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Terms & Conditions

/Terms & Conditions
Terms & Conditions2018-05-04T12:50:32+00:00

Web Design Terms & Conditions

The following terms and conditions apply to all website development / design services provided by Pro Tech North to the Client.

Before the work starts

A specification is agreed before any work starts. This will be decided between Pro Tech North and the Client and will be determined before a price is given for the project. If Pro Tech North provides you with an estimate for work before the full specification is provided, this is only an estimate. The price may change when the full specification is decided. A full specification would normally include all website content to be provided and functionality agreed.

After the specification is agreed, a price and estimated start and completion date will be provided to the client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Pro Tech North are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Pro Tech North reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

After the project is agreed, a minimum of fifty (50) percent deposit of the project quotation will be invoiced; it must be paid in full and cleared before any work starts.

The remaining fifty (50) percent will be invoiced once the project is complete. The final payment of fifty (50) percent must be paid within 14 days (as specified on invoices) before the site files are uploaded or released.

If the project takes longer than 1 month, Pro Tech North may ask for an interim payment(s) based on the work completed. Interim payment(s) will reduce the final fifty (50) percent payment.

The deposit is only refundable if no work starts.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Pro Tech North and sent to Pro Tech North, Hill Street, Aberdeenshire, AB45 2PL. Bank details will be made available on invoices.

3. Client Review

Pro Tech North will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Pro Tech North otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Pro Tech North will make every effort to meet the agreed completion date. Sometimes, circumstances change and if for any reason Pro Tech North cannot meet the agreed completion date Pro Tech North will endeavour to notify you in plenty of time.

The Client agrees to delegate a single individual as a primary contact to aid Pro Tech North with progressing the commission in a satisfactory and expedient manner.

During the project, Pro Tech North will require the Client to provide website content; text, images, movies and sound files.

Any request for extra work or changes to the project must be supplied in writing.

Requests for extra work or changes to the project specification after the specification is agreed, or are requested after the project has started, will affect the agreed completion date and agreed price. Any requests for extra work or changes to the project will be quoted for and, if agreed, will be invoiced in advance as an interim payment.

If, for any reason, the client would like to move the completion date to an earlier time than agreed, a “rush fee” will apply, although his will be agreed before the rush work is started.

In addition to testing and checks that Pro Tech North carry out, it is the client’s responsibility to check the finished project.

5. Failure to provide required website content

Pro Tech North is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. In conclusion, all of the above condition states that you must be ready to supply content before your quotation is agreed and the website is then commenced.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date or with a selected Care Plan, Pro Tech North can update site content.

6. Payment

Invoices will be provided by Pro Tech North upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within 14 days or as agreed with the client prior to the project starting. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed then a service charge in the amount of twenty (20) percent total amount due.

8. Web Browsers & Devices

Pro Tech North makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft Edge, Safari) and mobile devices (e.g. Android, iOS). Client agrees that Pro Tech North cannot guarantee correct functionality with all browser software and devices across different operating systems.
Pro Tech North cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Pro Tech North reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Pro Tech North’s Web space, Pro Tech North will, at its discretion, remove all such material from its web space. Pro Tech North is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed and a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Pro Tech North reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Pro Tech North for enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days. Initial payment deposit will not be refunded.

11. Indemnity

All Pro Tech North services may be used for lawful purposes only. You agree to indemnify and hold Pro Tech North harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Pro Tech North the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Pro Tech North permission and rights for use of the files and agrees to indemnify and hold harmless Pro Tech North from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Pro Tech North that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

The completed website will become copyright of the client once full payment has been made, until this time Pro Tech North hold full copyright for all design and code work carried out by Pro Tech North.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png, .svg, .ai, .eps or .psd format. Although every reasonable attempt shall be made by Pro Tech North to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

A link to Pro Tech North will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of twenty (20) percent of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Pro Tech North’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Pro Tech North must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Pro Tech North cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Pro Tech North may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Pro Tech North. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

See Hosting Terms and Conditions for further details regarding Domain Names, Hosting and Secure Socket Layers (SSL)

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Search Engine Listings

Pro Tech North does not guarantee listings on search engines and the client accepts that it is search engines and not Pro Tech North who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the search engines and that a new website may never appear on search engines. Pro Tech North does not control search engine algorithms and huge shifts can appear daily, weekly and even hourly

21. Liability

Pro Tech North hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Pro Tech North to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Pro Tech North holds the rights to make changes to these Terms and Conditions at any time without notification to the Client. It’s the Clients responsibility to check these Conditions regularly.

Last updated: 30th April 2018

Website Management, Care Plans & Site Maintenance

Authorisation

You are engaging Pro Tech North, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Pro Tech North access and “write permissions” to all directories and files of your account with Pro Tech North Web Hosting or with any other third party hosting provider, as well as permission to install any necessary WordPress Plugins for maintenance and security.

Copyright

Pro Tech North does not assume any responsibility or liability for the content of the website it manages, maintains and/or hosts.

