Terms of Service
The General Terms and Conditions, along with the service-specific Terms and Conditions, the Acceptable User Policy, and any information relating to the service and package purchased from CloudPiper Web Hosting Solutions Ltd form the Agreement between us.
Where these General Terms and Conditions are inconsistent with any terms set out in CloudPiper Service specific Terms and Conditions, the Service specific Terms and Conditions shall prevail.
By signing up for the Services you warrant that you are at least 18 years old and legally capable of entering into a binding contract, or acting with the express permission and using the payment details of a person or organisation who in turn agrees to be bound by the terms of this contract.
By owning a CloudPiper account from cloudpiper.co.uk, you accept these Terms and Conditions from either an online package order sign-up or offline via a telephone or e-mail order. Any payment confirms that you have accepted and read the Terms and Conditions.
1. Definitions
1.1“Agreement” means any agreement to which these Terms and Conditions are incorporated.
1.2“CloudPiper” means Web Hosting Solutions Ltd, 12a Greenhill Street, Dept 106, Stratford Upon Avon, Warwickshire, CV37 7PR, United Kingdom, www.cloudpiper.co.uk.
1.3“Package” means a collection of Services.
1.4“Pay As You Go” means CloudPiper no minimum term commitment monthly payment option.
1.5“Prices” means the Prices for the Services set out in the order form or as otherwise notified to you.
1.6“Services” means the Services to be provided by CloudPiper.
1.7“You/Your” means the person or Company who purchased Services from CloudPiper.
1.8“We/Our” means CloudPiper.
1.9“Customer” means the person or Company who purchased Services from CloudPiper.
2. Duration and Renewal of Services
2.1 Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package you purchase, the minimum contract term on all packages shall be 12 months from the date of signing up.
2.3When entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allows you to cancel the Contract at any time within seven working days, beginning on the day following receipt of written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling-off period has expired. As a result you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000. If we have provided technical support or assistance in those seven days then we cannot refund the package amount, as the services and support time would have been used at a cost to ourselves. However, we will offer you a package to suit your requirements and the resources you need for your services to run successfully
2.4For the avoidance of doubt, any use of the services and/or any package in the course of conducting business shall give rise to you being a non-consumer, and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
2.5Unless specifically stated to the contrary in the details of the Service and/or Package purchased, or agreed by CloudPiper in writing prior to purchase, Services are not available on a trial basis. It is your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3. Domain Names and Hosting Renewal
Should cloudpiper.co.uk not receive payment for the renewal of any or all services due for renewal by the payment due date, we reserve the right to suspend services via our automated software. Allowing domain names to lapse may result in domain names becoming available for registration by another user.
4. Change of Contact Details
It is your responsibility to inform CloudPiper immediately of a change to your contact details via your client login registration details or e-mail to support@dataoncloud.co.uk. Failure to advise us of a change may result in support, service or invoice. We cannot be responsible for any web site, email or database downtime if we have not been updated with contact details for invoice reminders that caused disruption to your hosting services.
5.1 Payments
We cannot guarantee that our service will be provided until after all payments have cleared.
5.1We accept credit and debit cards, excluding American Express.
5.2Cheques should be made payable to CloudPiper.
5.3Paypal payments should be made in UK Pounds Sterling and sent to paypal@asp-host.co.uk.
5.4Bank Transfer: You will be supplied with our banking details on signing up.
5.5Standing Order: You will be supplied with a standing order form on signing up.
5.6 Any overdue non-payment will incur late payment and possible collection administration fees in line with the Late Payment of Commercial Debts Act 1998 and Late Payment of Commercial Regulations 2013.
6. Cancellation and Refunds
6.1cloudpiper.co.uk reserves the right to cancel the service at any time for misuse of service or late payment past seven days due. If a customer contravenes CloudPiper terms of service, a refund will not be issued in the event of a cancellation.
6.2Fees charged on a prepay basis are non-refundable. Money back is within seven days from signup, only if fault of CloudPiper and response times are not delivered within the Service Level Agreement. We cannot refund due to lack customer skills in uploading a website, lack of web hosting knowledge, control panel or web scripting issues. There will be a low admin fee for each DNS release of any .co.uk, .com, .net or international domain name taken as a configuration charge as standard in IT work. This is to cover time and configuration IP DNS changes in change request form and admin time.
6.3All hosting contracts are rolled-on from renewal date. If you wish to cancel your hosting contract then please notify us by support ticket, giving 30 days’ notice before your renewal date. Failure to follow this notice procedure will result in you being liable for the next 12 months payment, even if non-use of hosting. This is to cover license roll-on charges, space usage and continuous maintenance work on the hosting servers for your data hosting pool.
6.4All monthly contracts and annual contracts are for a minimum of 12 months with auto roll on renewal for the following 12 months thereafter if no cancellation is received in form of a support ticket. If payments are still outstanding after a length of time, a daily interest rate, late payment and admin fee will be added for the amount of time the debt is owed until settled.
7. Service Level Agreement
7.1Business Users must sign-up to a business package in order to be on the correct business support response times and Service Level Agreement. If you are already a business user on a personal business package then you may be required to upgrade your package to the right user license and Service Level Agreement.
7.2All our packages are 99.9% uptime, unless a separate contract was agreed on an individual or business basis.
7.3All support is to be submitted by support ticket or request a response from the contact form where as a registered user you can reset your login details.
7.4First line support issues/response times from 10 minutes to two hours. Support example tickets include loss of passwords, basic FTP connection problems and e-mail passwords.
7.5Advanced response times for issues such as any problems with databases, downtime and e-mail problems can be up to eight hours or more.
7.6We operate support by an e-mail support ticket system for security and audit requirements to track all issues and to make sure all issues are dealt with. Please always check your junk mail
folders or spam filters to make sure cloudpiper.co.uk is not reported as spam by your filter or Internet Service provider.
8. Compensation pro-rata if service fault by hardware failure or found to be CloudPiper software operating system failure.
8.1Any service downtime outside of the 99.9% SLA of more than 24 hours downtime, compensation is awarded on evidence that the issue was by CloudPiper or service downtime failure then a pro-rata fee will be awarded based on your annual package fee if there is an escalation complaint about any outage compensation. Compensation cannot be more than the package annual total fee unless a separate agreement had been signed on a 100% Service Level Agreement such as a managed dedicated server or outsource contract. Compensation will be awarded on a pro-rata of the full annual fee which is typically one to three months on average, based on clients paying fee-based on an average 20% of the fee paid.
8.2We cannot be held responsible if your website is hacked or data web scripting is corrupted, causing you downtime.
8.3We cannot be held responsible for web work we have not designed, or misconfiguration of client uploading web files. We are only the web service provider and if the website has not been designed or coded by our own CloudPiper development team then we cannot be held liable.
9. DNS Requests and Changes Outside of Normal Hosting Support Agreement.
9.1Any IT configuration consisting of DNS changes, web scripting or database work will carry a minimum configuration charge based on the standard 30 minute rate within industry standard charges. All clients will be quoted and advised of any charge beforehand on any such web fix, e-mail add-on or DNS request that is outside of normal hosting support. CloudPiper clients have discounted rates. If the issue is a hosting fault issue, then no fee will apply, as support will be as normal.
9.2Resource issues causing your website to crash and go offline could be a typical support admin charge if you exceed capacity for your hosting package or accidentally upload a virus.
10. Data Back-Up\Shared Hosting Plans\Added 2nd Back-Up Options
10.1Our data, web files, back-up software backs up your data as part of our services, using industry standard software where the software will back up the whole server in the event of a disaster recovery procedure.
10.2There are some exclusions if a restore is not possible. In the event we are not able to restore your data from a complete Disaster or Hardware fault, then we cannot be held responsible if no second back server option was taken out on the sign-up request or not requested as part of the added services.
10.3It is important that clients keep a copy of their own web files in any Disaster Recovery or full data loss for safeguarding if a second server back-up option is not in place. If you would like to discuss a second safe option for storing your data, please contact us to discuss one of our added service plans which we call “iCloud back-up and server balance”.
11. Security\Cisco Routers\FTP Protection
Client access upload details such as FTP will lock every 28 days if not used to protect spam and third party access in protecting your security details. If you have a static IP address, we can add this to our Cisco switch so your details are not locked.
12. Unlimited Usage
cloudpiper.co.uk offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, cloudpiper.co.uk may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances cloudpiper.co.uk reserves the right to impose the High Resource User Policy for the consideration of all customers.
13. High Resource User
When a website is found to be monopolising the resources available cloudpiper.co.uk reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby cloudpiper.co.uk continues hosting the website for an additional fee.
14. Server Use
cloudpiper.co.uk provides World Wide Web page hosting. If illegal content or fraud is found, cloudpiper.co.uk have the right to suspend all services until further investigation. cloudpiper.co.uk reserves the right to refuse service and /or access to its servers to anyone if abused cloudpiper.co.uk do not allow any of the following content to be stored on its servers: illegal material, including copyrighted works, commercial audio, video, or music files, and any material in violation of any Government regulation, adult material, including pornography, erotic images or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of cloudpiper.co.uk.
15. Indemnification
You agree to defend, indemnify, save and hold cloudpiper.co.uk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against cloudpiper.co.uk, its agents, its customers, officers and employees, which may arise or result from any service provided or performed or agreed to be performed or any product old by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless cloudpiper.co.uk against liabilities arising from;
(1)Any injury to person or property caused by any products sold or otherwise distributed in connection with cloudpiper.co.uk server;
(2)Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3)Copyright infringement and
(4)Any defective products sold to customers from cloudpiper.co.uk’ server.
16. Disclaimer
cloudpiper.co.uk will not be responsible for any damages your business may suffer. It’s the customer’s responsibility to keep backups of any web files, E-mails or additional services such as databases and any web file data and all your web files. cloudpiper.co.uk makes no warranties of any kind, expressed or implied for services we provide. cloudpiper.co.uk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by cloudpiper.co.uk and its employees. cloudpiper.co.uk reserves the right to revise its policies at any time due to the nature of internet industry.
17. Complaints & Escalations
Please e-mail any complaint, service escalation or billing issue to support@dataoncloud.co.uk. Our service team will review your comments and provide an answer to your concerns. Please allow one to 10 working days for a response to your inquiry.