Terms of Service: Apex IT Services

Please read the following terms and conditions of service before using Apex IT Services.

This web site and the company, Apex IT Services is operated from Tyne Mills, Hexham, Northumberland, NE46 1XL and is a trading name of Apex International Trading LTD, 12 Green Rising, Ovington, Northumberland, NE42 6DX. Tel. 01661 611 203. If you have any queries about this website or the service it provides, please contact us at the above address or email [email protected]

The followings Terms of Service are subject to copyright and are reserved for the sole use of Apex IT Services (the company).

The Company provides all items and services on the following Conditions which can be varied only in writing by an Officer of the Company.

1. CHANGES TO TERMS

The company reserves the right to update, change or replace any part of to the terms of service, to the Statement Of Work or to the Tariff. The company will, as far as reasonably practicable, notify the customer in writing within 21 days prior to any significant change that the change will be made. The customer is responsible for periodically checking for any changes to the terms of service as continued use of the website or service following any change to the terms is considered by the company an acceptance of those changes.

2. THE COMPANY’S OBLIGATIONS

The duty of the company is only to the customer and not to any third party or representative of the customer. Any services provided by the company or any advice given can only be relied upon by the customer and not by any other party. A customer is recognised as the individual or business to which an apexit.uk account belongs to or anyone who has paid for or agreed to pay for services.
The responsibility of any service starts when the customer creates an account, when an account has been created for the customer or when the customer has been acquired from another business and ends when the account is closed or when the company becomes aware of any grounds to close the account.
The company will provide its services with reasonable skill and care. Unless advance notice is given within reasonable time, with sufficient warning and with a sufficient amount of detail, no particular special treatment or precautions for the service need to be taken by the company.
The company reserves the right to refuse to provide it's service to the customer for any reason and without obligation to disclose the reason to the customer.

3. UNDERTAKINGS OF THE CUSTOMER

It is a condition of the contract that the customer must warrant, represent and undertake the terms and policies of the service. By using the services provided by the company, the customer is agreeing to it's terms.
The customer warrants that they are at least 18 years of age or older.
The customer understands that they are the sole account holder and are therefore responsible for the membership account.
Information given by the customer shall be correct and up to date at all times. Any documentation or information which the company may reasonably request relevant to the services it provides will be provided by the customer within a reasonable time.
The customer will comply with any reasonable requirements of the company relating to administering their membership account and their data, handling of documentation, providing information relevant to the company's duties and managing data.
The customer must consider the possibility that the service provided by the company may become unavailable and must prepare itself for such an eventuality and protect itself against any losses which may arise.
The customer agrees not to misuse the service, bring the company into any dispute or jeopardy, undertake any activity which may result in penalties, fines, claims or damages against the company or infringe (either knowingly or incorrectly) on any of the company's rights.

4. THE COMPANY'S LIABILITY

While the company will maintain reasonable efforts to provide a service availability of 99.9%, the company shall accept no liability for any loss encountered by the customer as a result of any period of unavailability either directly or indirectly.
The targeted availability of 99.9% excludes planned or emergency maintenance and conditions beyond the company's control, however arising.
The company accepts no responsibility for any degradation of performance, slow connectivity, lack of connection or low usability of it's service, nor does it accept responsibility for the outcome of any user error.
Should the company provide a refund for it's service, provide a good will gesture, credit the customer's account or make any sort of money transfer to the customer, it is not done so to accept any liability and should not be interpreted as an acceptance of liability.
The customer agrees that the company shall not be liable for any delay, loss, damage or costs as a result of any inaccurate information provided by the company, any information published incorrectly on the site or platform or any delay, suspension of service or longer than expected turnaround time with respect to the services carried out by the company. This includes (but not limited to) loss of earning, loss of business, loss of data or loss of usability or any indirect, special, exemplary, punitive, incidental or consequential damages.
The customer agrees that the company shall not be liable in any event that a 3rd party whom the company relies upon to provide it's service becomes unavailable either wholly or partially.
In the event off any claim, the company's liability is limited only to the amount paid for the provision of it's service to the customer for the affected period.
The company is released of its obligations to the customer without notice in the case of any loss the company encounters that is contributed by the customer or if the customer is in breach of their obligations.

