- A. These terms and conditions set out the agreement between you (the customer) and us (Cloud Assist).
- B. By placing an order with Cloud Assist, you confirm that you are in agreement with and are bound by the Terms and Conditions detailed below.
- C. Cloud Assist will only commence work after receipt of a 50% deposit of the full price unless stated otherwise. The second and final payment will be due on completion of the project or, in the case of a website, when the website is live on the Internet. An order is deemed to be a written or verbal contract (including telephone and email agreements) between Cloud Assist and the customer.
- D. Cloud Assist will not be liable for any costs incurred, loss of earnings or compensation due to failure to meet deadlines.
- E. Please refer to the Memorandum of Understanding for details of ours and yours obligations under this agreement.
2. Website Content
- A. Cloud Assist expects the customer to have carried out sufficient research into the nature/idea for their website. This includes checking that the website will operate legally within UK law and that the website content is legal.
- B. Cloud Assist is in no way responsible for the content of its customer's websites. This includes any copyright infringements caused by content or materials submitted by its customer's.
- C. Cloud Assist are not liable for loss, damage or corruption to any files and/or information stored on our servers relating to a customer's website.
- D. Images that have been purchased by Cloud Assist for use on a customer's website are strictly for the use on the website only. Cloud Assist cannot be held responsible for the misuse of the images by the customer or any other person(s) altering, copying or distributing the images.
- E. Cloud Assist may undertake work for customers that are in the same business sector as other customers that have previously had websites developed by us.
3. Domain Names
- A. Cloud Assist can purchase domain names on behalf of customers. The hosting of these domain names can also be performed by us both with and without a website attached. It is the responsibility of the customer to ensure that a domain name does not infringe any trademarks or copyrights and indemnifies us against any action that may be taken to recover a domain name. Transfer of a domain name and any cost ensuing including legal cost will be the responsibility of the customer. Ownership of a domain name will not be passed to the customer until all outstanding payments are made. The ownership of a domain name passes to Cloud Assist if all non-disputed debts are overdue by more than 120 days.
- B. We will hold a domain name on behalf of a customer and will direct that domain name to websites and for use with email forwarding, etc. The domain name may be transferred to another company at any time at our standard charge prevailing at the time (£100 at the time of writing), providing all payments of outstanding accounts are complete.
4. Website Hosting
- A. Cloud Assist provides website hosting via a third party. Whilst we will endeavour to provide a professional and reliable service to the customer at all times we do not guarantee that the website will be available at all times and will not be liable for any losses incurred, costs, compensation or loss of earnings due to the website being unavailable. This may include such things as a technical failure or power cut, which are beyond our control.
- B. Website hosting renewal is due on an annual basis payable in advance. The renewal date is one year from the date the service went Live and notice may be given up to one month before the anniversary of the hosting. Cloud Assist reserves the right to suspend a service if an account is more than 30 days overdue without any further notice.
5. Email Forwarding
- A. We may be unable to forward email from your domain (for example firstname.lastname@example.org) to certain free email providers. This is because when emails are forwarded from our mail servers to free email providers, many of these emails are being marked/flagged as spam, despite the spam emails not being sent from our servers. This is resulting in our mail servers being blacklisted and stopping genuine emails from being sent.
These free email providers include the following:
- @yahoo.com / yahoo.co.uk
- @aol.com / aol.co.uk
- @hotmail.com / hotmail.co.uk
- @live.com / live.co.uk
- @gmail.com / googlemail.com
- B. Instead, we recommend you providing us with alternate email addresses such as those provided by your ISP. If this is not possible we may be able to host mailboxes on your behalf on our hosted servers at addition cost - please contact us for further information.
6. Search Engine Optimisation
- A. Cloud Assist provide a number of services to submit web sites to search engines. This agreement recognises that the nature of Search Engines change on a weekly basis. Cloud Assist shall not give any guarantees on the outcome of promotion of a domain name and website to search engines. If a website does not appear in a search engine for any reason the company will in no way be held responsible.
7. Applications / E-commerce and Database Driven Websites
- A. Whilst every effort will be made to ensure that websites, scripts and programs are error free and accurate, Cloud Assist cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it and the ultimate responsibility lies with the customer to ensure that the software is functioning correctly before use.
8. IPR (Intellectual Property Rights)
- A. All intellectual property rights in any design work specifically produced for the customer will be transferred to them on payment of final invoice. A license is issued to the customer for use of the systems and any applications produced for the hosting period on payment of the invoices for the project. As all systems are designed for Cloud Assist specific hosting environment, email, security, ecommerce and other systems, the systems will only be warranted to work on Cloud Assist hosting. On agreement and on further work some systems may be available on external hosts. In no circumstances will Cloud Assist allow its package modules to be hosted on external systems unless under the control of Cloud Assist in order to protect its IPR.
- B. All data stored on a website is owned by the customer. This includes databases of customers, suppliers, advertisements and documents. It is the responsibility of the customer to manage the rights under data protection of all data on the website.
9. Digital Imagery
- A. Images on a website must have the correct rights to be used. Images can be sourced in a number of ways. It is the responsibility of the customer to ensure imagery they supply can be used on the website.
10. Limitations of Liability
- A. In no event (death or personal injury excepted) will Cloud Assist be liable to the customer for any indirect, incidental or consequential damages arising out of the services or any products provided under this agreement, even if Cloud Assist has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the customer. Cloud Assist liability to the customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 100% of the fees paid for the prior 12 months.
11. Termination of Services
- A. The service may be terminated or suspended by Cloud Assist at any time where:
- The customer is in breach of any of the conditions of this agreement
- The customer becomes insolvent
- Invoices are more than 30 days overdue
- B. The contract may be terminated by the customer:
- Immediately, if Cloud Assist is in breach of any of the conditions of this agreement
- Up to 1 month before the anniversary of the hosting, by sending a notice
- All terminations of services by the Customer or Cloud Assist must also be communicated by a written notice
12. Force Majeure
- A. Neither party shall be liable to the other if its performance of its obligations under this agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.
- A. Should any part of this agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. This agreement is governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdictions of the courts of England and Wales. This agreement shall be binding upon an inure to the benefit of each party and their respective heirs, successors and assigns.
14. Data Protection Act
- A. It is the responsibility of the customer to register under the data protection act if necessary for the storage and transmission of data. Any data collected and transmitted on via the web site is the sole ownership of the customer and as such the customer is responsible for the legal use of that data.
- A. The information contained in this website is for general information purposes only. The information is provided by Cloud Assist and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- B. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- C. Through this website you are able to link to other websites which are not under the control of Cloud Assist. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- D. Every effort is made to keep the website up and running smoothly. However, Cloud Assist takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Last updated: 10/02/2013