Terms of Use

DEFINITION OF TERMS

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: “Cloud Zone”, “us”, “we” and “our” means Cloud Zone Limited; “Service”, means services provided by Cloud Zone; “client”, “your” and “you” means the party or parties who the services are provided to.

Cloud Zone provides you with a variety of online services including, but not limited to, web hosting, domain name registration, database hosting, data backup, email, website design, website development and website maintenance (the “Service”). Unless stated otherwise, any new service features that enhance a current service shall be subject to our Terms of Use.

PROVIDING US WITH INFORMATION

You agree to provide true, accurate, current and complete information relating to who the services are being provided to, whether being an individual, organisation or registered company. You also agree to maintain and promptly update your account information to keep it accurate, current and complete. This information is used to notify you of anything which affects the Services and we do not take any responsibility for any loss, damages or expenses you incur if we have been unable to contact you due to inaccurate or incomplete details.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Cloud Zone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cloud Zone has the right to suspend or cancel your account without notice and refuse any and all current or future use of our services.

We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.

Cloud Zone does not provide credit references in way or any form.

USER ELIGIBILITY

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to use our services, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide Cloud Zone with your full legal name, postal address, telephone number and an email address that is not hosted through Cloud Zone for our records, and you have a continued obligation to keep this information current.

PROVIDING YOU WITH SERVICE

We aim to provide you highly reliable services that can be accessed at any time. To support our commitment, all Cloud Zone clients are covered by our Terms & Conditions and Privacy Policy. A copy of these agreements can be requested at any time or downloaded from the Cloud Zone website.

Cloud Zone will endeavour to provide the Services with due care and skill, however we do not guarantee and represent and Services provided will:

• Be uninterrupted or error free;
• Meet your requirements, other that as expressly set out in this agreement;
• Be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of Cloud Zone

If you use our services for personal or non-commercial use, you can exercise your rights under the Consumer Guarantees Act 1993 (CGA) and our Service Agreement does not limit your rights. However if you use our services for business purposes (or you have told us you will do so) then we exclude all warranties implied under the CGA.

ACCEPTABLE USE

You agree that you are at all times responsible for the use of your account and ensure that anyone accessing your account is aware of and complies with our terms of use, terms & conditions and privacy policy.

Cloud Zone’s services may only be used for lawful purposes. Any use which violates any national or international laws which may apply to Cloud Zone or any jurisdiction that you may be subject to is strictly prohibited. While using a Cloud Zone service, you will not:

Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.

Cloud Zone will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.

ACCEPTABLE USE : SERVER PERFORMANCE

If your web site affects the performance or security of the server system, Cloud Zone at its sole discretion, without notice, may immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the server system as a whole.

ACCEPTABLE USE : SPAMMING

This means sending unsolicited bulk and/or commercial electronic messages over the internet. Spamming from any server located on the Cloud Zone network is STRICTLY prohibited.

Cloud Zone will be the sole arbiter as to what constitutes a violation of this provision. The accounts of any user who sends spam will be terminated without notice, regardless of whether the messages were sent from a Cloud Zone server or from another server advertising a site hosted on Cloud Zone servers.

30 DAY MONEY BACK GUARANTEE

Cloud Zone’s services (Website Design and Development) are backed by a 30-day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your service, you will be given a full refund of the monthly fees excluding any applicable setup fees, 3rd party services, overages or domain name registrations. Your account must be cancelled within the first 30 days of service and you must provide a valid reason for cancellation for the guarantee to be honoured. Refer to ‘Cancellation of Service’ for the accepted cancellation methods.

PAYMENT

You agree to pay Cloud Zone for all services in full before the date stated on the invoice. If payment is not received within this period, you will be emailed an overdue notification stating the amount owing and a service suspension date. If payment in full has not been received by the advised suspension date, your services will be suspended without further notice.

Suspended accounts are cancelled after a further 14 days at which time all data and account settings are deleted from our servers. If any outstanding service fees have still not been received, your account will be referred to our debt collection agency and you will incur all costs of collection pursuant to the Fair Trading Act, 1986.

Cloud Zone reserves the right to refuse service to any individual, organisation or company which has previously not complied with our Terms of Payment.

RIGHT TO REFUSE

Cloud Zone may at any time and without notice to you, suspend, or refuse to continue to provide service without providing any reason at any time prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised.

CANCELLATION OF SERVICE

You fully understand that until and unless you notify Cloud Zone of your desire to cancel any or all services received, and you complete the cancellation process, those services will continue to be provisioned and invoiced on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation.

Without exception, all service cancellations requests must be submitted through the Client Portal of the account in question.

Submission of this online form will generate an automated email to confirm the service cancellation to both you and Cloud Zone – that is the only proof of cancellation that will be accepted by Cloud Zone. There are no refunds or credits once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.

Cloud Zone will not accept verbal or emailed instructions to cancel a service or account.

SERVER MAINTENANCE & UPDATES

Cloud Zone performs regular upgrades and updates to server applications. These upgrades/updates may require you to update/upgrade your code to be compatible with new versions. You agree to take full responsibility for implementing these updates. Cloud Zone is not responsible for web site malfunctions after upgrades/updates due to clients running incompatible code.

SCRIPTS

Where you use server side code, you agree to test all code in local test environment before uploading to Cloud Zone’s servers. You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. All installed scripts must be updated with the latest releases and you must ensure that it is not possible to abuse such scripts to gain access to the file system of the server, affect the service of other clients on the server, or to send emails to third parties. Cloud Zone reserves the right to suspend or cancel your account without notice if a script installed by you is not up to date, is found to be affecting the overall performance of the server, or has been compromised.

INDEMNIFICATION

You agree to fully defend and indemnify and hold harmless Cloud Zone of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including lawyer’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Cloud Zone in any way related to your use of Cloud Zone services or any portion thereof.