Terms & Conditions
This page tells you the terms and conditions on which we
supply our services described on our website www.cloudscape.tr to you
(“Services”). Our primary services are website hosting service (“Hosting
Service”) or a domain name registration and renewal service (“Domain
Registration and Renewal Service”)
Please read these terms and conditions carefully before
ordering any Services from our website. By ordering any of our Services, you
will be bound by these terms and conditions. Refusal to accept these Terms and
Conditions will result in no Services from our website being able to be
ordered. Our Data Processing Agreement under the European General
Data Protection Regulation (GDPR) forms part of these terms and conditions. We
would recommend you read through the terms carefully, printing a copy of your
records if required.
- 1.1. www.cloudscape.tr is a site operated by CloudScape
Limited (“we”, “us” and “our”).
- Please note that by placing an order for the Services,
you consent to us sending to you our regular newsletter by email. This
forms our primary method of communicating with you and will inform you of
any changes to our services, billing, planned maintenance and account
access information.
- 1.2 Contracts for the purchase of Services through our
site will be governed by English law. Any dispute arising from, or
related to, such the Contract shall be subject to the exclusive
jurisdiction of the courts of England and Wales. English is the language
offered for the conclusion of the contract between us both
- 2.1. By placing an order through our website, you warrant
that:
- 2.1.1. you are legally capable of entering into binding
contracts
- 2.1.2. you are at least 18 years old.
- 2.2. If you are acting on behalf of a company or other
business, you further warrant that you personally have the authority to
bind that company or business on whose behalf you are placing an order.
- 3.1. You can only place an order with us for Services
once you have successfully registered an account with us. Information
that you provide while registering an account with us must be complete
and accurate. By creating an account you agree that we may block access
to the account and the Services we supply if we reasonably believe that
the information you have supplied is inaccurate. You must keep your user
name and password private at all times and not allow anyone else to use
it. You must contact us should you believe that your username or password
has become known to someone else.
- 3.2. Before you submit an order you will be shown a
summary on screen including details of the Services you have wish to
order and the price payable. There will be an option to amend/correct and
errors before proceeding to completion of the order.
- 3.3. Before being able to submit an order you will be
required to register a credit or debit card. We also accept paperless
direct debit, however you may need to use a credit or debit card on your
first order.
- 3.4. Once an order has been placed, we will provide you
with confirmation of the Services you have ordered. This confirmation
will be sent to the email address registered to your account. Copies of
previous invoices will be stored on your account.
- 4. How the contract is formed between you and us
- 4.1. After placing an order, you will receive an e-mail
from us accepting your order and, if appropriate, letting you know that
the Hosting Service you have purchased has been activated (“Acceptance
Confirmation”). Your order constitutes an offer to us to buy our Services
and all orders are subject to our acceptance.
- 4.2. The contract between us (“Contract”) will only be
formed when we send you the Acceptance Confirmation. We may also decline
your order for the Services for any reason, in which case we will tell
you so.
- 4.3. The Contract will relate only to those Services we
have confirmed in the Acceptance Confirmation. We will not be obliged to
supply any other Services which may have been part of your order until
such Services have been confirmed.
- 5.1. We may provide links on our site to the websites of
other companies, whether affiliated with us or not. We cannot give any
undertaking that products or services you purchase from companies to
whose website we have provided a link on our website will be of
satisfactory quality, and any such warranties are disclaimed by us
absolutely.
- 5.2. Any disclaimer does not affect your statutory rights
against the third party seller.
- 6.1. If you are buying as a consumer (i.e., not within
the course of your business), ordinarily, the Consumer Contract
Regulations 2013 allow you to cancel the Contract at any time within 14
working days, beginning on the day after you received the Acceptance
Confirmation.
- 6.2. However, by placing your order for the Services, you
agree to us starting supply of those Services before the end of the seven
working day cancelation period referred to here. As such, you will not
have the right to cancel the Contract under the Consumer Contract
Regulations 2013
- 6.3. This provision does not otherwise affect your
statutory rights.
