Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Cloudnet Infinity Limited ("Cloudnet Infinity"), a company registered in England and Wales with company number 10450071 and its registered office at Suite 1209, 109 Vernon House, Friar Lane, Nottingham, NG16DQ, United Kingdom. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All services provided by Cloudnet Infinity Limited may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom laws or international treaties. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The client agrees to indemnify and hold harmless Cloudnet Infinity Limited from any claims resulting from the use of service which damages the client or any other party.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE SUSPENDED IMMEDIATELY. FAILURE TO REMOVE THE OFFENDING CONTENT WILL RESULT IN YOUR ACCOUNT BEING TERMINATED - NO REFUNDS WILL APPLY. ADDITIONALLY, CLOUDNET INFINITY LIMITED WILL NOTIFY THE RELEVANT AUTHORITIES OF YOUR ACTIONS.
We may provide you with a domain name via Nominet. Please be aware that by registering a .uk domain name, you are bound by Nominet's Terms and Conditions http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
All non-UK domains are provisioned through our registrar partner OpenSRS / Tucows Domains. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full.
Both UK and non-UK domains are provisioned through third-party registrars. Please note that the registrars may reject a registration if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a 'domain registration confirmation' email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.
All domains are renewed on an annual basis, we will send out reminder emails in advance of their expiry. We will send the emails to the email address on the account, it is your responsibility to make sure the contact details are up to date. We take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com or by raising a support ticket. Alternatively, you can set your domain to auto-renew, this can be managed through your client area. All domains will be billed in advance of expiry and renewed once payment is received. If you have set up an automatic payment, this will be done automatically.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please see our domain checker for renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £80 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name.
Bandwidth/Disk Space Usage
We operate an 'unlimited' service, meaning we do not actively limit your account on disk space or bandwidth. However, this is subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to upgrade to a bespoke solution and billed accordingly.
We provision very large disks for our shared platforms, but no physical or virtual server can have an "unlimited" disk size due to limitations in both hardware and software. We will not let this hinder your usage, but it will mean that if you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without affecting other customers, or that your account is split over several shared servers. We would not charge for doing so and would always provide the information and tools necessary for you to operate your service. We reserve the right to do this at our discretion. However, refusal to co-operate with an account move request will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.
We do not allow bots to be operated on our shared hosting servers.
Any attempt to undermine or cause harm to a server or customer of Cloudnet Infinity Limited is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Cloudnet Infinity Limited must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
By the Account Activation Date of each month, we shall deliver, via e-mail or post, an invoice in accordance with the applicable Service Fees for services to be rendered in the forthcoming month. When an invoice is delivered to the client, payment shall be remitted to us by no later than the specified payment due date. We shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. We do not record or store customer credit/debit card data but you are able to set up recurring billing through our payment partners to allow us to take payment for invoices as they become due. It is your responsibility to ensure that you have sufficient funds to cover any transactions. Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated. Accounts suspended for non-payment are liable for termination without notice.
Please note that we accept payment by credit/debit card or PayPal only. Other payment methods such as bank transfer are not natively accepted unless previously agreed.
Free domain name
We cover the cost of one .uk domain name with every web hosting account (if purchased annually). The domain is free for the first year only with our Cloud Web Hosting account and free for the life of your plan if you opt to use our Premium Cloud Hosting account. If you opt for a domain which is not a .uk (e.g. .biz), this is not included in the price and will be charged for separately.
Please note that any customer cancelling their account within the first 6 months of service may, at our discretion be charged for fees we may have incurred in the registration of this domain name. Any such charges will not exceed the registration costs we incur. For a full list of charges please see our domain price list.
Money back guarantee & refund policy
We offer a 30 day money back guarantee. Refunds: If you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
Please note that we reserve the right not to refund any fees incurred by us in the registration of 'free' domains we have provided as part of the account. Any fees not refunded or billed to you by us will not exceed the registration costs we incur. For a full list of charges please see our domain price list.
Cancellation and Refunds
If you no longer wish to continue with a service, please submit a cancellation at least 7 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will not charge you for transferring a domain(s) away to another registrar's tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data e.g. hosting account(s) and mailboxes.
We DO NOT refund partial monthly fees to accounts.
We do not fund fees incurred in the purchase of domain names where the grace period has expired. This is 5 days for non-UK domains and 10 days for UK domains.
Limitation of Liability
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
We periodically backup on data on our Cloud Web Hosting and Premium Cloud Hosting platforms. However, it is your responsibility to ensure that your own data is backed-up regularly to your own computer or another service via appropriate methods. We will not be held responsible or liable for any data that cannot be retrieved in the event of deletion, failed software installations, account termination, hardware failures, staff or user error and other events which may cause data loss.
If you do not take the necessary precautions to backup your own data and require access to a previous version of your account, we are able to provide access to the last 30 days worth of data for a fee. However, if a backup plan is active on your account, access to backups and the ability to restore is provided within cPanel.
Cloudnet Infinity Limited offers bespoke web design and development packages to its clients. Cloudnet Infinity Limited will present the client with a quote after a formal meeting has been held to discuss the clients requirements. A formal meeting can be in-person, via telephone or via email depending on the clients preferences. Any development modifications by the client, requested after the quote has been accepted and a price agreed will be subject to additional fees. All development projects require an upfront deposit of 33% before any work begins, the client will then have a minimum of 30 days to settle the remaining balance. A website will not go live on the clients domain without a fully paid invoices which corresponds to the project. If any work is carried out on a live site, Cloudnet Infinity Limited reserve the right to disable access to this website, partially or wholly if the corresponding invoice is overdue.
In the event that Cloudnet Infinity Limited has fully or significantly developed a clients website, all copyrights and intellectual property remains with the lead developer and in association, Cloudnet Infinity Limited. The client has paid for the work which has been carried out however does not posses ownership. The client will be able to use the website / application while hosted on the Cloudnet Infinity Limited network however, use of the this on a different network, is strictly prohibited unless provided in writing by Cloudnet Infinity Limited and the lead developer on the project. Ownership of this property can be transferred to the client at request.
All quotations for work will be provided based on the information given to Cloudnet Infinity Limited by the customer. Any variations to the work following the issue of the quotation and prior to commencement of work shall result in a revised quotation being issued for acceptance. For variations after work has commenced, a fixed price to cover the variation shall be agreed between Cloudnet Infinity Limited and the customer and added to the final invoice. In the event that requirements change due to insufficient information having been provided, defects found in existing installations, etc. the customer will be liable for any additional expense incurred.
Quotations shall remain valid for acceptance by the customer for a period of one calendar month following the issue of the quotation and work is to commence within two calendar months from the date of the quotation else a new quotation will be required.
If you are moving to us from another cPanel provider, we can assist with the migration by restoring any cPanel backups you upload to us via FTP. It is your responsibility to supply these backups. We will not log in to your old provider's platform and perform the backups on your behalf. Any migrations from non-cPanel providers will not be performed by us and must be done by you.
Upon submitting a migration request you agree that Cloudnet Infinity Limited can scan and browse any content submitted without prior consent of the account holder, this includes, but is not limited to, full cPanel accounts, script installations and server migrations to ensure compliance of these terms and to avoid any negative impacts on our platform.
All support requests must be raised through the tickets system via our website. We can also provide support via telephone and e-mail if required but all requests must first be initiated through a support ticket. This helps us deal with your query more effectively and provides a clear history of all correspondence.
Please note that we provide support to our direct customers only. We will not provide support via any means to your resold clients or any third-party not holding a direct account with us under any circumstances. It is your responsibility to cater for the support needs of your customers. In the event there is a hosting-related issue that you are unable to resolve, you are required to communicate this to us in detail via a support ticket and we will investigate and respond to you accordingly so you can inform your customer.
