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Servertastic Limited – Terms and Conditions for Products and Services

Last updated: 8 September 2026

Please read these Terms and Conditions carefully before creating a Servertastic account, purchasing Points, placing an Order or using any Product or Service supplied through Servertastic.

These Terms and Conditions apply to all Servertastic business customers, whether Products and Services are purchased for the Customer’s own use or for supply to an End Customer.

Your attention is particularly drawn to the provisions concerning Points, resale, third-party products, cybersecurity services, refunds, account security and limitation of liability.


Contents

  1. Interpretation
  2. Business Customers Only
  3. Basis of Contract
  4. Your Account
  5. Right to Resell
  6. Responsibilities When Reselling
  7. End Customer Information and Communication
  8. Prices
  9. Pay As You Go
  10. Deposited Points
  11. Refunds of Points
  12. Inactive and Abandoned Accounts
  13. Order Delivery and Fulfilment
  14. Security Certificates
  15. Third-Party Products and Services
  16. Installation, Automation and Managed Services
  17. API Use
  18. Support
  19. Cybersecurity and Scanning Services
  20. Customer Obligations
  21. Intellectual Property
  22. Warranties and Refunds
  23. Data Protection
  24. Confidentiality
  25. Suspension and Termination
  26. Consequences of Termination
  27. Limitation of Liability
  28. Customer Indemnity When Reselling
  29. Sales Outside the United Kingdom
  30. Force Majeure
  31. Changes to Products and Services
  32. Changes to These Conditions
  33. Notices
  34. General
  35. Governing Law and Jurisdiction

1. INTERPRETATION

1.1 Definitions

In these Conditions:

Account means the Customer’s account with Servertastic through which the Customer may purchase, manage or use Products and Services.

Account User means any individual authorised by the Customer to access or use the Account.

Conditions means these Terms and Conditions as amended from time to time.

Contract means the contract between Servertastic and the Customer for the supply of Products or Services in accordance with these Conditions.

Customer, you or your means the person, company, partnership or other business entity that creates an Account or purchases Products or Services from Servertastic.

Data Protection Legislation means all applicable UK legislation relating to privacy and the processing of personal data, including the UK GDPR, the Data Protection Act 2018 and the Data (Use and Access) Act 2025, in each case as amended, replaced or supplemented from time to time.

Deposited Points means Points purchased and credited to the Account in advance of an Order.

Direct Services means services supplied directly to the Customer or an End Customer by a Supplier in connection with a Product.

End Customer means any person or entity for whom the Customer purchases, licenses, manages or resells a Product or Service.

End User Agreement means any licence agreement, subscriber agreement, certificate policy, terms of service or other terms imposed by a Supplier in relation to a Product or Service.

Intellectual Property Rights means patents, copyright, trade marks, database rights, design rights, rights in confidential information, domain names and all other intellectual property rights whether registered or unregistered and wherever arising.

Order means an order for a Product or Service submitted through the Platform, Website, API or another ordering method accepted by Servertastic.

Order Confirmation means confirmation by Servertastic that an Order has been accepted.

PAYG or Pay As You Go means payment for an individual Order using a payment method supported by Servertastic instead of, or in addition to, Deposited Points.

Platform means any account, ordering, API, dashboard or management system operated by Servertastic, including Servertastic One and any successor or replacement platform.

Points means account credits issued by Servertastic which may be applied towards eligible Products and Services.

Price means the price or number of Points applicable to a Product or Service at the time an Order is placed.

Product means any software, licence, digital certificate, subscription, security product or other item made available through Servertastic.

Security Certificate means an SSL/TLS, code signing, document signing or other digital certificate supplied through Servertastic.

Services means services supplied or arranged by Servertastic, including support, installation, cybersecurity, validation, monitoring, scanning, certificate management, automation and other services made available through the Platform or Website.

Supplier means a certificate authority, software publisher, service provider or other third party that owns, operates or supplies a Product or Service made available through Servertastic.

