Fee" of not less than £75 and not more than £200.

VPS Nightly Backups

Think Support Ltd performs nightly backups of VPS accounts as a courtesy service only. Think Support Ltd is not responsible for the completeness, integrity, or freshness of your VPS backup. Think Support Ltd recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. Think Support Ltd reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

Excessive Upgrades and Downgrades

Think Support Ltd does not normally charge any fees for account upgrades and downgrades. However, because upgrading and downgrading between virtualized accounts (such as VPS and Hybrid) and full dedicated server accounts, is a labour-intensive and time consuming process, as is changing the primary disk in dedicated servers, Think Support Ltd reserves the right to charge for upgrades and downgrades at the hourly rate of £85 per hour if Client has made an excessive number of upgrade or downgrade requests. Think Support Ltd, at its sole discretion, will have the final say as to what is considered 'excessive'.

Harassment and Abuse

Think Support Ltd does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behaviour directed at Think Support Ltd or any of its staff or agents. Client agrees to engage Think Support Ltd in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

Think Support Ltd is not responsible for any damages your business may suffer. Think Support Ltd does not make implied or written warranties for any of our services. Think Support Ltd denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Think Support Ltd.

Non-Waiver

Client agrees that Think Support Ltd.’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Think Support Ltd of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Think Support Ltd from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that Think Support Ltd is not responsible for any damages, delays, or other failures to fulfil its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labour disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc.

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this TOS is subject to interpretation at Think Support Ltd's sole and absolute discretion.

You, as Think Support Ltd.’s client, are solely responsible for the content stored on and served by your Think Support Ltd service.

Contact

Please direct all questions regarding this TOS to legal@think-support.com



 
 
     
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