Synergy is a trading name of SynergyIT Limited – an Isle of Man registered company.
These Terms and Conditions apply to all services offered and provided by SynergyIT Limited ("SynergyIT"). Please read these Terms and Conditions carefully. Usage of SynergyIT’s services is conditional upon you agreeing to be bound by these Terms and Conditions. “hosted” or “online” services is the provision of any internet based service maintained on SynergyIT’s systems.
Website hosting service
SynergyIT’s website hosting service provides a system whereby your website are made available over the internet.
EMail hosting service
SynergyIT’s email hosting service provides POP3, MS Exchange or other email account facilities to users.
AntiSpam filtering service
SynergyIT’s email filtering system will, unless you have turned Spam filtering off within your account, scan all incoming email sent to your designated domain name and automatically trap all messages identified as probable bulk, junk or unsolicited email ("spam") by our system.
SynergyIT understands the importance of protecting and maintaining the integrity of your email and it is our business and commitment to reduce, and in many cases eliminate, spam sent to your domain. However, SynergyIT does not represent or warrant that the AntiSpam service will quarantine all or any certain proportion of the spam messages that are being sent to your domain.
AntiVirus filtering service
SynergyIT’s eMail filtering system will, unless you have turned AntiVirus filtering off within your account, scan all incoming email sent to your designated domain name and quarantine messages identified as containing a virus by our system. SynergyIT does not represent or warrant that the service will quarantine all or any certain proportion of email containing a virus that are being set to your domain.
Report and review of rejected messages
We may also keep your contact email address to allow us to send you reports on your use of our services, and advise you of any changes to the service
We agree to hold the intercepted messages in our quarantine and make them available online for seven days during which time you may view the messages. You may forward any message to yourself from the quarantine during the seven day period. You acknowledge that we do not check quarantined messages and after seven days, messages in the quarantine are automatically deleted, whether reviewed by you or not. You agree that if a message that is not marked as spam or a virus is filtered from your mailbox, your only remedy is to view the message within the seven days during which it is held in the quarantine.
What our Services do not do
SynergyIT’s internet hosting services do not provide protection from a denial of service attack or protection from other malicious code or conduct.
Conditions of use
You will not:
- Resell our services unless specifically authorized to do so by SynergyIT.
- Use or access the service or SynergyIT website for any unlawful purpose or with intent to cause damage or other malicious purpose.
- Violate or attempt to violate the security of any SynergyIT hosted service or SynergyIT’s website.
- Allow others access to hosting services provided to you on your behalf
Renewals
All services automatically renew unless termination is requested in writing in advance of the cancellation deadline.
Termination
We reserve the right to terminate or modify services provided to you at any time:
- For technical maintenance or support;
- If your domain becomes the subject of a denial of service attack; or
- If your domain or website is otherwise the source of eMail which may in any way damage or overload our system or systems.
- If you use our services for illegal purposes or pornography.
- If required to do so by law (such as a court ruling).
SynergyIT hosting service subscription fees are non-refundable.
SynergyIT will not be held liable for any decision to suspend, modify or discontinue services provided to you. SynergyIT shall not be under any obligation to refund any fee, or unused part thereof, if services provided to you are suspended, modified or terminated, regardless of the reason.
Payment terms
SynergyIT may offer a 1 month trial of certain services at no cost. If you decide to continue after this time, you will be sent a request for payment at our current annual rate associated with the service being provided.
This fee is non-refundable.
Exclusions
Except for any implied condition, warranty or representation, the exclusion of which would contravene any statute or cause this clause to be void ("non-excludable condition") and as otherwise expressly stated in these Terms and Conditions, SynergyIT shall not be liable for and makes no warranties or representations in relation to:
- the non-delivery of important messages
- any offensive content which is not filtered from your mailbox by the AntiSpam & AntiVirus filtering system
- the continued availability of the AntiSpam & AntiVirus filtering system,
- the continued availability of website hosting services,
- the continued availability of email hosting services,
- the accuracy, reliability, completeness or timeliness of the AntiSpam & AntiVirus filtering system or email delivery,
- the continuance, reliability, timeliness, error rate, or results that can be gained from use of the services.
- any damage suffered as the result of a message which contains a virus being sent to your eMail account;
- any technical delays which are outside our control; and
- any other loss or damage resulting from the use of AntiSpam & AntiVirus filters
and makes no warranties or representations in relation to:
- the continued availability of the AntiSpam & AntiVirus filtering system
- the continued availability of website hosting services,
- the continued availability of eMail hosting services,
- the accuracy, reliability, completeness or timeliness of the AntiSpam & AntiVirus filtering system or eMail delivery
- the continuance, reliability, timeliness, error rate, or results that can be gained from use of the services
and hereby excludes all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement.
Limitation of liability
Except as provided by Isle of Man law, SynergyIT will not be liable for any loss or damage suffered as a result of the use of our hosted services or for any loss as a result of messages or email not being delivered to your email account, including without limitation as a result of your failure to check the quarantine for trapped email within the allotted seven days.
To the extent permitted by law:
- SynergyIT’s liability for breach of any non-excludable condition will be limited at our option to the supply of the services again or payment of the cost of supplying the services again;
- otherwise SynergyIT’s liability to you for any loss or damage at law, shall not exceed the total amount we actually received from you for the service which gave rise to the loss or damage;
- SynergyIT will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if we have been advised of the possibility of such loss or damage.
You agree that our liability to each other at law will be reduced by the extent, if any, to which the other party contributed to the loss.
You agree that any dispute arising from any agreement shall be referred for arbitration to a mutually acceptable third party and that the findings of any such third party shall be binding upon both parties.
Accuracy of information you submit
You agree that the information which you provide to SynergyIT is accurate and is not misleading. You indemnify us for any loss, including costs and expenses, to SynergyIT arising from false or misleading information which you have provided to us.
Linked sites
Our website may contain links to other sites for your convenience. These links are not a guarantee or endorsement of those websites or services. SynergyIT is not responsible for the conduct or content of any of these other sites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of those websites.
Terms and Conditions subject to change
SynergyIT may amend the Terms and Conditions at any time to reflect our current range of services and policies. The Terms and Conditions will be amended by posting an updated version on our website. If you are using our services we encourage you to review the policies governing the use of the service on a regular basis. If you object to any changes you may discontinue your use of the services. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change.
Governing law
The Terms and Conditions for use of this website are governed by and construed in accordance with the Isle of Man, British Isles. In the event that any of the Terms and Conditions is found to be unenforceable under Isle of Man law, this will not affect the remainder of the Terms and Conditions.
Events outside of our control
SynergyIT will not be in breach of obligations under these Terms and Conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside SynergyIT’s reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.
Privacy policy
The Privacy Policy forms part of these Terms and Conditions, and by agreeing to the Terms and Conditions you also agree to the Privacy Policy.
PRIVACY POLICY
SynergyIT will respect your privacy and the security of your email address and personal information. We will not disclose any personal information to third parties beyond that which is necessary for the performance of our services to you.
Surveys, customer satisfaction and the like
We may collect information that you volunteer to us on surveys and questionnaires - we use the information collected only to improve the services SynergyIT provides and no identifying characteristic shall be provided to any other party. These surveys are strictly confidential.
Non-identifiable information may be used in promoting the services of SynergyIT.
Storage and security of your personal information
SynergyIT will endeavour to take all reasonable steps to keep secure any information which we hold about you and to keep this information accurate and up to date. Your information is stored on servers that are protected in controlled facilities. We require our employees to respect the confidentiality of any personal information held by SynergyIT. Unfortunately, no data transmissions over the Internet can be 100% guaranteed to be secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. SynergyIT will not be held responsible for events arising from unauthorized access to your personal information.
Cookies
Our website uses cookies, which can be either "persistent" or "session" based. Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behaviour upon return to the issuing website.
Session cookies are short-lived, are used only during a browsing session, and are automatically deleted when you quit your browser.
Questions or complaints
Should you have any questions or complaints about privacy issues, please email: support@synergy.im
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