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Cloud service terms and conditions (B2C)

This version of our cloud service T&Cs is designed for consumer contracts for the provision of cloud-based software services. In this context, a person is a consumer if they contract as an individual outside the scope of their business or profession.

The central provisions of this document define the scope of the customer's right to use the service and the limitations on those rights and the availability of the service. Support services are covered in summary form, and an acceptable use policy is attached as a schedule to the T&Cs.

All the usual boilerplate is included.

The key difference between this document and our B2B cloud service T&Cs is that this document includes a clause designed to help the services provider to comply with the distance selling rules. This document also includes slightly different sections dealing with limits of liability and the assignment of contractual rights.

Unlike the B2B and the B2B + B2C documents, these T&Cs do not include a personal data processing clause. It is assumed that the services provider will act as a data controller with respect to all personal data collected in connection with the service. In these circumstances, the service providers disclosure obligations should be handled, in part, using a supplemental privacy policy.

This document can be seen as a more formal version of our subscription website terms and conditions.

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Cloud service terms and conditions (B2C) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term (indefinite); each services order form creates distinct contract.
  3. Hosted Services: grant of licence to use cloud services ; limitations on use of cloud service; prohibitions on the use of the hosted services; prevention of unauthorised access to hosted services; availability of hosted services; hosted services acceptable use policy; no damaging use of hosted services; no unlawful use of hosted services; no access to platform code; suspension of hosted services.
  4. Customer
    licence of second party data (hosted services); warranties relating to second party data.
  5. Support Services: support services provision (discretionary option); helpdesk obligation (discretionary option); standard of support services; purpose of support services helpdesk; support services responses to be prompt; suspension of support services.
  6. Mobile App: mobile App governed by separate terms.
  7. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  8. Charges: obligation to pay charges; amounts inclusive or exclusive of VAT; variation of charges.
  9. Payments: payment of charges in advance; interest on late payments.
  10. Distance contracts: cancellation right: distance contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  11. Warranties: second party warranty of authority; exclusion of implied warranties and representations.
  12. Acknowledgements and warranty limitations: hosted services not error free; hosted services not entirely secure; hosted services compatibility limitation; no legal etc advice with hosted services.
  13. Limitations and exclusions of liability: caveats to limits of liability (B2C or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  14. Force Majeure Event: obligations suspended for force majeure.
  15. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  16. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  17. Notices: contractual notices by email or through hosted services.
  18. Subcontracting: subcontracting permitted.
  19. General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights (B2C); no third party rights; entire agreement (with services order form); governing law; exclusive jurisdiction.
  20. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Acceptable Use Policy)

  1. Introduction: definitions for acceptable use policy; parties to acceptable use policy; agreement to policy by using services; express agreement to policy; services user minimum age under policy.
  2. General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
  3. Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
  4. Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
  5. Factual accuracy: content must be truthful; content must not risk defamation.
  6. Negligent advice: no professional advice in user content; no negligent advice in user content.
  7. Etiquette: content appropriate etc; no offensive content; no annoying content; no hostile communications; no deliberate offense; no content flooding; no duplicate content; categorisation of content; appropriate content titles; courtesy to service users.
  8. Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
  9. Regulated businesses: no gambling-related activities; no pharmaceutical activities; no weapon-related activities.
  10. Monitoring: acknowledgement relating to monitoring.
  11. Data mining: no data mining.
  12. Hyperlinks: no hyperlinks to prohibited content.
  13. Harmful software: no harmful software; no risky software.