Pricing & Payments

All Prices appearing on this site are subject to change without notice. Once a client of Pro Tech North, you authorise Pro Tech North to charge the payment method you submitted for all the invoices generated for the services rendered by Pro Tech North. In order to cancel your recurring payments or change payment method, simply login to your account or contact Pro Tech North prior to your payments due date.

Cancellation & Refunds

Cancellation of any monthly recurring service can occur at anytime after your first 3 months (90 days) of service. No refunds are available after your purchased package or service has been started, unless otherwise specified in any authorised communications by Pro Tech North.

Refusal of Service

Pro Tech North reserves the right to refuse service to any individual, website or blogs that contains offensive, obscene, hateful, pornographic, malicious content or for any other reason.

Third Party Or Client Page Modification

With a WordPress based website, the client will be independently edit or update his or her web page after completion of the site, unless otherwise agreed upon in this agreement by the client and Pro Tech North. If anyone other than Pro Tech North or its subcontractors attempts to update the website and damages the design or impairs the ability for the website to display or function properly, time to repair the web pages will be assessed at an hourly rate of £20 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum charge.

Limitation of Liability; Disclaimer or Warranties

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

  1. Pro Tech North does not guarantee, represent, or warrant that the functions contained in these webpages or the website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error free.
  2. You expressly agree that your use of, or inability to use, the functions contained in these webpages or website is at your own risk. The functions of the webpages or website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with the client.
  3. To the extent not prohibited by law, in no event will Pro Tech North be liable to the client or any third party for any damages, including, but not limited to, any lost of profits, lost of savings, lost of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Pro Tech North has been advised of the possibility of such damages.
  4. Pro Tech North does not represent, guarantee or warrant that the functions contained in these webpages or website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Pro Tech North disclaims any liability related thereto.
  5. The laws of the United Kingdom govern this Work Statement Agreement without giving effect to its conflict if law provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Pro Tech North or relating in any way to your use of created webpages or website resides in the courts of the United Kingdom.

Included Hours

The agreed number of hours support will be provided at the start of the contact. Should the support the client requires need additional time dedicated to it in order to resolve website issues or complete the work, these will be billed at Pro Tech Norths hourly rate of £20 per hour by prior agreement. The client will always have the option to upgrade their support level if required. Unused hours cannot be carried forward to the next month.

E-Mail, Ticket & Telephone Support

All support packages include email, ticket, live chat and telephone support. We provide these methods of support so that we can offer our assistance in a way that suits the client. Details of emails, tickets, live chat and telephone support will be emailed to the client upon subscription to one of the Pro Tech North Care Plans. Pro Tech North cannot be held liable if one of these services suffers on outage beyond control.

Remote Access Support

If the clients support package includes remote access support, we will guide the client through granting Pro Tech North remote access to their desktop computer or laptop. This access is generated over a secure connection and each established connection can be used for one time only. Remote access support can only be used where the clients’ computer is compatible with the software used. Pro Tech North will not connect to the clients device without the client being present at the device, should the client have to leave for any reason the connection will be terminated.

Response Times

The time in which Pro Tech North will respond to clients’ requests for support depends on the support package that they have subscribed to. We will always endeavour to respond to request within the response time stated.

Website Backups

Where the client has a subscription that includes regular backups, Pro Tech North will backup the client’s website files, folders, images, documents and database ect. as determined by the services the client has subscribed to. All backups are stored remotely from the Client’s web hosting server.

Administrate Access

For clients on our Website Care Plans, we do not provide full administration access unless it is requested in writing to Pro tech North. Our Care Plans are designed in such a way that a Client requiring administrator access is very unlikely. In cases where we agree to give the Client full administrator access to their website, the Client must accept that Pro Tech North are no longer responsible or liable for the performance of the website, it’s operation or it’s speed. Should the Client make changes or install software that breaks or effects the performance of the website, for Pro Tech North to fix the website there will be a chargeable service fee and would remove any changes made by the Client or 3rd party.

Website Plugin Licenses

Where a Client is engaged in a Website Care Plan with Pro tech North, out developer licenses may cover any updates to plugins that we have installed on your website to provide functionality or management of your website unless stated otherwise in our proposal and/or contact with the Client. The Client may have purchased software licenses themselves, in which case they are responsible for the license renewal fees. In cases where we have applied our developer license to a piece of software on the Clients Website, it remains the property of Pro Tech North and under no circumstances, may it be used on any other website by the Client unless otherwise agreed. Once a Website Care Plan comes to an end, the Client will become responsive for software license renewal fee for plugins installed on their website by Pro Tech North.

Managed Hosting

When Pro Tech North provides managed hosting to a client as part of their Website Care Plan, we grant access to the hosting account but all requests for changes (e.g new email account, file upload) must be put in writing to Pro Tech North and we will then carry out the requests as part of the Care Plan. Should the Client make changes within the hosting environment, Pro Tech North are not liable for any changes made. If the Client’s changes causes issues Pro Tech North will charge a fee of £20 per hour to repair all issues.

Supply of Materials

The Client is to supply all materials and information required for Pro Tech North to complete the work in accordance with the Client’s request. Such materials may include, but are not limited to, photographs, text content, logos and other printed materials. Where the Client’s failure to supply such materials and leads to a delay in completion of the work, Pro Tech North has the right to extend the previously agreed deadlines for the completion of the work by a reasonable amount. Where the client’s failure to supply materials preventing progress on the work for more than 7 days, Pro Tech North has the right to invoice for any part or parts of the work already completed.

Right to Assign

Whiles the Client is a customer of Pro Tech North and has a existing Care Plan the Client must not assign work to a third party without prior written consent from Pro Tech North.
Should you transfer ownership of the website, or as part of a transfer of ownership of business then the new owners will need to come to a new agreement with Pro Tech North. Outstanding contact months are liable to the new owner and must be paid in full if cancelled within 7 days.

Advise and Consultancy

Any advice given in respect of software, hardware, programming, design, purchasing, hosting, training, upgrading, installing or any other advise, suggestion, recommendation or otherwise of any product or service provided by Pro Tech North of by a Third Party, whether introduced by Pro Tech North directly or indirectly is accepted by you as an option and such you agree that prior to acting on any of the aforementioned that you will first obtain professional advice. You further agree to indemnify Pro Tech North of all liability with regarding to any decision or action performed by you that may or may not be a direct or indirect result of any contact or dealing with us.
Our consultancy service and general advice is, by its nature, subjective. It is up to the client whether you decide to follow our ideas and suggestions. It is not possible and we do not guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.

Disclaimers

Third Parties

Pro Tech North can take no responsibility for services provided by third parties through us or otherwise.

Search Engine Listings

Pro Tech North does not guarantee listings on search engines and the client accepts that it is search engines and not Pro Tech North who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the search engines and that a new website may never appear on search engines. Pro Tech North does not control search engine algorithms and huge shifts can appear daily, weekly and even hourly.

Credit Link

A link to Pro Tech North will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of £100 will be applied. The Client also agrees that the website maintained by Pro Tech North for the Client may be presented in Pro Tech North’s portfolio.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Pro Tech North reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications may not be notified to the client, therefor the client is responsive for checking this terms on a regular basis.

Last updated 30th April 2018

Order Terms & Conditions

For Web Hosting and other related services

Any references to “we”, “us” and “our” refer to Pro Tech North and its registered office at Hill Street, Portsoy, AB45 2PL.

All services provided by Pro Tech North may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom laws or international treaties. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Pro Tech North from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to our servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software

hacker programs or archives

Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY. FAILURE TO REMOVE THE OFFENDING CONTENT WILL RESULT IN YOUR ACCOUNT BEING TERMINATED – NO REFUNDS WILL APPLY. ADDITIONALLY, PRO TECH NORTH WILL NOTIFY THE RELEVANT AUTHORITIES OF YOUR ACTIONS.

Domains

We are a Domain Reseller and as such may provide you with a domain name via our registered partners. Please be aware that by registering a .uk domain name, you are bound by Nominet’s Terms and Conditions http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

All domains are provisioned through our registrar partner. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full.

Both UK and non-UK domains are provisioned through third-party registrars.  Please note that the registrars may reject a registration if invalid information is provided at the time of order.  All TLDs and ccTLDs have differing validation requirements which are also subject to change.  As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email.  In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.

Domain Expiry

All domains are renewed on an annual basis, we will send out reminder emails in advance of their expiry. We will send the emails to the email address on the account, it is your responsibility to make sure the contact details are up to date. We take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at [email protected] or by raising a support ticket. Alternatively, you can set your domain to auto-renew, this can be managed through your client area. All domains will be billed in advance of expiry and renewed once payment is received. If you have set up an automatic payment, this will be done automatically.

If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please see our domain checker for renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name.

Bandwidth/Disk Space Usage

We operate an ‘unmetered’ service for bandwidth, meaning we do not actively limit your account on bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to upgrade to a bespoke solution and billed accordingly.

We provision very large disks for our shared platforms, but no physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. We would not charge for doing so and would always provide the information and tools necessary for you to operate your service. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.

Bots

We do not allow bots to be operated on our shared hosting servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Pro Tech North is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

By the Account Activation Date of each month, we shall deliver, via e-mail or post, an invoice in accordance with the applicable Service Fees for services to be rendered in the forthcoming month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. We do not record or store customer credit/debit card data, but you are able to set up recurring billing through our payment partners (currently PayPal) to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated.  Accounts suspended for non-payment are liable for termination without notice.

Please note that we accept payment by credit/debit card or PayPal only. Other payment methods such as bank transfer or cheque are not accepted as a method of payment.

Free Domain Name

We cover the cost of one .uk domain name with every hosting account billed annually. This domain is free for the life of the account. If you opt for a domain which is not a .uk (e.g. .com), this is not included in the price and will be charged for separately. Registered Charities can apply for a discounted .org domain by contacting [email protected] before ordering.

Please note that any customer cancelling their account within the first 6 months of service may, at our discretion be charged for fees we may have incurred in the registration of this domain name. Any such charges will not exceed the registration costs we incur. For a full list of charges please see our domain price list.

Money Back Guarantee & Refund Policy

We offer a 14 day money back guarantee. Refunds: If you have purchased services up-front for the year and have pre-paid for such services, refunds will be issued for any unused full month of the services, at your request. For instance, if your account is cancelled at any point during the one-year term, you will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Please note that we reserve the right not to refund any fees incurred by us in the registration of ‘free’ domains we have provided as part of the account. Any fees not refunded or billed to you by us will not exceed the registration costs we incur. For a full list of charges please see our domain price list.

Cancellation and Refunds

If you no longer wish to continue with your hosting, please submit a cancellation at least 14 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.

We DO NOT refund partial monthly fees to accounts.

We do not fund fees incurred in the purchase of domain names where the grace period has expired.  This is 5 days for non-UK domains and 10 days for UK domains.

Limitation of Liability

We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.

Data Backups

We take backups of all data related to your hosting account. However, it is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures, staff or user error and other events which may cause data loss.

Migration Assistance

If you are moving to us from another cPanel provider, we can assist with the migration by restoring any cPanel backups you upload to us via FTP. It is your responsibility to supply these backups. We will not log in to your old provider’s platform and perform the backups on your behalf. Any migrations from non-cPanel providers will not be performed by us and must be done by you. We provide a full guide on how to accomplish this and can assist if you have issues.

Customer Support

All support requests must be raised through the tickets system via our website. We can also provide support via telephone and e-mail if required but all requests must first be initiated through a support ticket. This helps us deal with your query more effectively and provides a clear history of all correspondence.

Violations

Violations of these policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we operate enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Pro  (examples include cPanel management and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.

Account Activation

By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

We offer a 99% service uptime guarantee, which is based on a 12-month rolling average across our entire platform and multiple clouds.  In the unlikely event that we fail to meet our obligations we will provide full and thorough explanations for any downtime.

Please note that from time to time, it will be necessary for us to perform essential maintenance or upgrades to our infrastructure.  In the event of such planned maintenance, we will provide advance notice, minimum 48 hours, so you can make necessary arrangements to contact your customers or suspend any service monitoring you may have in place for the period of the planned outage.  Where possible, such upgrades will be carried out overnight in the UK to minimise impact on customers.  Downtime incurred as a result of planned and notified maintenance will not be included in our downtime statistics. Emergency updates and maintenance may be carried out with less than 12 hours’ notice if for security or malware issues.

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, we offer our customers (also known as “Subscribers”) and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We respect that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using our services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that we do not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over our network and may reach a large number of people, including both our subscribers and non-subscribers, subscribers’ postings to the Internet may affect other subscribers and may affect our goodwill, business, reputation or operations. For these reasons, subscribers violate our policy and these terms when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Pro Tech North, but also because it can overload our network and disrupt service to our subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we will investigate and suspend the account that is sending spam and reserve the right to keep the account suspended until such time that the account no longer sends spam.

Audio/Video Streaming

Audio/Video Streaming is not hosting friendly. As such, we do not allow any streaming of audio or video content where the core files are hosted on our platform. Offending accounts will be suspended without noticed or terminated.

File Storage / Online Backups

We do not permit the use of our web hosting platforms for the storage of backup or archival data including large amounts of plugin cache data (we operate server-side caching as standard), mirror sites, storage of game data including flash games, personal multimedia content such as movies, music, photos or other media.  Your account and any sub-accounts may be used for genuine web hosting purposes only.  Any such content is not permitted and will be removed and any offending accounts suspended.

Clients using our Mail Hosting Platform may store personal data files including images, videos, documents, backups, archives or other related data. Illegal data including pornography, obscene speech, drugs and related data is not permitted to be stored on our network. Clients found storing such data will be terminated immediately without the possibility of refund. All offenders may also be reported to law enforcement agencies. Pro Tech North will also charge for removal of such data and all legal fees.

Pro Tech North holds the right to remove any data we believe is illegal, offensive or contains malware.

Services such as OwnCloud are not permitted on our shared hosting and accounts found to be utilising web space for such services will have their data removed and services suspended.

File Sharing Websites or Peer-to-peer media (including files) sharing or streaming

We do not permit the use of our platform for file sharing of any kind. This includes but is not limited to peer-to-peer file or media sharing, BitTorrent, Tor or other such forms of data transmission.

Obscene Speech or Materials

Using our network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material is prohibited. We are required by law to notify law enforcement agencies if we become aware of the presence of child pornography on or being transmitted through our network.

Defamatory or Abusive Language

Using our network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorised Access to Other Computers or Networks

Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Engaging in Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service (DDOS) attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Destructive activities include inviting, either directly or indirectly, an attack (such as a DDOS) against our platform. Such invitations include inviting third parties to attempt to compromise the security of our platform or knowingly participating in an external attack (such as a DDOS) which results in retaliatory action from a third-party.

