Last updated: October 23, 2024

1. Introduction
This Terms and Conditions Agreement (the “Agreement”) governs the provision of server management, hosting, technical support, and consultancy services (collectively, the “Services”) provided by WebserverGB (“Company,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”). By engaging our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.

2. Services Provided
WebserverGB offers comprehensive server management and consultancy services, including but not limited to:

• Server setup, configuration, and deployment
• Ongoing server monitoring, maintenance, and performance optimization
• Security management and backup solutions
• Technical support and expert consultancy
  The exact scope and specifications of the Services will be detailed in the service proposal or separate service agreement provided to you.

3. Client Obligations and Responsibilities

• Provision of Information: You agree to provide accurate and complete information necessary for us to deliver the Services effectively.
• Access and Security: You are responsible for maintaining the confidentiality and security of any access credentials provided to us.
• Compliance: You shall comply with all applicable laws, regulations, and third-party terms while using our Services.
• Third-Party Dependencies: You acknowledge that certain aspects of the Services may involve third-party products or services, and you agree to adhere to any related requirements.

4. Fees, Billing, and Payment

• Service Fees: The fees for our Services will be outlined in your service agreement or invoice.
• Payment Terms: Payments are due within [insert number] days from the date of the invoice unless otherwise agreed in writing.
• Late Payments: Late payments may incur additional charges or interest as specified in your agreement.
• Refunds: Fees paid are non-refundable unless otherwise stated in your service agreement.

5. Service Levels and Performance

• Availability: While we strive to deliver high-quality, reliable Services, we do not guarantee uninterrupted or error-free performance. Scheduled maintenance or unforeseen technical issues may occasionally interrupt service availability.
• Support: We will provide technical support and consultancy in a timely manner; however, response times may vary based on the nature and complexity of the issue.
• Service Level Agreements (SLA): Specific performance metrics, if applicable, will be outlined in a separate SLA.

6. Intellectual Property

• Company IP: All intellectual property rights in our proprietary software, tools, and methodologies used in delivering the Services remain the exclusive property of WebserverGB.
• Client Data: You retain ownership of all data and content provided to us. By using our Services, you grant us a limited, non-exclusive license to process and store your data solely for the purpose of delivering the Services.

7. Confidentiality

• Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the term of this Agreement.
• Confidential information shall not be shared with third parties without prior written consent, except as required by law.

8. Warranties and Disclaimers

• Performance Warranty: We warrant that the Services will be provided in a professional and workmanlike manner in accordance with industry standards.
• Disclaimer: Except as expressly provided in this Agreement, all warranties—whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose—are disclaimed.
• No Guarantee of Uptime: While we work to ensure optimal performance, WebserverGB does not guarantee uninterrupted service or specific uptime levels unless explicitly provided for in an SLA.

9. Limitation of Liability

• Aggregate Liability: In the aggregate, WebserverGB’s liability for any claims arising out of or related to this Agreement shall not exceed the total fees paid by you for the Services during the twelve (12) months preceding the claim.
• Exclusion of Damages: Under no circumstances shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, even if advised of the possibility of such damages.

10. Indemnification
You agree to indemnify, defend, and hold harmless WebserverGB, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Any breach of this Agreement
• Any violation of applicable laws or third-party rights

11. Term and Termination

• Term: This Agreement shall commence on the Effective Date and continue until terminated as provided herein or by a separate service agreement.
• Termination for Convenience: Either party may terminate this Agreement by providing [insert number] days’ written notice to the other party.
• Termination for Cause: WebserverGB reserves the right to terminate the Services immediately if you fail to comply with the terms of this Agreement, including non-payment or any conduct that compromises the security or integrity of our systems.
• Effect of Termination: Upon termination, you shall pay for all Services rendered up to the termination date, and any licenses or rights granted under this Agreement shall immediately terminate.

12. Force Majeure
WebserverGB shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, or other unforeseen circumstances.

13. Governing Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction].
• Dispute Resolution: Any disputes arising out of or related to this Agreement shall be resolved through good-faith negotiations. If unresolved, disputes will be submitted to binding arbitration or, if necessary, to the courts located in [Your Jurisdiction], as mutually agreed upon by the parties.

14. Amendments
WebserverGB reserves the right to modify these Terms and Conditions at any time. Any amendments will be effective immediately upon posting the updated terms on our website or communicating them directly to you. Your continued use of our Services constitutes acceptance of the revised terms.

15. Entire Agreement
This Agreement, along with any related service proposals, SLAs, or service agreements, constitutes the entire agreement between you and WebserverGB regarding the provision of the Services and supersedes all prior agreements, understandings, or communications, whether written or oral.

16. Contact Information
For any questions or concerns regarding this Agreement, please contact us at:
Email: info@webservergb.uk
Postal Address: Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom