1. Agreement
These Terms of Service ("Terms") form an agreement between you ("Customer", "you") and The Clouders ("we", "us"). They govern your use of the website at theclouders.com and of any server or related service we provide (the "Services"). By ordering or using the Services you accept these Terms. If you accept them on behalf of an organisation, you confirm that you are authorised to bind it.
These Terms incorporate our Acceptable Use Policy, Privacy Policy and Refund Policy, and any order form or quote we agree with you. If an order form conflicts with these Terms, the order form applies for that order.
2. Definitions
- Server — a physical (bare-metal) server, or a configuration of servers, that we make available for your exclusive use.
- Configuration — the specification of a Server as stated on our website, in a quote or in an order form.
- Customer Content — all software, data and other material you or your users place on a Server.
- Client Area — the online account area through which Services may be managed, where provided.
3. Accounts and eligibility
You must provide accurate, complete information when you order, and keep it up to date. You must be of legal age and legally able to enter into contracts where you live. You are responsible for keeping your account credentials and any Server access credentials confidential, and for all activity under your account. Tell us promptly at support@theclouders.com if you suspect unauthorised access.
We may decline an order or request verification of identity or payment details before providing a Service.
4. Orders and provisioning
An order is accepted when we confirm it or begin providing the Service. We will provide each Server with the Configuration stated in your order. Provisioning times depend on the Configuration and on hardware availability; any time we give is an estimate unless your order states otherwise.
If a Configuration becomes unavailable before provisioning, we will offer an alternative or cancel the order and refund any amount paid for it.
5. Fees, billing and payment
Fees are as stated in your order or on our website at the time of ordering. Unless agreed otherwise, Services are billed in advance for each billing period. Each invoice is payable by the due date shown on it.
Prices exclude taxes unless stated; you are responsible for applicable taxes. If payment is overdue we may, after notice, suspend the affected Services until it is received. We may change prices for future billing periods by giving you reasonable advance notice; changes do not apply to periods already paid.
6. Your responsibilities
Because you have full administrative control of your Servers, you are responsible for:
- the operating system, software, configuration and security of your Servers, including updates, firewalls and access control;
- all Customer Content, and having the rights needed to host and process it;
- backing up Customer Content — redundancy features such as RAID are not backups;
- the actions of anyone you allow to use your Servers; and
- complying with the Acceptable Use Policy and all applicable laws.
7. Our responsibilities
We will provide the Services with reasonable skill and care, maintain the hardware and network we supply, and provide technical support by email at support@theclouders.com. We do not access Customer Content except where necessary to provide support you request, to maintain or secure the Services, or where required by law.
8. Availability and maintenance
We aim to keep the Services available, but we do not guarantee uninterrupted or error-free operation unless a separate service level agreement in your order states otherwise. We may carry out maintenance that affects the Services; where practical we will give advance notice of planned maintenance. Hardware faults are handled by repair or replacement of the affected component.
9. Suspension and termination
You may cancel a Service in line with your order and our Refund Policy. We may suspend or terminate a Service, with notice where reasonably possible, if you materially breach these Terms or the Acceptable Use Policy, if payment is overdue, or if suspension is necessary to protect our network, other customers or third parties, or to comply with law.
On termination, your right to use the Service ends. You are responsible for retrieving Customer Content before termination; after termination we may erase the Server's storage so it can be reused.
10. Intellectual property
You keep all rights in Customer Content. We keep all rights in our website, branding and any software or documentation we provide. You grant us a limited licence to host and process Customer Content only as needed to provide the Services.
11. Confidentiality
Each party will keep confidential any non-public information received from the other in connection with the Services and use it only for the purposes of this agreement, except where disclosure is required by law.
12. Disclaimer
Except as expressly stated in these Terms, and to the extent permitted by law, the Services are provided without further warranties of any kind, whether express or implied, including fitness for a particular purpose. Nothing in these Terms excludes rights you have under consumer-protection law that cannot be excluded.
13. Limitation of liability
To the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill. Our total liability arising from the Services in any twelve-month period is limited to the fees you paid for the affected Service during that period. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.
14. Indemnity
You will indemnify us against third-party claims arising from Customer Content or from your breach of the Acceptable Use Policy or applicable law, provided we notify you promptly of the claim and allow you to control its defence.
15. Changes to these Terms
We may update these Terms. We will publish the updated version on this page and, for material changes affecting existing Services, give you reasonable advance notice by email. Continued use after the changes take effect means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of the jurisdiction in which The Clouders is established, and its courts have jurisdiction over any dispute, without affecting any mandatory rights you have as a consumer.
17. General
If any part of these Terms is found unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver of it. You may not transfer this agreement without our consent. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
The Clouders
theclouders.com
Sales: sales@theclouders.com
Support and all other enquiries: support@theclouders.com