Support relating to external software, 3rd party software or another service which we have not provided but is being used on our platform may be charged depending on the time and/or resources used to assist. Pricing will be decided by Cloudnet Infinity Limited and the client will be notified before support is carried out.
Violations of these policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. While we own and operate our own enterprise-grade equipment, certain services and software provided by us are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by Cloudnet Infinity Limited (examples include cPanel management and WHMCS billing software). Moreover, we hold no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.
By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
We offer a 99.9% service uptime guarantee, which is based on a 12-month rolling average across our entire platform and multiple clouds. In the unlikely event that we fail to meet our obligations we will provide full and thorough explanations for any downtime.
Please note that from time to time, it will be necessary for us to perform essential maintenance or upgrades to our infrastructure. In the event of such planned maintenance, we will provide advance notice so you can make necessary arrangements to contact your customers or suspend any service monitoring you may have in place for the period of the planned outage. Where possible, such upgrades will be carried out overnight in the UK to minimise impact on customers. Downtime incurred as a result of planned and notified maintenance will not be included in our downtime statistics.
Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, we offer our customers (also known as "clients") and your customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We respect that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions. In order to protect these competing interests, we have developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using our services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to its clients resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When clients disseminate information from the Internet, they must keep in mind that we do not review, edit, censor or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over our network and may reach a large number of people, including both our clients and non-clients, clients' postings to the Internet may affect other clients and may affect our goodwill, business, reputation or operations. For these reasons, clients violate our policy and these terms when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Cloudnet Infinity Limited, but also because it can overload our network and disrupt service to our clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we will investigate and suspend the account that is sending spam and reserve the right to keep the account suspended until such time that the account no longer sends spam.
Audio/Video Streaming is not hosting friendly. As such, we do not allow any streaming of audio or video content where the core files are hosted on our platform. Offending accounts will be suspended without noticed or terminated.
File Storage / Online Backups
We do not permit the use of our shared hosting platforms for the storage of backup or archival data including large amounts of plugin cache data (we operate server-side caching as standard), mirror sites, storage of game data including flash games, personal multimedia content such as movies, music, photos or other media. Your account and any sub-accounts may be used for genuine web hosting purposes only. Any such content is not permitted and will be removed and any offending accounts suspended.
We permit the storage of a maximum of 3 full cPanel backups or partial backups. We also permit the storage of a maximum of 3 automated backups per installation created through the use of our application installers, softaculous and installatron. Cloudnet Infinity Limited reserve the right to revoke permission to store these backups at any point without prior notice if they have determined that this will have a negative impact.
Services such as OwnCloud are not permitted on our shared hosting and accounts found to be utilising web space for such services will have their data removed and services suspended.
We don't limit your disk space providing the majority of your space is used for web hosting. We do not permit the use of our shared hosting as an e-mail archival system and you may be asked to remove e-mail, archive e-mail to your computer or upgrade to a VPS solution if it is determined your account is being used as such.
We do not permit the use of our platform to provide free hosting to your customers. Providing free hosting encourages spamming and other abuses of the platform and as such this is explicitly disallowed.
File Sharing Websites or Peer-to-peer media (including files) sharing or streaming
We do not permit the use of our platform for file sharing of any kind. This includes but is not limited to peer-to-peer file or media sharing, BitTorrent, Tor or other such forms of data transmission.
Obscene Speech or Materials
Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. We are required by law to notify law enforcement agencies if we become aware of the presence of child pornography on or being transmitted through our network.
Defamatory or Abusive Language
Using our network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorised Access to Other Computers or Networks
Using our network to access, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Engaging in Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service (DDOS) attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Destructive activities include inviting, either directly or indirectly, an attack (such as a DDOS) against our platform. Such invitations include inviting third parties to attempt to compromise the security of our platform or knowingly participating in an external attack (such as a DDOS) which results in retaliatory action from a third-party.
