Terms of Service

Summary

Outlined within the TomasSystems Terms of Service and Privacy Policy, terms "us", "our", "this organisation" and "we" refers to TomasSystems (tomas.systems). The terms such as "account holder", "user, "customer", "client" and "you" refers to yourself as either a customer or visitor of TomasSystems. The site and services available are offered to the user when acceptance is received of all outlined terms noted throughout both our Privacy Policy and Terms of Service. Upon visiting the site, purchasing a product or communicating with staff you agree to our Terms of Service and Privacy Policy including any additional terms related to the platform you are viewing. We reserve the right to update our Terms of Service or Privacy Policy without the need to notify visitors or customers. It is the customers responsibility to check the policies for updates.

Customers are required to read both our Terms of Service and Privacy Policy. Upon purchasing a service, TomasSystems reserves the right to suspend, terminate or cancel any service provided to the customer without reason or notice. If at any stage you disagree with our Terms of Service, Privacy Policy or additional terms you do not have permission to access TomasSystems services.

Liability

TomasSystems cannot be held responsible for any issues including but not limited to: hardware failure, water or fire damage, power failure or "acts of god". All users are advised to take a backup of their service off-site. Additionally, we cannot be held responsible for any actions that are taken on the services that damages such (e.g deleting core files resulting in data loss). Some services sold to the customer by TomasSystems are not directly managed/owned by us. Therefore, equipment such as network routing and software being used by TomasSystems is not directly owned or written.

Registration & Purchasing

Upon registration for a TomasSystems account, you agree that all submitted information is accurate to your current legal state. Upon registration, you are required that you inform us of your consent to store any personal data which is a requirement of GDPR (European General Data Portection Regulation). In order to use our services, you must be aged 13 or over to consent to the storing of your personal data. In the event you do not meet this criteria, please ask your parent or legal guardian to reach out to us providing explicit consent for us to store your data. In the event your account data and data submitted to our payment processor do not match, we reserve the right to update this accordingly. Aditionally, it is the responsibility of the customer to ensure that all data is up to date.

Payments

TomasSystems services do not include a "refund policy" or "money-back guarentee" as standard. Refund requests may be considered up to fourteen days (14) after the service was activated by our billing department; in order for the refund to be considered you must provide justification which must be approved by the administration team. We reserve the right to refuse a refund without providing any justification to the customer. If a refund is issued at the discretion of the billing department, we reserve the right to hold the funds for up to thirty days (30). TomasSystems is not responsible for any delays during the refund process because of a fault at the payment processor. Any refunds issued will be minus the transaction fees, unless the refund was initiated by the supply & delivery team because the service could not be delivered. In the event the service was paid for by Bank Transfer, the customer is responsible for sending us their bank details, we also reserve the right to take a minimum of £0.50 or maximum of £15 "transaction fee" for refunds processed by Bank Transfer. Refund requests for products that are not publically available, or orders that used promotional codes will not be considered under any circumstances. Refund requests must be submitted directly to the billing department by emailing [email protected]; requests through other methods will be ignored.

Services provided to the customer by TomasSystems are not "locked in" or "in contract"; the customer reserves the right to cancel the service or subscription at any point. We will not issue a refund for the remaining time on the billing cycle. Upon receiving the cancellation request from the customer, unless stated otherwise the service will be terminated immediately. If the customer does not have any other services or subscriptions, all personal data (excluding billing data) will be purged from our systems within three (3) months automatically. If a chargeback is initiated for a service, we reserve the right to suspend or terminate the service immediately alongside issuing a refusal to serve against the customer. It is the users responsibility to revoke any recurring subscriptions. In the event the subscription is not cancelled, the customer must request a refund with the billing department who will then issue the refund minus the relevant transaction fees.

We reserve the right to amend, cancel or withdraw any product offerings (including ranges, or configuration options alongside billing cycles) at any point provided that we have given seven (7) days notice to the customer through email communication. A change of product (or billing cycle) may be necessary in these circumstances. In the event you disagree with the amended product/offering you reserve the right to cancel the service.

TomasSystems retains the right to modify service pricing at any point providing seven (7) days notice to the customer. Any previously generated invoices will be amended to reflect the new pricing accordingly.

Acceptable Use

The customer agrees that no attempts will be made to modify the subscribed services specifications (unless you are attempting to add or remove existing addons). They agree that any attempt to do so will result in an instant termination of all services alongside a refusal to serve. Some services offered by TomasSystems are labelled as "Unmetered" or "Unlimited", in certain cases we reserve the right to remove or restrict access to prevent impact to the host system or network.

The following is not permitted on TomasSystems services:
 Violent, threatening, harassing, abusive, obscene or terrorism material.
 Mass or unsolicited emails; including: spam or excessive marketing emails.
 Operating applications intended to or providing the functionality to port scan/map ports.
 Content which is deemed to be phishing or a fraudulent representation of a company.
 Applications designed to impact a computing device (e.g malware/trojans/viruses).
 Applications providing functionality to mine cryptocurrency (cryptocurrency mining) including operating said software.
 Pornographic content including storing, displaying or distributing said type of content.
 Copyrighted material without the required rights or permission to use or distribute the file or files.
 Content encouraging lawful behaviour such as hate crimes, terrorism and pornography (including child pornography).
 Applications related or providing functionality to DoS or DDoS attack (also known as "booting").
 Executing brute-force attacks against a network with the intent to access a secure system.
 Content deemed illegal within the United Kingdom, country of which your service is located or your country of residence.
 Excessively consuming shared resources which causes a negative impact on other customers.


In the event TomasSystems receives an abuse report against a TomasSystems service (including copyright or DMCA notice) it will be forwarded to the responsible customer. We will provide the customer with twelve (12) hours where if no response is received, the service will be suspended. After this, if no response is received from the customer after three (3) days of suspension the service will be terminated alongside any backups that may be held. A resolution must be provided in order for the service to be "reactivated". If we receive multiple abuse reports regarding a service, we reserve the right to terminate such to prevent any further issues on the network.

Whilst TomasSystems always aims to provide the specifications advertised, factors such as network speed cannot be guarenteed. In the event that the port speed is being affected by another user on the host system, we will identify and suspend the user to avoid further interruptions.

Disruption & Accessibility

Where a customer distrupts or attempts to distrupt TomasSystems services or others by any possible means (e.g DoS/DDoS attack), we retain the option to terminate or suspend all other services associated with the account alongside issuing a refusal to serve and passing on relevant details to the police where necessary. Whilst TomasSystems aims to provide services to the customer at least 99% of the time, we cannot guarantee such due to external factors. Compensation may be offered under some circumstances however is not required to be provided.

Legal

If necessary, we retain the right to consult appropriate authoritities where required in the event of issues or a violation of any policies outlined by TomasSystems where law enforcement may be required to take further action. Communications between staff members and customers are logged (and archived with personal data redacted) where necessary.

Upon the purcahse of a service or subscription, you the customer allows TomasSystems to modify your service if: you have requested support through official means (e.g one of the noted email addresses) or an incident is raised by our automation system.