1. THESE TERMS

   1. What these words refer to. These are the terms and conditions under which Novoclouds ("Novoclouds") will provide you with services. All terms are applicable as of the date of your electronic order submission. . 
   2. Why should you read them? Please read these terms thoroughly before submitting your purchase to us. These terms explain who we are, how we will deliver services to you, how you and we may amend or terminate the contract, what to do if a problem arises, and other essential information.  
   3. Terms have been modified. Novoclouds reserves the right, in its sole and absolute discretion, to update or modify this Agreement and any rules or agreements incorporated herein at any time. Any modifications to our services will be notified to you through email 30 days in advance. Any adjustments or alterations will be implemented immediately. Your continuing use of the website or our services will signify your acceptance of the modified Agreement. It is your responsibility to keep the email address you have supplied us up to date. We assume no liability or responsibility for your failure to receive email messages from us if the failure is due to an incorrect email address. 

2. INFORMATION ABOUT US AND HOW TO CONTACT US 

   1. What we stand for.  Novoclouds Limited is a corporation incorporated in England and Wales. Our business number is 11878098, and our registered office is located at 87 North Road, Poole, Dorset BH14 0LT.

.Our VAT registration number is GB318403717. How to get in touch with us. You can reach us using the ways listed at /about or by signing into your client area at https://my.novoclouds.com/  and submitting a support issue. 
How we can reach you. If we need to contact you, we will do so by phone or in writing to the email or postal address you supplied when you placed your order. Please keep in mind that we will never ask for your password. If you are doubtful about the identity of a caller, please contact us immediately using the phone number shown on our webpage. If we need to notify you of broader service difficulties or scheduled maintenance, we may do so via our status page at status.novoclouds.com.

1. OUR CONTRACT WITH YOU  

   1. This is how we will accept your order. Placing a purchase on our website does not ensure that your order will be accepted. Our approval of your order will occur after you submit your purchase and you get confirmation that your order has been completed. A contract will be formed between you and us at this moment. Before any services may be performed, payment must be collected.  
   2. If we are unable to accept or fulfill your order. we will inform you of this and refund any money paid you have paid to us.  Examples of when we will not be able to fulfil your order include when your desired domain name is no longer available to register, where the registry has decided to charge a non-standard price or where the domain transfer you have requested can no longer be transferred. 
   3. Account Information. You will be required to register an Account in order to use our services. When you place your order, you may be assigned a username and password. We have the right to alter any username or password that has been assigned to you. Any modifications will be communicated to you in writing. You represent and warrant to Novoclouds that all information given to set up and use your Account is true, accurate, and full. You are completely responsible for any activity on your Account, whether or not you approved them. You must keep your login information safe. You must promptly alert us of any unauthorised use of your account or security breach.  