Facilitation a Violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Usenet Groups

We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Phishing

We do not permit the hosting of any sites engaging in phishing, impersonating public institutions or private companies in an attempt to defraud members of the public. Any sites found in breach of this will be suspended or terminated without notice.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, publishing or threatening to publish private data and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. However, when we become aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, suspension or termination of hosting services, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action we deem appropriate.

We are also aware that many of our subscribers are themselves providers of Internet services, and that information reaching our facilities from those subscribers may have originated from a customer of the subscriber or from another third party. We do not require our subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of our subscribers. We reserve the right to directly take action against a customer of our subscribers. Also, we may take action against the our subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, we anticipate that subscribers who offer Internet services will cooperate with us in any corrective or preventive action that we deem necessary. Failure to cooperate with such corrective or preventive measures is a violation of our policy.

We will not intentionally monitor private electronic mail messages sent or receive by our subscribers, unless required to do so by law, governmental authority or when public safety is at stake. We may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, we may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request subject to Data Protection and other UK legislation. We assume no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, we may disclose subscriber information or information transmitted over our network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, we will never sell information to other services or outside companies.

We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate our policy. Finally, we wish to emphasise that, in accepting these terms and placing an order, subscribers indemnify Pro Tech North for any violation of the Service Agreement, law or Pro Tech North policy resulting in loss to Pro Tech North or the bringing of any claim against Pro Tech North by any third party. This means that, if we are sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against us, plus costs and reasonable legal and solicitors’ fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Pro Tech North and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected]

Complaints

We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at [email protected], including as much detail from the issue you have. We will acknowledge your complaint within 2 business day and aim to resolve any issues within 5 business days.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our hosting services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to out clients. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice, the full Terms and Conditions contained herein and our Privacy Policy. Your statutory Consumer Rights are unaffected.

Last Updated: 30th April 2018

Email Terms of Service (E TOS)

This Pro Tech North Email Terms of Service agreement (“Agreement”) is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of the Pro Tech North Email powered by SmarterMail (“Services”) Delivered, Hosted and Managed by Pro Tech North. In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy posted in the Legal section of Pro Tech North web site. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions and notices.

GENERAL USE STATEMENTS

Account Start-Up

You expressly understand that the Services require to be linked to a domain name to be operational. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights. When You purchase an Services subscription for a domain name not registered with Pro Tech North You have forty-eight (48) hours to confirm yourself to be the owner of the domain. If ownership is not asserted within these time frames, the newly purchased product will be cancelled with fifty (50) percent refund to Your Pro Tech North account balance. We may render assistance with the Services account start-up if a corresponding timely request is submitted to the Hosting – Pro Tech North Support department.

Usage Limitations and Account Provisions

You acknowledge that Pro Tech North may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on Pro Tech North servers. You agree that Pro Tech North is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that Pro Tech North retains the right to change these general including but not limited practices and limits at any time in accordance with the ‘Modification Terms’ section of this Agreement below.

Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.

Depending on the time of service Your account is limited in the outgoing emails to 500 emails per hour. We may decrease this limit, at Our sole discretion, if your account confidence should be confirmed. The following limits apply to additional services: Maximum number of calendar appointments 100,000; maximum number of tasks 10,000; maximum number of contacts in address book 100,000; maximum number of files in drive 100,000; maximum number of personal information manager attachments (i.e. tasks, appointments, etc.) 100,000.

Storage and Security

You are responsible for security of Your password. Pro Tech North will not change passwords to any account without proof of identification, which is satisfactory to Pro Tech North, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Pro Tech North will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Pro Tech North be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend, indemnify and hold harmless Pro Tech North from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Pro Tech North you should take all due precautions to provide any sensitive information over a secure communication channel.

At all times, You shall bear full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) ensure the security, confidentiality and integrity of Your email content transmitted through or stored on Pro Tech North servers; and (iii) ensure the confidentiality of Your password. Pro Tech North shall have no liability to You or any other person for Your use of Pro Tech North products and/or services in violation of these terms.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.

Pro Tech North shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Pro Tech North be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. Pro Tech North has no obligation to monitor the content transmitted via the Services.

Backups

Pro Tech North servers of Service are backed up daily and are stored for 7 days. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account content and information. If loss of data occurs due to an error of Pro Tech North, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, Pro Tech North may attempt to recover the data from the most recent archive for a £20.00 fee.

USER OBLIGATIONS AND PREVENTATIVE MEASURES

By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of “Netiquette”. We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this Pro Tech North Email Terms of Service agreement, along with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient method of communicating and conducting business.

