1. Preamble

In purchasing a product with us, you agree to comply with and be bound by the following terms and conditions of service, which together with our privacy policy govern Cloud-Layer  relationship with you as a customer of our services. The term “Cloud-Layer  Limited”, “Cloud-Layer ”, “us” or “we” refer to the owner of the company, Cloud-Layer limited Company number 128026, whose registered office is:

Cloud-Layer Limited.

Communications House,
26 York Street, London, W1U 6PZ,
England (United Kingdom).

Contact E-mail : [email protected]

Admin Email     : [email protected]

Company Number: 128026

The term “you” refers to the user or client of Cloud-Layer  Limited or visitor to our website.

2. Hosting

  1. Prohibited Content

All services provided by Cloud-Layer  Limited and associated companies may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, City law or the laws of the United Kingdom (England, Wales or Northern Ireland) or the laws of the European Union, including all member states is prohibited. 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 statue / legislation.

Examples of prohibited material (including but not limited to):

  1. pirated software / warez;
  2. pornographic / sexual content, or direct links to adult content elsewhere;
  3. bulk e-mail sending systems;
  4. hacking / cracking discussion or the provision of tools to hack / crack;
  5. keygens / serials / patches;
  6. content that is an infringement of patented technologies and software, trademarks and intellectual copyright;
  7. sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare;
  8. software designed to disrupt network communications of a remote host or server not under the control of Cloud-Layer  Limited;

In the event of prohibited content, Cloud-Layer  Limited will be the sole arbitrator as to the content in violation of Section 2(a) of this document.

  1. Resource / Usage Limits

To ensure the swift and efficient operation of each server, resource limits are in operation upon each host. Accounts found to be using over 10% of the respective server’s total CPU for a period of time that is considered to be damaging to the server by a member of Cloud-Layer  Limited network operations team or automated security systems may face traffic shaping restrictions on inbound traffic.

  • Backup

While Cloud-Layer  Limited operates a backup system that creates and stores multiple backups every 24 hours for each account on a respective web server, it should be noted that these backups are for administrative purposes. Cloud-Layer  Limited makes no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim Cloud-Layer  Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Cloud-Layer  Limited.

3. Virtual Servers

  1. Prohibited Content

Responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 2(a) of this document after previous incidents will result in the immediate termination of the virtual machine.

  1. Resource / Usage Limits

Devices are allocated set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing, to be discussed with a member of our Sales team.

While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by Cloud-Layer  for installation upon a guest are provided as is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, Cloud-Layer  will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device.

While Cloud-Layer  Limited utilises VMware virtualization technology (ESXI), abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. Cloud-Layer  Limited reserves the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device.

  1. Backup

All Cloud-Layer  virtualization products are self managed and as such Cloud-Layer  Limited takes no responsibility for data stored upon virtualized resources. Access to daily backups is subject to additional charge. However it should be noted that these backups are primarily for administrative purposes. Cloud-Layer  Limited makes no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim Cloud-Layer  Limited for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Cloud-Layer  Limited.

4. Electronic Mail

Cloud-Layer  Limited provides the ability for electronic mail to be sent via their platform through all services. In using our services, you do hereby confirm that all electronic communications are opt in, and that all solicited mailings comply with the terms of the CAN-SPAM Act of 2003 (and all amendments) and the The Data Protection Act 1998, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments).

Complaints regarding unsolicited electronic mail will be billed at a rate of €60 per abuse complaint received in relation to your use of this service up to a maximum of €2000 in any calendar month. Cloud-Layer  Limited reserves the right to withdraw access to SMTP services or implement rate limiting against any customer deemed to be in breach of these terms. In the event of violation, Cloud-Layer  Limited will be the sole arbitrator as to the content in violation of Section 4 of this document.

5. Billing

Clients are expected to make payments through their chosen payment method on time. Invoices are generated sixteen (16) days before product renewal dates. Services held unpaid for a period of three (3) days after the due date will be suspended. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service. Hosting, VPS services still in arrears will be terminated, with the loss of all data after a period of seven (7) days. Invoices still in arrears after five (5) days will be subject to a late fee of 15% of the total cost of the invoice.

6. Disputes

In the event of a dispute regarding payment, you agree in the first instance to make contact with a representative of Cloud-Layer  Limited before making contact with your bank, credit card provider or other payment gateway (such as Paypal). In the event of a dispute, this dispute must be filed with Cloud-Layer  Limited billing within a period of one (1) month of the date of invoice generation. In using the services provided by Cloud-Layer  Limited, you agree to these terms as described above.

In the event a dispute is filed before all reasonable steps taken as described above, Cloud-Layer  Limited reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. Cloud-Layer  Limited also further reserves the right to proceed with further civil or criminal proceedings.

7. Product Transfer

Movement of a product or service (including, but not limited to; hosting, VPS, dedicated servers, domains) to another client account is at the discretion of the manager on duty at the time of the request. We make no guarantees that we will move a product to another client account.

8. Refunds

Cloud-Layer  Limited offers a 30 days money back guarantee to all new customers on the first product they purchase with us. If the product in question is not the client’s first order, entitlement will be considered null and a refund will only be granted at the discretion of the Cloud-Layer  representative dealing with the issue. If a client has previously requested a refund with the 30 days of previously ordering a product, they are required to wait 12 months before they may request another refund within the refund deadline on any products they order.

In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null.

Where a product contains any free gifts such as, but not restricted to: free domain registration, free SSL certificate, free IP address and the free gift has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, customer is only entitled to a refund if the development of this service has not began, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user’s actions a refund will no longer be provided. All refunds are at the discretion of Cloud-Layer  Limited, despite the refund policy declared here.

9. Backup Retrieval

In the event of a client’s account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of Cloud-Layer  Limited, an administration charge of €10.00 per account will be invoiced for investigation of suitable restoration points. If it may be the case that Cloud-Layer  Limited may fail to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.

10. Promotion Terms

  1. Free domain promotion

Cloud-Layer  Limited offers a free domain (.net/.com/.org/.in/.info/.name/.biz/.eu/.us/.mobi) for hosting orders on any payment terms. The free domain remains at no cost to the customer as long as they renew their web hosting service. The free domain remains property of Cloud-Layer  Limited for a period of 3 months after the initial order. If a customer wishes to transfer the domain away from us during this 3 months, the registration fee must be paid. The customer can transfer the free domain away from us after 3 months at no charge. If the client cancels/fails to renew their product before the 3 month period, and does not pay the registration fee to maintain the domain, Cloud-Layer  Limited reserve the right to seize and auction said domain names.

11. Affiliate Terms

Cloud-Layer  Limited provides an affiliate scheme for existing customers to sign up to. By signing up for the service, you agree to adhere to the following terms. You cannot refer yourself using a duplicate account and your own affiliate link. We monitor affiliates closely and will suspend all services that have been used to defraud our affiliate service. Affiliate payouts will be paid after the 60 day commission delay to a verified PayPal account, or to your Cloud-Layer  Limited client area balance. By referring a user to our service, you cannot attempt to defraud or mislead them in anyway. If a customer requests a refund as per our 30 day money back guarantee or submits a charge back where we lose out financially, you will not gain the commission. We reserve the right to remove affiliate status from a customer’s account at any time for any, or no, reason.

12. Force Majeure

Cloud-Layer  Limited shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.

13. Specific Provisions

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Cloud-Layer  Limited may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL CLOUD-LAYER  LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF CLOUD-LAYER  LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT WILL CLOUD-LAYER  LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL CLOUD-LAYER  LIMITED OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;

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