Terms and Conditions
Before placing an order with Purple Cloud you must agree to these terms and conditions.
See Also
1. Defintions
"Purple Cloud", "We", "Us", "Ourselves" means Purple Cloud, a trading name of Every City Limited (registered in England and Wales no. 5689474). Our (registered) address for service is 61 Earlswood Street, London SE10 9ET.
"You", "The Customer" means the person purchasing services from Purple Cloud.
"Services" means domain name registration and/or website hosting and/or email and/or any other service or facility provided by us to you.
"Server" means the computer server equipment used to provide the customer with services.
"Website" means the area on the Server allocated by us to you for use by you as a site on the Internet.
2. Domain Name Registration
2.1 You may request us to purchase a domain name and register it in your name. At the time of ordering we will indicate whether or not your chosen domain is available. Regardless of this check, we may be unable to register your chosen domain at the time of order processing. In this case you may request an alternative domain or a refund to the value of the domain registration fee. You should not assume registration until we notify you of its successful registration. Any action taken by you before such notification is at your risk.
2.2 We may refuse to register any domain name for any reason. In this case you will be refunded your registration fee. Registration by us of any domain name does not grant or imply the grant to you of the right to the use of such domain name in whole or part.
2.3 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name and/or any restrictions on its use and/or by reason of the terms and conditions and/or their effect.
2.4 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. In such circumstances we shall also be entitled to but not obliged to make representations to the relevant naming authority and we shall not be obliged to take part in any such dispute. Any expense or costs we incur including our time costs in connection with such dispute or proceedings will be reimbursed by you on an indemnity basis.
2.5 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.6 We will release on request your domain name to another provider of your choice provided that full payment has been received. We will continue to host this domain if you wish in accordance with the relevant conditions below.
2.7 We reserve the right to refuse registration of any requested domain name where we believe that there may be subsequently be a challenge by a Trademark or Unregistered Trademark holder. If you are unsure at all about the existence of a potential Trademark conflict you should go to the Patent Office website at http://www.patent.gov.uk where existing Trademark applications / registrations may be checked online. We will accept no liability for any claims against a domain name holder from the holder of any registered or Unregistered Trademark. Registration by us does not imply that the name does not infringe any trademark or other right. Our fees remain payable even should the domain name infringe a third party trademark or right.
3. Website Hosting and Email
3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
3.3.1 You will not use the Server in any manner which infringes any UK law (or laws applicable in your own country) or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.6 You shall procure that all mail is sent in accordance with application legislation (including data protection legislation) and a secure manner.
3.7 In the case of an individual User, you warrant that you at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
3.8 All communications with us shall be in English only.
3.9 Customers should have a reasonable working knowledge of the working of website and email to the point of being able to use our services unassisted. We are not obliged to offer support with respect to the configuration of software to use our services (other than to provide the necessary server details) nor to the development of websites.
3.10 Any access to other networks connected to Purple Cloud must comply with the rules appropriate for those other networks.
3.11 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4. Dialup Service
4.1 Customers are wholly responsible for payment of all telephone charges incurred by the use of our dialup internet access service. 0845 calls are generally charged at the local rate but you should check with your telecoms provider for exact call rates.
4.2 As this is a free service, we reserve the right to remove it at any time without notice.
4.3 Where applicable, all standard Purple Cloud terms and conditions also apply to this service, not just those in this section.
4.4 Use of the service (i.e. establishing a connection) denotes full acceptance of these terms and conditions.
5. Additional Charges
5.1 Payment must be made for all services before they are provided.
5.2 If you exceed your data transfer allowance, you will be charged in accordance with our current prices published on our website. If these charges are not paid within a reasonable time period your services may be suspended pending payment.
5.3 We may apply additional charges to your account if we consider your actions have led to an additional cost, financial or administrative, to ourselves. If these charges are not paid within a reasonable time period your services may be suspended pending payment.
5.4 Our time charges where applicable are as follows: management £40 per hour; technical £40 per hour; administrative £25 per hour.
6. Service Availability
6.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
6.2 We may at our discretion offer customers some form of compensation in the form of free services in the event of service failure. Details of such an offer will be made available on our website or via email to customers. We reserve the right to refuse compensation to any persons for any reason.
6.3 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 10 days you will be notified of the reason.
6.4 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any on account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services immediately.
7. Ordering and Payment
7.1 All payments must be in UK Pounds Sterling in line with the charges published on our website and given before you confirm your order.
7.2 If a cheque is returned by our bank as unpaid for any reason, you will be liable for our banking costs and time costs. These will be added to your order and must be paid before the order will be processed. You may cancel the remainder of the order if you wish.
7.3 Your order will only be processed (hosting services activated / domains registered) once full payment has cleared. We will endeavour to process orders within 24 hours of receipt of payment.
7.4 We reserve the right to refuse any order for any reason. Any monies paid to us with respect to such an order will be refunded.
7.5 Unpaid orders may be cancelled by us at any time.
8. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
9. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
10. Termination
10.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith.
10.2 If you break any of these terms and conditions and you fail to correct the breach within 10 days following written notice from us specifying the breach, we may suspend and/or terminate this Agreement forthwith upon written notice. Written notice can include an email to your account address.
10.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
10.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts outstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Website as we think fit.
10.5 In extreme circumstances, we reserve the right to terminate any account for any reason. At our discretion we may offer a refund for the unused period of services for which you have already paid less such time costs as we may reasonably incur.
10.6 You may within 14 days of the activation of your account request that it be cancelled. In this case we will refund to you your full payment as paid to us. This does not apply to domain name registrations.
10.7 After 14 days of service refunds will only be offered at the discretion of the management, the decision of which is final. This includes any cases where this agreement is terminated by either party for one of the reasons set out above.
11. Limitation of Liability
11.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 11.2.
11.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
11.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
11.4 In any event no claim shall be brought unless you have notified us of the claim in writing within one year of it arising.
11.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
12. Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other addresses as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
13. Law
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
14. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
15. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and condition. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
16. Changes to our Terms & Conditions
We may from time to time make changes to these terms and conditions. Updated terms will appear on our website and you will also be notified by email 10 days before they come into effect. It is your responsibility to ensure that your account email address is kept current. If you do not agree with our updated terms you may terminate this agreement and close your account under the existing terms.