Terms & Conditions


This page tells you the terms and conditions on which we supply our services described on our website vertigocloud.co.uk to you ("Services"). Our service is a content hosting service ("Hosting Service").

Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. We would recommend you read through the terms carefully, printing a copy of your records if required.

Information About Us

  1. vertigocloud.co.uk is owned and operated by NY Web Solutions (we, our, us).
  2. Please note that by using our services you consent to us contacting you via email. This forms our primary way of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account information.
  3. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.

Your Status

  1. By placing an order through our website, you warrant that:
    1. you are legally capable of entering into binding contracts
    2. you are at least 18 years old.
  2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

Prohibited Uses

  1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
    1. in any way that breaches any applicable local, national or international law or regulation
    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
    3. for the purpose of harming or attempting to harm minors in any way
    4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
    5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

Content Standards

  1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
  2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
  3. Material must:
    1. be accurate (where they state facts)
    2. be genuinely held (where they state opinions)
    3. comply with applicable law in the UK and in any country from which they are posted
  4. Material must not:
    1. contain any material which is defamatory of any person
    2. contain any material which is obscene, offensive, hateful or inflammatory
    3. contain any material that is pornographic
    4. promote violence
    5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
    6. infringe any copyright, database right or trade mark of any other person
    7. be likely to deceive any person
    8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
    9. promote any illegal activity
    10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
    11. be likely to harass, upset, embarrass, alarm or annoy any other person
    12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
    13. give the impression that they emanate from us, if this is not the case
    14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

Reselling

You agree not to:

  1. re-sell or offer for the use of third parties any part of our Hosting Services

Suspension and Termination

  1. We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  2. Failure to comply with these terms constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
    1. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
    2. immediate, temporary or permanent removal of any Material uploaded to our servers
    3. issue of a warning to you
    4. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
    5. further legal action against you
    6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary

Billing

  1. VertigoCloud is a pre-pay service. You are responsible for keeping your account balance positive.
  2. Usage costs will be deducted from your account balance at the end of each calendar month.
    If your available balance does not cover your usage costs for the month, this will result in a negative balance (arrears).
  3. If your account balance is negative and you do not pay the arrears within 15 days, your services will be suspended and data deleted.
    We may bring legal action to collect the full amount due, including any legal fees and costs.

Refunds

  1. If you no longer require the use of this Hosting Service you can request a refund of your remaining credit.
    1. Refunds will only be given if there are no active buckets on your account.
    2. Refunds can only be made to the original payment method.
    3. Usage costs for the month will be deducted from the amount refunded.
    4. Your account will be disabled and you will need to top-up again before you can use this Hosting Service.

Changes to our Terms & Conditions

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

(Last modified: 17th June 2020 09:21:08 UTC)

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