Terms of Service Agreement (TOS)

This document describes the services offered by PCSmart Group and associated trading names, hereby referred to as "supplier", associated charges, prohibited uses
and proceduers. Client is defined as an individual, business or organisation with an active service with the supplier.

The Supplier

* The supplier provides a range of internet-based services including Web Hosting, Virtual Servers and Dedicated Servers accessed via TCP/UDP.

* All data stored on a client's account or service, remains the sole responsibility of the client and will be held liable for any costs incurred from over-use or misuse.

* The supplier reserves the right to delete, without prior warning, any files which voilate the below terms.

* The supplier reserves the right to modify, suspend or terminate products/services at their discretion.

Bandwidth Charges

Bandwidth or Monthly Transfer is defined as the amount of data recieved or transmitted through the supplier's network to a specific product or service measured over the period of 1 calendar month.

Should a product or service exceed it's bandwidth quota, the client will be required to pay overage fees. Overage is charged at £0.25 Per 1GB.

The supplier may choose to waive overage fees at their discretion, upto a maximum of 150GB on the first incident reported by a client.

Acceptable Use

Client's are NOT permitted to use any of the supplier's products, services, or websites to:

* Send unsolicited or bulk email, otherwise known as "SPAM”. Any mailing lists transmitted from the supplier's network must be "Opt-In" and include clear, working unsubscription information on each message, without exception.

* Access, or attempt to access any system or network resource to which the client is unauthorized.

* Store, distribute or link to material to which the client is unauthorized. Examples include but are not limited to, Copyrighted Multimedia, Pirated or "Nulled" software.

* Participate, comitt or attempt involvement in any malicious attack against another computer. Examples include but are not limited to Botnets, Bruteforcing, DDoS.

* Distribute malware. Examples include but are not limited to worms, trojans, viruses, keyloggers.

* Access or host IRC servers and/or clients, without prior notification to the supplier.

* Host, download or engage in peer-to-peer activities. Examples include but are not limited to Bittorrent, Limewire, eMule, Kazaa, WinMX

* Provide free hosting services, with the exception of friends, family or sponsorship of a local charity or organisation.

* Provide a public proxy, personal proxies with password protection are permitted.

* Be rude, abusive or threatening towards the suppliers staff. Such activity is instant grounds for account closure.

Billing

All billing is provided via a secure online portal at https://billing.pcsmartgroup.com where authentication is forced over an encrypted SSL connection. The supplier's billing system complies with the relavent PCI DSS data security standards with regular audits carried out by McAfee Secure.

The supplier accepts payments via PayPal, Google Checkout and Credit/Debit cards only. Clients on a contract with the supplier may also use Bank Transfer.

The supplier generates and notifies clients of invoices 14 days before they are due, and requires payment on or before the due date as specified on the invoice. If payment is not recieved, the associated products and/or services will be automatically suspended immediatley after the invoice becomes overdue.

If a client is unable to make a payment for reasons beyond their control e.g. Sickness, Holiday, Family issue they are encouraged to send a brief messge to the supplier to add an exception and avoid suspension of associated services.

The supplier will cancel services if no payment or contact is recieved from the client within 10 days after an invoice is due. All data on the associated services including backups will be destroyed.

In exceptional circumstances the supplier reserves the right to involve a debt collection agency, who will recover any owed funds from a client on their behalf.

Cancellation

The supplier requires 24 hours notice on cancellations for all products and services, with the exception of Dedicated Servers which require 7 days. The time periods specified for cancellation are before the renewal date.

Examples:

If a Web Hosting account, Virtual Private Server or Server Management Contract is due on 30/03/13, a cancellation request must be recieved no later than 29/03/13.
If a Dedicated server is due on 30/03/13, a cancellation request must be recieved no later than 27/03/13.

The supplier will only accept cancellation requests submitted through the billing portal at https://billing.pcsmartgroup.com

To request cancellatation, a client must login, select "My Products/Services", select the product and use the "Request Cancellation" button at the bottom of that page. Once a cancellation request has been recieved, a confirmation email will be sent to the client's registered address.

Cancellation requests sent by Live Chat, Windows Live Messenger, Google Talk, Twitter, Facebook, Linkedin will not be accepted.

7 Day Money Back Guarantee

The supplier provides a 7 day money back guarantee with Web Hosting and Virtual Private Servers, this does not include the suppliers Dedicated Server or Server Management products.

Payment Reversal, chargebacks and disputes

The supplier reserves the right to terminate any product or service without notice should the supplier recieve notification and confirmation that a client's payments have been reversed, disputed or charged back.

In the first instance, the supplier will contact the client and attempt to resolve the matter. If this issue cannot be resolved in a timely manner, or if the supplier recieves multiple payment disputes, the client's services may be terminated and all data destroyed without backups.

CPU & Server Resource Utilization

The supplier reserves the right to suspend and/or refuse service to those who consume excessive CPU and/or Memory on Web Hosting, Reseller Hosting and Virtual Private Server services which is affecting the suppliers availability to deliver service to other clients.

Backups, data integrity and availability

The supplier agrees to use their reasonable endevaours to ensure the availability of their services and integrity of client data, including backups on specific services as defined on the service discription.

The supplier will not be held responsible for any damages, losses or interruption of business caused by corruption or loss of data, or the integrity of its backups. Clients are encouraged to take their own backups and contact the supplier for local and offsite backup options.