This Agreement is made between:
The Customer confirms having verified the compatibility of the Service against their requirements, and having received from 3CLOUDS all the information and advice necessary to making an informed decision to sign this Agreement.
The purpose of this Agreement is to define the legal, technical and financial conditions under which the Customer is obligated to 3CLOUDS.
These Terms of Service of Service, supplemented if necessary by Special Conditions and/or Appendices proposed by 3CLOUDS shall prevail over all other conditions, and especially those of the Customer, for any order placed by the Customer for the Services of 3CLOUDS.
The Services offered by 3CLOUDS free of charge are also governed by these Terms of Service of Service.
3CLOUDS is committed to taking all the care and diligence necessary to providing a quality Service, conforming to the customary professional practices and the state of the art. 3CLOUDS is only subject to an obligation of means.
3CLOUDS will not be held liable:
If the execution of this Agreement, or the obligations of 3CLOUDS hereunder, is prevented, limited or disrupted as a result of fire, explosion, the failure of transmission networks, the collapse of installations, epidemics, earthquakes, floods, power failure, war, embargoes, laws, injunctions, government orders, strikes, boycotts, the withdrawal of the telecommunication operator's licence, or any other circumstance beyond the reasonable control of 3CLOUDS ("Event of Force Majeure"), then subject to providing the Customer with prompt notification, 3CLOUDS will be exempted from execution of its obligations within the limits of any such impediment, limitation or disruption. Likewise, the Customer will also be exempted from the execution of their obligations insofar as the obligations are affected by the impediment, limitation or disruption, provided that the affected party uses its best endeavours to prevent or mitigate the cause, and that both parties act promptly as soon as the cause has ceased or been terminated. The party affected by an Event of Force Majeure shall keep the other party duly informed by email of the expected duration of this Event of Force Majeure.
Where the effects of an Event of Force Majeure continue for more than 30 days after the date of the other party being informed of the said Event, this Agreement may be lawfully terminated by either party, without either being entitled to any indemnity.
It may also be terminated due to misconduct on the part of the Customer, particularly in the following cases:
The compensation due from 3CLOUDS in the event of any Service failure resulting from a fault attributable to 3CLOUDS will correspond to the direct, personal and certain loss linked to the failure in question, with the express exclusion of any consequential damages, including in particular commercial loss, loss of orders, damage to the brand image, any other commercial issue, loss of profits or customers (for example, inappropriate disclosure of confidential information due to defects or piracy of the system, third party actions against the Customer etc).
In any event, the amount of the damages which may be charged to 3CLOUDS, if it were liable, will be limited to the amount of the sums actually paid by the Customer to 3CLOUDS for the period considered or invoiced to the Customer by 3CLOUDS, or the amount of the sums corresponding to the price of the Service, for the part of the Service for which the responsibility of 3CLOUDS was incurred. The lesser of the aforementioned sums will be considered.
3CLOUDS does not carry out any specific backups of the data stored on its servers. Therefore, the Customer is responsible for taking all the necessary steps to back up his data in case of loss or degradation of the data entrusted, irrespective of the cause thereof, including data not expressly mentioned herein.
The Customer recognises that no stipulation of this Agreement will release them from the obligation to pay all amounts due to 3CLOUDS for the Services rendered.
The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein.
The Customer undertakes to provide 3CLOUDS with his accurate and up-to-date personal information and bank details.
3CLOUDS reserves the right to request supporting documentation from the Customer to ensure the accuracy of his information.
The Customer is solely and wholly responsible for the passwords needed to use the Service. 3CLOUDS is released from all liability for any illicit or fraudulent use of the passwords provided to the Customer or generated by the Customer himself. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas 3CLOUDS will be exempt of all liability.
The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himself, his personnel, or any person to whom the Customer has supplied his password/s. Likewise, the Customer shall be solely liable for the consequences of losing the aforementioned password/s.
The Customer undertakes to respect all laws and regulations in force, especially those relating to information technology, files, freedoms and intellectual property, as well as third party rights. The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this Agreement or its execution.
The Customer hereby fully accepts all legal obligations arising from the administration of his Services, 3CLOUDS cannot be sought nor investigated in this respect for any reason, especially in the event of a violation of the laws or regulations applicable to the Customer's Services. Non-compliance by the Customer with the aforementioned points and points detailed in the Special Conditions, and especially with any activity likely to generate a civil and/or penal liability will give 3CLOUDS the right to immediately disconnect and/or stop the Customer's Services without prior notice, and to immediately and lawfully terminate the contract, without prejudice to the right to all damages and interest that 3CLOUDS may claim.
The Customer undertakes to pay any sums claimed from 3CLOUDS directly to the third party making the complaint. The Customer also agrees to intervene, at the request of 3CLOUDS, in any claim made against the latter and will indemnify 3CLOUDS in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against 3CLOUDS and connected to the Customer’s obligations under this Agreement.
The Customer undertakes to inform 3CLOUDS of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords.
The Customer agrees to formulate any requests clearly in all communications with 3CLOUDS, according to the rules of usage.
Creation of the customer account
For any order for the Services of 3CLOUDS, the Customer must create an account, including his accurate and up-to-date personal information and bank details. This Customer account may be subject to 3CLOUDS verification procedures in order to ensure that the information provided by the Customer is accurate.
Order confirmation
3CLOUDS shall confirm receipt of the purchase order and payment to the Customer by email without delay, and shall inform them when the Service ordered has been implemented under the conditions described hereinafter.
Execution of the order
The Service will be made available after 3CLOUDS has validated the payment and within a maximum period of 7 days from the date that the purchase order is paid by the Customer.
The actual payment is made when the sums corresponding to the Service are definitively credited to the 3CLOUDS account.
After this period and in the absence of provision of the Service by 3CLOUDS, the Customer reserves the right to request cancellation of the transaction and a refund of the sums already paid.
Tariff
The Services ordered will be described in the purchase order; they are inclusive of all taxes unless otherwise stated and are payable in USD/EUR/GBP.
After each payment, 3CLOUDS will send an invoice by email. The Customer expressly accepts that the invoice will be sent to him electronically.
3CLOUDS reserves the right to vary the prices at any time, provided that the Customer is notified by email or an online announcement made on the 3CLOUDS Website one month in advance, if the new prices excluding tax are less favourable to the Customer. In this instance, the Customer will have a period of one month from the date of notification to terminate this Agreement without penalty. If the Agreement is not terminated, the Customer will be deemed to have accepted the new tariffs. Price changes will apply to all contracts, and especially ongoing contracts.
3CLOUDS reserves the right to pass on the cost of any new tax or increase of an existing tax rate, without delay.
The Services provided by 3CLOUDS will be due and payable at the time of ordering. The Customer is solely responsible for payment of all sums due under the contract for 3CLOUDS Services. It is hereby expressly agreed that unless deferment is requested in good time and specifically granted by 3CLOUDS in writing, the partial or total non-payment of any sum due under this Agreement by the due date will immediately result in the following, without prior notification:
Any disagreement concerning invoicing or the nature of the Services must be forwarded to the 3CLOUDS Customer Service via the Customer's Management Interface, within one month of the order confirmation being issued.
In the event of costs being incurred by 3CLOUDS, 3CLOUDS will inform the Customer and will pass on the relevant supporting evidence and invoice. The Customer must then pay the amount due in euros.
In the event of delayed payment, as a professional, the Customer shall automatically owe 3CLOUDS a lump sum payment of €40, pursuant to Law 2012-387 of March 22nd 2012.
Payment
The payment can be made by bank card.
Duration
The Service duration will be indicated at the time of placing the order. The data will be deleted on expiration of the Service.
3CLOUDS undertakes to provide a minimum of two email reminders prior to the expiration of the Service.
Service renewal
3CLOUDS will notify the Customer by email (the Customer is responsible for keeping the email address up-to-date), prior to the imminent expiration and subsequent suspension of his Service.
Any non-payment or irregular payment, meaning incorrect or incomplete amounts in particular, or lacking the required references, or made by any method or procedure not accepted by 3CLOUDS will be purely and simply ignored, and will result in rejection by 3CLOUDS of the registration or renewal request.
Concerning renewals paid by cheque, it is up to the Customer to request the renewal with sufficient time for the cheque to effectively be received and processed by 3CLOUDS prior to expiration of the Service. 3CLOUDS reminds the Customer that the processing of a payment by cheque may take more than 5 working days in some cases.
Any request by the Customer to cancel the contract will be effective from the day following the date of reception by 3CLOUDS, provided that the Customer has provided all the information required to verify his identity.
The Customer may also request that the cancellation take effect ten days after 3CLOUDS has received his cancellation request.
Either party may terminate this Agreement without indemnity where an Event of Force Majeure continues for more than 30 days.
In all other cases of failure by either party to meet his obligations to the other under the contract, not rectified within 7 days of either an email being forwarded by the plaintiff giving notification of the failures in question, or any other form of valid notification by the said party, the contract will be automatically terminated by law, without prejudice to any eventual damages claimed from the party in breach.
The date of notification of the letter comprising the infringements in question will be the date of the postmark, at the time of the first presentation of the letter.
3CLOUDS reserves the right to interrupt the Customer's Service if it poses a threat to the security maintenance or the stability of the 3CLOUDS infrastructure. As far as possible, 3CLOUDS will inform the Customer of this in advance.
In case of need, 3CLOUDS reserves the right to interrupt the Service to carry out a technical intervention, so as to improve its operation or to carry out any maintenance works.
3CLOUDS reserves the right to terminate the Customer's Service in the event of non-compliance with the 3CLOUDS Terms of Service applicable to the Customer's Service.
The Customer hereby recognises that fluctuations in bandwidth and contingencies affecting the access provider are elements that could lead to discontinuity of the Services offered by the company 3CLOUDS, and which lie outside its technical means.
Furthermore, the Service will be automatically restricted, limited or suspended by 3CLOUDS:
The Customer confirms having verified the compatibility of the hardware and Service against his requirements, and having received from 3CLOUDS all the information and advice necessary to making an informed decision to subscribe to this undertaking.
3CLOUDS reserves the right to monitor compliance with the conditions of use of the Service.
The fact that 3CLOUDS does not invoke any of these Terms of Service and/or tolerates a failure by the other party to meet any of the obligations under these Terms of Service, at any given time, may not be interpreted as 3CLOUDS waivering the right to subsequently insist on any of the said conditions.
Within the framework of the Service, the Customer is informed that 3CLOUDS gathers personal data concerning them, which is subject to automated processing, for the purposes of customer relationship management and complying with legal obligations and regulations.
In order to enable the 3CLOUDS subsidiaries to provide the Service support and maintenance, the Customer recognises and accepts that his personal data is passed on by 3CLOUDS to its subsidiary companies, including those outside of the European Union. However, they will only access this data in order to carry out certain functions which are essential to providing the Service, while strictly respecting the rights of the Customer in terms of personal data protection.
In order to guarantee adequate protection of the Customer's personal data, the company 3CLOUDS has adopted internal guidelines (“Binding Corporate Rules BCR”) which are binding on 3CLOUDS and all of its subsidiary companies, from which the company 3CLOUDS shall procure compliance. These rules are based on the European directives 95/46/CE and 2002/58/CE relating to personal data protection, and which aim to render the 3CLOUDS group practices compliant with the aforementioned directives, in terms of personal data protection. These Binding Corporate Rules can be accessed on the 3CLOUDS Website.
The Customer's personal data will not be passed on to any third parties other than for the Services where data communication is necessary to the correct implementation of the Service (e.g. relaying the domain name owner to the registration authorities).
3CLOUDS may also pass on the Customer's personal data to the judicial and/or administrative authorities as part of a judicial request issued by a competent authority.
In accordance with the UK data protection law, the Customer has the right to access and to correct the information held on him. He may exercise this right and obtain communication of the information concerning him by sending an email to: info@3clouds.io
The Customer remains solely and wholly responsible for the processing of personal information that he carries out of his own accord, and concerning the aforementioned data, undertakes to comply with all legal obligations and regulations relating to information technology, files, freedoms and intellectual property, and in particular, undertakes to file all declarations to the Information Commissioner's Office (ICO)
The Customer providing electronic communication Services to the public, over the electronic communication networks open to the public, and processing personal data, shall notify the ICO without delay, of any security violation leading to accidental or unlawful destruction, loss, deterioration, disclosure or unauthorised access to the personal data.
Furthermore, in the event of this violation being likely to harm the personal data or the private life of one of his Customers or another individual, the Customer bears the responsibility for informing the interested party
Finally, any Customer providing electronic communications Services is responsible for keeping an up-to-date inventory of personal data violations, especially their forms, their effect, and the remedial measures taken, and to make it available to the ICO.
In all cases where the Customer's data is processed by 3CLOUDS as a subcontractor, it is recalled that 3CLOUDS acts only on the Customer's instructions and under the responsibility of the latter. In this event, 3CLOUDS guarantees the security and confidentiality of the relevant data under the conditions defined in this Agreement.
3CLOUDS, and all personnel and subsidiaries of the 3CLOUDS group, are bound by professional secrecy and the obligation for discretion in everything concerning the facts, information and decisions that they have been informed of within the scope of these Terms of Service and implementation of the associated services.
3CLOUDS is especially prohibited from communicating to any person other than itself, the subsidiaries of the 3CLOUDS group, its entire personnel or a third party on request of a competent authority (administrative, arbitration or legal, in accordance with the appropriate applicable laws), directly or indirectly, all or part of the data, of any nature (commercial, technical, financial, personal, etc.) communicated to 3CLOUDS, or of which it is informed of during the execution of the Service.
The customer may exercise his right to withdraw, without having to provide justifications or incurring penalties, other than return costs, if required, within seven (7) clear days of receipt of the goods, or of subscription to the Service contract, by post or via an email to info@3clouds.io. When the seven day deadline expires on a Saturday, Sunday or a public holiday or non-working day, it will be extended until the next working day.
The right to withdraw, if legitimately exercised, enables the Customer be reimbursed for the goods and Services relating to exercising this right.
The Customer recognises that registering a domain name with 3CLOUDS constitutes the supply of such personalised goods under the provisions of the aforementioned article, due to the Customer's choosing of the root domain name and extension held.
Therefore, the Customer is expressly informed that, pursuant to these provisions, he may not exercise his right to withdraw for the registration of the domain name ordered. Nor can this right be exercised by the Customer on renewal of the registration.
The Customer may not exert his right to withdraw for Services implemented, with his consent, before the end of the time limit of seven clear days. The Customer thus formally recognises and accepts that, in all situations where he accepts the implementation of the Service or uses the Service before the expiry of the withdrawal period, he may not legitimately claim this right.
The parties agree that 3CLOUDS can lawfully modify its Service with no other formality than to inform the Customer via an online notice and/or to display its modifications in the online Terms of Service.
Divisibility
If any clause of the Service contract entered into with 3CLOUDS should be held to be null and void in application of a statute, regulation or decision with res judicata effect by a competent court, the other clauses hereof shall remain in full force and effect.
In such event, the parties shall replace the invalid provision, to the extent permitted, with a valid provision that is in keeping with the spirit and purpose hereof.
Headings
The article headings set out herein are provided solely for ease of reference, on the understanding that they do not have any binding force or specific meaning per se.
Special Conditions and Appendices
The Special Conditions and, if applicable, their Appendices are incorporated by reference into the 3CLOUDS Terms of Service of Service and are inseparable from the said Terms of Service. All these documents are herein referred to as the “Terms of Service”.
All documents incorporated herein by reference can be consulted by the Customer on the 3CLOUDS Website. In addition, these documents are subject to modifications and updates.
Communications
For any exchange of information by email between the parties, the date and time of the 3CLOUDS server will be applied. This information will be retained by 3CLOUDS for the entire duration of the contractual relations.
All notifications, communications and formal notices envisaged by the Terms of Service will be considered to have been delivered with legal effect if they are sent by email to: info@3clouds.io
Advertising and promotions
Within the scope of specialist advertising campaigns, events, seminars and publications on professional markets, 3CLOUDS may refer to the Services provided to the Customer and to its commercial documentation and/or brochure.
This Agreement is governed by UK law. This applies to both substantive and procedural laws, at the exclusion of conflict- of-law rules under UK law on the one hand, and the provisions of UK law that are contrary to this Agreement, on the other.