Website Maintenance - Terms of Service
General Terms
Thinktop Limited reserves the right to suspend or terminate any website maintenance services at any time if it is deemed that the service is being misused, abused, or operated outside of the agreed scope.
Thinktop Limited reserves the right to refuse service to anyone at its sole discretion. We may update, modify, or discontinue any part of the maintenance service without prior notice where necessary for operational, security, or legal reasons.
By engaging in Thinktop Limited’s maintenance services, you agree to these terms in full.
Scope of Maintenance
Website maintenance services are provided on an ongoing basis and may include updates, security monitoring, backups, and general website support.
Maintenance services do not include major redesigns, redevelopment, new feature implementation, or large-scale content updates unless otherwise agreed in writing. Any work outside of the agreed scope may be subject to additional charges.
Thinktop Limited will carry out maintenance tasks using reasonable care and skill but does not guarantee uninterrupted, secure, or error-free operation of any website.
Transfer of Services & Change of Ownership
Where Thinktop Limited has acquired, purchased, or taken over services from another company, provider, or individual, all existing clients and services may be transferred as part of that agreement.
By continuing to use the website, receive maintenance services, or make any form of payment following such transfer, the client acknowledges and accepts that Thinktop Limited has assumed responsibility for the ongoing provision of those services.
Any existing service arrangements, including recurring billing, shall continue under Thinktop Limited unless otherwise agreed in writing.
It is the client’s responsibility to raise any queries or objections regarding the transfer of services within 14 days of the first invoice or payment taken by Thinktop Limited. Failure to do so shall constitute full acceptance of the transfer, the services provided, and any associated ongoing charges.
Thinktop Limited shall not be held liable for any misunderstandings arising from the previous provider’s failure to notify the client of the transfer.
Continued use of services shall be deemed as acceptance of Thinktop Limited as the service provider, regardless of whether formal notice was received.
Client Responsibilities
The client remains fully responsible for their website, its content, and all activity carried out through it. This includes ensuring that:
All content complies with applicable UK laws and regulations
All necessary permissions and licenses are obtained for content used
Website access credentials are kept secure at all times
Thinktop Limited accepts no responsibility for unlawful, infringing, or inappropriate content placed on the website.
Backups & Data
Thinktop Limited may perform periodic backups as part of the maintenance service; however, we do not guarantee that backups will be complete, accurate, or available at all times.
Clients are strongly advised to maintain their own independent backups of all website data.
Thinktop Limited shall not be held liable for any loss of data, corruption, or inability to recover data under any circumstances.
Liability
Thinktop Limited shall not be liable for any direct, indirect, incidental, or consequential loss or damage, including but not limited to:
Website downtime or outages
Loss of data, revenue, or business
Security breaches, hacking, or malware
Failures caused by third-party services, software, or hosting providers
Errors, omissions, or interruptions in service
All services are provided “as is” without warranty of any kind, whether express or implied.
In all circumstances, Thinktop Limited’s total liability shall be limited to the total amount paid by the client for maintenance services within the previous 30 days.
Third-Party Services
Websites may rely on third-party services including hosting providers, domains, plugins, and APIs.
Thinktop Limited is not responsible for the performance, availability, pricing, or failures of any third-party services.
Any issues arising from third-party providers are outside the control and liability of Thinktop Limited.
Maintenance & Downtime
Routine and emergency maintenance may require temporary downtime. Wherever possible, this will be scheduled during low-traffic periods.
Thinktop Limited shall not be liable for any loss or disruption caused by planned or unplanned downtime.
Payment & Billing
All website maintenance services are provided on a recurring monthly basis unless otherwise agreed in writing.
By engaging Thinktop Limited’s services, you agree to ongoing monthly billing. Services will continue automatically and invoices may be issued on a recurring basis.
It is the client’s responsibility to understand and manage their subscription. Claims of unawareness of recurring payments do not invalidate payment obligations.
Failure to make payment may result in immediate suspension or termination of services without further notice.
Acceptance of Services & Disputes
By making payment for website maintenance services, the client acknowledges and accepts the ongoing nature of the service and these Terms of Service.
Where a client has made multiple or recurring payments for maintenance services without dispute, this shall be considered as full acceptance of the service, pricing, and billing structure.
No refunds or credits will be issued for services already delivered, including periods where the client claims they were unaware of the recurring nature of the billing.
Any concerns or disputes must be raised in writing within 7 days of the invoice date. Failure to do so constitutes acceptance of the charges and services provided.
Thinktop Limited reserves the right to reject any dispute where services have been delivered in line with the agreed scope.
Cancellation
A minimum of 30 days’ written notice is required to cancel maintenance services.
No refunds will be provided for any unused portion of the billing period.
Upon cancellation, Thinktop Limited will cease all services and shall no longer be responsible for the website, including its performance, security, or upkeep.
Indemnity
The client agrees to fully indemnify and hold harmless Thinktop Limited against any and all claims, damages, liabilities, costs, or expenses arising from:
The client’s website content
The client’s business activities
Any breach of these terms
Amendments
Thinktop Limited reserves the right to amend these terms at any time. Continued use of the service constitutes acceptance of the latest version.
Governing Law
These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Final Clause
Thinktop Limited reserves the right to refuse or terminate any agreement at its sole discretion.
This document was last updated on 9th May 2022 and remains in effect unless replaced by a newer version.
