Effective Date: April 2026
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FORMATION, APPLICATION AND PRECEDENCE
- These Terms and Conditions (the “Agreement”) shall govern and apply to all contracts for the supply of goods and/or services by IT Solutions Yorkshire Ltd (“ITSY”), a company incorporated in England and Wales with company number 15249071 and VAT registration number GB452955077, whose registered office is Europa House, 20 Esplanade, Scarborough, North Yorkshire, YO11 2AQ.
- A legally binding contract shall be formed between ITSY and the Client upon the earliest occurrence of any of the following events: the Client providing instructions (whether written, verbal, or electronic) to proceed; acceptance of any quotation; payment of any invoice; or receipt or use of any Services or Goods.
- These Terms shall apply to the exclusion of all other terms, including any terms the Client purports to apply, unless expressly agreed in writing by a director of ITSY.
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The Client acknowledges that the definitive and prevailing version of these Terms shall at all times be the version published at:
https://itsolutionsyorkshire.uk/general-terms-and-conditions/.
Any other copies are provided for convenience only. In the event of any discrepancy, the website version shall prevail. Continued use of Services constitutes acceptance of the latest published version.
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DEFINITIONS AND CLIENT STATUS
- “Services” means any IT services provided by ITSY, including support, consultancy, monitoring, hosting, cybersecurity, licensing, and infrastructure.
- “Goods” means any hardware, software, or physical items supplied.
- “Recurring Services” means any services billed on a periodic basis.
- “Due Date” means the date specified on an invoice for payment.
- “Consumer Client” means a person acting outside the course of business.
- “Business Client” means any client acting in the course of trade or profession.
- Unless otherwise agreed, all Clients shall be treated as Business Clients.
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NATURE OF SERVICES AND ACKNOWLEDGEMENT OF RISK
- The Client acknowledges that ITSY provides proactive, preventative, and reactive IT services designed to reduce risk but not eliminate it.
- ITSY does not guarantee uninterrupted operation, prevention of outages, data integrity, or immunity from cyber incidents.
- IT systems are inherently subject to failure due to hardware defects, software faults, user actions, malicious activity, and third-party dependencies.
- The Client acknowledges that the Services do not constitute insurance or a guarantee of business continuity.
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PROVISION OF SERVICES
- ITSY shall determine the method, tools, and processes used to deliver Services.
- ITSY may utilise subcontractors and third-party providers.
- The Client shall provide full cooperation, access, and accurate information.
- ITSY shall be entitled to rely on all Client-provided information without verification.
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CHARGES, BILLING AND PRORATION
- All Services are chargeable unless agreed otherwise.
- Labour is billed in minimum increments of one hour.
- Recurring Services are aligned to the first day of each calendar month.
- Services provisioned between the 1st and 27th are prorated; services provisioned from the 28th onwards are billed for the subsequent full month.
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Invoices are generated automatically at 09:00:
- Weekly labour: 4 days before Due Date
- Recurring Services: 10 days before Due Date
- Recurring Services are billed in advance and deemed accepted unless cancelled in accordance with Clause 7.
- Deposits may be required and are non-refundable unless required by law. Title to Goods remains with ITSY until payment is received in full.
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PAYMENT, ENFORCEMENT AND RECOVERY
- All invoices must be paid in full by the Due Date without deduction or set-off. Time for payment shall be of the essence.
- Internal Client processes shall not affect payment obligations.
- Late payments may incur administration fees, statutory interest, and recovery costs.
- Where payment remains outstanding 27 days after the Due Date, ITSY may suspend Services, restrict access, and take protective action.
- ITSY may charge for all administrative and technical work associated with escalation, suspension, and reinstatement.
- ITSY may refer debts to third-party collection agencies. The Client shall indemnify ITSY for all recovery costs.
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RENEWALS AND CANCELLATION
- Recurring Services renew automatically unless cancelled.
- Invoices are issued 10 days prior to renewal.
- Cancellation must be received prior to, but not including, the Due Date.
- The Due Date constitutes the point at which ITSY commits to suppliers.
- Cancellation on or after the Due Date shall be ineffective.
- No refunds or credits shall be issued following renewal.
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CLIENT RESPONSIBILITIES
- The Client is responsible for all system use, user actions, and security.
- The Client shall maintain appropriate security practices and credentials.
- Unless expressly agreed, the Client is solely responsible for backups and data integrity.
- ITSY shall not be liable for consequences arising from Client actions or omissions.
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THIRD-PARTY SERVICES
- ITSY shall have no liability for failures of third-party systems, suppliers, or infrastructure.
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LIMITATION OF LIABILITY
- Nothing in this Agreement shall exclude liability for death, personal injury, fraud, or any matter which cannot legally be excluded.
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Subject to the above, ITSY shall not be liable for:
- loss of profit
- loss of business
- loss of revenue
- loss or corruption of data
- indirect or consequential loss
- ITSY’s total liability shall be limited to fees paid in the preceding 12 months.
- In the case of Consumer Clients, liability shall be limited to foreseeable loss only.
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INDEMNITY
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The Client shall indemnify ITSY against all claims, liabilities, and losses arising from:
- misuse of systems
- failure to follow advice
- unauthorised access
- third-party failures
- security incidents not caused by ITSY negligence
- This indemnity shall not apply where loss is directly caused by ITSY’s negligence.
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The Client shall indemnify ITSY against all claims, liabilities, and losses arising from:
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CYBER RISK, DATA AND BACKUP LIABILITY
- The Client acknowledges that all systems are subject to cyber risk.
- ITSY does not guarantee prevention of cyber incidents.
- ITSY shall not be liable for cyber-related losses unless directly caused by proven negligence.
- Where backup services are provided, ITSY does not guarantee restoration success.
- The Client is responsible for verifying backups.
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CONSUMER RIGHTS
- Nothing in this Agreement shall affect statutory rights under the Consumer Rights Act 2015.
- Consumer Clients may cancel within 14 days unless services have commenced.
- Where services begin within the cooling-off period, cancellation rights may be lost.
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FORCE MAJEURE
- ITSY shall not be liable for failure or delay due to events beyond its control.
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DATA PROTECTION
- ITSY complies with UK GDPR. The Client remains responsible for its data unless otherwise agreed.
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INTELLECTUAL PROPERTY
- All deliverables remain ITSY property until paid in full.
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NON-RELIANCE
- The Client acknowledges it has not relied on any representation not contained within this Agreement.
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RECORDS AND EVIDENCE
- ITSY’s system logs, records, and support data shall constitute prima facie evidence of work undertaken and system status.
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REASONABLENESS
- The parties agree that these Terms are reasonable under UCTA 1977.
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GOVERNING LAW
- This Agreement is governed by the laws of England and Wales.
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AMENDMENTS
- ITSY may amend these Terms at any time. The website version takes immediate effect.
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ENTIRE AGREEMENT
- This Agreement constitutes the entire agreement between the parties.