Introduction 1.1 These Terms of Business ("Terms") govern the provision of hosting services ("Services") by Star Cloud ("we," "us," or "our") to the customer ("you," "your," or "Client"). 1.2 By using our Services, you agree to comply with and be bound by these Terms. 1.3 These Terms constitute the entire agreement between us and supersede any prior agreements, understandings, or representations.
Services Provided 2.1 Star Cloud will provide hosting services as specified in the service agreement or order form. 2.2 We reserve the right to modify the Services at any time with prior notice. 2.3 We will make reasonable efforts to ensure the Services are available 24/7, subject to scheduled maintenance and unforeseen events. 2.4 Our Services may include shared hosting, dedicated hosting, cloud hosting, and other related services as specified in the service agreement.
Account and Responsibilities 3.1 You must provide accurate and complete information when registering for our Services. 3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 3.3 You agree not to use the Services for any unlawful or prohibited activities, including but not limited to: 3.3.1 Sending unsolicited emails (spam). 3.3.2 Hosting content that is obscene, offensive, or violates intellectual property rights. 3.3.3 Engaging in activities that compromise the security or integrity of our network or systems. 3.4 You must promptly notify us of any unauthorized use of your account or any other breach of security.
Payment Terms 4.1 Fees for the Services will be invoiced according to the pricing agreed upon in the service agreement. 4.2 Payment is due within 30 days of the invoice date unless otherwise agreed in writing. 4.3 Late payments may result in suspension or termination of Services. Interest may be charged on overdue amounts at a rate of 2% per month. 4.4 All fees are exclusive of VAT, which will be added at the applicable rate. 4.5 You are responsible for any additional charges incurred due to currency conversion or bank fees.
Service Level Agreement (SLA) 5.1 We aim to provide a minimum of 99.9% uptime per month. 5.2 Scheduled maintenance and emergency maintenance are excluded from uptime calculations. We will provide at least 48 hours' notice for scheduled maintenance. 5.3 In the event of a service outage exceeding the SLA, you may be eligible for a service credit as specified in the SLA policy.
Data Protection and Privacy 6.1 We will comply with the Data Protection Act 2018 and the UK GDPR in relation to your personal data. 6.2 You are responsible for ensuring the security and confidentiality of your data. We recommend regular backups of your data. 6.3 We will not access or disclose your data except as necessary to provide the Services, comply with the law, or protect our rights. 6.4 You must comply with all applicable data protection laws and regulations in relation to any personal data you process using our Services.
Intellectual Property 7.1 All intellectual property rights in the Services and any related documentation are owned by Star Cloud or our licensors. 7.2 You are granted a non-exclusive, non-transferable license to use the Services for your internal business purposes. 7.3 You must not use our intellectual property without our prior written consent, except as permitted by these Terms. 7.4 You retain ownership of any data, content, or materials you upload to our servers.
Liability 8.1 Our liability for any direct damages arising from our Services is limited to the amount paid by you for the Services in the 12 months preceding the incident. 8.2 We are not liable for any indirect, consequential, or incidental damages, including but not limited to loss of profits, business interruption, or loss of data. 8.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded by law.
Termination 9.1 Either party may terminate the agreement by giving 30 days' written notice. 9.2 We may terminate the agreement immediately if you breach any of these Terms, fail to pay fees when due, or if your use of the Services causes harm to our network or reputation. 9.3 Upon termination, you must cease all use of the Services and we may delete all data associated with your account.
Governing Law 10.1 These Terms are governed by and construed in accordance with the laws of England and Wales. 10.2 Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
Amendments 11.1 We reserve the right to amend these Terms at any time. Notice of changes will be provided on our website and via email. 11.2 Continued use of the Services after any amendments constitutes your acceptance of the new Terms. 11.3 If you do not agree with the amended Terms, you must notify us within 30 days and we may either terminate the agreement or negotiate alternative terms.
Force Majeure 12.1 We are not liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, strikes, lockouts, war, terrorism, and governmental actions. 12.2 In the event of a force majeure, we will notify you as soon as practicable and make reasonable efforts to mitigate the effects of the event.
Confidentiality 13.1 Each party agrees to keep the other party's confidential information secure and not to disclose it to any third party except as necessary to perform the Services or as required by law. 13.2 Confidential information includes any information that is identified as confidential or that ought reasonably to be considered confidential due to its nature or the circumstances of its disclosure.
Notices 14.1 Any notice required to be given under these Terms must be in writing and delivered by hand, email, or pre-paid first-class post to the other party's registered office or principal place of business. 14.2 Notices are deemed received: 14.2.1 If delivered by hand, on the day of delivery. 14.2.2 If sent by pre-paid first-class post, on the second business day after posting. 14.2.3 If sent by email, on the day of transmission, provided no delivery failure notice is received.
Miscellaneous 15.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 15.2 No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. 15.3 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. 15.4 These Terms do not create any partnership, joint venture, or agency relationship between the parties.
Customer Support 16.1 We provide customer support through email, phone, and our support ticket system. 16.2 Our support hours are [insert support hours], excluding public holidays. 16.3 We aim to respond to support requests within 24 hours.
Backup and Data Recovery 17.1 We offer optional backup services as specified in the service agreement. 17.2 You are responsible for ensuring that your data is adequately backed up. 17.3 We are not liable for any data loss or corruption.
Acceptable Use Policy (AUP) 18.1 You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. 18.2 The AUP includes guidelines on prohibited activities and content, and may be updated from time to time.
Dispute Resolution 19.1 In the event of a dispute arising out of or in connection with these Terms, the parties will first attempt to resolve the dispute through good faith negotiations. 19.2 If the dispute cannot be resolved through negotiation, the parties agree to consider mediation before resorting to litigation.