Terms & Conditions

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Terms & Conditions

Services provided by Woocloud Ltd and woocloud.co.uk (hereafter referred to as “Woocloud”) are subject to the below Terms and Conditions.

Here (together with the documents we refer to on this page) we tell you the terms and conditions applied when we supply any of the services listed on our website (www.woocloud.co.uk) to you.

Read the Terms and Conditions carefully and make sure you understand them before ordering any of our services from our website. Once you have ordered any of our services, you have agreed to be bound by these Terms and Conditions.

Please print a copy of these terms and conditions for future reference.

References to “you” and “your” refer to you as the customer. References to “we”, “our” and “ys” refer to  woocloud.co.uk.

 About Us

1. www.woocloud.co.uk  means Woocloud Limited, a company registered in England and Wales under company number 10774447. Our registered office is at ‘The Apex, 2 Sheriffs Orchard, Coventry, United Kingdom, CV1 3PP’.  Our VAT number is 270 6801 10. Contact email address is sales@woocloud.co.uk.

2.1 Our service or services:

Domain Name
Dedicated Servers
Cloud Hosting
cPanel Hosting
Windows Hosting
Reseller Hosting
Linux VPS
Windows VPS
Semi-Dedicated Servers
Zimbra Hosting
Backup Plans
SSL Certificate

2.2 “Package” means one or more of the above Services.

 

About You

3.1 When you  place an order on our website (“Order”) and have opened an account with us (“Account”), you have at that point agreed to:

3.1.1 Being part of legally binding contracts and being at least 18 years old.

3.2 You agree that the contact details that you provide to us when setting up your account are correct, and you are responsible in keeping this information up to date at all times. You agree we may hold access to your account and the Services if we reasonably believe that the details you have supplied are inaccurate.

How the contract binds Us and You

4.1 When you have placed an online order, we will email you with further instructions as to when your order is accepted. Once we have further coordinated everything at our head office we will at a later stage send you an email (service) confirmation.  The contract will only be binding when we send you the email service confirmation.

4.2 The binding contract will only provide the service/services/package agreed to in the email service confirmations. If further service/services/package are required a further order must be placed followed by a new email service confirmation.

4.3 Your electronic acceptance of this email service confirmation  signifies that you have read, understand, acknowledge and agree to be bound by these Terms and Conditions

 

Back Ups & Data Loss

5.1   When placing an order you agree that your use of Woocloud  Services is at your own risk and Woocloud is not liable for any data loss. We recommend you back up your content as you are solely responsible for creating backups of your content. We highly recommend that you create a  routine backup procedure and an emergency restoration strategy. 

5.2   We can provide this service and if you wish for Woocloud to provide you with routine backup services, in addition to the Services/package provided under this Agreement please Contact Us. We offer many different bespoke backup solutions dependent on your individual needs, and all such services are provided through a new email service confirmation.

5.3 If you decide to not order our Shared hosting CPanel offsite backup (Cloud Back Up Services), we will use reasonable efforts to protect and backup data on a regular basis, BUT we can not guarantee the existence, accuracy or regularity of the backups.  You are solely responsible for creating a  data backup strategy through our own offsite backup service or through your own backup solution. You further acknowledge that data to be backed up will not include media files such as mp3, mpeg, wmv or other video/audio files. Where you do order our (Offsite Back Up Service) we shall provide the level of backup agreed to in our email service confirmation in relation to the level you signed up for.

Services  And Uptime Guarantee

6.1  We will offer You a Service Level Agreement (“SLA”) guaranteeing the certain availability of Our Services. We may offer you an  SLA separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.

6.1.1 We will perform all our Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;

6.1.2 Services will be provided in accordance with all applicable legislation from time to time in force; 

6.2 Your rights under this agreement are in addition to the statutory terms implied in favour of the Customer by the Supply of Goods and Services Act 1982 and any other statute.

6.3 To be eligible for any credits to your account, you must follow the specific procedures in your SLA. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in your waiver of any right to receive credits. The credit may be used only for the purchase of further products and services from us.

6.4 The Service Uptime Guarantee does not apply to service interruptions caused by (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

6.5 You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our Windows Shared and Reseller hosting services.

 

Price and payment

7.1 The price of the Services will be as agreed in your service confirmation email and the prices on the website. These include VAT. If the % of VAT changes in the future this will be reflected in your payment if you pay on a monthly basis. 

7.2 All payments must be made in UK pounds sterling, inclusive of applicable taxes. Any refunds will be in UK Pound Sterling to a UK bank account.

7.3 You agree that you are authorised to make payment using the payment card or payment method you disclose to us. If you are not the named card holder, you agree that you and the party who is the named card holder both accept our Terms & Conditions and are jointly and severally liable for all payments. 

7.4 We reserve the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until we accept your cancellation request. You are responsible for any additional costs incurred by us in the collection of outstanding debt.

7.5  With monthly payments we reserve the right to change prices listed by us at any time and the right to modify a number of resources given to plans at any time. If we terminate this agreement without cause pursuant to paragraph 14.6 of the Agreement, you agree that if We decide to provide Services to you in the future, the amount you paid originally may not be what you pay should we provide services/packages to you again.

7.6 Some of the services /packages listed on our website may be incorrectly priced due to price revisions we undertake. We will normally verify prices as part of our service confirmation email so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when providing the service to you. If the Service’s correct price is higher than the price stated on our website, we will normally, at our discretion, contact you for instructions before providing the service, or reject your order and notify you that we are rejecting it.

 

Refunds and Cancellation

8.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable. You do have 5 working days of placing an order to write to us to amend or cancel. This must be in writing and a confirmation of email from us is required. Your liability to us shall be limited to payment to us of any costs we incurred in fulfilling the order until we received your amended/canceled.

8.2 In the event that we cancel your service for reasons other than your breach of contract, you will be entitled to a pro rata refund based upon the remaining period of your current contract term.

8.3 You are entitled to benefit from Our 30-day money back guarantee for the following services

 Shared Hosting

 Reseller Hosting

 Cloud Hosting

Semi-dedicated Hosting

 VPS Solutions

The 30 day period commences on the date we state that the service will be available in the Service Confirmation.

8.4 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment. ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SpamExperts, SSL Certificates or Site Builder unless a refund is given to Us by the external vendors from which these items are purchased. We will have no obligation to pursue a refund from such external vendors.

8.5 In the case of shared hosting account cancellation, the charges for the free domain will be deducted from the amount to be refunded (if any). Domain will be free only for the initial first year in case of gTLDs and 2 years in case of .uk TLDs. Renewal charges will have to be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/transfer offer are .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk, .me.uk.

8.6 Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during its registration period, domain registration/transfer charges will be payable before such action is completed.

Domain Names

9.1 You acknowledge that we are unable to correct spelling mistake(s) domains once a domain has been successfully registered, please ensure you check before submitting the domain for registration.

9.2 All domains with the exception of those ending in .UK are registered through our partner enom and in addition, are subject to enom’s terms & conditions located at https://www.woocloud.co.uk/enom-terms.php

9.3 All domains ending .UK are registered through Nominet and in addition are subject to Nominet’s terms and conditions located at https://www.woocloud.co.uk/nominet-terms.php

9.4 We will endeavour to automatically renew your domain within 30 days prior to expiry unless:

 We are unable to take payment for the renewal.

You choose to opt out of auto-renewal through our control panel 30 days prior to the expiry date.

The domain has been transferred to another registrar.

 If a .UK domain that the domain is no longer on the WOOCLOUD LTD tag.

9.5 For domains purchased on or after the 5 June 2014, an administration fee of £4.99 + VAT applies if you wish to transfer your domain name away from us. Once payment is received and has cleared, and subject all transfer procedures have been followed correctly by you, we will generate the required transfer code or update the IPS tag for the domain.

9.6 You may not transfer away from the domain from us to another registrar during the first ninety (90) days following the registration or transfer of a domain. This does not apply to domains bought during a promotion, domains purchased via any kind of promotion cannot be canceled or transferred to any other registrar.

9.7 We will not accept any transfer request for a domain that is due to expire within 7 days.

9.8 We will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.

9.10 Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to ‘cyber squatting’, We reserve the right to immediately cancel this service and no refunds shall be made.

9.11 “Due to a legal agreement between ENOM INC, our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. We have no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”

9.12 We reserve the right to change the registrar that a domain is held with, at its own discretion and without notice.

9.13 If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.

9.14 If a domain name is purchased via a promotional campaign, during that campaign, a limit of 20 domains is available to be purchased per person. We reserve the rights to refuse orders should we deem necessary.

