Terms of service

1. Who we are

MyExchangeServer is a trading name of E-Consulting Ltd, registered in England and Wales, with its registered office at Unit 11 Maple Business Park, Birmingham, B7 5ET. References to "we", "us" and "our" mean E-Consulting Ltd. References to "you" mean the business customer named on the order.

2. The service

We provide hosted Microsoft Exchange mailboxes and associated services as described on this website and confirmed in your written quote. Each licensed mailbox includes 50 GB of storage as standard, together with the features listed on our features page at the time of your order.

Shared, room and equipment mailboxes, distribution and security groups, additional accepted domains and email aliases are included at no additional charge and are not counted as licensed mailboxes.

3. Term and cancellation

Unless your quote states otherwise, the service is provided on a rolling monthly basis with no minimum term. Either party may terminate by giving 30 days written notice. Where you have chosen annual billing, the discounted rate applies for the twelve-month period paid for; cancellation within that period does not generate a refund of the unused portion, but no further charges arise.

On termination we will, at your request and at no charge, export your mailboxes to PST format or provide reasonable assistance to a migration to another provider. Mailbox data is retained for 30 days after termination and is then securely deleted, together with its backups, within a further 30 days.

4. Charges and payment

Charges are as set out in your written quote. All prices exclude VAT, which is charged at the prevailing rate. Invoices are issued monthly in advance (or annually in advance where that option is taken) and are payable within 14 days by direct debit or bank transfer.

Mailboxes added during a billing period are charged pro rata. Mailboxes removed during a billing period are credited pro rata against the following invoice. We will give at least 60 days written notice of any change to recurring charges for monthly customers; annual customers are not subject to price changes within a paid period.

We may suspend the service where an invoice remains unpaid more than 30 days after its due date, having given at least 7 days written notice of our intention to do so.

5. Your responsibilities

• Keeping account credentials secure, and notifying us promptly of any suspected compromise.
• Ensuring your use of the service complies with our acceptable use policy.
• Ensuring that the individuals to whom you allocate mailboxes are made aware of the relevant terms.
• Maintaining accurate contact and billing details.
• Administering your own organisation responsibly where you use the SolidCP control panel, including the consequences of deleting a mailbox.

6. Availability and service levels

We commit to the availability targets and response times set out in our service level agreement, which forms part of these terms. Service credits under that agreement are your exclusive remedy for failure to meet the availability target.

7. Data protection

In providing the service we act as a data processor and you act as a data controller in respect of the personal data contained in your mailboxes. Our processing is governed by a data processing agreement which is provided on request and which forms part of these terms. Our handling of your data is described in our privacy policy.

All mailbox data, replicas and backups are stored and processed within the United Kingdom, and support is delivered by our own personnel in the United Kingdom.

8. Backups and recovery

We take daily backups held separately from the production platform, retained for 30 days. Deleted items and deleted mailboxes are recoverable for 30 days. Backups are provided as a resilience measure for the platform; they are not a substitute for your own retention or archiving obligations, and we recommend that customers with statutory retention requirements discuss archiving or journaling with us.

9. Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

Subject to that, our total liability arising out of or in connection with the service, whether in contract, tort (including negligence) or otherwise, is limited in aggregate to the charges paid by you in the twelve months preceding the event giving rise to the claim. We are not liable for loss of profit, loss of business, loss of anticipated savings, or any indirect or consequential loss.

10. Third-party software

The service is delivered using Microsoft Exchange Server and the SolidCP control panel. Your use of that software is subject to the relevant third-party licence terms, which we will provide on request. Microsoft, Exchange, Outlook and Microsoft 365 are trademarks of the Microsoft group of companies; we are an independent hosting provider and are not affiliated with, endorsed by or sponsored by Microsoft Corporation.

11. Changes to these terms

We may update these terms from time to time. Where a change materially affects your rights we will give at least 30 days written notice, and you may terminate without penalty within that period if you do not accept the change.

12. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.