Terms, Conditions, and Policies
These terms set out the legal rights and obligations for both us and you in relation to our services. Please read each of these policies carefully.
Information about us
- We operate the website https://www.zeuscloud.co.uk/ We are Zeus Cloud LTD, a company registered in England and The States under company number 09197954 and with our registered office at Yeovil Innovation Centre Copse Rd, Barracks Cl, Yeovil BA22 8RN
- To contact us, please see our Contact Us page.
Use of our site
- Your use of our site is governed by our Website Terms of Use. Please take the time to read these, as they include important terms which apply to you. When using our site, you must also comply with the provisions of our Website Acceptable Use Policy.
How we use your personal information
- We only use your personal information in accordance with our privacy policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
Our Contract with you
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the "Contract"). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms, or any document expressly referred to in them.
- Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
How the Contract is formed between you and us
- Our order process allows you to check and amend any errors before submitting your first order to us. Please take the time to read and check your order on each page of the order process.
- After you place an order for hosting Services, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
- If you are ordering hosting Services with us, we will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). If you are ordering domain registration Services with us, we will confirm our acceptance to you by sending you an invoice. The Contract between us will only be formed when we send you the Order Confirmation or invoice as described above.
- The terms of our contract for hosting Services are as described in each invoice you receive from us. Once we have provided domain registration Services for you once on any given domain, we will send you an invoice for domain registration Services when payment for that domain is next due unless you inform us otherwise.
- Unless the Contract is cancelled by either party in accordance with clause 12 below or is amended by agreement between us, the Contract will renew automatically for the same term as the previous Contract at the Price as described in clause 10 below.
- If we are unable to supply you with the Services ordered, for example because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
Our right to vary these terms
- We may revise these Terms from time to time, including but not limited to the following circumstances:
- Changes in how we accept payment from you; and
- Changes in relevant laws and regulatory requirements.
- Every time you order Services from us or the Contract between us is renewed, the Terms in force at that time will apply to the Contract between you and us.
Providing Services
- We will supply the Services to you from the date set out in the Order Confirmation, in the case of hosting services, or invoice, in the case of domain registration services, until the completion or renewal date set out in the Order Confirmation. Where no completion date or renewal date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms.
- Where the Order Confirmation sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 17 for our responsibilities when an Event Outside Our Control happens.
- We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
- You are responsible for obtaining:
- Suitable licenses of third-party software; and
- Any third-party cooperation and consents, which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licenses and consents to us after we have asked.
- We may have to suspend the Services if we must deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.
- Our distributed denial of service ("DDoS") protection is a network wide solution that covers all our infrastructure. It can mitigate most DDoS attacks, but if the attack is large enough, I.P. addresses, servers or websites may be blacked or removed from the internet whilst the attack is in progress.
- If you do not pay us for the Services by the due date for payment, as set out in clause 11, we may suspend the Services 7 days after the due date until you have paid us the outstanding amounts. We will contact you by email to tell you this. This does not affect our right to charge you interest under clause 11.3.
- Implementation and Transition
- We will make available the Services on or before the start date specified in the Order Confirmation.
- At your request and subject to our Free Migration offering, we will use reasonable endeavors to:
- Assist with the transfer of your website from your own development server; or
- Assist with the transition of any of your website(s) from any third-party host
- During our scheduled server upgrades, we may provide an additional 28-day window for Domain Name System ("DNS") modifications to be performed. This will be provided at our discretion and does not apply to all migrations.
- Where the Services we provide to you include shared hosting, we will make available to you:
- Hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
- The ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the "Hosted Materials") by FTP or similar means.
- You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights ("Inappropriate Content").
- For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.
- With our Reseller Hosting accounts you can resell our cloud hosting and manage multiple websites with our fully white label plan. Please note that we will not support your customers directly. Please do not ask your customers to contact us for support. If your customers do contact us for support issues, we will redirect them to you.
- Our Managed WordPress Hosting
- Hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
- If you are using resources in excess of your current plan we will contact you to give you the option to either reduce your use of resources going forwards to fit within your plan, or to remain on your current plan but pay for upgraded resources where this is appropriate, or to upgrade to a plan that fits your use of resources.
- If we have tried to contact, you on at least two occasions but you have not confirmed which of the options in 7.10.2 above is your preference we may upgrade your account to the plan that fits your use of resources. Where possible we will keep you on the same plan but upgrade your resources, if this is the cheaper option. You agree to pay the increased charges associated with these changes.
- If we have contacted you in line with 7.10.3 above and you choose to remain on the same plan by reducing your use of resources but do not in fact reduce resources to fit within the terms of the plan, we will upgrade your account to the plan that fits your use of resources. In this situation, fees for the upgraded plan will be back dated to the earlier of either the date we attempt to contact you for a second time or the date of our original communication regarding your exceeding the resource limits for your account.
- You may downgrade your plan at any time to fit a plan with lower resource limits if it reflects your use of resources.
- You may only upgrade or downgrade to a plan available on our website.
