Terms and Conditions

1. Agreement

When you purchase a product with us, you agree to comply with the following terms and conditions, with our privacy policy that governs the relationship between you as a customer of our services and iRack Limited. The term “iRack Limited”, “iRack”, “us” or “we” refer to the company: iRack Limited which is a private limited company registered in England and Wales – Number: 08992383. The registered office is:

iRack Limited

Elizabeth House

Victoria Street

Openshaw

Manchester

M11 2NX

The term “you” will refer to the user or customer of iRack Limited or visitor to the website and “your” shall be construed accordingly”.

2. Web Hosting
3. Prohibited Content

All the services provided by iRack Limited and Itility may be used for lawful purposes only. Storage, transmission and presentation of any information, data or material in violation of any laws in the United Kingdom (England, Wales or Northern Ireland) or the laws of the European Union, including all member states is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue / legislation.

Examples of prohibited material (including but not limited to):

• Pirated Software / Films / TV Shows
• Hacking Discussion or the provision of the tools to be able to hack or crack
• Bulk Email Sending Scripts
• Software designed to disrupt network communications of remote servers that are not under the control of iRack Limited
• Sites containing or links to material that may be considered harmful to the public

In the event of prohibited content, iRack Limited will be the sole arbitrator as to the content in violation of Section 2(a) of this document.

1. Resource Limits

Resource limits are in operation upon each host – Accounts founds that are using an extreme amount of resources for a period of time and that is damaging the performance of the server by a member of iRack Limited’s technical team may face resource restrictions on inbound traffic.

1. Backups

iRack Limited does operate a backup system that creates multiple backups on a daily and weekly basis for each account hosted on our cPanel/Interworx/DirectAdmin platforms – It should be noted by our customers that these backups are for administrative purposes. iRack limited makes no guarantee of the completeness and quality of each backup made or to the availability of each backup. Backups are the responsibility of the customer to make regular backups of their account (website files, databases, emails and DNS records) and hereby disclaim iRack Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of iRack Limited.

3. Reseller
4. Prohibited Content

In addition to clause 2(a) of this document, responsibility of content hosted on accounts under the control of a reseller is the responsibility of the reseller. In the first instance of prohibited content being detected on a reseller owned account, the individual account will be suspended, and the reseller notified for action to be completed (such as termination of the account). Further violations of clause 2(a) of this document will result in the suspension of the reseller and all accounts owned and controlled by the reseller.

1. Resource / Usage Limits

In addition to clause 2(b) of this document, resellers are allocated a set amount of resources that may be distributed as the reseller wishes. Overselling the resources of a reseller are not permitted and accounts that seek to do so will be suspended at the discretion of iRack Limited.

1. Backup

iRack Limited does operate a backup system that creates multiple backups on a daily and weekly basis for each account hosted on our cPanel/Interworx/DirectAdmin platforms – It should be noted by our customers that these backups are for administrative purposes. iRack limited makes no guarantee of the completeness and quality of each backup made or to the availability of each backup. Backups are the responsibility of the customer to make regular backups of their account (website files, databases, emails and DNS records) and hereby disclaim iRack Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of iRack Limited.

4. Email

iRack Limited provides the ability for emails to be sent via their cPanel/Interworx/DirectAdmin/DSVR platform. In using our services to send email, you confirm that all email communications are opt in and that all solicited mailings comply with the terms of the Privacy and Electronic Communications Regulations 2003 (PECR), The Data Protection Act 2018, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments).

You will not use any of our services to send out spam, viruses or other malicious content. Any accounts found to be sending such content will be investigated by a member of the iRack Limited technical support team. Entire accounts or individual email accounts may be suspended if found to be in breach of the terms and conditions.

5. Billing

Customers are expected to make payments via their chosen payment method on time. All invoices are generated 30 days before product renewal dates. Any services held unpaid for a period of 30 days after the invoice due date, customers will start to receive overdue invoice reminders via our online client’s portal. Services will also start to get automatically suspended if payment is not made within this time.  All invoices can be found by going to the clients portal located at: https://clients.iracknet.com

6. Disputes

In the event of any disputes regarding payment on any invoices, you agree in the first instance to make contact with the billing department of iRack Limited before making contact with your bank, card or credit card provider or any other payment gateway (Example: Stripe or Gocardless). Disputes must be filed with iRack Limited within 1 month of the date of the invoice generation. By using services provided by iRack Limited, you agree to these terms.

In the event a dispute is filed before all reasonable steps taken as described above, iRack Limited reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. iRack Limited also further reserve the right to proceed with further civil or criminal proceedings.

7. Refunds

You may, however, cancel a payment made on this website within seven days of making the order by sending an email quoting your client ID (you will have received this in the email receipt from iRack Limited) or by quoting the date of payment and the name of the person who made the payment. We will investigate any reasonable claims for refunds and refund customers within 24 hours.

We are committed to security of your information and will investigate reported unauthorised usage of an account immediately and refund customers within 24 hours for any breach of security as a result of internal company security transgressions. All refunds are subject to security controls and customers will need to give correct answers to security questions before refunds are made

In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null.

11. Backup Retrieval

In the event of a customer’s account being terminated due to outstanding invoices or breaching any clause of this document or at the discretion of a member of iRack Limited. An admin charge of £25 per account will be invoiced for an investigation to be started to find any suitable restore points. It may be the case that iRack Limited may fail in finding any suitable restore points from our backup systems. This charge shall be regarded as non-refundable.

12. iRack Limited

All views and opinions expressed by employees of iRack Limited on websites, social media, services and other communication forms external to iRack Limited domain names (including but also not limited to): iracknet.com, itility.co.uk are the opinion of the employee and may not reflect the opinion of iRack Limited or third party partners of iRack Limited. Any suspected breaches of this policy should be emailed to: abuse@iracknet.com.

15. Force Majeure

iRack Limited shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.

16. Data Protection

iRack Limited’s Data Protection policy can be read on the following link: https://www.iracknet.com/privacy-policy/

17. Specific Provisions

Either yourself or iRack Limited may terminate these Terms and Conditions on 30 days written notice to the other party. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. iRack Limited may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

iRack Limited may assign or transfer its contractual rights under these Terms and Conditions. You may not assign or transfer your contractual rights under these Terms and Conditions.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL IRACK LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IRACK LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT WILL IRACK LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL IRACK LIMITED OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY.