BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://www.onecloudnetworks.co.uk (“Our Site”).

Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

You further agree to review the terms and conditions regularly to ensure You are aware of any modifications and You agree to be bound by such modifications unconditionally.

This Agreement constitutes the entire Agreement between the parties and
agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

In the event that any provision of this Agreement is deemed unenforceable or invalid under any applicable law or pursuant to a court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provisions with one that is valid and enforceable and which achieves, in our reasonable opinion, to the fullest extent possible, the original objectives and intent between You and Us.

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

Our Site, https://www.onecloudnetworks.co.uk, is owned and operated by One Cloud Networks Limited, a limited company registered in England under 9989000, whose registered address is 5 New Street Square London EC4A 3TW and whose main trading address is Regus, Regal House 70 London Road, Twickenham TW1 3QS, Greater London. Our VAT number is 239066104.

3. Access to Our Site

3.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. General Conditions

4.1 This Agreement will only commence when we provide you with written confirmation that your Order has been accepted.

4.2 You certify that by purchasing any of our products from this website that you are 18 years or older. The Customer agrees to supply One Cloud Networks Limited with a current and truthful full name, e-mail address, postal address, and telephone number and, in case the Customer is a minor, with the current and truthful full name, e-mail address, postal address, and telephone number of at least one legal guardian. The Customer agrees to keep this information current and to inform One Cloud Networks Limited whenever any of this information changes.

4.3 Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with this agreement.

4.4 All fees are payable in advance and are non-refundable. If we choose to cancel the Services we provide to You for any reason other than a breach of the terms of this Agreement by You, we will refund You on a pro rata basis. In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund.

4.5 All payments shall be received and refunded in British Pounds. Nothing in this Agreement shall prevent OneCloud Networks Limited from pursuing payment of a debt against the Customer.

4.6 We will provide the Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our best endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled. We reserve the
right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, availability of technical support on the provider or manufacturer side, to ensure the stable operation and integrity of Our systems or in order to comply with Our responsibility to provide technically up-to-date solutions. In the event of changes of features, applications, scripts and programs, you agree to cooperate and be responsible for managing any adjustments to your
Services if requested to do so. We will endeavour to communicate any changes to You as soon as possible.

4.7 We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion. We do not allow any content to be stored on our servers which contravenes our Acceptable Use Policy. We reserve the right to; remove such content, suspend and/or cancel the Services immediately if we consider that such content breaches the  Acceptable Use Policy.

4.8 We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lockouts or other industrial disputes (whether our employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.

4.9 Our failure to require You to perform any of your obligations under this
Agreement shall not affect our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.

4.10 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither we nor You shall be liable to one another for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

4.11 If any legal action or proceedings, including arbitration, relating to the
performance or the enforcement of any provision of this Agreement is commenced by either You or Us, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements from the other party, in addition to any other relief to which the prevailing party may be entitled.

4.12 You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without our prior written consent. In the event that we consent to an assignment, sub-license or transfer, then this Agreement shall be binding upon both You and Us and our respective successors and permitted assigns.

4.13 Nothing in this Agreement shall be construed as creating an agency
relationship, partnership or joint venture between the parties.

4.14 OneCloud Networks Limited is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:

• • the active or passive negligence of OneCloud Networks Limited, You or any third party;
  • downtime due to scheduled maintenance;
  • an upgrade, downgrade or other alteration to Your Services;
  • hardware failure, (including issues caused by other users on
    hardware);
  • Incompatibility; or
  • Your error.

4.15 Where the Customer accesses this site from locations outside the United Kingdom, the Customer does so on the Customer’s own initiative and is responsible for compliance with local laws.

4.16 Nothing in this Agreement shall: –

(a) exclude or restrict OneCloud Networks Limited for liability in respect of the death or personal injury or fraud resulting from the negligence of OneCloud Networks Limited, its employees or agents;
(b) exclude the conditions and warranties and where the Customer deals as a consumer, the conditions
(c) where the Customer deals as a consumer, affect the Customer’s
statutory rights.

5. Intellectual Property Rights

5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.

5.2 Subject to sub-Clause[s] 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

• • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  • Download Our Site (or any part of it) for caching;
  • Print [one copy of any] page[s] from Our Site;
  • Download extracts from pages on Our Site; and
  • Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news  reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. Links to Our Site

You may link to Our Site provided that:

6.1 You do so in a fair and legal manner;

6.2 You do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;

6.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

6.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

6.5 You may link to any page of Our Site.

OR

6.6 You may not link to any page other than the homepage of Our Site,
https://www.onecloudnetworks.co.uk. Deep-linking to other pages requires Our express written permission.

6.7 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at  infouk@onecloudnetworks.com for further information.

6.8 You may not link to Our Site from any other site the main content of which contains material that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or is otherwise likely to threaten, harass, annoy, alarm,
  inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive another person;
• is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
• misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.8);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
• is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6.9 The content restrictions in sub-Clause 6.8 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause

6.8. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites, which focus on or encourage the submission of such content from users.

7. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Disclaimers

8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action to which the website relates.

8.2 Insofar as is permitted by law, We make no representation, warranty, or
guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9. Our Liability

9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

9.2 To the fullest extent permissible by law, We exclude all representations,
warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

9.3 If you are a business user, We accept no liability for loss of profits, sales,
business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5 You must not attack Our Site by means of a denial of service attack, a
distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy:

11.1 You may only use Our Site in a manner that is lawful. Specifically:

• you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
• you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
• you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
• you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

• suspend, whether temporarily or permanently, your right to access Our Site;
• issue you with a written warning;
• take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• take further legal action against you as appropriate;
• disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• any other actions which We deem reasonably appropriate (and lawful).

11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from our website “www.onecloudnetworks.co.uk”. These policies are incorporated into these Terms and Conditions by this reference.

The EU Cookie Law aims to protect the privacy of internet users. It seeks to ensure that website owners who operate websites within the EU (even if the owners themselves are based outside of the EU) do the following:

• Inform users about the purpose of the cookies that their website places and stores on users’ computers or devices; and
• Obtain users’ consent before placing and storing those cookies

12.1 One Cloud Networks Limited may from time to time engage third parties, including its own subsidiaries and affiliated companies, to preserve, analyse or otherwise store or manipulate data received by from Our customers. In all such cases, such third party service providers will be required to treat all such data with the same degree of care and they are prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy. Our services provider (s), might also collect information on how users access the Website by using a tracking ID unique to each user through the use of cookies.

12.2 Though every effort is made to preserve your privacy, we may need to disclose personal information when required to by law. If it is deemed necessary that such action needs to be taken, we will comply with judicial proceedings should a court order or legal process be served on Us.

12.3 Our website contains links to other sites. Please be aware that We are not responsible for the privacy practices of such other sites. You are encouraged to read the privacy statements of each and every Web site that collects personally identifiable information.

13. Changes to these Terms and Conditions

13.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email at infouk@onecloudnetworks.com or using any of the methods provided on Our contact us page.

15. Communications from Us

15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at infouk@onecloudnetworks.com.

16. Terms & Conditions: Special Offers

16.1 The offers cannot be transferred or exchanged for cash.

16.2 All offers are limited to provisions as advertised, unless otherwise noted.

16.3 All packages ordered under these special offers are also subject to General Terms and Conditions listed herein and with specifics if as noted elsewhere pertinent to the offer.

16.4 All regular prices listed (if any) are the current regular prices and are subject to change at any time.

17. Data Protection

17.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

17.2 We may use your personal information to:

• Reply to any communications you send to Us;
• Send you important notices;
• For details refer to Our Site for Data Protection Policy.

17.3 We will not pass on your personal information to any third parties.

18. Copy Right Policy

18.1 OneCloud Networks Limited’s terms and conditions prohibit the disclosure of customer information without the customer’s express written consent except as required to comply with a current judicial proceeding, a court order, subpoena or other legal process served on OneCloud Networks Limited. If you require information regarding a OneCloud Networks Limited customer you must fax, mail, or serve a valid subpoena on OneCloud Networks Limited.

18.2 The contents of web sites terminated for non-payment are permanently and irrevocably deleted shortly after termination of the account, generally within five to ten business days. Such files can no longer be recovered.

18.3 OneCloud Networks Limited will provide only such information as required or permitted by law. OneCloud Networks Limited is prohibited from providing the contents of e-mails or other electronic communications except under very limited circumstances, even in response to a valid subpoena or court order. OneCloud Networks Limited does not retain copies of deleted or sent e-mails or e-mail logs, although such e-mails or related information may be available on backup tapes for a limited period. OneCloud Networks Limited does not have access to electronic communications which are downloaded to the customer’s computer.

18.4 OneCloud Networks Limited is based in London, UK. Service can be made via fax, mail, or personal service. Service by mail or personal service should be to the following address:

Registered Office:
OneCloud Networks Limited, 5 New Street Square,
London, EC4A 3TW.

Trading Address: Regus, Regal House, 70 London Road,
Twickenham, TW1 3QS, Greater London.

18.5 OneCloud Networks Limited reserves the right to notify its customer prior to responding to a civil subpoena, and to delay compliance for up to ten days in order to allow its customer to move to quash the subpoena, except in an emergency or where otherwise required by law. OneCloud Networks Limited will comply with civil subpoenas only upon payment of its expenses, as follows:
Research £200.00/hr
Copies £0.25/page
Other costs as billed
Compact Disks £100.00/CD

18.6 In addition, OneCloud Networks Limited reserves the right to charge an administration fee to the customer pursuant to OneCloud Networks Limited’s Terms and Conditions.

18.7 OneCloud Networks Limited reserves the right to request additional information, including but not limited to a copy of complaints or other pleadings, in order to verify that the OneCloud Networks Limited customer information is relevant to the records requested.

18.8 OneCloud Networks Limited respects the intellectual property of others. If you think OneCloud Networks Limited or one of its customers is violating your rights, please send proper notice to OneCloud Networks Limited as outlined below. Such notice of copyright or other intellectual property infringement must contain the following elements.

18.9 A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

18.10 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

18.11 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

18.12 Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

18.13 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

18.14 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

18.15 Notice should be sent to OneCloud Networks Limited’s designated agent at one of the addresses below:

Registered Office:
OneCloud Networks Limited, 5 New Street Square, London EC4A
3TW.

Trading Address: Regus, Regal House, 70 London Road, Twickenham, TW1 3QS Greater London.

19. Law and Jurisdiction

19.1 These Terms and Conditions, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed in
accordance with, English law.

19.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.