Servertastic, we, us or our means Servertastic Limited, registered in England and Wales with company number 04982077, whose registered office is at Woodend Creative, The Crescent, Scarborough, North Yorkshire, YO11 2PW.

Website means servertastic.com and any website or domain operated by Servertastic in connection with the Platform.

1.2 Interpretation

References to writing include email and electronic communications through the Platform.

References to a person include individuals, companies, partnerships and other legal entities.

Headings are provided for convenience only and do not affect interpretation.

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2. BUSINESS CUSTOMERS ONLY

2.1 Servertastic supplies Products and Services to business customers only.

2.2 By creating an Account, purchasing Points or placing an Order, you confirm that you are acting wholly or mainly for purposes relating to your trade, business, craft or profession and not as a consumer.

2.3 If you are acting as a consumer, you must contact us before placing an Order.

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3. BASIS OF CONTRACT

3.1 These Conditions apply to:

  1. your Account;
  2. purchases of Points;
  3. PAYG Orders;
  4. Products and Services purchased for your own organisation;
  5. Products and Services purchased for an End Customer;
  6. Orders submitted through our API or other automated systems; and
  7. any other purchase made through the Website, Platform, email, telephone or another method accepted by Servertastic.

3.2 These Conditions apply to the exclusion of any terms which you seek to impose or incorporate unless expressly agreed by us in writing.

3.3 Information, descriptions, specifications and advertising published by Servertastic are intended to provide a general description of Products and Services. Supplier specifications and availability may change.

3.4 You are responsible for ensuring that each Order is complete and accurate before it is submitted.

3.5 An acknowledgement that we have received an Order does not necessarily constitute acceptance.

3.6 A Contract for an Order comes into existence when we accept the Order, issue an Order Confirmation, commence performance or supply the relevant Product or Service.

3.7 Certain Products and Services are subject to additional Supplier terms. By placing an Order you agree that those Supplier terms will apply where relevant.

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4. YOUR ACCOUNT

4.1 A Customer requires only one type of Servertastic Account.

4.2 You may use your Account:

  1. to purchase Products or Services for your own business;
  2. to purchase Products or Services on behalf of an End Customer;
  3. to resell eligible Products or Services to End Customers; or
  4. for any combination of the above.

4.3 You are not required to resell Products or Services in order to maintain or use your Account.

4.4 You are responsible for maintaining accurate account, billing and contact information.

4.5 You are responsible for deciding which individuals are authorised to access your Account and what permissions they are given.

4.6 Account credentials, passwords, authentication credentials and API keys must be kept secure and must not be disclosed except to authorised Account Users.

4.7 You must notify Servertastic without undue delay if you know or reasonably suspect that your Account or credentials have been compromised.

4.8 You are responsible for Orders and other actions performed through your Account by your Account Users or through API credentials issued to your Account, except to the extent that an unauthorised action results directly from a breach of Servertastic’s obligations or security.

4.9 We may introduce additional authentication or security requirements where reasonably necessary to protect the Platform, Customers, End Customers or Suppliers.

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5. RIGHT TO RESELL

5.1 Subject to these Conditions and any restrictions imposed by a Supplier, Servertastic grants the Customer a non-exclusive, non-transferable right to resell Products and Services identified by Servertastic as being eligible for resale.

5.2 No separate reseller account is required.

5.3 Permission to resell does not:

  1. create a partnership, joint venture, employment relationship, franchise or agency between you and Servertastic;
  2. authorise you to bind Servertastic contractually;
  3. give you ownership of any Servertastic or Supplier Intellectual Property Rights; or
  4. give you an exclusive territory or customer base.

5.4 You remain free to sell your own products and services and products or services supplied by third parties.

5.5 Servertastic remains free to sell directly and through other customers, resellers, partners and channels.

5.6 You may determine the price charged by you to an End Customer unless a Supplier imposes a lawful minimum, maximum or other resale pricing requirement applicable to the relevant Product.

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6. RESPONSIBILITIES WHEN RESELLING

6.1 Where you purchase for an End Customer, you are responsible for the commercial relationship between you and that End Customer unless expressly agreed otherwise.