- Managed Virtual Private Servers ("VPS")
- Each Managed VPS has its own resource limits. If a Managed VPS has exhausted its resources, we may contact you to advise you of that.
- If there are on-going problems with a Managed VPS that are caused by resource exhaustion and if you are persistently not taking our advice to upgrade the relevant resources, we may at our discretion remove management from your VPS. If we do this, we will inform you.
- If we remove management from your VPS, you may upgrade your resource limits to reflect your systems’ requirements and return the VPS to being managed. However, unless you reduce your use of resources or upgrade your resources as needed, we may refuse management or cancel your managed VPS service.
- If management is removed from your VPS for any of the above reasons, you will become responsible for paying for any licenses that were included free of charge or at a discount within your managed VPS fee.
- Virtual Private Server "VPS" and Dedicated Servers
- Where the Services we provide to you include a dedicated server, we will make available a VPS/dedicated server meeting the specification set out on our site, and will grant to you administration rights with respect to that server except where the services are managed, in which case we may refuse any request to change the configuration of the VPS/dedicated server at our sole discretion.
- For unmanaged dedicated servers you acknowledge that we will not provide support in connection with the administration of such VPS/dedicated server, and you warrant that you have all necessary expertise to configure, always manage and keep the VPS/dedicated server secure.
- You will not configure, or allow any other person to configure, a VPS/dedicated server in any way contrary to the guidelines published on our site from time to time.
- We may sometimes require that you apply software and/or hardware upgrades to the VPS/dedicated server.
- Un-managed dedicated systems are provided with a guarantee of power availability 100% of the time in any calendar month, and network connectivity availability 99.99% of the time in any calendar month, except where it has been necessary to explicitly black-hole access to an IP directing to your system to mitigate a DDoS attack against it as outlined in clause 7.6.
- A service credit equal to the service cost of any hours either resource is unavailable for greater than the time provided by this guarantee whenever this is not met will be provided to you on request.
- For the avoidance of doubt, dedicated servers made available under this Contract will always remain our property.
- Where the Services we provide to you include email transmission, storage and/or management services:
- We will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Services description.
- All shared hosting mailboxes will be protected by our anti-spam and anti-virus solution, StriKe.
- Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site, but we do not warrant that we will be able to do so.
- You warrant that:
- The information submitted for domain name registration purposes is current, accurate and complete.
- You have the legal right to apply for and use the domain name, and
- Your use of the domain name will not infringe any person's Intellectual Property Rights or other legal rights; and
- You will keep the information required for a domain name registration up to date (which changes may be subject to additional payments as set out on our site).
- We may not always be able to determine whether a domain will cost more than the standard price to register before we apply to register it. These domains are known as "premium domains". If we apply to register or renew a domain and the relevant registry or registrar rejects the application on the basis that the fee for your chosen domain is greater than the amount, we have advertised on our site we will communicate this to you. We will then provide you with the option of either paying the greater fee for your chosen domain name by sending you a revised invoice with a view to proceeding with your chosen domain name or will cancel the invoice for the domain name registration and refund any payments you have made against it if you decide you do not wish to proceed with registration at the higher price.
- You accept that certain information submitted for a domain name registration will be published on the internet via "WHOIS" services.
- We may, in our sole discretion, reject any request to register a particular domain name.
- We do not offer any advice in relation to any actual or potential domain name dispute and will have no liability in respect of the suspension or loss of a domain name by you because of any domain name arbitration procedure or court proceedings.
- Domain name registrations will be subject to periodic renewal and transfer fees as stated on our site. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
- You acknowledge that domain names will be subject to the rules and policies of the relevant registry. You agree to abide by all such rules and policies. You acknowledge that the registration of domain names will also be subject to the terms and conditions and privacy notice of any registrar we engage to register a domain name on your behalf. For domains that cannot be registered by us directly with Nominet UK we will apply to register them via a registrar of our choice. Our preferred registrar is Netistrar Ltd, and their terms can be found here: netistrar.com/terms/ although we reserve the right to change our preferred registrar without providing further notice.
- You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.nominet.uk - for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.
Free domains
- The free domain offer on certain plans is only for the first year and is only valid in standard domains: e.g. .uk, .com, .org. This isn't applicable on premium TLDs. e.g.. London.
- Certain of our Services come with free lifelong domains. These are only for the life of the specific plan and will return to full price as and when the specific plan is cancelled or downgraded.
- The free domain should be chosen at checkout with your hosting. This cannot be redeemed after your initial hosting purchase.
- Free domains are only applicable to new hosting accounts only, upgrading or switching from another Krystal hosting package will not qualify for a free domain.
- If the hosting is refunded the cost of the free domain will be deducted from this as the domain is yours to keep until expiry.
- You warrant that before submitting a request to us to transfer a domain that you will have already received consent to share the personal information for all domain contacts (for example, but not limited to, name, email address, home or business address, telephone contact information) with us, and/or the new account holder.
- The Company will use reasonable endeavors to respond to requests for support in relation to our support Services.
- For business web hosting services, managed VPS and managed dedicated servers, we will use reasonable endeavors to ensure that a member of our support staff can be reached by telephone in an emergency.
- We may be limited in the Services we can offer by the rules and regulations set out by our suppliers. This may limit or prevent us offering Services to customers in certain geographical areas. We have various suppliers who may apply such restrictions on us.
Intellectual Property Rights
- For the purpose of this Contract, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
- You retain all Intellectual Property Rights in the software and materials that you provide to us, and you grant us a license to such Intellectual Property Rights to the extent required for us to fulfil our obligations pursuant to this Contract.
- All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the "Works") shall be our property, and we hereby grant to you a non-exclusive license to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
If there is a problem with the Services
- In the unlikely event that there is any defect with the Services:
- please contact us through the helpdesk or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);
- please give us a reasonable opportunity to repair or fix any defect; and
- We will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.
- You will not have to pay for us to repair or fix a defect with the Services under this clause 9.1.
- If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- An account may be terminated with immediate effect if abusive behaviour is directed at our staff.
Price of Services
- The prices for the Services will be as quoted on our site or as otherwise agreed between us.
- Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation (in the case of hosting Services) or with an invoice (in the case of domain registration Services) or during the period shown on subsequent invoices in the case of renewals.
- The price of the Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
- Our site contains several Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services, you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
- Payments in respect of domain name registrations and domain name renewals (as more particularly set out at clause 7.12) are non-refundable.
- Reduced price trials are for new clients only.
How to pay
- You can only pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
- Payment for the Services is in advance and may be made (i) monthly or (ii) annually, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
- If you fail to make any payment due to us under this Contract by the due date (plus 7 days) then, without limiting our remedies under clause 11, you shall pay a fixed late fee on the overdue amount at whichever is the greater of 3% or £5. You shall pay the penalty charge interest together with the overdue amount.
- Adding your card to file authorizes us to auto bill you on your due date. You can manage this via your client area.
- We use Stripe to process card payments. When you use our card payment system you confirm that you are permitting us to initiate a payment or series of payments on your behalf. You confirm that we may either take payments as a one-off or on a recurring basis as indicated on our payment page. You confirm that the payment amount will be determined by reference to our charges at the time as described on your invoice.
Termination
- Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:
- Commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within 30 days of request from the Non-defaulting Party for remedy by serving written notice; or
- Is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
- Without prejudice to any rights accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving 30 days' written notice to the other party. At our discretion we may accept requests to terminate Services in situations where you provide us with less than 30 days notice. You may be required to submit a cancellation request in the client area in order for us to process your cancellation. Notwithstanding the foregoing, if you have agreed and paid for Services on an annual or multi-year payment basis, we shall not be obliged to refund any pro-rated payments if you cancel during the annual or multi-year term.
- In accordance with our Hosting Acceptable Use Policy, an account may be terminated by us unilaterally, without notice and at our discretion if we consider an account holder to be in breach of the stated prohibited uses.
- An account may be terminated with immediate effect if abusive behavior is directed at our staff.
Consequences of Termination
- Other than as set out in these Terms, neither party shall have any further obligation to the other under the Contract after its termination.
- Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.
- Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
- If a Contract is terminated pursuant to clause 12.2 or by you pursuant to clause 12.1:
- we will promptly provide to you an electronic copy of the Hosted Materials; and
- we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.
Our liability if you are a business
This clause 14 only applies if you are a business customer.
- Nothing in these Terms limit or exclude our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; or
- Any other area where it would be unlawful or invalid to seek to exclude liability.
- Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- Any loss of profits, sales, business, or revenue;
- Loss or corruption of data, information or software;
- Loss of business opportunity;
- Loss of anticipated savings;
- Loss of goodwill;
- Any indirect or consequential loss.
- Subject to clause 14.1 and clause 14.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services in the previous twelve month period.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Services are suitable for your purposes.
Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
- Nothing in these Terms limit or exclude our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; or
- Any other area where it would be unlawful or invalid to seek to exclude liability.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by us when we entered the Contract.
- We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 above, we have no liability to you for any:
- Loss of profits, sales, business, or revenue;
- Loss or corruption of data, information or software;
- Loss of business opportunity;
- Loss of anticipated savings; or
- Loss of goodwill.
- Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services in the previous twelve-month period.
Indemnity
- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- any breach by you of the warranties contained in clause 7; and
- any claim made against us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
- An 'Event Outside Our Control' means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Communications between us
- When we refer, in these Terms, to 'in writing', this will include e-mail.
- If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at info@zeuscloud.org. We will confirm receipt of this by contacting you in writing by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent or 24 hours after posting on our website. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Data Protection
- Please read our Privacy Policy for further information (can be viewed under the 'Privacy Policy' tab above).
Other important terms
- This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
- You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
- A person not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
- If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
- The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
- Calls may be recorded for training or monitoring purposes.