Company - Cloud Five Limited, company number 13830058 , registered at 27 Old Gloucester Street, London, United Kingdom.
Support Helpdesk - Online customer support platform available at https://clients.cloud-v.net/tickets/
Customer Portal - Online customer service platform located at https://clients.cloud-v.net/
Personal Information - Customer’s personal details (Customer’s legal name, date of birth) and contact information (Customer’s address, contact details, e-mail address) and information regarding the Service used by the Customer (Service usage volume and history, Customer’s payment history), held with Cloud Five Limited.
Customer - A natural or legal person or entity in current contractual relationship with Cloud Five Limited based on a Customer Agreement, and acting in person or via their legal or authorized representative. Unless the Parties agree otherwise, a natural or legal person may become a Customer only if the natural person is of legal age to form a binding contract and is not a person barred from receiving services under the laws of United Kingdom.
Service - Any services provided by Cloud Five Limited to the Customer, including but not limited to dedicated server, cloud server, web hosting, domain names, SSL certificates.
AUP - Acceptable Use Policy. Available on the Company Website at https://clients.cloud-v.net/page/acceptable-use-policy/
2.1 By using or accessing our service you agree to and are subject to our Terms of Services. If you do not agree to this agreement, you should not access or use our Service.
2.2 Cloud Five Limited is entitled to refuse to conclude an Agreement if the other Party has violated Cloud Five Limited’s or related third parties’ terms of service (e.g. a payment obligation) or best practices of Internet usage, or for other good reasons as determined by the Company.
2.3 The Customer has the right to withdraw from an Agreement concluded online within seven (7) calendar days of the date of concluding the Agreement, by terminating Service in the Customer Portal. If, during termination of Service, the Customer requests a refund of the fee for the unused portion of the Service (the sum paid minus a fee for payment processing and the days when the Service was used), a refund will be made within 7 days, but no later than 15 days after Cloud Five Limited receives the notice of withdrawal from the Agreement.
2.4 Cloud Five Limited does not provide refund for domain name registration and transfer, custom products and managed services.
3.1 At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 48-hour money-back (refund) guarantee.
3.2 Each refund request must be submitted using our support ticket system located at Customer Portal. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued.
3.3 Cloud Five Limited will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Cloud Five Limited retains the right to grant or deny any refund or credit request - not affected by date.
3.4 Crypto Currency, AliPay and WeChat payments are non-refundable but may receive an account credit. To prevent abuse, only a client's first invoice is eligible for a refund unless stated otherwise.
3.5 Your contract is always renewed automatically unless we are notified otherwise.
4.1 Cloud Five Limited offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes.
4.2 In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support.
5.1. To ensure continuous Service availability to the Customer at all hours.
5.2. In case of an interruption of Service, availability due to circumstances not under the Customer’s control, to resolve such circumstances in Company's area of service at own expense within the term specified in this Agreement.
5.3. To inform the Customer at least 48 hours in advance of any circumstances preventing use of Service, including suspension of communication due to technical reasons.
5.4. Cloud Five Limited reserves the right to amend their prices and terms of Service by notifying the Customer in writing at least 30 calendar days in advance.
5.5. Cloud Five Limited reserves the right to amend the general terms of Agreement by publishing the latter on the Website and notifying the Customer in writing at least 30 calendar days in advance.
5.6. Cloud Five Limited is entitled to suspend or terminate the Service if the Customer violates the terms of this Agreement, e.g. if the Customer has not paid an invoice within 3 days after the due date specified on the invoice, service will be suspended.
5.7. Cloud Five Limited is entitled to terminate provision of Service to the Customer with no advance notice if the Customer has violated the Acceptable Use Policy (AUP).
5.8. Cloud Five Limited aspires to keep their services up to date and competitive. Company reserves the right to amend the principles of Service provision, including the technology and software applications used for Service provision, without giving advance notice to the Customer. Such amendments may be made due to changes in legislation, technological developments, and security issues.
6.1. The Customer is entitled to use the Service according to their wishes and needs, but only according to its intended use. The Customer undertakes to use the Services according to the AUP, the Agreements, the applicable legislation (including intellectual property legislation), the principle of good will, and best practices.
6.2. The Customer is obligated to:
6.2.1 pay for Services used based on invoices issued by Cloud Five Limited by the payment term specified on each invoice;
6.2.2 inform company of any network deficiencies, malfunctions and disturbances by creating a ticket at Support Helpdesk or sending an e-mail to [email protected];
6.2.3 not use the Service in a way that would interfere with the functioning of the communications network, technical systems, and servers;
6.2.4 update their contact information in the Customer Portal if this information changes.
6.3 The Customer will pay the monthly fee for periods when Service provision is limited or suspended pursuant to Sections 5.6, 5.7 and 6.2.3. The Customer undertakes to use the Services according to the technical parameters of the plan they have subscribed to; if the technical parameters are insufficient, the Customer shall subscribe to a sufficient Service / additional resource. If the technical parameters are determined to be insufficient (e.g. server resource usage by the Customer exceeds the agreed total volume), on the first occurrence Company will request that the Customer bring their Service usage in line with the Agreement within one (1) week. If the Customer does not fulfill this request, additional fees for exceeding the resource limits specified in the Agreement will apply to the Customer, if such fees are listed in the Price List. On any following occurrences, Company will apply the additional fees without giving a deadline for ceasing the violation.
7.1 Cloud Five Limited will issue Service invoices to the Customer based on the billing cycle of the subscription. The invoice will be issued from the date the Service was activated in the Customer Portal, regardless of whether the Customer has actually used the Service.
7.2 The Customer undertakes to immediately inform Cloud Five Limited of non-receipt of Service invoice, and of any mistakes found on the invoice.
8.1 Cloud Five Limited reserves the right to amend the terms of the Agreement unilaterally pursuant to changes in legislation or judicial practice, pursuant to an administrative authority’s control actions, or pursuant to other material circumstances regarding Service provision. Cloud Five Limited will publish amended terms on its Website no later than 30 days before they take effect. If the Customer does not agree to the amended terms, they may terminate the Agreement within 30 days.
8.2 The Customer is entitled to terminate the Agreement at any time by terminating the relevant Service(s) in the Customer Portal.
8.3 If the Customer terminates the Agreement, they must pay for Services provided by Cloud Five Limited until the time Service provision is terminated. If the Customer terminates the Agreement before the end of a billing period, and the Service Agreement specifies a periodically billed fee, the Customer must pay the entire billing period fee without right for refund.
8.4 Cloud Five Limited may terminate the Agreement within 10 days if the other Party violates the Agreement repeatedly and Service has been restricted pursuant to Sections 5.6, 5.7 and 6.2.3 and the basis of the restriction is still present.
9.1. Cloud Five Limited will not be liable for communication interruptions or technical problems if the requirements of Sections 5.6, 5.7, 6.2.2 and 6.2.3 have been violated.
9.2. Parties will not be liable for non-performance or malperformance of obligations arising from the Agreement due to force majeure.
9.3. Any unforeseeable circumstance which the Parties have no control over, including, but not limited to fire, explosion, natural disasters, war, etc., will be considered to be force majeure.
9.4. The occurrence of force majeure will not relieve the Parties of their obligation to minimize damages arising from force majeure, and the Parties will be obligated to resume performance of their obligations as soon as force majeure ends.
9.5. Cloud Five Limited may monitor the use of its services and may disclose information on the use of services if obligated by law enforcement.
9.6. Cloud Five Limited does not guarantee that usage of the Service is trouble-free or without interruption.
9.7. Advice provided by Cloud Five Limited or its representatives can not be regarded as a guarantee.
9.8. Cloud Five Limited will be liable for any direct proprietary damage caused to the Customer by violation of its obligations under the Agreements. Responsibility is based on intent or gross negligence. Company's maximum liability will not exceed one (1) month’s fee for the relevant Service.
9.9. Cloud Five Limited is not liable for claims or damages resulting from inadequate measures and practices of the Customer; Internet-based attacks and network traffic interception.
9.10. Any disputes regarding the performance, amendment or termination of the Agreement will be resolved between the Parties. If an agreement cannot be reached, the judgement of the Company shall be considered final.
9.11. The Customer is obligated to pay all expenses associated with debt recovery, including the cost of issuing reminders, legal costs, and debt collection service fees.
10.1. Information submitted by the Customer will be considered to be confidential, and Cloud Five Limited undertakes to not disclose it to third persons without prior written authorization from the other Party, excluding circumstances set forth in the legislation of the United Kingdom of Great Britain and Northern Ireland.
10.2 Cloud Five Limited may submit and disclose the Customer’s information to credit rating agencies and debt collection agencies if the Customer has outstanding debt.
10.3 The confidentiality obligation will remain in effect indefinitely after termination of the Agreement.
10.4 Cloud Five Limited's employees are obligated to maintain the confidentiality of confidential information learned in the course of their duties even after the processing of such information is completed and after their employment ends.