- 7. Our limited money back guarantee
- 7.1. Once the Contact has been formed you may cancel the
Contract in relation to the Hosting Service you have purchased.
- 7.2. In such cases, you may cancel at any time within 30
days, beginning on the day after you received the Acceptance
Confirmation. If you do so, you will receive a full refund of the price
paid for the Hosting Service you have canceled. We will refund the price
you have paid to the credit card, debit card or other account you used to
make that payment. No other refund will be made. Limited to one per
customer.
- 7.3. To cancel the Contract you must inform by raising a
support ticket before the end of the 30 day period mentioned in clause
G(b) above. As part of our ccancelationprocess, we will respond to you to
confirm your cacancelationequest. You must re-confirm your
cancancelationquest by replying to this confirmation or we will continue
to supply the Hosting Service and your canccancelationl be ineffective.
This is to ensure that we do not delete any data you need to retain.
- 7.4. In summary, the Services which may not be
ccanceledunder the limited money back guarantee include (but are not
limited to):
- 7.4.1. Domain Registration and Domain Registration
Renewals.
- 7.4.2. Private SSL certificates.
- 7.4.3. Virtual Nameservers and other ‘add on’ products.
- 7.4.4. Virtual Private Servers (VPS) and associated
products.
- 8.1. The price of any Services will be as quoted on our
website (exclusive of VAT).
- 8.2. The total cost of your order of the Services will be
set out clearly before you submit your order for the Services.
- 8.3. Prices are liable to change at any time. We will
notify you of a change in our prices at least 14 days before the price
increase comes into force. If you do not cancel you will be deemed to
have accepted the new prices, and they will be charged to your account.
- 8.4. Due to the number of Services offered for sale, it
is possible that despite our efforts some Services may be incorrectly
priced. We deal with these situations accordingly:
- 8.4.1 Where a Service’s correct price is less than our
stated price, we will charge the lower amount when accepting your order;
- 8.4.2 If a Service’s correct price is higher than the
price stated on our website, we will normally, contact you for
instructions before accepting your order; and
- 8.4.3 We are under no obligation to provide the Services
to you at the incorrect (lower) price, even after we have sent you an
Acceptance Confirmation
- 8.5. We reserve the right to seek to recover any
outstanding amounts due by you by other means, including referring the
debt to an external debt recovery agent if necessary. If this method is
sought, you may become liable for additional fees and charges and you
agree to pay such charges in addition to the outstanding amount owed to
us.
- 8.6. Time for payment shall be of the essence. No payment
shall be deemed to have been received until we have received cleared
funds. If your chosen method of payment is not authorized by your credit
card provider or bank, you hereby authorize us to seek payment from any
other credit card, debit card or direct debit registered against your
account.
- 8.7. If we fail to authorize payment your account may be
suspended.
- 9.1. We warrant that (subject to the other provisions of
these terms and conditions) any Services purchased from us through our
website will be provided with reasonable care and skill.
- 9.2. We will not be liable for a breach of the warranty
provided above unless:
- 9.2.1. you give written notice of the breach to us
- 9.2.2. we are given a reasonable opportunity after
receiving the notice of examining our provision of the Services to you
- 9.2.3. the problem arises because you failed to follow
our oral or written instructions as to the use of the Services (if there
are any)
- 9.2.4. you alter the Services without our written
consent
- 9.2.5. the problem arises because of misuse
- 9.3. If we are in breach of the warranty in accordance
with the clause above we will, use all reasonable commercial efforts to
remedy the breach promptly or refund the price of the Services at the pro
rata Contract price.
- 9.4. By accepting these terms, you acknowledge that you
have not relied on any statement, promise or representation made or given
by or on our behalf which is not set out on our website or otherwise
confirmed in writing by us. Nothing in this clause will exclude or limit
our liability to you for fraudulent misrepresentation.
- 10. Access to the Hosting Service
- 10.1. It is your responsibility to ensure that necessary
arrangements for access to our Hosting Services are in place.
- 10.2. You are also responsible for ensuring that all
persons who access our Services through your Internet connection are
aware of these terms and conditions (and in particular our acceptable use
policy).
- 11. Hosting Service service levels
- 11.1. We do not warrant access to our servers will be
uninterrupted or error free but we shall use reasonable endeavors to keep
downtime to a minimum.
- 12.1. You will have no right, title or interest in any
internet protocol address (“IP address”) allocated to you throughout use
of upon the expiry or termination of Services.
- 12.2. Any IP address allocated to you is allocated as
part of the Hosting Service you purchased and is not portable or
otherwise transferable by you in any manner whatsoever.
- 12.3. If an IP address is re-numbered or re-allocated by
us, we shall use our reasonable eendeavorsto avoid any disruption to you.
- 13. Back-up of your material and our servers
- 13.1. It is your responsibility to maintain appropriate
and up-to-date back-up copies of any data, information or other material
you upload onto our servers as part of your use of the Hosting Services.
We provide free tools to make website and database backups in our control
panels. In the event of loss of or damage to your material, you will not
be given access to the server back-up we maintain pursuant to our
archiving procedure.
- 13.2. We will follow our archiving procedures for the
data stored on our servers.
- 13.3. We will not be responsible for any loss,
destruction, alteration or disclosure of your Material caused by you or
any third party.
- 14. Hosting Service usage limitations
- 14.1. The Hosting Service package you order includes the
per calendar month bandwidth allowance applicable to that hosting package
as this is set out on this website at the time of your order.
- 14.2. The Hosting Service you have ordered will be
automatically suspended if this monthly bandwidth allowance is exceeded.
If this happens, you may upgrade your Hosting Service package to one
which includes a higher monthly bandwidth allowance, or wait for the
Hosting Service to resume at the start of the following calendar month.
You can monitor your monthly bandwidth usage in our control panel.
- 14.3. Unless the Hosting Service package you order
includes a virtual private server, you will only be allowed to use a
maximum of 10% of our server’s processing capacity when using the Hosting
Service package you order.
- 14.4. We may allow your usage to exceed this CPU
limitation, and we will speak to you about your hosting requirements if
your usage has a detrimental effect on our other customers. Please note
that this right is at our absolute discretion,
- 14.5. The Hosting Service package you order includes the
number of mailboxes applicable to that hosting package as this is set out
on our website at the time of your order.
- 14.6. Any mailboxes that have not been accessed for 100
clear days will be automatically deleted from our system.
- 14.7. When using the Services, you must comply with our
Terms of Website Use and our Acceptable Use Policy. Any conflict between
our terms of website use and these terms and conditions, will be resolved
in favor of these terms and conditions.
- 14.8. A breach of either the Website Terms of Use or
Acceptable Use policy will entitle us to terminate the provision of
Services to you.
- 15.1. Our support team will help resolve any problems you
have with the Services you are receiving. We will not provide programming
support to you, but, as part of our Hosting Services, our servers are
compatible with many programming languages.
- 15.2. We do not provide telephone technical support.
Support is provided via online support ticket or online chat.
- 16.1. Where the Contract includes our Domain Registration
and Renewal Service:
- 16.1.1. we will endeavor to procure the registration of
the domain name you request
- 16.1.2. we will not be liable in the event that the
relevant domain name registry refuses to register the domain name you
request, or subsequently suspends or revokes any registration for that
domain name.
- 16.1.3. we shall not act as your agent or on your behalf
in any dealings with domain name registry.
- 16.1.4. the registration of the domain name you request
and its ongoing use is subject to the relevant domain name registry’s
terms and conditions of use which you should consider.
- 16.1.5. you are responsible for ensuring that you are
aware of the terms so that you can comply with them.
- 16.1.6. the domain name you request will only have been
successfully registered when you appear as the registrant on the
appropriate “whois” database of the top level domain name registrar.
- 16.1.7. we shall have the absolute discretion to require
you to select a replacement domain name to the one you have requested to
be registered, and may suspend or terminate our performance of the
Domain Registration and Renewal Service, if, in our opinion, there are
reasonable grounds for us to believe that your current choice of name
is, may or is likely to be in bad faith, breach of the provisions of
these terms and conditions or any legal or regulatory requirement.
