Service Terms

IT Pro Expert – Terms and Conditions of Service

This document outlines the terms and conditions (“Terms”) governing the services provided by “IT Pro Expert” to you (“the Client”). Placing an order for goods or services constitutes a binding agreement and your acceptance of these Terms.

1.0 Definitions

1.1. “IT Pro Expert”: An IT service provider operating in the United Kingdom. “We,” “Us,” and “Our” refer to IT Pro Expert, including any third-party providers or subcontractors acting on our behalf. 1.2. “Client”: Any individual, company, or entity engaging the services of IT Pro Expert. “You” and “Your” refer to the Client. 1.3. “Devices”: Any tangible item, including but not limited to computers, laptops, printers, hard drives, solid-state memory, USB sticks, monitors, mobile phones, servers, networking hardware, and accessories. 1.4. “Data”: Any information stored electronically on any Device, whether personal or business-related. 1.5. “Software”: Any computer or mobile program, application, or firmware that is managed, installed, removed, or modified by Us. 1.6. “Services”: Any support, repair, consultation, project work, or other service provided to the Client by IT Pro Expert.

2.0 Order Acceptance and Payment Terms

2.1. Binding Agreement: Any order for goods or services placed via email, phone, or text message is considered a binding agreement by the Client to provide payment. 2.2. Pre-Payment: All services and goods must be pre-paid unless an alternative arrangement is agreed upon in writing. Standard appointments not paid for at least one (1) full working day in advance will be automatically cancelled. 2.3. Invoicing: Any post-payment invoices must be settled on the day of issue or, by prior arrangement, within a maximum of seven (7) days. 2.4. Late Payments: Late payments will result in an immediate cessation of services. For contract clients, services will be terminated within five (5) working days of the payment due date. A reconnection fee of 25% of the contract value will be required to re-enable services. 2.5. Right to Suspend and Recover in Case of Non-Payment or Insolvency: In the event of non-payment, or if the Client enters into administration, receivership, or liquidation, IT Pro Expert reserves the right to take immediate action. This includes, but is not limited to: a) Suspending all Services, including access to any managed accounts (e.g., Microsoft 365, web hosting, domain administration). b) Placing any of the Client’s equipment under our physical or remote administrative control. c) Asserting a lien on any of the Client’s equipment in our possession until full payment is made. d) Pursuing all available legal remedies to recover the outstanding debt, including any legal and collection costs. 2.6. Title of Goods: All goods, hardware, and software provided by IT Pro Expert remain Our property until full, cleared payment is received. 2.7. Quotations: Service and contract quotations are valid for seven (7) days. Quotations for devices, parts, or any third-party goods are valid for two (2) days due to market fluctuations. 2.8. Cancellations and Returns: Client cancellation of orders is refundable at Our discretion. Goods that are no longer required can only be refunded if the supplier allows for returns and may be subject to a restocking and handling fee of 5% to 25%.

3.0 Client Obligations and Responsibilities

3.1. Security and GDPR Compliance: The Client must adhere to good business security guidelines as required by GDPR and our ability to maintain a secure network environment. This includes, but is not limited to:

  • Using a managed, business-grade anti-virus and strict DNS protection on systems/routers.
  • Using complex passwords stored in an approved password manager.
  • Enabling Two-Factor Authentication (2FA) and/or Passkeys on all possible services.
  • Ensuring Windows Updates are allowed to install.
  • Using a business-grade IPS/IDS Firewall and secure Wi-Fi infrastructure.
  • Ensuring staff reboot all computers at least weekly.
  • Security scans should be requested by the company owner to aid in compliance.
  • Staff should undergo IT training and have “Company IT & Security Policy” signed.
  • Not to have any non IT support authorised software, browsers, browser extensions, remote support or VPN software installed.
  • Staff should also comply with the computer use policy. 3.2. Data Backup: The Client is solely responsible for ensuring their data is backed up. Backup services are not included in any standard service or contract. We can manage and maintain a backup solution (including ransomware protection) at the Client’s expense, but we are not liable for data loss resulting from faulty backup services and as the result of an incident where the client didn’t ensure a working backup was in place prior to any work on their system was started. Critical data should always have multiple, independent backup solutions across different platforms. 3.3. Third-Party Account Security: For services like Domain Name Registration or Microsoft 365, We will ensure they are registered to the Client’s company. The Client is responsible for all payments to these third-party services and for securing these accounts. Access should be limited to a maximum of two security-trained staff members, and 2FA must be enabled. 3.4. Notification of Changes: Contract clients must notify IT Pro Expert of any additional staff or devices requiring support within seven (7) days so the contract can be adjusted accordingly. 3.5. Equipment and Information: The client agrees to provide necessary access to equipment and information required for IT Pro Expert to perform its services.

4.0 Service Delivery, Scope, and Support

4.1. Appointments: On-site or remote appointments are scheduled as morning, afternoon, or evening slots. A specific time is an estimate, and our arrival may be up to 90 minutes before or after this time. On-site visits are billed hourly, with travel beyond an 8-mile radius contributing to the billable time. 4.2. Appointment Cancellation: Appointments cancelled or rescheduled by the Client within one (1) working day of the scheduled time will be billed in full at standard hourly rates. 4.3. Support Requests and Timings: Support requests are prioritised. Our agreed response times for contract customers are as follows:

  • Emergency (Major operational failure): 0-1 hour response.
  • Urgent (Critical user affected): 0-3 hour response.
  • High (Same-day solution needed): 3 hours to 1 working day.
  • Standard: 1 to 3 working days.
  • Low Priority: 3 to 7 working days. 4.4. Scope of Standard Service Contracts: Standard service contracts are designed to provide comprehensive remote support for the Client’s existing IT infrastructure. 4.4.1. Included Services (Remote Support)
  • Central IT Management: Acting as a central contact point for IT services.
  • Server & Cloud: Management, diagnostics, and repairs for Windows, Linux Server, and Microsoft 365 environments.
  • Core Infrastructure: Administration of Domain Name Registry, DNS, Website Monitoring, Email, and WiFi/Network Security.
  • Operating Systems: Functionality, operation, repair, and diagnostics for Windows 7, 10, and 11.
  • Hardware Diagnostics: Remote diagnosis of PC hardware issues, including RAM, drives, cooling, display, power supplies, and motherboards.
  • Network Diagnostics: Troubleshooting local PC connectivity, WiFi, LAN, 4G/5G, and routers.
  • Software Support: Ensuring the correct functioning of the following installed software:
    • Microsoft: Default Windows applications, Microsoft Office 365 suite.
    • Adobe: All Creative Cloud applications.
    • Anti-Virus: Managed solutions such as ThreatDown/Malwarebytes, ESET, etc.
    • Utilities: Archival tools, Browsers, and VPN connectivity.
  • Printer Support: Troubleshooting connectivity and driver-related issues.
  • System Updates: Management of system driver and Windows update issues. 4.4.2. Excluded Services (Available at Standard Rates or as a Contract Add-on)
  • Migrations: Major service migrations (e.g., moving from one email platform to another).
  • New Setups: New computer or device setup and configuration for new staff members.
  • On-Site Visits: Any on-site visit or travel required for repairs or support, unless specified in the contract.
  • Hardware Costs: The cost of any replacement parts or new equipment is not covered. While faults are diagnosed, the cost of physical replacement is borne by the Client or covered by manufacturer warranty.
  • Physical Repairs: Printer repairs that require physical parts and on-site transport.
  • Complex Training: Advanced or complex instructional usage of specialised software. Basic guidance may be provided. 4.5. Contract Limitations & Fair Use:
  • Device Limits: Contracts are limited to a maximum of two (2) computers/devices (e.g., a desktop and a laptop) and one (1) mobile device per person covered.
  • Fair Use Policy: Any “unlimited” support service is subject to a fair use policy to ensure equitable service for all clients. We reserve the right to review service levels if a Client’s usage consistently and significantly exceeds the average for similarly sized clients. 4.6. Device Storage: Devices left with IT Pro Expert for any reason will be kept for a maximum of three (3) months. If not collected within this time, they will be securely destroyed or sold to cover costs. Data will be permanently erased. Storage can be arranged for a fee of £50 per item, per month.

5.0 Data Recovery and Handling

5.1. Inherent Risk: Data recovery is an inherently risky procedure. We use professional equipment, but accept no liability for any data loss, financial loss, or other damages, as some drives are beyond recovery. 5.2. Single Attempt: Some damaged drives may only allow for a single recovery attempt. A failed attempt may render the data permanently unrecoverable by any means. 5.3. Data Integrity: Recovered data may be incomplete, corrupted, or have altered filenames and folder structures. 5.4. Data Deletion: Client data from a recovery is held on our secure servers for a maximum of three (3) days after it is returned to you. The Client must back up this data immediately. We cannot repeat the recovery process once our copy is deleted. 5.5. Donor Drives: Drives supplied by a customer or sourced by us for spare parts will be rendered non-functional during the recovery process and cannot be returned.

