The terms and conditions governing the use of our website and the provision of our IT services.
Please read these Terms of Service carefully before using our website or engaging our services. By accessing our website or entering into a service agreement with us, you agree to be bound by these terms. If you do not agree, please do not use our website or services.
These Terms of Service ("Terms") govern the use of the website at dmcitsolutions.co.uk and the provision of IT services by:
DMC IT Solutions Ltd
Registered in England & Wales
Registered Office: 128 City Road, London, EC1V 2NX
Email: [email protected]
Phone: 01253 835174
These Terms apply to all visitors to our website and to all clients who engage our services. They should be read alongside our Privacy Policy.
In these Terms, the following definitions apply:
3.1 We provide a range of IT services as detailed on our website. The specific scope of services provided to any client will be set out in a written proposal, quote, or service agreement.
3.2 We reserve the right to modify, update or discontinue any service at any time. Where a service you are subscribed to is being discontinued, we will provide reasonable notice.
3.3 We will use reasonable skill and care in providing our services and will aim to meet any timescales agreed. However, timescales are estimates only unless expressly stated as binding in writing.
3.4 We may engage subcontractors to assist in delivering our services. We remain responsible for the quality of work delivered under any agreement.
4.1 An agreement between us and a client is formed when we provide a written quote or proposal and the client accepts it in writing (including by email) or makes payment.
4.2 Any variations to an agreed scope of work must be agreed in writing by both parties. We reserve the right to charge additional fees for work outside the agreed scope.
4.3 Quotes are valid for 30 days from the date of issue unless otherwise stated.
4.4 We reserve the right to decline any enquiry or order at our sole discretion.
5.1 Our fees are as set out in any agreed quote, proposal or service agreement. All prices are quoted exclusive of VAT unless otherwise stated. VAT will be charged at the applicable UK rate.
5.2 Unless otherwise agreed in writing, payment terms are as follows:
5.3 We reserve the right to charge interest on overdue invoices at a rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5.4 We reserve the right to suspend services where payment is overdue by more than 14 days, following written notice to the client.
5.5 Fees for ongoing services (such as hosting or managed server plans) may be reviewed annually. We will provide at least 30 days' written notice of any price changes.
6.1 To enable us to deliver our services effectively, clients agree to:
6.2 We are not responsible for delays or failures caused by a client's failure to fulfil their obligations under these Terms or any project agreement.
7.1 Where we provide hosting or server infrastructure, you agree not to use our services to:
7.2 Breach of this acceptable use policy may result in immediate suspension or termination of services without refund.
8.1 Client-owned materials — any content, data, images or materials supplied by you to us remain your property. You grant us a licence to use them solely for the purpose of delivering the agreed services.
8.2 Deliverables — upon receipt of full payment, we assign to you all intellectual property rights in any bespoke deliverables created specifically for you under an agreement, including website designs and custom code.
8.3 Pre-existing materials — we retain all intellectual property in our pre-existing tools, frameworks, libraries, methodologies and know-how. Where these are incorporated into deliverables, we grant you a non-exclusive, royalty-free, perpetual licence to use them for the purposes for which the deliverable was created.
8.4 Our website — all content on this website, including text, graphics and code, is the property of DMC IT Solutions Ltd and protected by UK copyright law. You may not reproduce, distribute or create derivative works without our prior written consent.
9.1 Each party agrees to keep confidential any Confidential Information of the other party and not to disclose it to any third party without prior written consent, except as required by law.
9.2 Confidential Information does not include information that: (a) is or becomes publicly available other than through breach of this clause; (b) was already known to the receiving party prior to disclosure; or (c) is independently developed by the receiving party without reference to the Confidential Information.
9.3 This obligation of confidentiality survives the termination or expiry of any agreement between us.
10.1 Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any matter where it would be unlawful to exclude or limit liability.
10.2 Subject to clause 10.1, our total aggregate liability to you under or in connection with any agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
10.3 We shall not be liable to you for any: loss of profits; loss of revenue; loss of data; loss of business or contracts; indirect or consequential loss; or business interruption losses, even if we have been advised of the possibility of such losses.
10.4 We do not guarantee uninterrupted or error-free operation of any service, though we will use commercially reasonable efforts to maintain service availability in line with any SLA agreed in writing.
10.5 We are not responsible for the actions of third-party providers (such as domain registrars, upstream network providers or cloud infrastructure providers) where these affect service availability or performance.
11.1 Either party may terminate an ongoing service agreement by providing at least 30 days' written notice, unless a different notice period is specified in the relevant service agreement.
11.2 We may terminate or suspend any service immediately upon written notice if:
11.3 Upon termination, all amounts outstanding become immediately payable. We will provide reasonable assistance with migration of your data or services subject to payment of our reasonable costs in doing so.
11.4 Termination does not affect any rights or remedies that have accrued prior to termination.
12.1 If a dispute arises between us, we encourage you to contact us in the first instance so that we can attempt to resolve the matter informally.
12.2 If the dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation before resorting to litigation.
12.3 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.
Entire agreement — These Terms, together with any written service agreement or proposal, constitute the entire agreement between us relating to their subject matter and supersede all prior representations, agreements and understandings.
Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver — Failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
Force majeure — Neither party shall be in breach of these Terms for any failure or delay caused by circumstances beyond their reasonable control, including acts of God, pandemic, power failure, internet disruption or government action.
Assignment — You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor business.
Notices — Any formal notice under these Terms must be in writing and sent by email or first-class post to the registered addresses of the relevant party.
If you have any questions about these Terms, please contact us:
DMC IT Solutions Ltd
128 City Road, London, EC1V 2NX
Email: [email protected]
Phone: 01253 835174