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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our web hosting provider got bought out by another company

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Our web hosting provider got bought out by another company and as a consequence our website was moved from the previous providers server to our new providers server, but they have messed this up and our web site has been down for over 1 week. We have therefore lost a considerable amount of business. The terms and conditions of the new web hosting company essentially waives their liability for any loss of income but I never asked to be moved across and feel that they have been negligent in switching our website over without being able to host our site and furthermore it has been over a week and the situation still hasn't been resolved. Do I have a case to pursue them for financial redress for the loss of income our business has suffered.
Hello my name is ***** ***** I will help you with this.
Did the old company terms and conditions say they could assign the hosting?
Ash and 4 other Law Specialists are ready to help you
Do you have a number?
Customer: replied 2 years ago.

It doesn't look as though they did - see terms and conditions below:-

Terms of Service

ITC reserves the right to suspend or cancel a customer's access to any or all services provided when ITC decides that the account has been used in a manner which ITC deem to be inappropriate.

All accounts on the system must fully comply with our Acceptable Usage Policy (AUP), which is available at the following page: The AUP is subject to change at any time, and any such modification shall be automatically effective to all customers and their respective accounts as soon as it is adopted by ITC. Failure to comply with the AUP shall result in immediate suspension or termination of the customer account(s).

ITC reserves the right to immediately remove any items and/or the offending sites from their servers which are deemed to be in violation of the AUP.

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Domain Registrants

All domain registrations are subject to the Terms and Conditions as imposed by the registrar with which the domain has been registered. By requesting that ITC register a domain on your behalf, you agree that you understand the associated Terms as imposed by the Registrar, and confirm that as the Registrant of the domain, you will abide by them.

*.uk - Click for Nominet's Terms & Conditions

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Sign-Up Process

For details about our Privacy Policy, click here.

Upon placing an order, ITC will contact you and confirm the availability and total price of the domain names and associated hosting services you have requested. You will then be required to confirm the order. Failure to confirm the order will result in no further action regarding the registration and/or configuration by ITC. If there are any questions regarding the price or services involved, they should be discussed before confirming the order.

Following receipt of your order confirmation, ITC will register/transfer the domain names in question, and configure their servers accordingly. This process is normally completed within 48 hours of the order confirmation, however may take up to 28 days in the event of registrar/transfer problems. ITC will keep the customer informed of progress if this process takes longer than 5 working days.

After the domain registration/transfer and system configuration process is completed, ITC will contact the customer via email with details of the account(s). At this point, ITC will send an invoice for the completed services via post for the previously confirmed amount.

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Payment Policies

Initial Payment Terms are strictly 14 days from the date of the invoice, unless an alternative arangement has been agreed prior to the order. Failure to make full payment within this time may result in the cancellation of services, including domain registration. This means that your domain could become available for registration by any other party.

Renewals will be invoiced approximately 6 weeks prior to renewal date, and payment will be due in full within 30 days, a full 2 weeks prior to the earliest renewal date.

Payments must be made by cheque in £ Sterling (GBP). Cheques should be made payable to ITC, and posted to our normal postal address: ITC. Colbourne House, High Street, Bourton, Dorset. SP8 5AT. United Kingdom.

ITC do not accept payment by Credit/Debit Cards at this time.

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Upgrades and Cancellations

ITC reserves the right to cancel the service at any time.

  • In this event, customers will be entitled to a pro-rata refund based upon the number of unused month's that have been prepaid.

  • If a customer's service is cancelled due to violation of ITC's Terms of Service or Acceptable Usage Policy, no refunds will be given.

Customers may modify their account at any time.

  • Upgrading between hosting packages will take effect immediately. The customer will be charged the difference between the price of the existing and new packages, but given credit on a pro-rata basis for each complete unused month of the current package.

  • If the customer is downgrading between packages, no credit will be given for unused services, but annual renewals will take effect at the lower rate.

  • The customer may cancel the service at any time by giving ITC 30 days written notice. The customer will be entitled to a pro-rata refund based upon the number of unused month's service that have been prepaid, less any reasonable administration charges imposed by ITC.

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Customer Details

Customer shall provide ITC with accurate contact details, and agrees to inform ITC in the event of any or all of such details changing.

All account holders must be able to speak English.

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Reseller Program

The reseller's primary domain must be hosted with ITC at all times in order to be able to resell our services.

Resellers agree to make their clients aware of ITC's Terms and Conditions of Service and the associated Acceptable Usage Policy, and take responsibility for the content and usage of their clients.

The reseller will deal directly with their client, including all billing and support issues. ITC will have no contact with the reseller's clients, nor will the clients with ITC.

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Customer agrees that is shall defend, indemnify, save and hold ITC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ITC, its agents, customers, officers and employees, that may arise or result from any service provided or performed by or agreed to be performed or any product sold by customer, its agents, employees, or assignees.
Customer agrees to defend, indemnify and hold harmless ITC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ITC's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from ITC's server.

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ITC will not be responsible for any damages your business may suffer. ITC makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by ITC and its employees. ITC reserves the right to revise their policies at any time.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and 4 other Law Specialists are ready to help you