6.2 Unless Servertastic expressly agrees to act as merchant of record, you are responsible for:

  1. quoting and agreeing your selling price;
  2. invoicing the End Customer;
  3. collecting payment from the End Customer;
  4. handling applicable taxes arising from your sale;
  5. first-line sales enquiries relating to your sale; and
  6. your own contractual terms with the End Customer.

6.3 You must not represent that you are the author, publisher, certificate authority or owner of a Product where this is not the case.

6.4 You must not make warranties, representations or commitments concerning a Product or Service which are inconsistent with information supplied by Servertastic or the applicable Supplier.

6.5 You must ensure that an End Customer accepts any applicable End User Agreement before using the relevant Product or Service.

6.6 Where reasonably required, your terms with an End Customer must contain protections sufficient to enable you to comply with these Conditions and applicable Supplier requirements.

6.7 You are responsible for ensuring that you are legally permitted to sell Products and Services in the jurisdictions in which you operate.

6.8 You are responsible for taxes, registrations, licences and regulatory requirements arising specifically from your resale activities.

6.9 You must not resell a Product or Service where Servertastic or the Supplier has notified you that resale is prohibited or restricted.

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7. END CUSTOMER INFORMATION AND COMMUNICATION

7.1 Some Orders require information relating to an End Customer, including names, organisation details, email addresses, telephone numbers, domain names, IP addresses or technical information.

7.2 You warrant that you are authorised to provide such information to Servertastic and relevant Suppliers for the purpose of processing the Order and providing the Product or Service.

7.3 Servertastic may share End Customer information with Suppliers where reasonably necessary to fulfil, validate, support, renew or manage an Order.

7.4 Where a Product supports reseller or white-label fulfilment, Servertastic will use reasonable endeavours to minimise unnecessary direct commercial contact with the End Customer.

7.5 Servertastic cannot guarantee that it or a Supplier will remain invisible to an End Customer. Direct communication may be necessary for:

  1. organisation or identity validation;
  2. domain control validation;
  3. certificate issuance requirements;
  4. fraud prevention;
  5. security incidents;
  6. regulatory or legal requirements;
  7. Supplier contractual requirements;
  8. technical support; or
  9. operational matters necessary to supply the Product or Service.

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8. PRICES

8.1 Prices may be expressed in money, Points or both.

8.2 The Price applicable to an Order is the Price displayed or quoted when the Order is submitted, subject to validation by Servertastic.

8.3 Prices may change at any time before an Order is accepted.

8.4 Supplier pricing, currency exchange rates, taxes and other external costs may cause Prices to change.

8.5 If an incorrect Price has been displayed or quoted, we may reject the Order and notify you of the correct Price before proceeding.

8.6 Unless otherwise stated, Prices exclude VAT and any other applicable taxes.

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9. PAY AS YOU GO

9.1 Where PAYG is available, you may place an Order without first purchasing Deposited Points.

9.2 PAYG Orders must be paid using a payment method accepted by Servertastic.

9.3 Where you have authorised Servertastic to retain or use a payment method for PAYG purchasing, you authorise us to charge that payment method for Orders submitted through your Account.

9.4 An Order will not normally be fulfilled until payment has been successfully authorised or alternative credit arrangements have been agreed.

9.5 We may limit, suspend or withdraw PAYG purchasing where a payment fails, is reversed, is disputed or where we reasonably consider there to be an increased risk of fraud or non-payment.

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10. DEPOSITED POINTS

10.1 You may purchase Points in advance and have those Points credited to your Account.

10.2 The amount payable for Points will be shown at the time of purchase.

10.3 The effective price per Point may vary according to:

  1. the quantity purchased;
  2. currency;
  3. customer-specific pricing;
  4. promotional pricing; or
  5. other pricing arrangements agreed with Servertastic.

10.4 Points are account credits for use within the Servertastic Platform. They:

  1. are not legal tender;
  2. are not electronic money;
  3. are not a bank deposit;
  4. do not earn interest; and
  5. may only be used for Products and Services made eligible by Servertastic.

10.5 Purchasing Points does not fix the future Point Price of any Product or Service. The number of Points required for a Product or Service may change before an Order is placed.

10.6 When an Order is placed using Points, the relevant number of Points will be deducted from the Account.

10.7 An Order funded wholly by Points will not normally be accepted where the Account has insufficient Points.

10.8 Where supported by the Platform, an Order may be funded by a combination of Points and PAYG payment.

10.9 Points may not be sold, assigned, transferred or exchanged between Accounts without our prior approval.

10.10 Promotional, complimentary or bonus Points may be subject to separate conditions and may expire.

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11. REFUNDS OF POINTS

11.1 A purchase of Deposited Points is a prepayment for future business purchases and is generally non-refundable.

11.2 Where an Order paid using Points is cancelled and a refund is due under these Conditions, the refund will normally be made by restoring the appropriate number of Points to the Account.

11.3 Where an Order paid through PAYG is cancelled and a refund is due, the refund will normally be made to the original payment method or by credit note.

11.4 Points do not have a fixed cash redemption value.

11.5 If Servertastic permanently closes your Account for its own convenience and not because of:

  1. your breach of these Conditions;
  2. fraud or suspected fraud;
  3. unlawful activity;
  4. non-payment;
  5. misuse of the Platform; or
  6. another circumstance giving Servertastic a right to suspend or terminate,

we will refund the amount actually paid by you for any identifiable unused Deposited Points remaining on the Account.

11.6 Promotional, complimentary and bonus Points have no refundable cash value.

11.7 If you choose to close your Account, unused Points are not refundable unless Servertastic expressly agrees otherwise or applicable law requires a refund.

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12. INACTIVE AND ABANDONED ACCOUNTS

12.1 Servertastic may designate an Account as inactive where no Order or purchase of Points has taken place for an extended period.

12.2 We may introduce a reasonable account maintenance or inactivity charge where an Account containing Deposited Points remains inactive, provided that:

  1. the charge is clearly disclosed;
  2. reasonable notice is given before the charge is first applied; and
  3. the charge does not exceed the remaining Points balance.

12.3 Where an Account has had no activity for six years, we may treat the Account as abandoned and close it after making reasonable attempts to contact the Customer using the contact information held on the Account.

12.4 Any treatment of an unused Points balance will remain subject to applicable law.

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13. ORDER DELIVERY AND FULFILMENT

13.1 Delivery and fulfilment methods vary between Products and Services.

13.2 Products may be delivered by:

  1. providing a licence key, certificate, access code or other credential;
  2. making the Product available through the Platform;
  3. sending information electronically;
  4. calling an API or webhook;
  5. provisioning the Product directly with a Supplier; or
  6. another method specified for the Product.

13.3 Any delivery or performance time stated by Servertastic is an estimate unless expressly stated otherwise.

13.4 We may delay delivery until payment has been received or sufficient Points are available.

13.5 If we cannot supply an Order, we may cancel it and refund the amount paid or restore the Points deducted.

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14. SECURITY CERTIFICATES

14.1 Where you purchase a Security Certificate, Servertastic acts as a reseller or intermediary for the relevant certificate authority or Supplier.

14.2 Certificate issuance is subject to the policies, validation requirements, subscriber agreements and other requirements of the relevant Supplier.

14.3 A Supplier may refuse, delay, revoke or require additional validation before issuing a Security Certificate.

14.4 You and, where applicable, the End Customer are responsible for:

  1. supplying accurate certificate information;
  2. completing required validation;
  3. protecting private keys;
  4. complying with the applicable subscriber agreement; and
  5. installing, configuring and renewing certificates unless those activities form part of a Service purchased from Servertastic.

14.5 Servertastic is not responsible for a Supplier’s refusal to issue a certificate where that refusal is not caused by a breach of Servertastic’s obligations.

14.6 Where a Supplier refuses an Order and refunds or credits Servertastic, Servertastic will refund or credit the corresponding amount to the Customer.

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15. THIRD-PARTY PRODUCTS AND SERVICES

15.1 Many Products and Services available through Servertastic are owned, operated or supplied by third-party Suppliers.

15.2 Ownership of such Products remains with the relevant Supplier or its licensors.

15.3 Your use, and where applicable the End Customer’s use, of a Product may require acceptance of an End User Agreement.

15.4 You must not use or supply a Product in breach of an applicable End User Agreement.

15.5 Direct Services supplied by a Supplier are the responsibility of that Supplier.

15.6 Servertastic will provide reasonable assistance in communicating with a Supplier where appropriate but is not responsible for acts or omissions of the Supplier except to the extent that Servertastic is legally responsible for them.

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16. INSTALLATION, AUTOMATION AND MANAGED SERVICES

16.1 Where Servertastic agrees to install or configure a Product, you must provide the access, credentials, information and cooperation reasonably required to perform the work.

16.2 Unless expressly included in the Price, installation, configuration and consultancy work may be charged separately.

16.3 Additional work resulting from unusual infrastructure, third-party software, unsupported configurations or Customer-requested changes may incur additional charges.

16.4 Servertastic may provide automated or managed Services including certificate deployment, renewal, monitoring, DNS changes, vulnerability scanning and integration with third-party systems.

16.5 You authorise Servertastic to perform the automated actions which you enable through the Platform.

16.6 You are responsible for ensuring that you have authority to connect systems, domains, servers, APIs and third-party accounts to the Platform.

16.7 You must promptly revoke or update access credentials supplied to Servertastic where those credentials are compromised or no longer required.

16.8 Automated services depend upon third-party systems, networks, DNS, APIs and Suppliers. We do not warrant that every automated action will complete successfully or within a particular period.

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17. API USE

17.1 Where Servertastic provides API access, API credentials are associated with your Account and must be protected in the same manner as other Account credentials.

17.2 Orders submitted using valid API credentials will be treated as Orders submitted by the Customer.

17.3 You are responsible for the configuration and operation of software which you connect to our API.

17.4 You must not use the API:

  1. unlawfully;
  2. in a manner intended to bypass security controls;
  3. in a manner which adversely affects availability of the Platform;
  4. to attempt unauthorised access to data or systems; or
  5. contrary to published API documentation or reasonable usage limits.

17.5 We may implement rate limits and other technical restrictions necessary to protect the Platform.

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18. SUPPORT

18.1 Support is available through the support channels published by Servertastic.

18.2 Support availability, response targets and service levels are those published for the relevant Product or Service.

18.3 Unless expressly included within the Product or Service, Servertastic is not obliged to provide support for:

  1. third-party software not supplied by Servertastic;
  2. unsupported modifications;
  3. incorrect configuration by the Customer;
  4. Customer infrastructure faults;
  5. hardware faults;
  6. unsupported integrations; or
  7. use of a Product contrary to Supplier documentation.

18.4 We may agree to investigate such matters as chargeable consultancy or support work.

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19. CYBERSECURITY AND SCANNING SERVICES

19.1 Cybersecurity, monitoring and vulnerability scanning cannot guarantee that all vulnerabilities, threats or security incidents will be detected.

19.2 Cybersecurity threats evolve continuously and a system which appears secure at one point in time may subsequently become vulnerable.

19.3 Reports and alerts produced by Servertastic should therefore be treated as information to assist the Customer in managing risk and not as a guarantee that a system is secure.

19.4 Unless Servertastic has expressly agreed to perform remediation, the Customer remains responsible for deciding how to respond to vulnerabilities, warnings and recommendations identified through a Service.

19.5 You must only request scanning, testing or monitoring of systems for which you have permission to conduct those activities.

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20. CUSTOMER OBLIGATIONS

20.1 You must:

  1. provide complete and accurate information;
  2. cooperate reasonably with Servertastic;
  3. ensure you and your Account Users comply with these Conditions;
  4. maintain appropriate security over your Account;
  5. comply with applicable laws;
  6. comply with Supplier terms;
  7. ensure you have all permissions necessary for Orders submitted on behalf of End Customers; and
  8. pay amounts due when required.

20.2 You must not use Servertastic Products, Services or the Platform for unlawful, fraudulent, abusive or malicious purposes.

20.3 Where your failure to comply with this clause prevents or delays Servertastic from performing its obligations, Servertastic will not be responsible for the resulting delay or failure.

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21. INTELLECTUAL PROPERTY

21.1 Intellectual Property Rights in third-party Products remain with the applicable Supplier or licensor.

21.2 Intellectual Property Rights in the Servertastic Platform, Website, APIs, documentation, software and materials created by Servertastic remain with Servertastic or its licensors.

21.3 Nothing in these Conditions transfers ownership of Intellectual Property Rights to the Customer or an End Customer.

21.4 You must not, except where permitted by applicable law or the relevant licence:

  1. reverse engineer;
  2. decompile;
  3. disassemble;
  4. modify;
  5. copy; or
  6. redistribute

a Product, the Platform or other software supplied through Servertastic.

21.5 Permission to resell a Product is limited to the rights necessary to market, order and supply that Product in accordance with these Conditions.

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22. WARRANTIES AND REFUNDS

22.1 Servertastic warrants that it has the right to supply Products offered through the Platform.

22.2 Servertastic warrants that Services which it performs directly will be provided with reasonable skill and care.

22.3 If we supply an incorrect Product, we will use reasonable endeavours to replace it with the Product ordered or provide an appropriate refund or account credit.

22.4 Digital Products, licences and certificates are generally non-refundable once issued, activated or fulfilled unless:

  1. these Conditions expressly provide otherwise;
  2. a Product-specific refund or money-back guarantee applies;
  3. the applicable Supplier permits cancellation; or
  4. Servertastic is required by law to provide a refund.

22.5 Where a Product has a specific money-back guarantee, the applicable period and conditions will be stated with the Product.

22.6 Any refund relating to an Order paid with Points will normally be returned as Points.

22.7 Nothing in these Conditions requires Servertastic to provide a cash refund of Deposited Points except as expressly provided in clause 11 or required by law.

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23. DATA PROTECTION

23.1 Each party must comply with applicable Data Protection Legislation.

23.2 Servertastic may process personal data in different capacities depending upon the circumstances.

23.3 Where Servertastic processes information for its own purposes relating to Account administration, billing, fraud prevention, security, legal compliance or business operations, Servertastic may act as a data controller.

23.4 Where Servertastic processes personal data solely on documented instructions from the Customer in providing a Service, Servertastic may act as a data processor.

23.5 Where required, the parties will enter into or be subject to an appropriate data processing agreement containing the terms required by applicable Data Protection Legislation.

23.6 Where you provide personal data relating to an End Customer or another individual, you warrant that:

  1. you are authorised to provide the data;
  2. you have an appropriate lawful basis for its processing; and
  3. all required privacy information has been provided.

23.7 Personal data may be supplied to relevant Suppliers and service providers where necessary to fulfil an Order or provide a Service.

23.8 International transfers of personal data will be handled in accordance with applicable Data Protection Legislation.

23.9 Further information about Servertastic’s handling of personal data is contained in our Privacy Policy.

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24. CONFIDENTIALITY

24.1 Each party must keep confidential information received from the other party confidential and use it only for purposes connected with the Contract.

24.2 Confidential information may be disclosed to employees, contractors, professional advisers and service providers who need it for those purposes and are subject to appropriate confidentiality obligations.

24.3 Confidential information may also be disclosed where required by law, a regulator or a court of competent jurisdiction.

24.4 This clause survives termination of the Contract.

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25. SUSPENSION AND TERMINATION

25.1 You may cease using the Account at any time and may request closure of the Account.

25.2 We may suspend an Account, an Order, resale rights, API access or a Service immediately where we reasonably believe that:

  1. there has been a material breach of these Conditions;
  2. an amount due to Servertastic has not been paid;
  3. the Account has been compromised;
  4. fraudulent or unlawful activity has occurred or is suspected;
  5. continued access creates a material security risk;
  6. use of the Platform is adversely affecting other users or systems;
  7. suspension is required by a Supplier, certificate authority, payment provider, regulator or law enforcement authority;
  8. sanctions or export-control restrictions may apply; or
  9. suspension is otherwise reasonably necessary to protect Servertastic, a Supplier, Customer or End Customer.

25.3 Where a breach is capable of remedy, we will normally provide a reasonable opportunity to remedy it unless immediate suspension is reasonably necessary.

25.4 Either party may terminate an ongoing Service if the other party commits a material breach and fails to remedy that breach within 14 days after receiving written notice requiring it to do so.

25.5 We may terminate your Account immediately where:

  1. serious or repeated breaches occur;
  2. fraud or deliberate misuse occurs;
  3. you become insolvent or cease trading; or
  4. continued provision would be unlawful.

25.6 Servertastic may withdraw the right to place new resale Orders by providing reasonable notice where the withdrawal is not related to breach, fraud or legal requirements.

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26. CONSEQUENCES OF TERMINATION

26.1 Termination or closure of an Account does not affect rights and liabilities which arose before termination.

26.2 All outstanding amounts become immediately payable.

26.3 Orders completed before termination remain subject to their applicable Supplier terms and End User Agreements.

26.4 Closure of your Account does not automatically terminate an End Customer’s licence or certificate which has already been validly issued, unless the applicable Supplier terms provide otherwise.

26.5 On withdrawal or termination of resale rights, you must cease representing yourself as authorised to place new resale Orders through Servertastic.

26.6 The treatment of unused Deposited Points will be determined in accordance with clause 11.

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27. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

27.1 Nothing in these Conditions limits or excludes liability where it would be unlawful to do so, including liability for:

  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any liability which cannot lawfully be excluded.

27.2 Subject to clause 27.1, Servertastic will not be liable for:

  1. loss of profit;
  2. loss of revenue;
  3. loss of business;
  4. loss of anticipated savings;
  5. loss of goodwill;
  6. loss of contract;
  7. loss of business opportunity;
  8. loss or corruption of data; or
  9. indirect or consequential loss.

27.3 Servertastic is not responsible for loss resulting from:

  1. acts or omissions of a Supplier outside Servertastic’s reasonable control;
  2. failure by the Customer or End Customer to complete Supplier validation;
  3. loss or compromise of private keys or Customer credentials not caused by Servertastic;
  4. Customer configuration errors;
  5. unauthorised use of the Account resulting from the Customer’s failure to secure its credentials;
  6. failures of third-party systems, networks or APIs outside Servertastic’s reasonable control; or
  7. vulnerabilities or cyber threats which a cybersecurity or scanning Service could not reasonably have been expected to identify.

27.4 Subject to clause 27.1, Servertastic’s total aggregate liability arising out of or in connection with an Order or Contract will not exceed:

  1. for a claim relating specifically to a particular Order, the amount paid by the Customer to Servertastic for that Order; or
  2. for a claim relating to the Account, Platform or an ongoing Service generally, the total amount paid by the Customer to Servertastic during the 12 months immediately preceding the event giving rise to the claim.

27.5 Nothing in this clause limits the Customer’s obligation to pay amounts properly due to Servertastic.

27.6 This clause survives termination.

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28. CUSTOMER INDEMNITY WHEN RESELLING

28.1 Where you resell a Product or Service, you are responsible for your own acts and omissions in dealing with the End Customer.

28.2 You will indemnify Servertastic against reasonable losses, liabilities and costs arising from a third-party claim to the extent that the claim results from:

  1. a representation or warranty made by you which was not authorised by Servertastic or the Supplier;
  2. your breach of applicable law;
  3. your failure to account for taxes for which you are responsible;
  4. your failure to obtain required End Customer consent or authority;
  5. your misuse of a Product or Service; or
  6. your breach of these Conditions.

28.3 This indemnity does not apply to the extent that a claim was caused by Servertastic’s own breach, negligence or unlawful act.

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29. SALES OUTSIDE THE UNITED KINGDOM

29.1 Products and Services may be subject to local laws, sanctions, export restrictions, encryption controls, certificate requirements and other regulations.

29.2 You are responsible for determining whether you are legally permitted to purchase, use or resell a Product or Service in the relevant jurisdiction.

29.3 Servertastic may refuse or cancel an Order where we reasonably believe fulfilment could breach applicable law, sanctions or Supplier restrictions.

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30. FORCE MAJEURE

30.1 Neither party will be liable for delay or failure to perform an obligation where the delay or failure results from circumstances beyond that party’s reasonable control.

30.2 Such circumstances may include telecommunications failures, internet outages, cyberattacks, natural disasters, industrial disputes, government action, war, civil disturbance and failure of essential third-party infrastructure.

30.3 This clause does not excuse an obligation to pay an amount which became due before the relevant event.

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31. CHANGES TO PRODUCTS AND SERVICES

31.1 Products and Services supplied by third parties may be changed, withdrawn or replaced by Suppliers.

31.2 Servertastic may change the Platform or Services where reasonably necessary to:

  1. improve functionality;
  2. maintain security;
  3. comply with law;
  4. comply with Supplier requirements; or
  5. replace discontinued functionality.

31.3 Where a material change adversely affects a paid ongoing Service, we will use reasonable endeavours to provide advance notice where practicable.

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32. CHANGES TO THESE CONDITIONS

32.1 We may update these Conditions from time to time.

32.2 The Conditions in force when an individual Order is accepted will apply to that Order unless otherwise expressly agreed.

32.3 Changes relating to ongoing use of the Account, Platform, API, Points or Services may take effect after reasonable notice has been given.

32.4 Where a change materially affects Customers, we will provide notice through the Platform, Website, email or another appropriate method.

32.5 Changes will not retrospectively alter the price already paid for Deposited Points or an Order already accepted except where required by law, a Supplier requirement which must lawfully be passed on, or with the Customer’s agreement.

32.6 Continuing to use the Account after updated Conditions take effect constitutes acceptance of the updated Conditions in relation to future use and future Orders.

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33. NOTICES

33.1 Notices under these Conditions must be in writing.

33.2 Notices may be sent by email, through the Platform or by post.

33.3 Electronic notices will be treated as received on the next Working Day after transmission unless evidence demonstrates otherwise.

33.4 It is your responsibility to keep the primary email address associated with your Account current.

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34. GENERAL

34.1 Assignment. You may not assign your rights or obligations under these Conditions without our written consent. Servertastic may assign its rights and obligations as part of a business transfer, restructuring or similar transaction.

34.2 Waiver. A failure or delay in enforcing a right does not constitute a waiver of that right.

34.3 Severance. If any provision is found to be unlawful or unenforceable, it will be modified or removed to the minimum extent necessary and the remainder of these Conditions will continue in effect.

34.4 Entire agreement. These Conditions, together with the Order, applicable Supplier terms and any documents expressly incorporated into them, constitute the agreement between the parties concerning their subject matter.

34.5 Third-party rights. Except where expressly stated otherwise, no person who is not a party to the Contract has a right to enforce these Conditions under the Contracts (Rights of Third Parties) Act 1999.

34.6 Language. These Conditions are made in the English language. If translated, the English version will prevail in the event of inconsistency.

34.7 No agency. Nothing in these Conditions creates a partnership, joint venture, fiduciary relationship or agency between Servertastic and the Customer.

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35. GOVERNING LAW AND JURISDICTION

35.1 These Conditions and any Contract arising under them are governed by the laws of England and Wales.

35.2 The courts of England and Wales have exclusive jurisdiction to settle disputes or claims arising out of or in connection with these Conditions, the Account or any Contract, including non-contractual disputes or claims.

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Servertastic Limited
Registered in England and Wales
Company Number: 04982077

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Servertastic Limited is registered in England and Wales.
Registered Company Number: 04982077
VAT Number: GB125485804

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