These Terms contain the agreement between Cloudcom and you.
It is important that you understand your responsibilities and the limitations to the services which you choose to use.
By using our website or any of our services, you agree to our Terms. We may update these Terms from time to time, in line with changes required by legislation or our internal business requirements. The most updated version will apply and you therefore need to review the Terms each time you visit the website. Unless we expressly state otherwise, the amended version of the Terms shall supersede and replace all previous versions thereof.
1. Acceptance
If you accept these terms or use our services on behalf of your employer or another person, you confirm that you have the consent of your employer or that person to act on their behalf.
2. Services
Our services
Cloudcom provides messaging services tailored for easy integration with the cloud. Emergency services. We do NOT allow you to access any 911 or similar emergency services. The services are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services.
3. Payment
Prices
Cloudcom will charge you for our services at the prices published on our website or the prices agreed to in our separate contract with you. We reserve the right to change prices from time to time without any notice to you. We will publish the changes on our website.
Billing
You will pay upfront for any of our services that you use. You agree to be invoiced electronically. You can view your transaction history by logging into your account.
Currency
All prices are quoted in EUR.
Taxes and deductions
Our prices exclude Value Added Tax and all other applicable taxes, such as withholding tax. You will pay all amounts due to us without set-off or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you must notify us. You must also provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
Bank charges
You are responsible for payment of all bank and finance charges. Please ensure that the amount received in our bank account, after deductions, is the full amount you owe us.
Payment method
You may pay us via credit card or by direct deposit in accordance with the information provided on our website payment pages. We make use of secure third party payment gateways as disclosed on our website and we are not liable for any losses or damages suffered due to the use of these gateways.
Card verification
You will only be allowed to pay for our services with a card that was successfully verified by our third party gateway or ourselves. We reserve the right to refuse payment from cards that fail our verification requirements.
Credits
The credits acquired through Cloudcom, can be used for our available services. Credits are automatically suspended, when the account is inactive for more than 12 months.
Refund
Once credits are purchased, credits are not convertible back to money.
Billing disputes
Billing disputes must be initiated within 90 days of invoice, by contacting us at support@cloudcomapps.com. Refunds will be made in the form of a credit to your account and in no event shall there be any cash refunds. Disputes which are not initiated within 90 days will not be entitled to any refunds.
4. Suspension
Reasons for suspension
We may suspend all or some of our services or licences to you:
- If you fail to pay any fees due to us.
- For scheduled downtime to permit us to conduct maintenance or make modifications to any service.
- If it is necessary due to emergency system repair or a system security breach.
- If you use the services in contravention of these terms, applicable law, regulation or industry code of conduct.
- If we are required to do so by law or if continued use of the service will in our view constitute a breach of applicable law.
- In the event of it becoming impossible for us to deliver services to you due to circumstances beyond our control.
Reinstatement
We will restore service once we are satisfied that the cause of suspension no longer exists.
5. Termination
Notice
You may end this contract by notifying us via email at support@cloudcomapps.com.
Reasons
We may end this contract immediately on notice to you, if:
- You fail to pay any amount due to us.
- You commit a breach of this contract.
- You commit an act of insolvency, are placed in provisional or final liquidation or are placed under judicial management.
- You take steps to deregister yourself or are deregistered.
- Any of our suppliers stop their services to us.
- A governmental prohibition or law prevents us from continuing our services to you.
Consequences
When this contract ends:
- You must immediately stop accessing our services and systems
- You must immediately pay all amounts due to us
- You will forfeit any unused credit on your account, except for payments received by us within 7 days prior to termination.
- All licenses and rights granted under these Terms will terminate immediately.
6. Security
Cloudcom takes extensive security measures to protect personal information from loss and misuse, and from unauthorised access, modification or disclosure. Your information is located on a secured server, however, there are risks in transmitting information across the Internet. While we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us online and individuals do so at their own risk. Cloudcom uses SHA-256 with RSA encryption on data transfer.
Cloudcom takes all reasonable steps to ensure that sensitive information that we collect is only accessible by authorised persons.
7. Privacy
Privacy Policy
The details of our Privacy Policy is found on our website.
No liability for disclosure
Neither we nor our suppliers will be liable to you or anybody else for any damages or losses suffered due to these actions.
Data collection
You explicitly consent that we may collect data relating to your use of our services and website for the purpose of analysis, reporting, service quality assessment and research.
8. Disclaimers
No Responsibility for User Content
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You agree that we have no liability with respect to any User Content, including, without limitation, your own submissions, and you hereby irrevocably release us and our officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Content or any part thereof. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations and our Acceptable Use Policy. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. For example, we do not warrant the accuracy of information we receive from third parties, such as delivery receipts from carriers. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, if we are concerned that you may have violated these Terms of Use, or to comply with the functional or regulatory requirements of using our Services in certain jurisdictions), and (ii) to remove or block any Content from the Services if we believe such Content violations this Agreement or will cause us to incur liability or material harm to our business or reputation. We do not endorse any Website Submissions, Application Content or other User Content, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all responsibility or liability in connection with User Content.
No warranties
Our services are not specifically designed to meet your individual requirements. We do not make any warranties or representations, other than those specifically contained in these Terms, regarding our services or the systems and technology we use to provide the services. We do not warrant that the content and technology available from our website are free from errors or omissions or that the services will be uninterrupted and error free.
Network coverage
We support delivery to a broad majority of the world’s mobile networks.If you attempt to send data or communication to mobile networks not covered, we may charge you even if transmission fails. We do not accept any liability resulting from a failed transmission.
Exclusion of all liability
We do not accept liability for any damages or losses arising out of or related to the use, inability to use or unauthorised use of the services. This includes any direct, indirect, special, consequential, punitive or incidental damages, whether such damages or losses arise in contract, delict (tort), under statute, in equity, at law or otherwise.
Compliance with legislation
We do not modify the content of electronic communications sent or received through our systems or the selection of the addresses of the recipients. We do not accept any liability for any content transmitted and full responsibility for content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons to whom you direct communications when using our services.
Force Majeure
We shall not be liable for any delays or failures caused by occurrences beyond our reasonable control, including, without limitation, acts of God, natural disasters, flood, fire, accidents, decrees or restraints or other actions of governments, strikes or other labor disturbances, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, shortage or unavailability of supplies, and other mechanical, electronic or communications failures or degradation.
9. Intellectual Property
IP rights
All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you in these Terms, all other intellectual property rights on this website are expressly reserved.