1. Prohibited Activities

By using any Services, provided by Pro Tech North You agree not to misuse the Services. For example, you must not and must not attempt to:

  • Violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • Make, attempt or allow any unauthorized access to Pro Tech North web site, servers, Your own account or the account of any other customers of Pro Tech North.
  • Cause denial of service attacks, port scans or other endangering and invasive procedures against Pro Tech North servers and facilities or the servers and facilities of other network hosts or Internet users.
  • Upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • Engage in or to instigate actions that cause harm to Pro Tech North or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Pro Tech North reserves the right to refuse service to anyone upon Our discretion. Any material that in Pro Tech North judgment is either obscene or threatening is strictly prohibited and will be removed from Pro Tech North servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, Pro Tech North will take corrective action upon Our own discretion and will notify You. Our decision in such case is binding and final, and cannot be a subject of a further change. Pro Tech North cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Pro Tech North or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless You have taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. Pro Tech North will not be liable for any loss or damages in such cases.
  • Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
  • Probe, scan, or test the vulnerability of any system or network;
  • Breach or otherwise circumvent any security or authentication measures;
  • Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
  • Plant malware or otherwise use the Services to distribute malware;
  • Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • Publish anything that is fraudulent, misleading, or infringes another’s rights;
  • Promote or advertise products or services other than your own without appropriate authorization;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • Violate the law in any way, or to violate the privacy of others, or to defame others.

Normal operation and provision of the Services does not imply Pro Tech North interfering or monitoring of the content associated with the Services, but You acknowledge that Pro Tech North has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by Pro Tech North, in its sole discretion, to be otherwise objectionable.

2. Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003, The Privacy and Electronic Communications Regulations Act 2013 (PECR) and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Pro Tech North. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Pro Tech North prohibits the following activities listed without limitation hereunder:

  • Usage of the Pro Tech North network and systems to receive replies to unsolicited mass e-mail messages.
  • Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
  • Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • Forgery of e-mail headers (i.e. “spoofing”).
  • Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
  • Engagement in spamvertising or provision of any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities prohibited by this Agreement.

If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a £500 charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.

PAYMENT TERMS

1. Payment Cycle

Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, Pro Tech North will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current Pro Tech North rates.

2. Renewal Terms

All fees for the Services shall be in accordance with Pro Tech North fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.

Prior to the expiration date of the Services, You will have the option to renew Your subscription using Pro Tech North’s automated processing system. Pro Tech North will notify You several times that the Services are about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. Pro Tech North shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, Pro Tech North will try to renew Your Services 30 days prior to the renewal date and will take payment in accordance with the designated payment method at then current Pro Tech North rates.

3. Failed Renewal Fees and Service Restoration

If the outstanding balance is not paid by You within 30 days after the billing date of Your Service Pro Tech North reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service the outstanding balance is to be remitted in full. There will be a fee to reinstate accounts that have passed grace or redemption periods or been terminated.

Pro Tech North shall guarantee that the reinstated account data will be uncorrupted or reflect the latest changes as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.

For closed accounts there is a £15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

If You improperly charge back for the Services rendered, We may disable the ability to transfer any other Your Pro Tech North services away from Pro Tech North.

CANCELLATION AND REFUND TERMS

1. Termination Policy

The initial term of Your Agreement with Pro Tech North shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with Pro Tech North shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party.

This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support system at least thirty (30) days before the Service is due to renew; or (ii) by Pro Tech North at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Pro Tech North or could disrupt Pro Tech North business operations; or (iv) by Pro Tech North if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Pro Tech North.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that Pro Tech North may take control of any domain name associated with the terminated Services, provided such domain name was registered through Pro Tech North domain name registration.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Pro Tech North incurs in closing Your account. You agree to pay any and all costs incurred by Pro Tech North in enforcing Your compliance with this Section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Pro Tech North may delete all information related to You on the Services.

2. Refund Policy

The refund provisions are not applicable to purchases of the Services, See Pro Tech North Refund Policy for more information.

MODIFICATION TERMS

Pro Tech North reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes Pro Tech North may reasonably make to this Agreement when such changes are made. If You have purchased Services from Pro Tech North, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that Pro Tech North shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.

Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notification of Changes

Pro Tech North reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 1st May 2018

Pro Tech North Uptime Guarantee

Pro Tech North offers a monthly Uptime Guarantee (“Guarantee”) for the Hosted Services You purchase from Us. If We fail to meet this Guarantee, as solely determined by Us, due to an internal infrastructure or equipment failure, You will be eligible for a Service cycle prolongation for the time the Service was unreachable. The maximum Service cycle prolongation given may be one (1) month of free hosting. Downtime must be confirmed by a staff member of our Support Team.

Services Refund Breakdown

Depending on the type of the Service You use, different remedies may apply:

Shared Hosting, Email Hosting, VPS Accounts & Dedicated Server Accounts

A 99% monthly Guarantee covers all Shared, Email, VPS and Dedicated server accounts.

The seven (7) hours, i.e. 1%, of Service unavailability per month are not eligible.

If the Service has been up for less than 99% we’ll offer a 1-day Service cycle prolongation for each hour the server has been down below this limit.

For non-scheduled maintenance/downtime, we’ll offer a 1-day Service cycle prolongation for each hour of downtime experienced.

