Terms & Conditions for our services

Last Updated 13/04/2022

1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Disking International Ltd, located at Unit 10 Beaver Industrial Estate, Liphook, Hampshire, GU30 7EU United Kingdom (we, us), concerning your access to and use of the Disking International Ltd (https://diskingsupport.com) website as well as any related applications (the Site).

The Site provides the following services: Information Technology & Web Services. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7 Additional policies which also apply include:
Supply of Goods & Services Agreement, which sets out how we supply our products & services. By using our services & products, you’re agreeing to this agreement. This of which can be found at the bottom of the page.

Our Privacy Notice https://diskingsupport.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy https://diskingsupport.com/privacy-policy/, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy. Our Cookie Policy https://automattic.com/cookies/, which sets out information about the cookies on the
Site.

2. Acceptable Use
2.1 Our full Acceptable Use Policy https://diskingsupport.com/privacy-policy/, sets out all the permitted uses and prohibited uses of this site.

2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2.3 As a user of this Site, you agree not to:

Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
Use a buying agent or purchasing agent to make purchases on the Site
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
Attempt to impersonate another user or person, or use the username of another user
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give positive feedback to users
Misrepresent experience, skills, or information about a User
Advertise products or services not intended by us
Using services hosted with us to cause harm or damage to another system, person or service
Falsely implying a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at support@disking.co.uk.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.

4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy https://diskingsupport.com/privacy-policy/.

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

4.7 If you wish to complain about User Content uploaded by other users please contact us at support@disking.co.uk or use the take down or report button.

5. Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on is accurate, complete or up to date.

6. Site Management
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

7. Modifications to and availability of the Site
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8. Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions, all warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

8.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Site/Services; or
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
General:

We will not be held responsible for damage or attacks to a specific site hosted with us. If your site is hacked or accessed by unauthorised personnel, we will hold no responsibility.

We improve our system security everyday however if the issue is caused by the customer/owner of the site due to either a weak or no password or poor security features implemented on the site, we do not hold any responsibility but will help in restoring your site to its best known time through our backups.

9. Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@diskingsupport.com

9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and

Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. General
10.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

10.4 We may assign any or all of our rights and obligations to others at any time.

10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

10.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforce-ability of any remaining provisions.

10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

10.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link https://ec.europa.eu/odr

10.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

10.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

10.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@disking.co.uk or by post to:

Disking International Ltd

Unit 10 Beaver Industrial Estaate

Liphook, Hampshire, United Kingdom (UK) GU30 7EU

11. Payments & Invoicing
After an invoice has been sent, you have up to 2 weeks for to send the payment. You will be reminded after 1 week of an overdue payment.

If the invoice period comes to an end after 2 weeks, your service will be put on hold. This means your service is still running, however all contact to it will be blocked. For example, if you have a WordPress hosting plan, your site will be put on hold and your domain will be forwarded to our overdue payment page. One this page, your visitors will understand why they cannot see your site. There is also a contact form of which the website owner can fill in to get more information why their site is being held & get a response back from one of our support team members. If you have an infrastructure hosting plan, your infrastructure will continue to run but internet access will be blocked, meaning you or your business wont be able to access anything on there.

After 1 month of no contact, your service or plan will be cancelled. Every week up to this point, an email will be sent to the owner of the service explaining why their service will be being cancelled. However, your site service such as website or infrastructure will be exported and can be retrieved with a small fee ranging between £20 & £200. This export will be held for one year, and then deleted after that time.

We take payments & invoicing very seriously and will not be haggled in our services. If you have a problem or question upon our pricing, please email support@disking.co.uk and we will be happy to be in contact.

12. Early Contract or Service Termination

Three months notice is required to terminate a service or contract earlier than agreed. This includes cancellation on renewal. It is the customers responsibility to inform us of an early contract termination request.

Disking International Ltd hold to right to cancel and/or terminate any contract at any time during the contract period.

13. Invoicing, Cancellation & Refunding of Website Design
We offer strict cancellation & refund rules for our Website Design services.

We also require full upfront payment before building any website. This means the invoice must have nothing outstanding before processing your request. We will NOT tolerate haggling or alternative payments. Full upfront payment via Stripe or BACS must be taken.

If you request to cancel your Website Design service, we will process your request. However, refunding is limited. Depending on how much work is carried out, you will be entitled to a very limited refund. This is due to time wasting & irresponsibility. We will work out how much time was spent on creating your website & decide whether you’re entitled to a refund.

Cancelling your hosting fee will follow section 12 of our Terms & Conditions. Please see above

14. Payment Terms

Invoices will be sent accordingly with the service contract. Payment is required within 7 days of the due date set on the invoice or contract. Where possible, invoices will be sent in advance to give the customer more notice to pay the required invoice. Late payment may result in an additional late payment fee of £15/week over the due payment date.

15. Minimum Term of Service Agreement

All service agreements & contracts require a minimum of 12 months unless described elsewhere. 

16. Service Level Agreement

We guarantee to respond to any request within 48 hours. This includes the request being made by email, telephone, or support ticket. 

Our Fast-Track or Fast-Track Plus callout & repair services guarantee to be responded to within 24 hours.