5. CHARGES AND PAYMENTS

The customer must pay for any service in full upon initial order before the service will be provided.
The customer understands and agrees to the terms and fees detailed in any quote or invoice it has received.
The company is entitled to payment without prejudice to any other right or remedy for its services except where it is agreed to by an officer of the company and detail is provided with sufficient warning, charges will be paid in full without deductions or periodic installments. The company reserves the right to remove credit privileges form the customer and therefore any balance will be due in full.
Interest and fees may be payable on money overdue to the company. All applicable fees and interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Where overdue money is payable to or claimed by the company, services and duties which the company is contracted to provide will be suspended. Any data or assets held by the company during a suspension period will be retained and only released upon full payment.
During any period of suspension, the company will continue to charge the customer for it's service unless otherwise agreed upon in writing with an officer of the company.
The company reserves the right of particular and general lien over hardware, software and data pending any overdue charge payable by the customer. For any hardware under lien or where the company is required to retain assets, storage fees will be charged at the rate detailed in notice to the customer.

6. MEMBERSHIP

To use the service provided by the company, the customer is required to register or have previously registered an apexit.uk account and therefore maintain an activate a membership subscription. The company agrees to provide its service to the customer only if the account is active with a membership subscription or if the company has reserved an account and maintains it for the customer.
When creating the account, the customer must provide accurate and up to date information in full. In some cases, the customer may be required to provide payment details in order to active an account subscription. The company's use and retention of such payment details are subject to the privacy policy.
Whether free or paid for, a membership term starts on the day of which the customer creates an apexit.uk account and lasts for the duration of one policy term and will automatically renew at the end of the term unless the customer gives 7 days notice to cancel the membership or unless the company becomes aware of any reason to cancel the membership subject to section 12.
The customer agrees to pay the applicable membership fee each term proportional to holding an active apexit.uk account. If a recurring payment plan has been entered into, the customer agrees that payments will be processed automatically and may stop only if notice is given in writing to the company to cancel the membership or if a subscription is terminated by the customer within the customer account portal.
A subscription fee is owed from the day on which the subscription is created or renewed. If the company does not receive payment for the subscription before the end of the subscription term, the company holds the right to cancel the subscription and close the account. Any unpaid subscription fee will be owed to the company.

7. COMMUNICATION POLICY

All communication made and received by the company is monitored and held on record for as long as the company deems it necessary.
The company may contact the customer by phone, email or snail mail for matters related to the service using only the phone number, email address or snail mail address provided by the customer when creating the membership account. The customer must inform the company once any of the preceding contact details are subject to an update or otherwise need to be changed and the customer must always remain reachable using any of the contact details provided.
As a security precaution, the customer is permitted to email the company using only the email address connected to the relevant membership account. Emails from any other address will be considered to be a security risk and disregarded.
The customer may correspond by phone by calling any of the phone numbers provided by the company. The customer will be expected to pass a security test when calling in order to proceed with any enquiry. Where the customer wishes to correspond directly with an account manager, calling and text messaging is permitted, however calls are subject to normal security checks and text messages may not be met with a response.
The customer is not permitted to correspond with any member of the company using mobile/desktop apps, text messaging, instant messaging or direct messaging through social media platforms unless it has been agreed to by an officer of the company or unless it is responding to marketing material.
Any communication (including any notice given under these terms) will be deemed not to have been received unless written in English.
During the term of service and for a period of 12 months following the termination of service, the customer may not directly or indirectly solicit or seek to employ or otherwise engage with any employee or contractor under frequent employment without written permission from the company prior to any such engagement except where such engagement is a formal enquiry or the result of a formal enquiry such as a response to an advertisement.
The company will not tolerate any acts of intentionally offensive, aggressive, hostile, intimidating, harassing, distressing or otherwise abusive behavior by the customer or any of it’s affiliates or assigns inflicted on any of members of the company or any of its other customers.

8. SUSSPENSION OF SERVICE

The company reserves the right to suspend it's service to the customer either temporarily or permanently under any of the following conditions and without prejudice and without notice:

On the occurrence of maintenance, either scheduled or unscheduled.
Once the company becomes aware of any unpaid fees owed by the customer or any unpaid amount under the agreement.
If the resources used by the customer exceed what the company considers to be reasonable and fair. The company will consider what is determined as reasonable and fair at it's own discretion and that such a suspension is necessary to prevent against a negative impact on the service it provides to it's other clients.
Should any 3rd party service which the company relies upon become suspended or unavailable.
If the company becomes aware of any reason or requirement given by the customer to suspend the service in writing or otherwise.
If the company has identified any software running on it's servers that is poorly maintained, is excessively buggy or if any storage space or directory that the customer occupies contains a virus or any other malicious programs.

9. SERVER CONTENT

The customer agrees that it is solely responsible for updating and maintaining it's own website(s), software service and any files, content, databases or any information or materials which it is the owner of or which is hosted by the company, either publicly or privately.
It is the responsibility of the customer to undertake measures in order to prevent loss or damage to data and to perform it's own backups or to make independent archival copies of server content and files. The hosting services, unless otherwise arranged by an officer of the company, are not intended to be used as a redundant storage archive and the company does not permit it's services to be used as such, neither does it permit the customer to manage data within the hosting environment which may function as an archive or backup server.
The company does not guarantee that the service will be compatible with any files or software used by the customer or that any results obtained by any use of the service will be complete and accurate.
The customer is permitted only to install and manage data or software which it owns or has the right to use or is licensed to use (and is up to date on applicable license fees) and which does not infringe on any intellectual property rights.
The company's service must not be used for any of the following: a) Hosting scripts that allow for anonymous user upload; b) Storage of content for display/publication on websites that are not hosted on the company's servers; c) Content used for commercial banner ad rotation; d) Mirror scripts which allow for anonymous file downloads; e) Commercial audio or video streaming; f) mass mailing scripts or one-click mail servers which allow the user to send one email to multiple recipients; g) Any SMS gateway; h) Bittorrent trackers; i) any script that puts what the company considers as an abnormal load onto it's hosting infrastructure. The company will consider what is determined as abnormal at it's own discretion
Websites, emails and any other server content must not consist of any illegal or restricted material, data which may be used in the pursuit of illegal activities or any data which may put the company or any of it's officers or employees at risk of prosecution nor should any drive space usage by the client present any risk to the stability, performance or uptime of the company's servers and network infrastructure.
The customer acknowledges and agrees that the company has unlimited access to client's server content and that it performs regular audits under this section of the agreement.

10. DOMAINS

The customer acknowledges that the company is not a domain registrar and that it provides any domain to the customer acting as a reseller. If the customer has reserved or registered a domain with the company or transferred a domain to the company from a registrar or if the company has taken ownership of a domain name through the process of acquiring the customer, that domain becomes subject to this agreement and the company's policies. The agreement to register a domain name is between the customer and the company and not between the customer and any registrar the company chooses to sponsor.
The customer agrees to pay the company any applicable fees to regiater or reserve a domain, renew a domain, transfer-in a domain or to transfer-out a domain. Under this section, expired domains may be subject to additional charges. Should a domain expire due to unpaid fees, the customer agrees that it will lose all rights to the domain. All fees propotional to domains are non-refundable.
Any domain registered by the company for the customer must not directly or indirectly, to the best of the customer's knowledge, infringe on any trademark, business name, IP or legal rights of any third party and that the domain is not being registered for any unlawful purpose.
The customer is responsible for paying an annual renewal fee for each domain that the company has registered unless it gives the company notice in writing within 7 days of the domain's expiry date that it does not wish to renew the registration. If notice is not received before the domain's expiry, the company may automatically renew the domain and therefore will be subject to a renewal fee. The customer is responsible for knowing the expiry date of each of it's domains as indicated by the whois data.
The company will make reasonable efforts to automatically renew any domain it has registered for the customer unless it has received notice by the customer not to renew it. Renewal of a domain is not guaranteed by the company and it does not accept any liability for loss in any event that a domain is not automatically renewed upon expiry. Once a domain is renewed, it is not subject to any refund policy.
In the event that a domain's registration expires and the customer does not immediately (within 7 days) give us notice to re-register the domain and pay a renewal fee, it agrees that it looses all rights to the domain and that the company may retain it or sell or transfer it to a 3rd party.
Should the customer wish to register a domain on it's own terms and with it's own registrar, it agrees to point the domain to the company’s nameserver or IP address via a proxi server in order to minimize risk to the company, it's assets, infrastructure and the experience and security of it's other customers.
The customer agrees that in the event that one of it's domain names is challenged by a 3rd party, it (the customer) becomes the subject of a domain name dispute and will be subject to the provisions and dispute policy specified by the company's chosen registrar at the time of the dispute. The customer agrees that in the event of a domain name dispute, it will indemnify and hold the company harmless and not liable pursuant to the dispute and any terms contained in any dispute policy.
The company reserves the right to change it's chosen registrar without any notice to the customer and to transfer any domain between registrars as it deems necessary. Such a change will be reflected in the domain's whois data. Upon such a transfer, the company relies upon factors beyond it's control (including but not limited to DNS record propagation and ICANN transfer procedure) and so does not accept any liability for downtime or loss as a result of any complications or delays during the transfer.
With respect to any domain registered by the company, it does not intend to license the use of any domain to a 3rd party and does not permit the domain to be pointed to another hosting service unless otherwise agreed upon by an officer of the company.
The company reserves the right to refuse to register or reserve any domain for any reason at any time.
Domain name resistration and the agreement under this section is proportional to the term of 1 calendar year. The customer agrees that any domain cannot be transfered to another registrar within 90 days of registration or renewal or if the domain has expired.

