Bubbly Clouds Terms of Service

By signing up for and using any of Bubbly Clouds services you agree to be bound by all Bubbly Clouds terms and conditions of service.

Terms and Conditions of Service

Last Updated: 2018-05-20

'We' or 'Bubbly Clouds' refers to James Acres and the collection of services personally offered to you by James Acres from bubblyclouds.co.uk or bubblyclouds.com

'You' refers to any user(s) and customer(s) of our services

Bubbly Clouds is a UK based service, in addition to our terms and conditions of service you also agree to abide by all UK Legislation (found at http://www.legislation.gov.uk/).

URLs in the terms of service are correct at the time of writing.

Contract

  • Our services are offered to you as a 12 month, 6 month or 1 month contract at the time you place your order.
  • Your contract will automatically renew at the end of the time period unless terminated.
  • If a contract is terminated the remaining length of time shall not be refunded.
  • Contracts can be terminated by submitting a support ticket to Bubbly Clouds, this must be submitted at least 7 days before the end of your contract.
  • Bubbly Clouds reserves the right to suspend and cancel your contract if any of our Terms and Conditions of Service are breached, if any element of UK legislation is breached, if we receive a request to suspend your account due to copyright infringement, or if any questionable content or activity is found on your account.

Payment

  • Your payment shall be in UK Pounds Sterling transferred via a Bank transfer, PayPal or Credit/Debit card payment via Stripe every time you renew your contract with us.
  • If your payment is declined by your bank, card holder, Stripe or PayPal it is your responsibility to solve the problem before payment is due.
  • Bubbly Clouds reserves the right to suspend services if payment is not received in full on time.
  • If prices and contracts are updated you shall be notified via the email address associated with your account.
  • Your payment details should be kept up to date at all times to ensure successful payments.
  • You shall not receive any paper invoices or information. All invoices and communication will be sent electronically via the email address associated with your account.
  • PayPal and Stripe payments are subject to PayPal and Stripe's terms and conditions of service, all data sent through PayPal or Stripe's servers is independent of Bubbly Clouds and therefore Bubbly Clouds does not process any payments or card details on its own servers and is not liable for payment problems on PayPal or Stripe.
  • If a chargeback is made Bubbly Clouds shall suspend all services until payment plus a £20 administration charge is received.
  • Our prices and services may change at any time.

Your Personal Information

  • You are required to keep your personal information up to date at all times.
  • You are required to keep your contact information up to date at all times, including email address.
  • You are required to have a unique and strong password protecting each aspect of our services.
  • If providing personal data as part of purchasing domains, SSL or other services from our partners it is your responsibility to check the data controller's privacy policy and plan details to see whether personal information will be shown as part of the WHOIS system or Certificate subject details.
  • Bubbly Cloud’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Bubbly Clouds can use such data in accordance with our Privacy Policy

Acceptable Use

  • Bubbly Clouds reserves the right to refuse access to our services if we are not happy with your use of our services, if our terms of service, one of our partner's terms of service, or UK legislation is breached, if we receive a request for us to refuse your access.
  • If you are expecting high traffic or have a need to carry out high amounts of processing at any time you must notify Bubbly Clouds else we may be forced to suspend your services.
  • We support overuse where you may use more than what you are paying for. If this occurs we are notified and we expect you to resolve the issue within 1 day. If the overuse is not resolved we may be forced to suspend your account. We will not charge you for brief overuse, however if this occurs more than once or for longer than 1 day we will charge you a £20 fee per day that it remains unresolved and we will suspend your services.
  • We do not permit you to sell our web hosting services onto others unless you purchase our reseller services and offer your own web hosting services. Only the primary customer is permitted to use our services, this includes accessing your web hosting cPanel.
  • You must not take part in Unsolicited Commercial E-mail intentionally or unintentionally, if this takes places we will suspend your ability to send mail until the issue is resolved.
  • You must not host any material for which you do not have the right to host.
  • You must not use our services for file sharing or peer-to-peer or any other bandwidth heavy applications.
  • You must not use an excessive amount of server resources including bandwidth, processor utilisation or disk space without notifying us you plan to do so first.
  • You must remove any content if we request you to do so.
  • You shall report any misuse of our services to us.

Uptime, Data and Security

  • We aim to keep our service uptime above 99%, however you agree our uptime may range anywhere between 0% and 100%, our services are provided "as is" with no warranty.
  • We aim to contact customers if we are made aware of anything such as scheduled maintenance which may affect uptime, however this is not always possible and such events are often unpredictable.
  • We reserve the right to move your data between servers without notice although we will aim to give notice where possible.
  • We aim to perform maintenance and tweaks on our servers at off peak times according to the current time in England, this is essential for our services to continue to operate smoothly.
  • We cannot be found liable for any loss of service at any time, our services are provided on a personal level and you accept that risk.
  • We will backup all data every night for disaster recovery purposes. The backup from the previous night will also be made available in your personal control panel at no cost to you. Backups from previous weeks or months are available on request for an administration fee of £12 to fetch it from our remote storage. It is your own responsibility to download copies of our backups and store them in a remote location inaccessible by our servers, you must not rely on us for historic backups as your request for them may not be fulfilled in the event of a disaster.
  • We cannot be held liable for any data loss, backups are entirely your responsibility.
  • We perform a virus and malware scan on all files stored on our servers daily. It is the responsibility of customers to ensure no virus' are stored on their partition of the server. If a virus is found it should be reported to Bubbly Clouds. If we find a virus it may be deleted automatically without notification.
  • All data stored by you or your users on our servers is your property and you are the controller of this data, we do not claim any ownership to any files you or your users upload to our servers for processing.
  • We operate a firewall restricting access only to our public services, if you require additional ports to be opened a support ticket must be opened. To protect our services and customers, our firewall automatically blocks IP addresses if suspicious activity (such as multiple invalid logins) is detected. This can sometimes trigger false positives which can lock out legitimate users, you must email us to unblock and whitelist your IP address should this happen.
  • We aim to keep our software secure and up to date, we in return expect your web applications to also be secure and up to date. If we detect out of date software we expect you to take action or ask us for assistance to prevent your hosting services being hacked to host phishing content or send spam.
  • We cannot be held liable for any losses including but not limited to electronic losses, financial losses, personal losses, professional losses or physical losses that were caused by the use of our services.
  • If we are found liable the maximum payment to you shall not exceed the fee you paid to us in the current year of your contract.
  • It is your own responsibility to ensure your own equipment is operating correctly, this includes the network link between you and us
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  • 'Acts of God' are out of our control and we cannot be held responsible for their effect.
  • We will comply with Government and third party requests and cannot be held responsible for disruption and losses in doing so.
  • We allow you to use your own SSL certificates but the ones provided only covers our own domains unless you opt for a plan which includes an SSL certificate.
  • Your billing control panel and hosting control panel are both to be accessed securely using https.
  • We scan all email sent to the server and mark any spam, we may sometimes delete junk emails or flag them as junk. It is possible for our system to miss spam, or to mark legitimate email as spam by mistake, you must report this to us when this happens so it can be corrected.
  • We scan all email sent to the server and delete any attachments containing a virus automatically, the message may then be delivered without the virus, however it is possible for our system to miss a virus so it is important you install your own virus software on your client machine.

Support

  • All support requests should be made via our Ticketing System. All other requests may be ignored.
  • We aim to respond to support requests within 24 hours, however due to Bubbly Clouds being an inexpensive personal service we cannot promise this service and your support requests may not be responded to in a timely fashion.
  • We prioritise our requests, high priority requests should be responded to within 24 hours, low priority or complex requests may take a week or more to answer during busier months.
  • We do not provide phone support, all support must be initiated via our Ticketing System.

External Links and Services

  • We may have external links and services on our website and control panels, we are not responsible for the websites and services offered and any information you send to the websites or services is out of our control.
  • If you opt for domains, SSL and other services from us, you agree this is provided by our third party partners and to abide by their own terms of service.

Your data protection rights

  • We are compliant with all Data Protection policies in the UK. We are compliant with the EU General Data Protection Regulation (GDPR) which was introduced 25th May 2018.
  • You can request to be sent an export of the personal information we hold about you in a secure portable format. We provide a self service portal and cPanel for you to perform your own exports, anything not provided for export from the portal or cPanel can be requested by opening a support ticket.
  • If you request information which is unfounded or excessive we may request a reasonable fee deal with the request, or refuse to deal with your request.
  • We provide a Privacy Policy which explains what data we collect, why we collect it and what we do with it.

Refunds

  • We offer a 30-Day Money Back Guarantee Period following your first order with us. You are free to terminate your order for web hosting services within this period. A full refund will be issued for the web hosting charges paid by the customer.
  • Addons including Domains, SSL, IP addresses or any other third party services will not be refunded under any circumstances. These are strictly non-refundable.
  • Domain Registration or Domain Transfer Charges will not be refunded back on cancellation. These are strictly non-refundable.
  • If these terms of service are broken, or resources defined in our acceptable use are exceeded, we will not refund your order due to needing to cover our own costs caused by your breach of these terms.
  • We do not offer refunds for ending contracts early, the remaining length of time shall not be refunded.

Enforcement of these terms

  • We will enforce these terms by giving a warning after any breaches when appropriate. We follow up warnings with harsher action when needed. We will only suspend services when it is a serious or repetitive breach. If you breach any UK Legislation we will report the breach to the authorities.
  • We may take any appropriate action in response to these terms being breached.

Amendments to this document

  • We aim to notify you via email of amendments made to this document, if you disagree with any changes made you will be permitted to request a termination of your account.