This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we supply any services ("Services") listed on our website ("our site") to you.
Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We operate the website aboveclouds.co.uk. We are a registered company in England and Wales under company number 09779287
1.2 To contact us, please Submit a ticket
2 Use of our site
Your use of our site is governed by our Terms and Conditions (this document). Please take the time to read these, as they include important terms which apply to you.
3 How we use your personal information
4 Our Contract with you
4.1 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.
4.2 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.
5 How the Contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, 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.
5.3 We will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with the Service 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 Service, we will refund you the full amount as soon as possible.
6 Our right to vary these terms
6.1 We may revise these Terms from time to time, including in the following circumstances:
6.1.1 changes in how we accept payment from you; and
6.1.2 changes in relevant laws and regulatory requirements.
6.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
7 Providing Services
7.1 We will supply the Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms.
7.2 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 16 for our responsibilities when an Event Outside Our Control happens.
7.3 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 7.3, 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.
7.4 You are responsible for obtaining:
7.4.1 suitable licences of third party software; and
7.4.2 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 licences and consents to us after we have asked.
7.5 We may have to suspend the Services if we have to 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.
7.6 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.
7.7 Implementation and Transition
7.7.1 We will make available the Services on or before the start date specified in the Order Confirmation.
7.7.2 At your request, we will use reasonable endeavours to:
(a) assist with the transfer of your website from your own development server; or
(b) assist with the transition of any of your website(s) from any third party host
7.8 Shared Hosting
7.8.1 Where the Services we provide to you include shared hosting, we will make available to you:
(a) hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
(b) 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.
7.8.2 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").
7.8.3 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.
7.9 Dedicated servers
7.9.1 Where the Services we provide to you include a dedicated server, we will make available a 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 service is managed, in which case we may refuse any request to change the configuration of the dedicated server at our sole discretion.
7.9.2 For unmanaged dedicated servers you acknowledge that we will not provide support in connection with the administration of such dedicated server, and you warrant that you have all necessary expertise to configure, manage and keep the dedicated server secure at all times.
7.9.3 You will not configure, or allow any other person to configure, a dedicated server in any way contrary to the guidelines published on our site from time to time.
7.9.4 We may from time to time require that you apply software and/or hardware upgrades to the dedicated server.
7.9.5 For the avoidance of doubt, dedicated servers made available under this Contract will remain our property at all times.
7.10 Email services
7.10.1 Where the Services we provide to you include email transmission, storage and/or management services:
(a)we will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Service description.
(b) all shared hosting mailboxes will be protected by our anti-spam and anti-virus solution, StriKe.
(c) if you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.
7.11 Domain name registration
7.11.1 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.
7.11.2 You warrant that:
(a) the information submitted for the purposes of a domain name registration is current, accurate and complete,
(b) you have the legal right to apply for and use the domain name, and
(c) your use of the domain name will not infringe any person's Intellectual Property Rights or other legal rights; and
(d) you will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on our site).
7.11.3 You acknowledge and accept that certain information submitted for the purposes of a domain name registration will be published on the internet via "WHOIS" services.
7.11.4 We may, in our sole discretion, reject any request to register a particular domain name.
7.11.5 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 as a result of any domain name arbitration procedure or court proceedings.
7.11.6 Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. 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.
7.11.7 You acknowledge that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.
7.11.8 You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.nominet.org.uk - for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.
7.11.9 Free domains
(a) Free domain on annual shared plans is for the first year only.
(b) Free life long domain on Premium plans is only for the life of the Premium plan and will return to full price as and when the Premium plan is cancelled / downgraded.
7.12 SSL certificates
7.12.1 Where the Services we provide to you include SSL we will attempt to obtain an SSL certificate that you order using the interface on our site.
7.12.2 You warrant that:
(a) the information submitted for the purposes of an SSL certificate is current, accurate and complete; and
(b) you will keep the information required for the purposes of an SSL certificate up-to-date (which changes may be subject to additional payments as set out on our site).
7.12.3 You agree to the terms of the applicable SSL subscription agreement (as amended from time to time): www.geotrust.com and www.rapidssl.com.
7.12.4 We do not allow clients to install third party SSL certificates. Please note that this is because of the staff resource required to install and renew them.
7.13.1 The Company will use reasonable endeavours to respond to requests for support in accordance with the support Services specifications as set out on our site.
7.13.2 For "Sapphire", "Diamond" web hosting Services and managed Dedicated Servers, we will use reasonable endeavours to ensure that a member of our support staff can be reached by telephone at all times in the case of an emergency.
8 Intellectual Property Rights
8.1 For the purpose of this Contract, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, 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.
8.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
8.3 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 licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
9 If there is a problem with the Services
9.1 In the unlikely event that there is any defect with the Services:
9.1.1 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);
9.1.2 please give us a reasonable opportunity to repair or fix any defect; and
9.1.3 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.
9.2 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.
10 Price of Services
10.1 The prices of for the Services will be as quoted on our site from time to time.
10.2 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.
10.3 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 Our site contains a number of 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 Service 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 unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
10.5 Payments in respect of domain name registrations and SSL certificate Services (as more particularly set out at clause 7.11 and 7.12) are non-refundable.
11 How to pay
11.1 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.
11.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
11.3 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.
11.4 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.
12.1 Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:
12.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or
12.1.2 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.
12.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
12.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.
13 Consequences of Termination
13.1 Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.
13.2 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.
13.3 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
13.4 If a Contract is terminated pursuant to clause 12.2 or by you pursuant to clause 12.1:
13.4.1 we will promptly provide to you an electronic copy of the Hosted Materials; and
13.4.2 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.
14 Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1 Nothing in these Terms limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence;
14.1.2 fraud or fraudulent misrepresentation; or
14.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
14.2 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:
14.2.1 any loss of profits, sales, business, or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of business opportunity;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill; or
14.2.6 any indirect or consequential loss.
14.3 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.
14.4 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. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
15 Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1 Nothing in these Terms limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.
15.2 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 you and us at the time we entered into the Contract.
15.3 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
15.3.1 loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings; or
15.3.5 loss of goodwill.
15.4 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.
16.1 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:
16.1.1 any breach by you of the warranties contained in clause 7; and
16.1.2 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.
17 Events outside our control
17.1 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.
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.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 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.
18 Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 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 e-mail or by pre-paid post to AboveClouds Limited at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
18.3 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.
18.4 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 immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19 Data Protection
19.1 In this clause 19, “Personal Data” has the meaning given in the Data Protection Act 1998.
19.2 We warrant that, to the extent that we process any Personal Data on your behalf:
19.2.1 we shall act only on instructions from you; and
19.2.2 we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
20 Other important terms
20.1 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.
20.2 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.
20.3 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.
20.4 A person who is 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.
20.5 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.
20.6 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.
20.7 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.
20.8 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.
20.9 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).
20.10 Calls may be recorded for training purposes.
20.11 Our DDoS protection is a network wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough then i.p addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.
Information about us
https://aboveclouds.co.uk is a site operated by AboveClouds Limited (“We”). We are registered in England and Wales under company number 09779287.
We are a limited company.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensor’s.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on or upload to our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact [email protected]
Thank you for visiting our site.
This acceptable use policy sets out the terms between you and us under which you may access our website [https://aboveclouds.co.uk] ("our site"). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
https://aboveclouds.co.uk is a site operated by AboveClouds Limited ("we" or "us"). We are registered in England and Wales under company number 07571790 and we have our registered office at Alta Vista, Higher Warberry Road, Torquay, Devon TQ1 1SD. Our main trading address is Ash Radar Station, Marshborough Road, Sandwich, Kent, CT13 0PL. Our VAT number is GB 884-9822-60.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Bulletin boards; and
- Services relating to the creation of your website such as the uploading of your documents and information.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- 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.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy 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. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
AboveClouds Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is AboveClouds Limited.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site [https://aboveclouds.co.uk] ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available, your IP address, operating system and browser type, for system administration [and to report aggregate information to our advertisers]. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
- If you are an existing customer, we will only contact you by telephone or electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
Use of our website constitutes acceptance of this proviso. If you do not wish to use our website please click here.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. [we have drafted this paragraph to cover future events whereby AboveClouds Limited may become part of a group of companies. Please let us know if you would rather not have this flexibility]
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If AboveClouds Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to supply agreements; or to protect the rights, property, or safety of AboveClouds Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [email protected]
Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.