6.0 Warranty

6.1. Service Warranty: We provide a 30-day warranty on our service for the same issue. This is void if the device has been tampered with or if a third-party product has caused a related fault. 6.2. Component Warranty: All items purchased through IT Pro Expert are covered by the original supplier’s manufacturer warranty. Postage, transport, and our service time for replacing failed components may incur a service charge.

7.0 Limitation of Liability

7.1. General Exclusion: To the maximum extent permitted by applicable law, IT Pro Expert and its subcontractors shall not be liable to the Client for any direct, indirect, special, or consequential loss or damage to the Client’s property, equipment, data, or business (including loss of profits) arising from the provision of any goods or services. 7.2. Data Liability: We are not liable for any data loss resulting from a failed backup, drive failure, cyber-attack, or any other cause, regardless of any backup services we may manage. 7.3. On-Site Work: We perform on-site installations with the utmost care but shall not be liable for any accidental damage to walls, floors, piping, electrics, or other property. 7.4. Risk and Insurance: The Client is responsible for ensuring they have sufficient insurance to cover any and all risks associated with their hardware, software, and data. If the Client does not have an insurance policy, they automatically accept all risks. Any devices sent via post should be insured by the Client. 7.5. Cybersecurity Operations: Security deployments (including antivirus, firewalls, and network isolation tools) are designed to block suspicious activity. IT Pro Expert is not liable for any downtime, loss of productivity, or inability to work resulting from the legitimate functioning of security software, or from our active remediation efforts during a suspected or active malware infection. 7.6. Third-Party Software and Cloud Services: Our Services often utilize third-party software, cloud hosting, and platforms (including, but not limited to, Microsoft 365, backup providers, and security vendors). We provide access to these platforms “as is.” IT Pro Expert is not liable for any service interruptions, data breaches, software bugs, or data loss caused by the failure, negligence, or outages of these third-party vendors. 7.7. Cybersecurity and Breach Liability: While IT Pro Expert deploys industry-standard security tools and practices, no system, network, or software is completely immune to cyber-attacks, ransomware, phishing, zero-day exploits, or unauthorized access. We do not guarantee absolute security. The Client acknowledges and agrees that IT Pro Expert shall not be held liable for any data breaches, financial losses, or business interruption resulting from a cyber-attack or security compromise, provided IT Pro Expert has not committed gross negligence in the execution of its explicitly contracted duties. The ultimate responsibility for mitigating cyber risk rests with the Client through adequate cybersecurity insurance and internal staff training.

8.0 Confidentiality

8.1. Mutual Obligation: Both IT Pro Expert and the Client (“the Parties”) agree to keep in confidence any information, whether written or oral, of a business, technical, or financial nature that is disclosed by the other party (“Confidential Information”). 8.2. IT Pro Expert’s Obligation: We will hold all Client data securely and will not pass it to any third party, except where necessary for a subcontractor to perform a service, or as required by a court order. 8.3. The Client’s Obligation: The Client agrees to keep all information relating to our procedures, techniques, reports, and intellectual property in strict confidence and not to share it with any third party without our express written consent.

9.0 Term and Termination

9.1. Contract Term: All monthly service contracts operate on a month-to-month basis. 9.2. Cancellation by Client: The Client may cancel a service contract by providing a minimum of one (1) full calendar month’s written notice. 9.3. Termination by IT Pro Expert: We reserve the right to terminate a contract by providing one (1) month’s written notice. We may also terminate the contract immediately if the Client is in breach of these Terms, including failure to make timely payment.

10.0 General Legal Provisions

10.1. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The Parties agree to submit to the exclusive jurisdiction of the courts of England and Wales. 10.2. Dispute Resolution: Should any dispute arise, the Parties agree to first attempt to resolve it through direct, good-faith negotiation. 10.3. Force Majeure: Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party (e.g., acts of God, war, pandemic, widespread power or internet failure). 10.4. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. 10.5. Entire Agreement: These Terms, along with any specific contract or quotation provided, constitute the entire agreement between the Parties and supersede all prior communications. 10.6. Changes to These Terms: We reserve the right to modify these Terms at any time. We will provide clients with at least thirty (30) days’ notice of any material changes via email. Continued use of our services after this notice period will constitute acceptance of the new Terms.