  OUR PRODUCTS

1. DOMAINS

   1. Registration of domain names. We offer no guarantees about the availability of a certain domain name that you have requested for registration (Domain). Novoclouds will never register or transfer a domain name in your name. You should manage the WHOIS info for your domain using your Novoclouds customer area at clients.Novoclouds.com. It is your obligation to guarantee the accuracy of all data. If you fail to maintain your contact information up to date and it cannot be confirmed, your domain may be pulled down. To provide the best service possible, we have the right to change the registrar with which a Domain is registered at any moment and without notice. This modification has no effect on your domain name usage.
   2. You agree that for all eligible gTLDs, we shall act as a Designated Agent on your behalf in line with ICANN's Transfer Policy whenever a request is made to amend the registrant contact details connected with a Domain. In that regard, you allow us to approve a change of registrant or any update to the registrant's information on your behalf.
   3. Our assistance is restricted to forwarding your order to the registrar. It is your exclusive duty to guarantee that the domain has been properly registered, renewed, and/or transferred. We bear no responsibility if the Domain is not registered or transferred.
   4. Terms and conditions of a third party. Third-party terms and conditions, including those from the applicable registrar for the Domain extension, apply to domain registration. By submitting your purchase to us, you agree to abide by ICANN's and any relevant registry's terms and conditions for domain registration and usage at all times and in all ways. You will indemnify us in the event that you fail to comply with the requirements of this Agreement or with the terms and conditions of ICANN or the registry. 
   5. Domain Renewals. We shall make every effort to renew a Domain on your behalf when it is due for renewal, unless you have provided notification in line with paragraph 4.1 below or have set the Domain to cancel or manual renewal in your control panel. We will not renew a Domain if no current payment method is supplied or if payment is not made as needed.
   6. Detail of renewal. Renewals are typically renewed for the same duration as the initial registration term, unless you notify us in writing of any needed changes or change the renewal settings in your client area. The renewal fee will be collected at the time of renewal at the current rate. To guarantee that the Domain is renewed on time, we will accept payment for Domain renewals up to 7 days prior to the Domain renewal date.
   7. Domain Transfers and Ownership Terms. We will determine who owns a registered Domain name using information from the Whois database. If the Whois database facts are not conclusive, we reserve the right to seek any additional proof necessary to determine ownership. It is your responsibility to settle any ownership issue with a third party. We are not obligated to carry out a transfer request unless we are satisfied that all necessary consents and permits have been received.  
   8. Basis of Transfer. You are entirely responsible for completing any actions necessary to transfer the domain, such as altering the domain's Nominet IPSTAG, unlocking the domain name, submitting the Authorisation code, and accepting a transfer request. If you desire to cancel a transfer and request a refund, you must notify us in line with our refund policy.
   9. Transfer Restrictions. You agree that one year will be added and paid to some domain extensions when they are transferred. Some domains have maximum registration terms, and you understand that this may block a transfer if the renewal would push the registration over the registry term restriction. We will not begin domain transfer until the purchase has been placed and completely paid.
   10. Expired Domains. If a domain name is not renewed by its expiry date, it will stop working and be considered to be expired. A registered Domain will expire if we are unable to accept payment using the method specified, or if you have scheduled the Domain to expire or fail to renew the Domain manually before the renewal date.
   11. A domain may enter a grace and/or redemption period after its expiry date. In this case, you agree that we may, at our option, renew a Domain within three calendar days of its expiration date; or park the Domain on name servers other than those you specify. Domains registered with registries that do not provide a grace and/or redemption period may be unrecoverable by us after the expiry date, in which case our agreement will end immediately and without obligation to us. Furthermore, we have no obligation to try to reclaim such Domain.  
   12. You acknowledge that you have the length of their grace period (for example, 30 days) following the expiry of the Domain ('the Grace Period') to contact us to retrieve and renew the Domain provided that you pay for said renewal in full and in cleared funds. You will maintain ownership of the Domain if we receive the renewal amount during the Grace Period, and we will return the Domain to your control panel as soon as reasonably possible.
   13. You agree that when the Grace Period expires, we may, at our sole discretion, take the following actions:  

       1.  auction the Domain;
                                                                   2.  alter the contact information /or
                                                                   3. transfer the Domain.
                                                   

   14. If the renewal amount is not received during the Grace Period, our Agreement for that Domain will be terminated immediately and without obligation to us. If we receive a request from you to renew the Domain after the end of the Grace Period ('the Redemption Period,' you agree to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s), provided that the relevant registrar of the Domain permits for a redemption period. You understand and accept that we are under no obligation to renew or reclaim a Domain during the Redemption Period and will only seek to do so once you have paid both the redemption and renewal costs. We offer no guarantees that renewal attempts will be successful.  

2. .Nominet UK's.UK domains are subject to their terms and conditions, which may be found at:[https://www.nominet.uk/go/terms(https://www.nominet.uk/go/terms)

3. HOSTING

   1. Free Domain Offer. Some of our hosting plans feature complimentary domain registration or transfer. This applies to a limited number of domain extensions and is subject to change. At our discretion, we may grant or deny a free registration or transfer. All subsequent extensions are not included in this package and will cost extra. Any charge decrease for consumers who desire to order using a different extension must be agreed upon in advance. Registration is valid for one year. Future renewals of these names will be subject to our standard renewal fee.
   2. Purpose of Services. Unless otherwise specified, our services are designed to be used for the hosting of websites and email. On our shared or reseller hosting servers, batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems, and any system used for reasons other than hosting a website are not authorised. You may only use such tools on a dedicated server with our written permission. We retain the right to take proactive measures in order to keep our systems stable for all clients. We expressly prohibit the use of adult pornography streaming websites. 
   3. Suitability of Hosting Environment. Some options include 'unlimited' service, which means we don't actively limit your account's disc space or bandwidth (or both). However, to guarantee system stability, accounts are limited in terms of resource utilisation to ensure that no single client has an impact on the service of others on shared or reseller servers. The bundle you select determines your resources on dedicated servers.
   4. “Unlimited” Allowances. Any 'unlimited' allowances are subject to fair use, and any customer using an amount of monthly bandwidth or disc space deemed excessive in comparison to the average usage by other customers on our platform may be advised, at our discretion, to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution, and will be billed accordingly.
   5. Service Needs. If we believe that the service you selected or purchased does not fulfil your service needs, we will notify you and provide an alternative service. We are not obligated to continue providing hosting services that are insufficient or inappropriate for your purposes. Account suspension and/or termination may occur if you refuse to cooperate with an account relocation request. 
   6. Migration Service. We provide a free migration service to assist you in moving your website from your former provider to us. This is a volunteer service. You recognise that you are the party most knowledgeable with your website, and that we cannot know the complexities of every website we host. We will take reasonable care to relocate your site files and data, but it is your duty to provide us with appropriate access to recover the data and ensure that the site has been successfully migrated. We strive to move websites within 72 hours, however we cannot promise a certain deadline. We may be able to move emails, DNS information, and domain names in some circumstances, but we do not warrant that we can move them successfully, or without interruption. 
   7. Changes to the hosting environment. We retain the right to alter the hosting environment in which your website is hosted. These modifications will be implemented "like for like" and will have no impact on your use of the hosting environment. The only time major modifications to your website hosting environment will be made is to present you with a "upgrade." Any modifications to the hosting environment will be communicated to you in writing. This might be:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat; and
      3. to switch between locations and providers. We provide a variety of server locations and providers. It is possible that your preferred location is not available, or that your current location has been modified or shut down. We may, at our discretion, relocate you to a comparable area or provider. (For example, Microsoft Azure Cape Town to Microsoft Azure Johannesburg, or AWS Bahrain to Alibaba Bahrain).  
   8. Upstream Providers. You must accept to the terms of our upstream suppliers, with an emphasis on their export law requirements (e.g., software used for DigitalOcean must be licenced in the United States). We endeavoured to include all of their pertinent clauses in this agreement. Appendix A has more information.
   9. CDN and Bandwidth Usage. We may need you to utilise a CDN service we provide in some countries where bandwidth charges are high owing to a lack of connection (e.g., the Middle East) or vary. A CDN service distributes worldwide traffic rather than from a single server, speeding up page loads and lowering bandwidth from the source. We will provide reasonable assistance with the setup.  
   10. No Guarantee. We provide no assurance that your website will be protected from a denial of service attack unless such service is expressly offered and agreed upon. If you believe you may be a DDOS target, you may consider purchasing DDOS mitigation services from a third party, such as Cloudflare.  
   11. Service uptime. We strive for 99.9% service uptime, excepting scheduled or emergency server maintenance and circumstances beyond our reasonable control. All clients will be alerted of scheduled maintenance as much in advance as possible via our status page and, if the maintenance lasts more than 30 minutes, via e-mail. If there is a problem with your server, we will send a skilled engineer to resolve the issue within 30 minutes of being alerted. In the rare event that your problem cannot be resolved within 30 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our public status page (status. Novoclouds.com).
   12. Backups. For the greatest performance, we take twice-daily backups of your websites and store them offsite, generally in the same geographic region (but not always in the same nation) as your live server. If you have specific data residency needs, please contact us to discuss a custom solution. We may omit items that we deem unimportant to the functionality of your website, such as error logs, cpanel backups, and cache files. Backups are a best-effort service, and we make no guarantees that they are comprehensive or consistent. Backups of your own website are your responsibility.
   13. Disruption to Services. We are not liable for service disruptions that are beyond our control. We make every effort to select suppliers who deliver exceptionally high levels of performance and uptime, but if our supply of services is disrupted by an incident beyond our control, we will notify you as soon as possible and will take action to mitigate the impact of the interruption. This might be done through our status page at status.verpex.com. We shall not be held accountable for any inconvenience caused by the event. We shall not be held liable for network or hardware faults that occur upstream of us. For example, if AWS has a problem, we will not be accountable for it or consider it in our 99.9% uptime estimate.

4. PROVIDING THE SERVICES   

   1. Service costs. The costs of the services will be as displayed to you on our website.
   2. When we will provide the services. We will supply the services to you until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 9.
   3. What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   4. Reasons we may suspend or disable the supply of services to you. We may have to suspend the supply of a service to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the product as requested by you or notified by us to you (see Clause 6);
      4. when required by law; 
      5. where we believe that you are in breach of any material term of this Agreement; 
      6. to resolve any third-party claims or actions;
      7. to avoid financial loss or legal liability.  
   5. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is as a result of your breach of this Agreement or in accordance with clause 6.5 b (b) to (g) above. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.
   6. We may also suspend supply of the service if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 10.6), we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavours to ensure that the service is restored to you within 24 hours. 
   7. Service suspension. If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.

5. YOUR OBLIGATIONS UNDER THE CONTRACT 

   1. You are responsible for the content on your Account. Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.
   2. You must not use the service for transmission of illegal material. You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities. In particular you: 
      1. must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act;
      2. must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms);
      3. must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE','UCE' );
      4. are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission;
      5. must take all reasonable steps to ensure that your password and login credentials remain confidential;
   3. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice. 
   4. Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
   5. Sites must not contain 'hateful' material or content which seeks to incite hate.

6. Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.

7. Sites must not contain 'warez', copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
8. Sites must conform to recognised international copyright law.
9. Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
10. You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.
11. We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us. 
12. In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.
13. In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same. 

14. We undertake to take any action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities

15. ACCEPTABLE EMAIL USAGE

    1. We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

16. We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked. 

17. By purchasing the services you agree to the following: 

    1. not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;
    2. not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful; \
    3. to have a clear opt out policy in all newsletter communications;
    4. not to use our mail services or network to send email to any user who does not wish to receive it;
    5. not to use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually;
    6. not to use our mail services or network with intent to deprive others of service ('mail bomb');
    7. not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
    8. not to use any email address that you are not authorised to use;
    9. to ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay';
    10. to take full responsibility for your own email reputation;
    11. not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018. 

18. ACCEPTABLE WEB USAGE

    1. Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website. 
    2. It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use. 
    3. It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify Novoclouds against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.
    4. You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the UK or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
    5. Legal adult content as defined by UK law is allowed on our servers however you must inform us in advance of placing any order with us as we will host your site on a separate IP to prevent any SEO implications for other clients. 
    6. If you are not located in the UK and intend to upload adult content of any type onto your website or web service you must contact us prior to placing any order. We reserve the right to decline to offer our services at our absolute discretion.  
    7. We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination. 

19. YOUR RIGHTS TO END THE CONTRACT  

    1. Ending your contract with us as a standard service user. You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11.59pm GMT on the day before renewal is due) through the client area at https://my.novoclouds.com/ . You may also raise a support ticket with us up to 24 hours before renewal.
    2. Ending your contract with us as a dedicated server user.  As a dedicated server user you can terminate your with us by given notice of termination in writing at least 24 hours  in advance of the next billing date.  
    3. Refunds of prepaid months. We offer a low cost service, with significant discounts available for prepayments. If you cancel before your service end date you will not be entitled to a refund of monies paid. 
    4. If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt and inform you whether a refund will be administered.  
    5. If you have just changed your mind about the product we will offer a “45 day no quibble money back guarantee”. You must notify us within 45 days of opening your Novoclouds  shared hosting account that you wish to cancel. You will then receive a full refund for the money paid to the date of termination, minus the domain registration fees which are non-refundable. This guarantee does not apply to dedicated server products, domain name registrations, renewals or transfers. 
    6. Inappropriate or illegal activity. If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply, including for the avoidance of doubt, the guarantee referred to in clause 9.5. 
    7. Processing of refunds. Any refund will be processed within 7 working days of receipt. 
    8. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them. 

20. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)  

    1. Tell us you want to end the contract. To end the contract with us, please log into clients. Novoclouds .com, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. If you qualify for a refund under the money back guarantee under Clause 10.5 above, please request this in the cancellation notes.

21. OUR RIGHTS TO END THE CONTRACT  

    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
       1. you do not make any payment to us when it is due. 
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided. 

22. PRICE AND PAYMENT  

    1. Where to find the price for the service. The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. Where VAT is applicable (based on your location and the services you order) it shall be detailed on the order steps. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. Changes in the price. We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal. 
    4. What happens if we got the price wrong? It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. 
    5. When you must pay and how you must pay. We accept payment by most major credit and debit cards, direct debit, PayPal, bank transfer and cheque. When you must pay depends on what product you are buying. You warrant that you are lawfully authorised to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.  
23. If a chargeback is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed and a  £50/$80 administration fee will be charged.
    1. Payment due at time of order. You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in clause 7 above 
    2. Invoices will be sent in advance of payment due. Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices in my.novoclouds.com
    3. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    4. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

24. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

25. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

26. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation 
27. We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
28. We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

29. Limit of liability. Save where you are acting as a Consumer within the meaning of the Consumer Rights Act 2015 our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.

30. HOW WE MAY USE YOUR PERSONAL INFORMATION 

    1. How we may use your personal information. We will only use your personal information as set out in our privacy policy.

31. OTHER IMPORTANT TERMS  

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided. 
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Transfer requests can be made via support ticket in my.novoclouds.com
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

APPENDIX A: Infrastructure providers

APPENDIX B: Business information and registration numbers