Support & Working Hours: Monday to Friday 9am-5pm.

17. Additional Charges

Additional charges for services are stated on contracts which include:

• Collection & Return of Hardware
• Callouts
• Advertised Additional Services including ones listed on our website https://diskingsupport.com
• Additional Fuel Charge for outside of agreed 12-mile radius from our head office based at GU30 7EU.
• Hardware & Onsite Installations

18. Client Responsibility

It is the customer’s responsibility to provide diagnostic descriptions & reports of the escalated issue as accurately as they can. Any information provided that is not accurate may delay the issue being resolved. Further costs may be required at £49.99 inc VAT/30 minutes of additional labour outside of the agreed time frame to resolve the issue.

Contracted devices must not have any major changes to their software or hardware without notification to us. Any changes that we are not notified about may void services on that device. 

It is the customer’s responsibility to ensure good upkeep of their device. We will provide software services including remote monitoring, health checks, and antivirus to ensure the customer’s device is performing as expected. However physical care and maintenance must be done by the customer.

We provide no hardware warranty with supplied or supported equipment and cannot be held responsible for any faults.

19. Service Request Escalation

When the support requests made via telephone, email, or ticket is received, this is when the SLA of 48 hours starts. We guarantee to begin the diagnostic of the described issue and aim to resolve the request as soon as possible.

20. Service Quality

We aim to provide the highest standard of service and we frequently check staffs communications & services to ensure this. Any instance of poor quality of service must be brought to our attention and notified to the department manager/company director. Meetings & discussions can be held to discuss the above or any other information that can be provided to help improve our services.

Disking International Ltd cannot be held for any liability such as a data loss, hardware damage or loss, business or potential profit loss. While we aim to resolve all service requests, we cannot guarantee repairs or fixes inside the time frame given due to possible further issues and miss or unprovided information that may delay the diagnostic or repair time. 

21. Insurance

Disking International Ltd has Public/Products Liability insurance of up to £5 million.

Disking International Ltd has Employers Liability insurance of up to £10 million.

22. Supply of Goods & Services Agreement

All support packages are for 12 months unless stated on the contract, and have a cancellation period of 90 days by either party.

Antivirus, Management & Monitoring software is installed automatically at the start of any contract on the contracted devices. Currently, we use NinjaRMM & ESET Endpoint Security as these products.

Hardware support translates to continuous working state

Remote support involves the use of software which we install on the contracted device to allow us to remote in and manage the device remotely.

Telephone support & email support indicates the means by which we communicate.

Our definition of a working week is Monday to Friday, 8am to 5pm, excluding public & bank holidays.

Our normal response time is 8 working hours, unless stated otherwise.

Response times are not indicative of repair times.

Where direct replacement parts are no longer available, we will endeavor to use the nearest equivalents.

Regular Data backup and monitoring, is solely the responsibility of the customer, irrespective of who supplied or configured the equipment. Power outages/interruptions are beyond the bounds of any technical support howsoever caused, and so we always recommend clients have UPS installations on their devices, to prevent data loss. Modems, NAS drives, and routers are not covered for storm damage. Where possible we shall attempt fault rectification by telephone and/or remote access.

We reserve the right to remove items to our workshops for repair when necessary and charge excess mileage at £0.5 per mile, for any journeys outside a 5-mile radius from any Disking premises.

All methods of Technical support are covered by our fair usage clause, which limits ‘limited’ support to a nominal 30 minutes per month and undefined support to four hours per month.

23. Methods of Support

We deserve the right to provide IT support by any of the following methods, however they must be included int he Technical Support Contract, for them to be available:

• Email & Ticket Support
• Telephone Support
• Remote Assistance
• Remote Monitoring & Management
• Discounted On-site Engineer Visits
• Collecting, repairing & returning offending products.

24. Time Allowance & Fair Usage

Fully managed, Technical Support contracts, have built-in time allowances for one engineer/hour (on-site visit) per PC per year, to be used every 12-month anniversary of the contract term. This is for an annual health assessment when required, however, does not include the initial sign-up assessment, which is estimated as £25 ex VAT per workstation. On-site labour over and above this inclusive allowance, will be charged at the discounted rate, as per our price list. Response times will be within 4 hours when possible, There are no set limits for remote, telephone, or email support, save for the fair usage clause.

The Fully Managed TSC with MS Office 365, for business – includes the full office suite, with outlook and the one drive for business with synchronisation between accounts.

There is a proviso in relation to the level of telephone support provided freely with this contract. ln general, no more than t hour of telephone support in a rolling 4-week period is considered fair usage per user covered, unless it’s a fully managed Technical Support Contract. We would therefore reserve the right to charge for such additional telephone support over and above this at our discounted rate as per our price list.

All additional and ‘out of contract’ labor, will be invoiced on a pay-as-you-go basis. All such invoices need to be settled within 7 days from the date of paperwork, preferably by BACS transferor Credit/Debit card. Failure to pay outstanding invoices within this 7-day period will result in initial support services being withheld, until such funds are cleared.

When possible, Disking will always inform you of any charges in addition to the agreed maintenance contract pricing, prior to carrying out any additional work and maintenance.