The following terms apply to any or all of the domain name registration, Website hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files back-up software, Search Engine Optimisation and Secure Web Page services to be provided by Wish A Cloud, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service).
- We may terminate this agreement if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
- We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
- On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you without holding any backup data for retrieval by you.
- Without limiting the section below on our Exclusion and limitation of liability, Wish A Cloud will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
Payments & Refunds
- All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published on the invoice shall be due as per the due date published on the invoice.
- The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
- Our payment processor reserves the right to auto debit payments from your debit or credit card for recurring services, unless chosen otherwise.
- We do not offer any refunds.
You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Wish A Cloud, however, in the event that Wish A Cloud’s consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
You agree that any notice or communications required or permitted to be delivered under this Agreement by Wish A Cloud to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided.
Wish A Cloud shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by you or on your behalf.
Wish A Cloud will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, Wish A Cloud’s maximum aggregate liability to you under or in connection with this Agreement shall not exceed a sum equal to the fees paid by you.
Wish A Cloud shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
- the effects of the failure or interruption of Services provided by third parties;
- factors outside of Wish A Cloud’ reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties
- problems with Your equipment and/or third party equipment;
- Interruptions to the Services requested by you.