Facilitation a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
We do not permit the hosting of any sites engaging in phishing, impersonating public institutions or private companies in an attempt to defraud members of the public. Any sites found in breach of this will be suspended or terminated without notice.
Background Running Programs
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
Each account comes with its own cgi-bin. The client is free to use any CGI scripts they wish, however Cloudnet Infinity Limited reserves the right to disable any CGI script that effects normal server operation without prior warning.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, publishing or threatening to publish private data and pirating software.
Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our clients, operations, reputation, goodwill or customer relations.
Prohibited Websites or Scripts
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, Cloudnet Infinity Limited reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Cloudnet Infinity Limited will inform the client about the abusive content. Cloudnet Infinity Limited also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:
- IRC scripts, eggdrops, bots
- Proxy server scripts (also any other script which operates as proxy)
- Mail bomber and spam scripts
- IP spoofers and port scanners
- Pirated Software or any form of warez
- Image Hosting Scripts (like imgur or Photobucket)
- AutoSurf site scripts
- PPC site scripts
- PTC site scripts
- Bruteforce Programs or scripts
- File sharing, dump and mirroring service scripts (like mega, rapidshare)
- Top sites generator scripts
- Illegal drug or any other substance or product or Contraband related sites
- Sites distributing copyrighted content without proper licenses
- Gambling sites
- Hacking programs, credit card dumps, hacking focused sites
- Forums distributing warez or any other illegal content
- Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
- Viruses, trojan horses, mass ping, DDoS, UDP or scripts, or other kind of destructive scripts
- Child pornography (If Cloudnet Infinity Limited is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the client. We will not, as an ordinary practice, monitor the communications of our clients to ensure that they comply with our policy or applicable law. However, when we become aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, suspension or termination of hosting services, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action we deem appropriate.
We are also aware that many of our clients are themselves providers of Internet services, and that information reaching our facilities from those clients may have originated from a customer of the client or from another third party. We do not require our clients who offer Internet services to monitor or censor transmissions or web sites created by customers of our clients. We reserve the right to directly take action against a customer of our clients. Also, we may take action against the our client because of activities of a customer of the client, even though the action may affect other customers of the client. Similarly, we anticipate that clients who offer Internet services will cooperate with us in any corrective or preventive action that we deem necessary. Failure to cooperate with such corrective or preventive measures is a violation of our policy.
We will not intentionally monitor private electronic mail messages sent or receive by our clients, unless required to do so by law, governmental authority or when public safety is at stake. We may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, we may disclose information, including, but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request subject to Data Protection and other UK legislation. We assume no obligation to inform the client that client information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, we may disclose client information or information transmitted over our network where necessary to protect us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, we will never sell information to other services or outside companies.
We expect that our clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A client's failure to comply with those laws will violate our policy. Finally, we wish to emphasise that, in accepting these terms and placing an order, clients indemnify Cloudnet Infinity Limited for any violation of the Service Agreement, law or Cloudnet Infinity Limited policy resulting in loss to Cloudnet Infinity Limited or the bringing of any claim against Cloudnet Infinity Limited by any third party. This means that, if we are sued because of a client's or customer of a client's activity, the client will be responsible for payment of any damages awarded against us, plus costs and reasonable legal and solicitors' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Cloudnet Infinity Limited and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to email@example.com.
Data Processing Agreement
These terms set out the additional terms requirements and conditions on which we will process personal data when providing services to you.
This Agreement contains the mandatory clauses required by article 28(3) of the General Data Protection Regulation ((EU) 2016/679) for Agreements between data controllers.
We are Cloudnet Infinity Limited (t/a Cloudnet Infinity) a company incorporated and registered in England and Wales with company number 10450071 whose registered office is at Suite 1209, 109 Vernon House, Friar Lane, Nottingham, United Kingdom, NG1 6DQ
By purchasing our services you confirm that you accept to these terms of data processing and you agree to comply with them.