11. DATA AND CONFIDENTIALITY

Both the company and the customer will conduct themselves in accordance with the General Data Protection Regulations and other applicable protective legislation including the Data Protection Act 2018. Unless otherwise agreed, the company will be a data controller only with respect to the customer as a data subject. The customer will be the controller of personal data or data belonging to the customer only with respect to it's customers.
The company may use data supplied by or on behalf of the customer for purposes appropriate to the performance of the company’s obligations, the exercise of the company’s rights or for business planning by the company. The company may share data with a subcontractor for the provision of the company’s services to the customer and with any government authority where appropriate. The company may share the details of any new business enquiry with alternative service providers within the companies affiliate network in order to help source a suitable solution for the enquirer.
Subject to the provisions of this clause and applicable legislation, the company and the customer shall each keep confidential information or data supplied by or on behalf of the other which is expressed to be confidential or which is of such a nature that it should clearly be regarded as confidential by a reasonable person.

12. TERMINATION

The company reserves the right to terminate the service and therefore this agreement at any time. In such a case, the customer will be provided with written notice and termination may be effective immediately.
Convenient termination may take place at any time during the membership term subject to 7 days prior written notice to the company. If the end of the notice period falls within a term period, termination of the service will be effective at the end of the term.
Effective termination of this contract may occur without prejudice to any rights or remedies within these terms or otherwise and without prior notice once the company becomes aware of (a) any incident in which the customer has failed to correct a breach of its obligations within 30 days of after receiving notice of the material breach; (b) the initiation of bankruptcy, reorganization, liquidation or insolvency proceedings or if the customer has such proceedings initiated against it; (c) any attempt or intention the customer may make to sell any part of it’s business, sold it’s business, makes an assignment for the benefit of it’s creditors or appoints or consents to the appointment of a trustee; (d) any data breach or security breach caused by the customer or any breach of confidentiality; [e) any loss or action that may lead to loss caused by the customer; (f) the customer’s failure to conform to the terms of this contract as detailed in section 3.1; (g) any reasonable grounds that trust and confidence no longer exist between both parties.
In the event of termination of the provision of service under these terms for any reason, the customer agrees to cease immediately in it’s use of the service and to pay or arrange to pay, without unreasonable delay, any outstanding charges and arrears. The company agrees to hold hardware and data following effective termination so that they are identifiable as belonging to the customer or a nominee of the customer for the purpose of removal from the data facility by appropriate appointment during office hours so long as no lien is held by the company for a period of 30 days. The customer must arrange removal and carriage of all hardware or data at its own expense, failure to do so will result in the disposal of the assets.

13. GENERAL

“Writing” includes electronic communication such as email.
Each exclusion or limitation of liability in these Conditions exists separately and cumulatively.
Delay or failure by either party to enforce its rights shall not be a waiver of them.
The company does not agree to undertake any tasks that fall outside the scope of these terms of contract unless agreed to in writing by an officer of the company or a manager who reports directly to an officer.
The terms in this agreement exclude any terms and conditions which the customer seeks to impose.
While the company has no formal complaints procedure in place, both parties shall use reasonable endeavors to negotiate and reach a resolution to any dispute arising between them.
Nothing in these terms shall be considered or construed as the creation of a joint venture or partnership between the parties or as constituting either party as an agent for the other for any purpose. No party shall have the authority to bind a contract in the name of the other party or to create liability against the other party in any way.
If the customer makes a false statement as part of any claim or notice it will be liable for penalties pursuant to damages or loss arising from the statement.

DEFIITIONS

The Company: Directors, officers, employees, contractors or licensors or Apex IT Services and Apex International Trading LTD

The Customer: The ApexFBA.com account holder.

The Data Facility: The premises in which the company carries out it's services to the customer.

Fees: Charges and rates as defines in the tariff or on the company's website.

Hardware: The assets (including any associated documents and packaging materials) which belong to the customer to which the company has been trusted with.

Loss: Without limitations is theft, destruction, damage, shrinkage, contamination, deterioration, delay, or fraud as a result of action whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative.