YouCloudIT Ltd – Customer Terms and Conditions
We are sorry that there is so much information here but we are required to set out our Terms and Conditions of supply. We have tried to make these as easy to understand as we can. If you do have any queries that are not dealt with here, please refer to the Contact Us section of our website (www.youcloudit.com) (“Website”) before confirming any order with us.
Our Terms and Conditions
What Are These?
Set out below are the Terms and Conditions, which you should read carefully, upon which YouCloudIT Limited (“YouCloudIT” or “us” or “we”) will provide the Products and Services to you, the Customer, with whom this contract is made (“you”). If you order any Products or Services from us, you will need to click to confirm that you agree to these Terms and Conditions. These will form a contract between us, YouCloudIT and you, our customer (“Contract”).
The Terms and Conditions are mainly about:
- Us– what we have to do and what we are allowed to do; and
- You– what you have to do and what you are allowed to do.
Definitions: What Do The Words In This Contract Mean?
In this Contract, when we print the following words set out below in bold, they have the following meanings:
Charges means the charges for the Products you order;
Hardware means any hardware purchased by you from us including, but not limited to, equipment, parts and supplies;
Products means any product purchased by you from YouCloudIT including Hardware or Software or Services; and
Software means any software provided by or on behalf of us to you;
Services means any consultancy services which we will provide to you in connection with getting the benefits of cloud services; and
VAT means value added tax at the applicable current rate in the UK.
1. About This Contract And Ordering Products From Us
When This Contract Starts and How Long Does It Last
1.1 (a) Your obligations to us will start when you click to agree that you accept these Terms and Conditions. Our obligations start once we have dispatched or supplied or activated the Product to you (see paragraph 1.4 below);
(b) Unless otherwise stated by us, the duration of this Contract shall be at least 30 days from when the Contract starts under the terms of paragraph 1.1 (a). The Contract shall continue on a rolling 30 day term unless it is terminated by notice in writing from one party to the other as per the provisions of paragraph 10.
How Old Do I Have To Be To Order Products/Services From You? How do I order the Product? When Will I Get My Product/Services?
1.2 If you order Products or Services from us you must confirm that you are at least 18 years old and provide us with a valid email address and/or mobile telephone number. We may ask for proof of identity and your address and carry out credit and identity checks on you. You must notify us of any changes in your email address through the Contact Us section of the Website.
1.3 You order the Product or Services from us through the Website. You must decide at the point of order if you want to self-install the Product or if you require an engineer to visit to install the Product, please refer to paragraph 10. If you choose to self-install the Product and when you have received the Product, decide you need an engineer to visit, this is no problem and you should simply contact us via the Contact Us section of the Website.
1.4 After we receive your order, we will send you an email to confirm we have received your order. This does not mean that the order has been accepted – please refer to paragraph 1.5.
1.5 We try to complete orders as soon as possible but delays may happen which we will tell you about as soon as we can. Once we have accepted your order, we will send you a further email to confirm that your Product will be ready for use. If we are dispatching your Product then a delivery date will be provided.
1.6 If once you have placed an order, there is a problem with us being able to fulfil the order, for reasons other than those set out in paragraph 1.2 (e.g. the Product is no longer available or is temporarily out of stock), we will email or text you to advise you of this. If you have already paid for the Product, you can then decide if you want a full refund or whether you want to wait until the Product becomes available or you want to choose an alternative Product.
What If I Change My Mind?
1.7 You may cancel your order by contacting us (see paragraph 11):
1.71 Before we have fulfilled the order without penalty charge in accordance with paragraph 1.4; or
1.72 If you have ordered a Product from us, in the first 14 days after receipt of such Product.
1.8 If you do cancel, you must return any Product provided to you within 14 days of the cancellation and pay us one month’s charges. If you do not return the Product to us, you will have to pay the full price for the Product.
1.9 We will advise you how to return the Product when you cancel. You will be responsible for the cost of any return to us.
1.10 If the Product you return is not sent back to us in its original packaging and/or has been either used and/or damaged, this may reduce the value of any refund that we will give to you.
2. Our Prices and Delivery Charges
2.1 Subject to paragraph 2.2 and paragraph 2.3, the price of the Products will be our quoted price on our website and shall, where applicable, exclude VAT.
2.2 The price of the Services shall be offered on a bespoke basis and shall be sent to you upon a request from you to us for such a quote made via the Contact Us form. You can either accept or reject such a quote. If you accept the quote, the provisions of paragraph 1.4 shall apply.
2.3 Our delivery charges are not included in the price of the Products. You can view the options for delivery charges during the check-out process before your order is confirmed.
3. When You Must Pay Us
3.1 You must provide your Direct Debit details when setting up your account at the time of placing your first order. In some instances ad hoc payments may be taken by using either a debit or credit card or Paypal. We accept only Visa and Mastercard.
3.2 For the first time you place an order with us, you will be charged for the Product at the point that the Product is activated.
3.3 If you are subscribing for a Service with us, subject to paragraph 3.2, you will be required to pay by monthly Direct Debit.
3.4 If we undertake work relating to the Services but you do not proceed to order any Products from us, we reserve the right to charge you for the work undertaken by us to date.
4. Do I Get Any Warranty For The Products?
4.1 Some of the Products that we sell will already include a manufacturer’s guarantee and the details of this guarantee will be provided with the Product.
4.2 For Hardware Products which do not come with a manufacturer’s guarantee, we will provide you with a 12 month guarantee which will apply from when such Hardware Product is delivered to you, that the Product shall be free from material defects.
4.3 The warranty set out at paragraph 4.2 shall not apply to any defect in the Product arising from:
4.3.1 Your failure to use and/or operate the Product in accordance with the user instructions;
4.3.2 Any alteration or repair carried out by you or a third party on the Product who has not been authorised by us;
4.3.3 Fair wear and tear;
4.3.4 Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
4.3.5 Any specification provided by you.
4.4 The warranties set out at paragraphs 4.2 and 4.3 do not affect your legal rights in relation to Products that are faulty or not as described. If you need further advice on your legal rights, you should seek independent legal advice or contact your local Citizen’s Advice Bureau or Trading Standards office.
4.5 Nothing in this Contract or your right to compensation affects these legal rights.
5. What We Must Both Do
5.1 We will use reasonable skill and care in providing the Products/Services but we cannot guarantee that they will be continuously available or error free (e.g. there may be geographical, atmospheric or environmental factors that affect the Product).
5.2 For certain Products, we will grant you a non-exclusive, non-assignable license to use the Product (Licence). We may suspend the License: (i) in order to carry out maintenance or testing; (ii) when it is necessary to safeguard the security and integrity of the Licensed Product or to reduce the incidence of fraud.
5.3 We will try to keep your data and communication secure. However, sometimes for reasons outside of our control, these may be unlawfully intercepted. If they are, we will promptly investigate this and keep you informed of what steps we are taking.
5.4 You agree that you will comply with our and our representatives’ reasonable requests and/or instructions about the Products/Services.
5.5 You agree that if you self-install the Product, you will comply with all the set-up and user instructions provided with the Product. Please make sure that you read paragraph 4.3 which explains how your warranty would be affected if you do certain things during both the installation and use of the Product which causes a material defect in the Product.
6. Upgrades, modifications, new releases
6.1 We and our licensors may update or supplement the Software. If so, you may use that update or supplement with the Software. If other terms come with an update or supplement, those terms apply to your use of it.
6.2 We and our licensors may modify the functionality or features or release a new version of the Software from time to time. After an update, some functionality or features may not be available. You agree that it is your responsibility to carry out any updates to the Software that may be required otherwise some features may not be available.
7. Changing this Contract
7.1 We can change the terms of this Contract at any time, including prices and payment methods, unless we have agreed with you that we won’t. If we make a change, we will write to let you know. We will show the most up-to-date version of these terms and conditions on our Website.
7.2 If we make a change to this Contract and that change puts you at a material disadvantage or if we amend the prices and charges we will, where possible, let you know at least thirty (30) days before the change or price amendment happens. We will only amend our prices if we are told to do so for legal, regulatory or commercial reasons.
7.3 Subject to paragraph 7.4, if you object to the change to the Contract and we agree that it is to your material disadvantage, you may end your Contract with us.
7.4 You cannot request a refund if the change which we have had to make to the Contract is because we have been told we must make the relevant change by any legal or regulatory body.
8. Our Liability To You
Death, injury and fraud
8.1 Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
What We Are Liable To You For
8.2 We are only liable for losses that could reasonably have been foreseen or expected to occur when we entered into this Contract.
8.3 Our total liability, other than under paragraph 8.1, shall be limited to the price of the Product.
What We Are Not Liable To You For
8.4 In any event, we shall not be liable to you under, or in connection with this Contract in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any of the following losses, whether or not they have been incurred directly or indirectly or are consequential:
8.4.1 loss of profit;
8.4.2 loss of income;
8.4.3 loss of business;
8.4.4 loss of opportunity;
8.4.5 loss of your time;
8.4.6 loss of goodwill;
8.4.7 loss of data or information; or
8.4.8 problems caused by your use of the Product in conjunction with another third party’s goods or services.
9. Intellectual Property
9.1 All intellectual property rights in the Products/Services allocated to you during this Contract shall remain with us.
9.2 You agree that if we need to protect our rights in any intellectual property, you will sign any agreement required by us to help us achieve this.
9.3 If any Software is supplied to you, we will grant you a non-exclusive and non-transferable licence to use the software for that purpose only.
9.4 If you do something which causes us to break or be in break of our intellectual property rights and a third party brings a claim against us, you agree that we will be able to recover from you any costs that we have to pay out as a result.
10. How we will use and protect information about you
11. Contacting Us and Notices
11.1 If you cannot find what you are looking for on our website or you have any questions or you want to give us notice of termination of the Contract, you must complete and submit a form to us via the Contact Us part of the Website.
11.2 We will need to verify your identity before we can speak to you about any order. If someone else wants to speak to us on your behalf we will only be able to provide limited information unless you complete and submit a form to us via the Contact Us part of the Website advising us that a particular person is authorised to speak to us on your behalf.
11.3 If we need to send you any information regarding your Contract including any notice of termination, we shall use the email address that you provided to us when the Contract was formed between us.
12.1 These Terms and Conditions shall be governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction. If you wish to raise any dispute about any the terms of this Contract you must, in the first instance, complete and submit a form to us via the Contact Us part of the Website
12.2 If you break any part of this Contract and we do not respond right away, this does not necessarily mean that we won’t do anything about it later on.
12.3 If a court or other authority (like Ofcom) tells us that a part of or a whole section of this Contract is not valid, the rest of the Contract will still apply.
12.4 This Contract sets out the whole agreement between you and us regarding the provision of the Services and supersedes all prior agreements between you and us. Neither of us has relied on any representation, discussion, understanding or agreement (whether verbal or in writing) not expressly set out in this Contract.
12.5 This Contract is between us. You cannot transfer any of your rights or responsibilities under this Contract to another person without our permission in writing, but we can transfer all or any part of this Contract to another supplier. We will always notify you in writing if this happens.
12.6 No other person shall have any rights to enforce any of these Terms and Conditions whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.