If you do not agree with these terms, you must not purchase any services from us.
We recommend that you print a copy of these terms for your future reference.
1. Definitions and interpretation
The following definitions and rules of interpretation apply in this Agreement.
Data Subject: an individual who is the subject of Personal Data.
Personal Data: means any information relating to an identified or identifiable natural person that is processed by the Data Processor as a result of, or in connection with, the provision of the services; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing, processes and process: either any activity that involves the use of Personal Data or as the Data Protection Legislation may otherwise define processing, processes or process. It includes any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording. organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Processing also includes transferring Personal Data to third parties.
Data Protection Legislation: all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
Personal Data Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Standard Agreements Clauses (SCC): the European Commission's Standard Agreementual Clauses for the transfer of Personal Data from the European Union to processors established in third countries as set out in Commission Decision 2010/87/EU.
1.2 This Agreement is subject to the terms of any separate agreement made between the parties for the supply of website hosting services (“Services Agreement”) and is incorporated into any such Agreement. Interpretations and defined terms set forth in the Services Agreement apply to the interpretation of this Agreement.
1.3 The Annexes form part of this Agreement and will have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Annexes.v
1.4 A reference to writing or written excludes faxes and email.
1.5 In the case of conflict or ambiguity between:
(a) any provision contained in the body of this Agreement and any provision contained in the Annexes, the provision in the body of this Agreement will prevail;
(b) the terms of any accompanying invoice or other documents annexed to this Agreement and any provision contained in the Annexes, the provision contained in the Annexes will prevail; and
(c) any of the provisions of this Agreement and the provisions of the Services Agreement, the provisions of the Services Agreement will prevail.
1.6 This agreement is in addition to and does not remove or replace a party’s obligations under the Data Protection Legislation.
1.7 In this agreement we are the Data Processor and you are the Data Controller
2. Personal data types and processing purposes
2.1 The Data Controller retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to the Data Processor.
2.2 ANNEX A describes the subject matter, duration, nature and purpose of processing and the Personal Data categories and Data Subject types in respect of which the Data Processor may process to provide services to the Data Controller under the terms of the Services Agreement or otherwise.
3. Data Processor's obligations
3.1 The Data Controller acknowledges that for the purposes of fulfilling its obligations under the Agreement the Data Processor may have access to and may be required to process Personal Data (as defined in the Data Protection Legislation) on behalf of the Data Controller and in accepting the Agreement the Data Controller authorises the Data Processor to process its Personal Data in accordance with the terms of this Clause 3.
3.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 3 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
3.3 The parties acknowledge that for the purposes of the Data Protection Legislation, the Data Controller is the data controller and the Data Processor is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
3.4 Without prejudice to the generality of clause 3.2, the Data Controller will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Data Processor for the duration and purposes of this agreement.
3.5 Without prejudice to the generality of clause 3.2, the Data Processor shall, in relation to any Personal Data processed in connection with the performance by the Data Processor of its obligations under this agreement:
(a) process that Personal Data only on the written instructions of the Data Controller unless the Data Processor is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Data Processor to process Personal Data (Applicable Laws). Where the Data Processor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller;
(b) ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) subject to clause [3.10] to not transfer any Personal Data outside of the European Economic Area (“EEA”) unless the prior written consent of the Data Controller has been obtained and the following conditions are fulfilled:
(i) the Data Controller or the Data Processor has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Data Processor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Data Processor complies with reasonable instructions notified to it in advance by the Data Controller with respect to the processing of the Personal Data;
(e) if so reasonably required, assist the Data Controller, at the Data Controller's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Data Controller without undue delay on becoming aware of a Personal Data breach;
(g) if so reasonably required, at the written direction of the Data Controller, delete or return Personal Data and copies thereof to the Data Controller on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) if so reasonably required, maintain complete and accurate records and information to demonstrate its compliance with this clause 3.
