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1.1. cloudode.com is operated by Unioney LLC, a Delaware limited liability company with its registered address at 8 The Green, Ste B, Dover, Delaware 19901, United States (“we”, “us”, “our”, “Cloudode”). By placing an order for the Services, you consent to us sending you our service communications by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.

1.2. Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

2.1. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times.

3.2. Before you submit an order you will be shown a summary on screen including details of the Services you wish to order and the price payable. There will be an option to amend or correct any errors before proceeding to completion of the order.

3.3. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

4.1. After placing an order, you will receive an email from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.

4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may decline your order for the Services for any reason, in which case we will tell you so.

4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation.

5.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily the Consumer Contracts Regulations 2013 allow you to cancel the Contract at any time within 14 days, beginning on the day after you received the Acceptance Confirmation.

5.2. However, by placing your order for the Services, you expressly ask us to start supplying those Services immediately, before the end of the cancellation period. As such, you will not have the right to cancel the Contract under the Consumer Contracts Regulations 2013. You may still cancel at any time under clause 16, without refund.

5.3. This provision does not otherwise affect your statutory rights.

6.1. Every hosting plan, WordPress Cloud (WP_NODE), Linux Cloud (CORE_NODE), Windows Cloud (NET_NODE) and Website Builder Cloud (BUILD_NODE), includes a free first month on monthly billing, with no payment card required. The free month is your opportunity to evaluate the Services before paying. Yearly billing does not include a free month. It is charged from the start at a discounted yearly price.

6.2. Because you can evaluate the Services free for a month on monthly billing, and yearly billing is discounted, we do not offer a money-back guarantee and we do not provide refunds. Once a paid term begins, all payments are final and non-refundable, in full or in part. There are no exceptions.

6.3. You may cancel at any time under clause 16. Cancellation stops future renewals and billing. The Services continue until the end of the term already paid for, and no refund is made for the unused portion.

7.1. The price of any Services will be as quoted on our website.

7.2. Cloudode offers a Price Lock Guarantee: the price you sign up at is the price you keep for as long as you remain a customer, provided your account remains in good standing. We will not increase your rate upon renewal.

7.3. On monthly billing, your first month is free with no credit card required. Yearly billing is charged in advance from the start, with no free month. After the free trial period, you will be billed at your locked-in rate. If no payment is made, the Services may be suspended and then deleted under clause 17. Payment is due on the same date each billing cycle. Failure to pay within 7 days of the due date may result in service suspension.

7.4. All prices are displayed inclusive of applicable taxes unless otherwise stated. We accept major credit cards, debit cards, and select digital payment methods.

7.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary.

7.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised, your account may be suspended.

7.7. Charges set out in our Acceptable Use Policy, such as blacklist-removal or clean-up costs caused by spam sent from your account, are payable in addition to the price of the Services.

8.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us will be provided with reasonable care and skill.

8.2. If we are in breach of the warranty above, we will use all reasonable commercial efforts to remedy the breach promptly or, at our option, apply a service credit to your account. No refund is made.

8.3. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us.

9.1. Cloudode guarantees 99.99% network uptime on all hosting plans, measured on a monthly basis. Scheduled maintenance windows are excluded from uptime calculations.

9.2. We do not warrant access to our servers will be uninterrupted or error free, but we shall use reasonable endeavours to keep downtime to a minimum.

9.3. In the event that we fail to meet our uptime commitment, you may be eligible for a service credit:

Service credits must be requested within 30 days of the affected period and are applied to future invoices. Credits do not exceed 50% of the monthly service fee (for yearly plans, one twelfth of the yearly fee).

10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.

10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions and our Acceptable Use Policy.

10.3. You are responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for ensuring that your use of our services complies with all applicable laws. You must notify us immediately of any unauthorised use of your account.

11.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of or upon the expiry or termination of Services.

11.2. Any IP address allocated to you is allocated as part of the Hosting Service and is not portable or otherwise transferable by you in any manner whatsoever.

11.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

12.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers (“Material”). We provide free tools to make website and database backups in our control panel.

12.2. We take automated daily backups as a feature of the Services, and you can restore from them in our control panel. They are a convenience and not a guarantee. Clause 12.1 still applies.

12.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

13.1. You retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty-free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.

13.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us.

13.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with your use of the Services or of any claim that your material infringes the intellectual property rights of a third party.

13.4. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile or disassemble the Hosting Services or our software.

14.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.

14.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider.

14.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.

14.4. We do not exclude or limit in any way our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any matter for which it would be illegal for us to exclude our liability.

14.5. We will not be responsible for the following types of losses (whether direct, indirect or consequential): loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; loss of software or data; wasted expenditure; wasted management or office time.

14.6. Our maximum aggregate liability under or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.

14.7. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services.

15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support, but our servers are compatible with many programming languages.

15.2. Support is provided via online support ticket, email, and our AI-powered support assistant. Contact us at support@cloudode.com.

15.3. Complaints are handled under our Complaints Procedure, published on our Legal page.

16.1. The Contract will commence on the date we send you our Acceptance Confirmation. Unless terminated as provided for in this clause, Services run for the billing period you chose at checkout, monthly or yearly. They renew automatically for further periods of the same length, at your locked-in price, until cancelled under this clause.

16.2. You may cancel at any time by online support ticket or by emailing support@cloudode.com from your account email address. We will confirm the cancellation by email. To avoid being charged for the next period, cancel before your renewal date.

16.3. We may end the Contract by giving you at least 30 days’ advance notice in writing sent to the then-current email address registered against your account. The Contract then ends at the end of the period you have already paid for and does not renew. No refund is due.

16.4. The consumer “cooling off period” under the Consumer Contracts Regulations 2013 is dealt with in clause 5. As set out in clause 5.2, it does not apply once you have asked us to start supplying the Services.

16.5. For security, we may ask you to confirm a cancellation request via our support system. Once confirmed, the cancellation is dated from your first request.

16.6. We do not provide refunds on cancellation, whether part-way through a billing period or otherwise. See clause 6.

16.7. If you are in breach of an obligation of these terms and conditions, we may terminate the Contract by 7 days’ notice to you. If the breach is of our Acceptable Use Policy, we may suspend or terminate immediately as set out in that policy. No refund is due on termination under this clause.

17.1. When your Services end (at the end of the paid term after you cancel, or on termination), the websites, databases and mailboxes we host for you are deleted from our live systems within 30 days. Backup copies and account and billing records are kept for the periods set out in our Privacy Policy.

17.2. Accordingly, you are strongly advised to make appropriate copies of such data before your Services end.

19.1. Waiver: A failure by us to exercise any right or remedy shall not constitute a waiver of that right or remedy, nor shall it prevent any future exercise of that right or remedy.

19.2. Severability: If any provision of these terms is determined to be invalid, unlawful or unenforceable, such provision will be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

19.3. Entire Agreement: These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement.

19.4. Third Party Rights: Neither you nor we intend that any term of the Contract will be enforceable by any person that is not a party to it.

19.5. Transfer: You may not transfer, assign, charge or otherwise dispose of the Contract without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract at any time.

19.6. Communications: You accept that communication with us will be mainly electronic. We will contact you by email or provide information by posting notices on our website.

19.7. Changes: We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms in force at the time you order Services from us. Each renewal is subject to the terms in force on the renewal date. We will email you at least 30 days before a material change takes effect. Our Acceptable Use Policy may be updated at any time, and the version published on our website applies.

20.1. Where you use the Services to store or process personal data of other people (for example your website visitors, customers or mailbox users), you are the data controller and we act as your data processor. This clause is our data processing agreement with you for the purposes of Article 28 of the UK GDPR and the EU GDPR.

20.2. We process that personal data only to provide the Services and on your documented instructions, which you give through your use of the Services and our control panel, unless the law requires otherwise. The processing lasts for the duration of the Contract. The types of personal data and the people it relates to are decided by you.

20.3. Our staff who can access that data are bound by confidentiality, and we maintain appropriate technical and organisational security measures as described in our Privacy Policy.

20.4. You give us general authorisation to use sub-processors in the categories listed on our GDPR Compliance page. We bind them to data protection obligations equivalent to these and remain responsible for their performance. Changes to those categories are published on that page. If you object to a change, you may cancel under clause 16.

20.5. We will not transfer that data outside the United Kingdom or the European Economic Area without appropriate safeguards, such as Standard Contractual Clauses, unless you choose a data centre location outside them.

20.6. Taking into account the nature of the processing, we will assist you, through the tools in our control panel and on request, in responding to requests from individuals and in meeting your security, breach notification and impact assessment obligations.

20.7. We will notify you without undue delay after becoming aware of a personal data breach affecting that data.

20.8. When the Services end, that data is deleted as set out in clause 17. You can export it at any time before then using our control panel. On reasonable request, we will provide the information necessary to demonstrate our compliance with this clause.