Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the website operated by IT INFINITY ("Company," "we," "us," or "our") at www.itinfinity.co.uk and all related services provided by IT INFINITY.

By accessing our website and using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.

2. Definitions

• "Services" refers to all IT services, digital imaging solutions, cloud backup services, phone systems, broadband services, and utility management services provided by IT INFINITY.
• "Client" or "You" refers to the dental practice or individual using our services.
• "Website" refers to www.itinfinity.co.uk and all associated web pages.

3. Use of Our Services

3.1 Service Eligibility

Our services are available only to users who can form legally binding contracts under applicable law. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your account details and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

3.3 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:

• In any way that violates any applicable laws or regulations.
• To transmit or facilitate the transmission of any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services.
• To attempt to gain unauthorized access to any portion of our services, systems, or networks.

4. Service Agreements and Contracts

4.1 Service Level Agreements

All IT managed services, cloud services, and technical support services provided by IT INFINITY are subject to our Service Level Agreements (SLAs), which outline specific terms, conditions, response times, and service commitments. These SLAs form an integral part of our Terms of Service.

4.2 Contract Duration

The duration of service contracts will be specified in the individual service agreements signed with IT INFINITY. Unless otherwise stated, managed service contracts typically have an initial term of 12 months and automatically renew for successive periods unless terminated according to the procedures outlined in Section 10.

4.3 Changes to Services

IT INFINITY reserves the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of any material changes to services that might affect your business operations.

5. Fees and Payment

5.1 Fee Structure

Fees for our services are specified in the service agreements or quotes provided to you. All fees are quoted in British Pounds (GBP) and are exclusive of VAT unless otherwise stated.

5.2 Payment Terms

Payment terms are specified in your service agreement. Unless otherwise agreed in writing, standard payment terms require payment within 30 days of invoice date. Payments not received by the due date may result in service suspension.

5.3 Fee Changes

IT INFINITY reserves the right to change fees for services with 30 days' notice. If you do not agree to the fee changes, you may terminate your service agreement according to the termination provisions outlined in Section 10.

5.4 Refunds

Refund policies vary by service type and are detailed in specific service agreements. In general, recurring service fees are non-refundable once the service period has commenced.

6. Intellectual Property Rights

6.1 Ownership

IT INFINITY retains all right, title, and interest in and to our services, including all related intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features without our prior written consent.

6.2 Client Content

You retain all rights to any content you submit, post, or display on or through our services. By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such content solely for the purpose of providing our services to you.

6.3 Feedback

If you provide feedback, ideas, or suggestions regarding our services ("Feedback"), you acknowledge that such Feedback is not confidential and that we may use it without restriction and without obligation to you.

7. Data Backup and Security

7.1 Data Protection

IT INFINITY implements and maintains reasonable administrative, physical, and technical safeguards designed to protect the confidentiality, security, and integrity of your data. Our data protection practices comply with applicable data protection laws, including GDPR.

7.2 Backup Services

If you subscribe to our backup services, we will perform backups according to the schedule and specifications outlined in your service agreement. While we strive to ensure the integrity of backups, you acknowledge that no backup system is 100% reliable and you should maintain your own independent backup of critical data.

7.3 Data Recovery

In the event of data loss, we will make reasonable efforts to recover your data from available backups. Recovery time objectives (RTOs) and recovery point objectives (RPOs) will be specified in your service agreement.

7.4 Client Responsibilities

You are responsible for maintaining the confidentiality of your access credentials, ensuring the accuracy of your data, and complying with all applicable data protection laws regarding personal data you collect or process using our services.

8. Limitation of Liability

8.1 Service Availability

IT INFINITY will make reasonable efforts to ensure our services are available and functional. However, we do not guarantee that our services will be uninterrupted, timely, secure, or error-free.

8.2 Disclaimer of Warranties

To the maximum extent permitted by law, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.3 Limitation of Liability

To the maximum extent permitted by law, IT INFINITY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use our services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from our services;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services; or
• Any errors or omissions in any content or data or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services.

8.4 Cap on Liability

In no event shall our total liability to you for all claims exceed the amount paid by you to IT INFINITY for services during the twelve (12) months preceding the date on which the claim arose.

9. Indemnification

You agree to indemnify, defend, and hold harmless IT INFINITY and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your violation of these Terms;
• Your content or data;
• Your use of our services; or
• Your violation of any rights of another person or entity.

10. Termination

10.1 Termination by Client

You may terminate your service agreement with IT INFINITY by providing written notice according to the notice period specified in your service agreement. Standard notice periods are 30 days for monthly contracts and 90 days for annual contracts.

10.2 Termination by IT INFINITY

IT INFINITY may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms;
• Non-payment of fees;
• Upon request by law enforcement or government agencies;
• Discontinuation or material modification of our services; or
• Unexpected technical or security issues.

10.3 Effects of Termination

Upon termination:

• Your right to use our services will immediately cease;
• We may delete or archive your data according to our data retention policies;
• You remain liable for all fees incurred up to the date of termination; and
• Sections 6, 8, 9, 11, and any other provisions that by their nature should survive termination shall survive termination.

10.4 Data Return

Upon termination and subject to payment of any outstanding fees, we will provide you with a reasonable opportunity to retrieve your data from our systems. Data return methods and formats will be determined by IT INFINITY at its discretion.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or our services shall be instituted exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

12. Changes to These Terms

IT INFINITY reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes through our website or direct communication to you. Your continued use of our services following the posting of any changes to these Terms constitutes acceptance of those changes.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Contact Us

If you have any questions or concerns about these Terms or our services, please contact us at:

IT INFINITY LIMITED
Email: legal@itinfinity.co.uk
Phone: 01622 230 841