3.6 In accepting these Terms and Conditions the Data Controller consents to the Data Processor appointing third-party processors of Personal Data (“the Sub Processors”) under this agreement.
3.7 The Data Processor shall enter with the Sub Processors into a written agreement incorporating terms which are substantially similar to those set out in this clause 3 prior to any Sub Processor being appointed.
3.8 The Data Controller accepts that for the purposes of this Agreement part or all of its Personal Data may need to be processed outside of the EEA and the Data Controller further consents to the Data Processor processing its Personal Data in appointing these third party processors listed at Annex A who are located outside of the EEA.
3.9 The Data Controller shall have the ability to withdraw its consent to the Data Processor’s use of Sub Processor for the purposes of fulfilling this Agreement by notifying the Data Processor in writing at its registered office. However the Data Controller acknowledges that the Data Processor may not be able to perform the Services or any part of the Services unless it is able to appoint an alternative Sub Processor and where an alternative Sub Processor cannot be appointed, the Data Processor shall not be obliged to provide any part of the Services which are so affected.
3.10 The Data Processor may, at any time on not less than 30 days’ notice, revise this clause 3 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
4. Term and termination
4.1 This Agreement will remain in full force and effect so long as:
(a) the Services Agreement remains in effect or the Data Processor provides the relevant services to the Data Controller, or
(b) the Data Processor retains any Personal Data related to the Services Agreement and/or the services in its possession or control.
4.2 Any provision of this Agreement that expressly or by implication should come into or continue in force on or after termination of the Services Agreement or the provision of services by the Data Processor to the Data Controller (as may be applicable) in order to protect Personal Data will remain in full force and effect.
4.3 If a change in any Data Protection Legislation prevents either party from fulfilling all or part of its obligations to the other party, the parties will suspend the processing of Personal Data until that processing complies with the new requirements. If the parties are unable to bring the Personal Data processing into compliance with the Data Protection Legislation within 28 days, they may terminate the Services Agreement and/or the provision of services on written notice to the other party without prejudice to any right or remedy the parties may have under the Services Agreement or otherwise
5.1 Any notice or other communication given to a party under or in connection with this Agreement must be in writing and delivered to:
For the Data Controller: The address provided under the Services Agreement
For the Data Processor: Cloudnet Infinity Ltd, Suite 1209, 109 Vernon House, Friar Lane, Nottingham, United Kingdom, NG1 6DQ
5.2 Clause 5.1 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
5.3 A notice given under this agreement is not valid if sent by email.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Waiver. A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No partnership or agency. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Third parties. A person who is not a party to this Agreement shall not have any rights to enforce its terms.
Variation. Except as set out in these Conditions, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Data Processor.
Governing law. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
ANNEX A Personal Data Processing Purposes and Details
Subject matter of processing: [Website Hosting Services] [Desktop Support Services] [Server Management Services] [Security Services]
Duration of Processing: The Term as set out at Clause 4.1
Nature of Processing: [Storage] [System Data] [Network Data] [Vulnerability Data]
Business Purposes: Performance of our Services Agreement
Personal Data Categories: [Identity, Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data, Marketing & Communications Data and any other such data as collected by the Data Controller on its website]
Data Subject Types: [any user of the Data Controller’s website]
- Located in a country with a current determination of adequacy.
- Binding Corporate Rules.
- Standard Processing Clauses between Customer as "data exporter" and Provider as "data importer".
- Standard Processing Clauses between Provider as "data exporter" on behalf of Customer and Provider affiliate or Sub Processor as "data importer".
- EU-US Privacy Shield Certified.
We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at firstname.lastname@example.org, including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you're not happy with the initial outcome of your complaint where it involves a .uk domain, than please feel free to escalate your issue to Nominet (the .uk registry) by visiting http://www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or subscribing for any of our services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Last Revision: 10-06-2018