Bandwidth (Resource Usage & Security)

10.1  BANDWIDTH USAGE Your monthly bandwidth allowance is determined by the specific services/package for which you sign up and we agree to in your email service confirmation. If your account exceeds your monthly allowance, You will be charged an over usage fee. Bandwidth utilization in excess of instance allocation is charged at £0.03 per GB in North American and Western European locations. Due to higher regional costs, Singapore and Tokyo (Japan) over usage is priced at £0.50 per GB and Sydney (Australia) over usage is priced at £0.15 per GB.

10.2 If your account exceeds the bandwidth limit, We will inform you. If you do not wish to purchase extra bandwidth or upgrade your account and continue to exceed the limit, your account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. Any re-activation will be made in the following month.

1o.3   Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage our Services and Site or any communications on it. If you do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to us, you hereby agree to pay liquidated damages of £6000.00 plus any and all fees associated with recovery of these damages, including solicitors’ fees and costs.

10.4   SECURITY Any violation of the security to the Site and/or Services is prohibited.  You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as “hacking.” In addition, You are prohibited from the following:

  1. Any form of unauthorised access to or use of data, systems or networks, including the Site and/or Services;
  2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
  3. Unauthorised interference with service to any user, host or network;
  4. Introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services;
  5. Circumventing user authentication or security of any host, network or account;
  6. Using an account with another provider to promote Your site with Us in an abusive manner.
  7. Utilising Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site.

In the event you are involved in any violation of system security, we reserve the right to release information about you to system administrators at other sites in order to assist in resolving security incidents, and we shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at our sole discretion, be grounds for termination of your account.

 

10.5   SANDBOX PLAN We offer a 512MB VC2 sandbox plan for testing out our platform. This plan is limited to two instances per account.

10.6   FAIR USE POLICY We provide specific Services to you and define normal, fair, and reasonable use in terms of our Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and you. Should we at our sole discretion determine you are not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:

  1. Rate-limit the data you may send and/or receive from the individual machine to the entire solution level
  2. Adjust pricing to a standard bandwidth rate (market-dependent)
  3. Suspend or terminate Service to any or all of your machines

 

10.7 Where part of the Services/packages purchased includes internet connectivity, such connectivity shall be provided through an internet service provider at the hosting facility. The connectivity shall include multiple, diversely routed high-speed connections, a firewall for security and a load balancer for traffic management and speed optimisation.

10.8 We shall supply burstable bandwidth connectivity services. The connectivity shall include multiple connections and a network operations centre that monitor servers, the network platform, and internet access.

Zero Tolerance Spam Policy

11.1   You agree to comply with our Anti-Spam Policy which may be found at https://www.woocloud.co.uk/ Anti-Spam-Policy/   and which is hereby incorporated by reference as an indispensable part of this Agreement. Use of our services for any illegal spam activities is strictly prohibited.

11.2   We reserve the right to modify the Anti-Spam Policy at any time by posting the modified policy on our web Site. You agree to monitor our website for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes your manifestation of intent to be bound by such changes.

INTELLECTUAL PROPERTY RIGHTS

All Services provided by Woocloud.co.uk may only be used for lawful purposes.

12.1   We have no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video, and graphics) supplied by you for use on your website. You hereby grant us a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet your content, solely for the benefit of you and to enable us to perform its obligations hereunder.

12.2   This Agreement does not constitute a license to use our trade names, service marks or any other trade insignia. Any use of any of our trade names, service marks or any other trade insignia is strictly prohibited, absent our prior written consent.

12.3   If We are required to enlist the assistance of a lawyer or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the legal assistance to pursue injunctive relief against you, or if we are required to file an ICANN complaint against you in order to bring about the transfer of an offending URL to us from you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from you, or in order to file and prosecute an ICANN complaint.

Confidentiality

 

13.1 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.