Mode of Refund

To claim a Service cycle prolongation You need to contact Us by submitting a ticket to Pro Tech North Billing department within the first 5 calendar days after the downtime took place.

Limitation

Any Service interruption deriving from failure or deficiency of Pro Tech North infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:

  • DDoS or similar attacks on Our servers.
  • Third-party software failure.
  • You are maxing Your resource container.
  • Issues resulting from errors or omissions by You.
  • Interruptions caused by You from custom scripting, coding or the installation of third-party applications.
  • Network conditions across the internet (outside of our network), such as between Your ISP and Our data centre.
  • Firewall blocks/bans.
  • Browser or DNS caching issues.
  • Outages related to the reliability of certain programming environments.
  • Any other circumstances beyond our control or that are not reasonably foreseeable.
  • Any act of God or force majeur which results in the failure of the service.

All remedies are at the discretion of Pro Tech North, based on its investigation of any issue that is covered by this section.

If Pro Tech North provides a remedy as described above, or Guarantee, for a particular Service, this shall be Your sole and exclusive remedy for defects in, or issues with, the Service. Pro Tech North shall not be liable for any consequential or indirect loss or damage caused by the failure of Service.

Headings

The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our hosting services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 1st May 2018

Domain Registration Agreement

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and the Company (as defined below), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here. “Company”, ”we”, “us” or “our” shall refer to Pro Tech North.  By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

1. Our Services

1.1 Your domain registration will be effective upon occurrence of all of the following:

1.2 You accept all terms and conditions of this Registration Agreement and the Company’s Terms of Service and its ancillary documents;

1.3 The Company accepts (in its sole discretion) your domain registration application;

1.4 The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and

1.5 The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

2. Limitation of Liability

You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. The Company will not be held liable, nor refund a domain name registration due to spelling errors/typos.

3. Multiple Domain Registrations

The Company, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

4. Fees

4.1 Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.

4.2 Reservation of right to modify fees. The Company reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.

4.3 Credit card charge-backs for domain registrations. In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. the Company also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your domain registration, subject to the Company’s receipt of the registration fee and any administrative and/or chargeback fees described above.

4.4 Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.

5. Required Domain Registration Information

5.1 Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):

5.1.1 The domain registrant’s name and postal address;

5.1.2 The domain being requested;

5.1.3 Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and

5.1.4 Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and

5.1.5 Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.

5.2 Additional registration information. In addition, in accordance with ICANN policies, the Company is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):

5.2.1 The original creation date of the domain registration;

5.2.2 The submission date and time of the registration to us and by us to the proper registry;

5.2.3 Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

5.2.4 Account records for your domain registration, including dates and amounts of all payments and refunds;

5.2.5 The IP addresses of the primary nameserver and any secondary nameservers for the domain;

5.2.6 The corresponding names of those nameservers;

5.2.7 The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;

5.2.8 The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;

5.2.9 The expiration date of the registration; and

5.2.10 Information regarding all other activity between you and us regarding your domain registration and related services.

5.3 Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc. & Nominet; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.

5.4 Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing your account area, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information or to contact the Company immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 01234 567890) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.

5.5 Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

5.6 Ownership of data. You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

5.7 Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

6. Domain Privacy Service

6.1 If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).

6.2 Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

6.3 The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

6.4 Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class UK postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the Company to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.

6.5 If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

6.6 Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.

6.7 The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:

6.7.1 To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

6.7.2 To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;

6.7.3 To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;

6.7.4 In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;

6.7.5 To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

6.7.6 To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

6.7.7 To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

6.8 Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

7. Domain Parking

7.1 Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.

7.2 In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.

7.3 The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company, in the Company’s sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

7.4 DNS Wildcard. In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

8. Registration Renewal

8.1 Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

8.2 You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

8.3 Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company’s automatic renewal process. The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and the Company shall not be liable for your failure.

8.4 Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).

8.5 New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

9. Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.

10. Change of Registrant of Domains

10.1 Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy, available at here.

10.2 We are required to deny a change of registrant for any of the following reasons:

10.2.1 The domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;

10.2.2 The change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or

10.2.3 The domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:

10.2.3.1 Uniform Domain-Name Dispute-Resolution Policy (UDRP);

10.2.3.2 Uniform Rapid Suspension (URS);

10.2.3.3 Registrar Transfer Dispute Resolution Policy;

10.2.3.4 Or a court order.

10.3 Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

10.4 Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

10.5 Designated Agent. You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy.

10.6 Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.

10.7 When changing the name of registrant within the Company, you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the Company’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.

10.8 Transfer of registration to or from another registrar. When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.

10.9 RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the Company. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy, available here.

10.10 For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy, available here.

11. Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

12. Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

13. Indemnification

13.1 Indemnification of the Company. You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. the Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.

13.2 Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc. & Nominet) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

13.3 These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

14. Warranty Disclaimer; Limitation of Liability

14.1 Disclaimer of warranty. The company makes no representations or warranties of any kind whatsoever, express or implied, in connection with this registration agreement or any of its services, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or non-infringement. Further, without any limitation to the foregoing, the company makes no representations or warranties of any kind whatsoever that registration or use of a domain under this registration agreement will prevent challenges to your domain registration, or from suspension, cancellation or transfer of any domain registered to you.

14.2 Limitation of liability. You agree that the company and the indemnified parties, as defined in section 12(a) of this registration agreement, will not be liable for any of the following: (a) suspension or loss of the domain registration in your name; (b) use of your domain registration by you or others, whether or not authorized by you to have such use; (c) interruption of business; (d) access delays, denial of service (dos) attacks or access interruptions to this site or the website(s) you access by the domain registered in your name; (e) data non-delivery, mis-delivery, corruption, destruction or other modification; (f) events beyond the company’s or any of such indemnified parties’ reasonable control; (g) the processing of your domain application; (h) any failures of encryption or other services provided; or (i) application of the dispute policy. The company and the indemnified parties also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the company or any of such indemnified parties has been advised of the possibility of such damages. In no event shall the company’s or any of such indemnified parties’ maximum aggregate liability exceed the total amount paid by you for registration of the domain that is at issue for the then-current period of registration.

15. Term and Termination

15.1 Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.

15.2 Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as the Company receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.

15.3 Termination. The Company reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.

15.4 Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.

16. Additional Terms

16.1 Personal Data. The Company incorporates its Privacy Policy by reference. Please read our Privacy Policy by clicking here. In addition, you hereby represent that you have provided the Company’s Privacy Policy to any person whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.

16.2 Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the United Kingdom Laws.

16.3 Notices. You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

16.4 Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

16.5 Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

16.6 Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company and/or without using the Company’s domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.

16.7 Intellectual property. Except for your Content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.

16.8 Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

17. Additional Registry Requirments

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by, which incorporates by reference, all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the TLDs in which you register any domain.

The registry policies for the TLD in which you wish to register a domain name, please click here.

18. Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

19. Notification of Changes

Pro Tech North reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and services will signify your acceptance of any adjustment to these terms.

You acknowledge and agree that the Company may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by Internet Corporation for Assigned Names and Numbers (“ICANN”) and/or the applicable registry administrators (“Registry Administrators”) for the top level domains (“TLD”) or country code top level domains (“ccTLD”).

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 4th May 2018

SSL Certificate Service Agreement

This SSL Certificates Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of SSL certificates (“Certificates”) and related services (“Services”) and serves to supplement the Registration Agreement (“Agreement”) between you on the one hand and Pro Tech North. In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer to Pro Tech North. This Services Agreement explains our obligations to you, and explains your obligations to us for SSL services offered by Pro Tech North. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Pro Tech North service(s) or products or to cancel your Pro Tech North service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.

Description of the Certificates

The following applies to Comodo InstantSSL, Comodo Multi-Domain SSL, Comodo Premium SSL Wildcard, Comodo EV SSL and Comodo EV Multi-Domain SSL Certificates only: The Certificate for which you have applied on behalf of your organization is a fully-authenticated certificate. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully-authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.

The following applies Comodo PositiveSSL, Comodo PositiveSSL Wildcard and Comodo PositiveSSL Multi-Domain Certificates only: The Certificate for which you have applied on behalf of your organization is not a fully-authenticated Certificate. These Certificates are issued to devices to provide validation of the domain; message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain and that the domain administrator has authorized the Certificate Application. No organization authentication is performed on the owner of the domain.

Use Restrictions

You are prohibited from using your Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate); and (iv) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.

Fees

As consideration for the Service(s) and renewal of the Service(s) you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, unless specifically provided for in the Pro Tech North Refund Policy.

Expiration and Renewal of Service(s)

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.

Revocation

Pro Tech North retains the right to revoke your Certificate at any time without notice if (i) Pro Tech North discovers that the information within your Certificate is no longer valid; (ii) you fail to perform your obligations under the terms of this Agreement; or (iii) in Pro Tech North’s sole discretion, you have engaged in activities which Pro Tech North determines are harmful.

Limitation of Liability

Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, SSL services, your use or inability to use our web site(s) or the materials and content of the web site(s) or any other web sites linked to such web site(s) or your provision of any personally identifiable information to backend service provider or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed, and the remainder shall be enforced to the greatest extent permitted by law.

Indemnity and Defense

With respect to ICANN, the registry operators, and Pro Tech North, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of the Agreements. Moreover, you agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Agreements, the web sites of the Service Providers, your Account, and/or your use of your Protected Domain.

Legal Age

You attest that you are of legal age to enter into this Services Agreement.

Final Agreement

This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

No Agency Relationship

Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

Waiver

The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Enforceability

In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Assignment and Resale

Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Pro Tech North, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Pro Tech North may immediately terminate this Services Agreement.

Headings

The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site and our hosting services will signify your acceptance of any adjustment to these terms.

Pro Tech North may change these terms without notice and notification to our clients. You are therefore advised to re-read this statement on a regular basis

Last Updated: 30th April 2018