The terms that govern your use of ServerExperte's website, client portal and services. Please read them carefully.
These Terms of Service ("Terms") govern your access to and use of the ServerExperte website, client portal and the professional services we provide (together, the "Services"). By creating an account, placing an order, or using any of our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation.
ServerExperte provides managed IT and security services, including cyber security and monitoring, incident response and rescue, and data recovery. A detailed description of each service is available on our website. Any written proposal, statement of work or service description we provide forms part of the agreement between us, and where there is a conflict, the specific proposal prevails over these general Terms.
To use certain parts of our Services, you must create an account and provide accurate, complete and up-to-date information. You are responsible for safeguarding the credentials for your account and for all activity that occurs under it. You must notify us immediately of any unauthorised use of your account. Orders are accepted only when we confirm them in writing; until then they remain an offer.
Fees for our Services are set out in our proposal, statement of work or current price list. Unless otherwise agreed, invoices are payable within the period stated on the invoice. Late payment may result in suspension of Services until payment is received. All fees are exclusive of any taxes unless stated otherwise; you are responsible for applicable taxes.
Your use of the Services and this portal must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. In particular, our Services must not be used for any unlawful purpose.
We process personal data in accordance with our Privacy Policy and, where we process personal data on your behalf in delivering Services, we act as a processor in accordance with applicable law and any data processing agreement we enter into with you.
All intellectual property in our methodologies, tools, reports, documentation and the portal remains owned by us or our licensors. We grant you a non-exclusive, non-transferable licence to use deliverables produced for you solely for your own business purposes. You retain ownership of your data and the rights you hold in it.
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and to use it only to perform its obligations under these Terms. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law. We may disclose relevant information to our subcontractors and advisors who are bound by equivalent confidentiality obligations.
We perform Services with reasonable skill and care. Data recovery and incident response involve inherent technical risk, and we cannot guarantee a particular outcome; fees for such services are typically based on effort or on success. To the fullest extent permitted by law, our total liability arising out of or in connection with these Terms and the Services, whether in contract, tort (including negligence) or otherwise, shall not exceed the fees paid or payable by you for the Services giving rise to the claim. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited by law.
We offer emergency response for urgent incidents. An emergency service request should be raised through our published emergency contact route. Unless expressly agreed, engaging our emergency service does not create any priority over other clients and response times are not guaranteed, but we will use all reasonable efforts to respond promptly.
Either party may terminate a specific Services agreement by written notice in accordance with the notice period in the relevant proposal, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice. We may suspend access to the portal or Services if we reasonably believe it is necessary to protect our systems, our other clients, or to comply with law. Termination does not affect accrued rights, and provisions intended to survive termination (including confidentiality, limitation of liability and governing law) continue in force.
We may update these Terms from time to time. The current version will always be available on this page, and where changes are material we will notify account holders by email or an announcement. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising under them.
If you have any questions about these Terms, please contact us via our support portal or by email at legal@serverexperte.net.