13.2 Each of us shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.

Termination

15.1 Without limiting our other rights or remedies, we can terminate your account with us immediately if:

15.2.1 You commit a material breach of these Terms and Conditions or any of the other terms and conditions or policies referred within these Terms and Conditions;

15.2.2 You (being a company) suspend, or threaten to suspend, payment of your debts or your are unable to pay your debts as they fall due or you admit an inability to pay your debts or you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

15.2.3 You (being a company) commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or you make a proposal for or enter into any compromise or arrangement with your creditors other than except for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or the solvent reconstruction;

15.2.4 A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or solvent reconstruction (you being a company);

15.2.5 You (being an individual) are the subject of a bankruptcy petition or order;

15.2.6A creditor or encumbrance attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, You or the whole or any part of your assets and such attachment or process is not discharged within [7] days;

15.2.7 You (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You.

15.2.8 You (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;

15.2.9 a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;

15.2.10 any event occurs or proceeding is taken in any jurisdiction that has an effect equivalent or similar to any of the events mentioned in 15.2.1 to 15.2.9 (inclusive);

15.2.11 You suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of Your business; or

15.2.12 You (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or You become a patient under any mental health legislation.

15.3 Without limiting Our other rights or remedies, We may terminate Your Account with immediate effect by giving written notice to You if You fail to pay any amount due from You to Us.

15.4 Without limiting Our other rights or remedies, We shall have the right to terminate the Contract by giving the other party (1) month written notice.

15.5 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against woocloud Ltd. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.

15.6 We may also terminate this Agreement in its sole discretion at any time for any reason or no reason. (“Termination without Cause”). In such case, we will provide You with thirty (30) days written notice before the discontinuation of Services

Consequences of termination

On termination of the Contract for any reason:

16.1 You shall immediately pay to Us all outstanding unpaid invoices and interest and, in respect of Services supplied. Where no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;

16.2 You shall return any hardware or other equipment provided to You by Us which have not been fully paid for. If You fail to do so, then We may enter Your premises and take possession of them. Until they have been returned, You shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Services;

16.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination or expiry; and

16.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect.

Limitation of liability

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL Woocloud Ltd BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.

17.1 This clause 17 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of:

17.1.1 any breach of these Terms and Conditions;

17.1.2 any use made by You of the Services or any part of them; and

17.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

17.2 Except as expressly and specifically provided in these Terms and Conditions:

17.2.1 You assume sole responsibility for results obtained from the use of the Services and/or any related software by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to You in connection with the Services, or any actions taken by Us at Your direction; and

17.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

17.3 Nothing in these Terms and Conditions excludes Our liability for:

17.3.1 for death or personal injury caused by Our negligence; or

17.3.2 for fraud or fraudulent misrepresentation.

17.4 The applicable Service Level Agreement to Your Services states Your full and exclusive right and remedy, and Our only obligation and liability in respect of, the performance and/or availability of the Service, or their non-performance and non-availability.

17.5 Subject to clause 17.3, if We fail to comply with these terms and conditions, We shall only be liable to You for the purchase price of the Services.

17.6 Subject to clause 17.3, We will not be liable for losses that result from Our failure to comply with these terms and conditions that fall into the following categories even if such losses result from Our deliberate breach:

17.6.1 loss of income or revenue;

17.6.2 loss of business;

17.6.3 loss of profits;

17.6.4 loss of anticipated savings;

17.6.5 loss of data; or

17.6.6 waste of management or office time.

However, this clause 17.6 will not prevent claims for loss of or damage to Your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 17.6.1 to 17.6.6 inclusive of this clause 17.6.

17.7 Subject to clause 17.3 We shall not be liable for any loss arising as a consequence of:

17.7.1 loss of material uploaded (unless such loss is as a result of the failure of Backup Services purchased from us)

17.7.2 incompatibility of the Services with any of Your equipment, software or telecommunications links;

17.7.3 technical problems including errors or interruptions of the Services;

17.7.4 unsuitability, unreliability or inaccuracy of the Services;

17.7.5 computer viruses of any kind obtained from You in the course of using the Services;

17.7.6 any security breaches whatsoever affecting the Customer’s Account.

17.8 Subject to Clause 17.3, Our liability to You in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents shall be limited to the annual fees paid by You to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until You have provided documentary evidence to Our satisfaction proving that loss has occurred.

17.9 We exclude all liability of any kind in respect of any material on the internet posted by means of the Services and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

 

NO WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. Woocloud.co.uk EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 11, Woocloud.co.uk MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Woocloud.co.uk MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Woocloud.co.uk MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES (“THIRD-PARTY SERVICES”). Woocloud.co.uk HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.