- 16.1.8. you confirm and warrant that you are the owner
of any trade mark in any domain name (or have the authority of the owner
of any trade mark to use such name) that you have requested be
registered.
- 16.2. You confirm and warrant that you are the legal
owner of any domain name (or have the authority of the legal owner to use
such domain name) supplied by you, or otherwise authorized by you, for
use as a domain name in connection with any website in relation to which
the Hosting Service supplied to you is used.
- 16.3. Once the domain name has been successfully
registered, it will need to be renewed periodically to ensure you retain
your registration of it. We will send you renewal notices 30 days and 7
days before the renewal date of your registered domain name. These
notices will be sent to the email address then registered against your
account.
- 16.4. You hereby authorize us to automatically renew the
domain name for you unless you have cacanceledhe Domain Registration and
Renewal Service in accordance with these terms and conditions.
- 16.5. The price for the renewal will be as set out in the
renewals page of the customer administration area and will be charged
against one of the payment methods then registered against your account.
- 16.6. You acknowledge and agree that we may place a
number of locks on any domain registered with us either at the time of
registration or at any time thereafter and without further notice to you.
- 17. Intellectual property rights
- 17.1. You, retain all intellectual property rights in
your material, and you grant to us a worldwide, non-exclusive, royalty
free license to use, store and maintain your material on our servers and
publish it on the Internet for the purpose of providing the Hosting
Service to you.
- 17.2. You warrant that your material does not infringe
the intellectual property rights of any third party and you have the
authority to grant the license to us. We may make such copies as may be
necessary to perform our obligations, including making back-up copies of
your material.
- 17.3. You will defend, indemnify and hold us harmless
against claims, actions, proceedings, losses, damages, expenses and costs
(including without limitation court costs and reasonable legal fees)
arising out of or in connection with your use of the Services or of any
claim or action that your material infringes, or allegedly infringes, the
intellectual property rights of a third party.
- 17.4. If you download software from our website, we grant
you a non-exclusive, non-transferable royalty free license to use that
software for the purpose set out on our website in relation to that
software. Such license will automatically terminate when we terminate
providing the Hosting Services to you.
- 17.5. Any third party software that you download from our
website shall be licensed to you on the standard software license terms
of the owner of the intellectual property rights in that third party
software as those license terms are notified to you at the time you
download such software.
- 17.6. We retain all intellectual property rights in the
Hosting Services (other than in your material) and our software. You must
not decompile, disassemble the Hosting Services or our software.
- 17.7. We will defend you against any claim that the
Hosting Services infringe any United Kingdom intellectual property rights
of a third party, and shall indemnify you for any amounts awarded against
you in judgment or settlement of such claims, provided that:
- 17.7.1. you give prompt notice of any such claim.
- 17.7.2. you make no admissions or settlements without
our prior written consent.
- 17.7.3. you provide reasonable co-operation to us in the
defense and settlement of such claim, at your expense.
- 17.7.4. we are given sole authority to defend or settle
the claim.
- 18.1. We do not monitor and will not have any liability
for your material or any other communication you transmit by virtue of
the Hosting Services.
- 18.2. Due to the public nature of the Internet, we shall
not be liable for the protection of the privacy of electronic mail or any
other information transferred through the Internet or via any network
provider
- 18.3. No guarantee or representation is given that the
Hosting Services will be free from security incidents or unauthorized
users.
- 18.4. All conditions, terms, representations and
warranties that are not expressly set out in these terms and conditions
(or the documents referred to in them) are hereby expressly excluded.
- 18.5. We do not exclude or limit in any way our
liability:
- 18.5.1. for death or personal injury caused by our
negligence;
- 18.5.2. under section 2(3) of the Consumer Protection
Act 1987
- 18.5.3. for fraud or fraudulent misrepresentation
- 18.5.4. for any matter for which it would be illegal for
us to exclude, or attempt to exclude, our liability.
- 18.6. We will not be responsible for the following types
of losses (in each case whether direct, indirect or consequential) and
whether they are caused by our negligence or otherwise:
- 18.6.1. loss of income or revenue.
- 18.6.2. loss of business.
- 18.6.3. loss of profits or contracts.
- 18.6.4. loss of anticipated savings.
- 18.6.5. loss of goodwill.
- 18.6.6. loss of software or data.
- 18.6.7. wasted expenditure (such as pay per click
advertising costs).
- 18.6.8. wasted management or office time.
- 18.7. Subject to these terms and conditions, our maximum
aggregate liability under or in connection with the performance or
contemplated performance of the Contract, whether in contract, tort
(including negligence) or otherwise, shall in no circumstances exceed
100% of the price you have paid to us for the Services during the 12
months preceding the event giving rise to the liability in question.
- 18.8. You are advised to acquire business interruption
insurance, or other appropriate insurance, to protect you and your
business in the event of interruption of the Services (in particular the
Hosting Service).
- 18.9. Where you buy any product or service from a third
party seller through following a link on our website to such third
party’s website, the seller’s individual liability will be set out in the
seller’s terms and conditions. You should consult such terms and
conditions.
- 19. Duration of the Services and cancecancelation
- 19.1. The part of the Contract relating to our Domain
Registration and Renewal Service will commence on the date we send you
our Acceptance Confirmation. It will continue until:
- 19.1.1. we have registered the domain name you have
requested (the “Domain Name”) and you subsequently ask us not to renew
the registration of your Domain Name
- 19.1.2. we terminate the supply of our Domain
Registration and Renewal Service by notice to you because:
- 19.1.2.1. the Domain Name is no longer available for
registration
- 19.1.2.2. you are in breach of the terms and
conditions herewith
- 19.1.2.3. of some other reason preventing the
registration of the Domain Name.
- 19.2. If we terminate the Domain Registration and
Renewal Service under the clauses of this agreement, we will refund the
price you have paid for the Domain Registration and Renewal Service to
the credit card, debit card or other account you used to make the
payment.
- 19.3. That part of the Contract relating to Services
other than our Domain Registration and Renewal Service will commence on
the date we send you our Acceptance Confirmation. Unless such Services
are terminated as provided for in this clause they shall continue for the
minimum period of time that applies to the Service you have purchased
(“Minimum Term”). After expiry of the Minimum Term, they will continue on
a month to month basis until terminated:
- 19.3.1. by you, as a Consumer, informing us of your
decision to cancel the Contract by a clear statement. This should be via
online support ticket or support live chat;
- 19.3.2. by you, as a Business customer, informing us
of your decision to cancel the Contract. This should be via online
support ticket or support live chat
- 19.3.3. by us giving to you at least 30 days advanced
notice in writing sent to the then current email address registered
against your account
- 19.3.4. by exercising your right as a Consumer, to
cancel the Contract(s) within the “cooling off period” i.e. within 14
days of purchase.
- 19.3.5. To meet the cancelcancelationine, it is
sufficient for you to send your communication concerning your exercise
of the right to cancel before the cancellcancelation has expired. We
request that you do this at least two working days before the cancellacancelationlease
note that the Cooling Off period only applies to Consumers, not Business
Customers.
- 19.4. As part of our cancellatcancelation you must
re-confirm your cancellaticancelationia our support ticket system or
support live chat system or we will continue to supply the relevant
Services and your cancellatiocancelationeffective. You cannot cancel any
of your Services by letter, email or telephone.
- 19.5. The monthly price for Services we supply under
Contracts that continue on a month to month basis shall be charged
monthly in advance directly to a credit card, debit card, paperless
direct debit or other payment method registered against your account.
Such payment will be taken on the same date of the month (or if no such
date occurs then on the last day of the month) as on which the Services
had originally commenced (“Payment Date”) unless or until you cancel the
Services in accordance with these terms and conditions.
- 19.6. We will not provide you with a refund for a
cancellationcancelationt-way through a billing period.
- 19.7. Without prejudice to any other right to
terminate or suspend the Services we may have under these terms and
conditions, our Terms of Website Use or our Acceptable Use Policy we may
terminate the Contract at any time by giving you 30 days’ advance notice
by emailing you at the email address registered against your account.
- 19.8. If we cancel the Services, we will refund to you
the price you have paid for the Services on a pro-rata basis for the
unexpired Minimum Term
- 19.9. Notwithstanding anything to the contrary in
these terms and conditions, if you are in breach of an obligation of
these terms and conditions we may terminate the Contract by 7 days’
notice to you.
- 19.10. Expiry or termination of the Contract shall be
without prejudice to any rights and liability of either of us arising in
any way under that Contract as at the date of expiry or termination.
- 20. Deletion of your data
- 20.1. If you cancel your Services, any data we hold or
host in relation to the Services you have cancanceledll be immediately
and permanently deleted from our system.
- 20.2. Accordingly, you are strongly advised to make
appropriate copies of such data before you cancel your Services.
- 21.1. Additional terms and conditions may apply for our
offers. If so, you will be advised of them at the relevant point.
- 22. Written communications
- 22.1. Applicable laws require that some of the
information or communications we send to you should be in writing. When
using our website, you accept that communication with us will be mainly
electronic.
- 22.2. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes,
you agree to this electronic means of communication and you acknowledge
that all contracts, notices, information and other communications that we
provide to you electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
- 23.1. All notices given by you to us must be given though
our online system.
- 23.2. We may give notice to you at either the then
current e-mail or postal address registered against your account with us.
- 24. Third party rights and transfer of rights and
obligations
- 24.1. Neither you nor we intend that any term of the
Contract will be enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by any person that is not a party to it.
- 24.2. The Contract is binding on you and us and on our
respective successors and assigns.
- 24.3. You may not transfer, assign, charge or otherwise
dispose of the Contract, or any of your rights or obligations arising
under it, without our prior written consent.
- 24.4. We may transfer, assign, charge, sub-contract or
otherwise dispose of the Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
- 25. Events outside our control
- 25.1. We will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations
under the Contract that is caused by events outside our reasonable
control (“Force Majeure Event”).
- 25.2. A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
- 25.2.1. misuse, alteration or interference by you or any
third party of our servers or systems (including virus and hacker
attacks);
- 25.2.2. strikes, lock-outs or other industrial action;
- 25.2.3. civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war;
- 25.2.4. fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster;
- 25.2.5. impossibility of the use of public or private
telecommunications networks; and
- 25.2.6. the acts, decrees, legislation, regulations or
restrictions of any government.
- 25.3. Our performance under the Contract will be deemed
to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration
of that period. We will use our reasonable enendeavorso bring the Force
Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
- 26.1. If we fail, at any time during the Contract, to
insist upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under the
Contract, this shall not constitute a waiver of such rights or remedies
and shall not relieve you from compliance with such obligations.
- 26.2. A waiver by us of any default shall not constitute
a waiver of any subsequent default.
- 26.3. No waiver by us of any of these terms and
conditions shall be effective unless it is expressly stated to be a
waiver and is communicated to you in writing.
- 27.1. If any of these terms and conditions or any
provisions of the Contract are determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such term, condition
or provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the fullest
extent permitted by law.
- 28.1. These terms and conditions and any document
expressly referred to in them represent the entire agreement between us
both in relation to the subject matter of any Contract and supersede any
prior agreement, understanding or arrangement between us, whether oral or
in writing.
- 28.2. We each acknowledge that, in entering into the
Contract, neither of us has relied on any representation, undertaking or
promise given by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly stated
in these terms and conditions.
- 28.3. Neither of us shall have any remedy in respect of
any untrue statement made by the other, whether orally or in writing,
prior to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party’s only remedy shall be for breach of
contract as provided in these terms and conditions.
- 29. Changes to our terms and conditions
- 29.1. We have the right to revise and amend these terms
and conditions from time to time.
- 29.2. You will be subject to the policies and terms and
conditions in force at the time that you order services from us, unless
any change to those policies or these terms and conditions is required to
be made by law or governmental authority (in which case it will apply to
orders previously placed by you).
- 29.3. No variation of these terms and conditions shall be
valid unless it is in writing and signed on our behalf.