Woocloud.co.uk MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Woocloud.co.uk OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON Woocloud.co.uk WEBSITE.

UNLESS OTHERWISE AGREED TO IN WRITING, Woocloud.co.uk DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.

 

Import duty

18.1 If You order Services from Our website which are to be used or accessed outside of the UK, they may be subject to import duties and taxes which are levied when the Services are provided to You. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing Your Order.

18.2 Please also note that You must comply with all applicable laws and regulations of the country for which the Services are used or made available. We will not be liable for any breach by You of any such laws.

Written Communications

19.1 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. 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.

Notices

20.1 All notices given by You to Us must be given to Woocloud Limited at The Apex, 2 Sheriffs Orchard, Coventry, United Kingdom, CV1 3PP. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

SMS notifications service

20.2 If you subscribe to receive SMS notifications from us, you may receive promotional messages from us from time to time. Any such marketing messages are strictly in relation to our own products and services, and are not sent by or on behalf of any third party. You will not receive more than one (1) marketing SMS per week. We will never disclose your phone number onto any third party. You can unsubscribe from receiving SMS notifications at any time via the woocloud Client Area.

Events outside of our control

21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by events outside Our reasonable control (Force Majeure Event).

21.2 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:

21.2.1 strikes, lock-outs or other industrial action;

21.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

21.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

21.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

21.2.5 impossibility of the use of public or private telecommunications networks;

21.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and

21.2.7 pandemic or epidemic.

21.3 Our provision of the Services is 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.

Waiver

22.1 If We fail, at any time during the term that We provide the Services, to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.

22.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.

22.3 No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 20 above.

  1. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

23.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Woocloud Ltd would be the sole arbiter as to what constitutes a violation of this Clause.

23.2 You agree and understand that we have set a limit of 300 outgoing emails per hour on shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

Severability

24.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

25.1 These Terms and Conditions, Your Order, Our Acceptable Use Policy, Our Privacy Policy and any document expressly referred to in any of the aforementioned constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the Services.

Our right to vary these terms and conditions

each one being a (“Service”) and more than one being the (“Services”)

Law and jurisdiction

27.1 These Terms and Conditions and the documentation referred to herein, the purchase of Services through Our website and any dispute or claim arising out of or in connection with the same or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions or the formation of the contract between Us (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Woocloud offers

28.1 Offer valid for new orders only and not for subsequent renewals (unless stated so).

28.2 The Offer is limited for a duration of 1 month unless stated otherwise.

28.3 The offer of Free Domain would be valid for the following extensions only : .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk or .me.uk; renewals need to be paid at the full rate.

28.4 A Domain once registered cannot be cancelled or transferred to any other registrar, the domain will be locked.

28.5 If a domain name is purchased via a promotional campaign, during that campaign, a limit of 20 domains is available to be purchased per person. We reserve the rights to refuse orders should we deem necessary.

Resource Abuse Policy

This Resource Abuse Policy applies to you if WooCloud is providing Service to you and your account is in good standing.

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a VPS or a dedicated server. Accounts on a shared server must share resources with other users so we must limit how much of the CPU and memory that can be used by any one account.

Any questions about our abuse policy may be answered by opening a ticket with our abuse division.

Average Server Resource Limits (on shared servers)

Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
MySQL connections may not exceed 15 user connections
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a VPS or a dedicated server so the website can grow at a normal rate without restriction.

Suspensions

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a VPA or a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period.

Any questions about our abuse policy may be answered by opening a ticket with our abuse division.

Inodes

Accounts on any shared hosting account may not have an excessive number of inodes. Any account found to have over 100,000 inodes may be removed from our backup system to prevent overload. Any account seen to be exceeding 250,000 inodes is at risk for suspension. A warning will be sent and if no action is taken to resolve the issue, the account may be suspended. Every file on the account is counted as 1 inode. This includes mail as well as webpage content.

Please let us know if you need any further clarification about the Resource Abuse Policy.

Company information

Registered in England and Wales under Companies House registration number 10774447. Our registered office address is The Apex, 2 Sheriffs Orchard, Coventry, United Kingdom, CV1 3PP. Please be advised all visitors are required to book in advance of visiting our office.

If you would like to get in touch with us, please write to us at the address above or by calling (+44) 0330 2231 386. Alternatively, please e-mail us on enquiries @ woocloud.co.uk