Draft document. This text is a general draft awaiting legal review. It is not yet legally binding and may change.
1. About these terms
These Terms of Service ("Terms") apply to your use of www.fluxuscloud.com and to the services provided by [Fluxus Cloud legal entity name] ("Fluxus Cloud", "we", "us"), including consulting and managed services (cloud infrastructure, DevOps and CI/CD, database management, security and compliance, and cloud cost optimization) and VPS hosting.
By using the website or our services, you agree to these Terms. If you are using our services on behalf of an organisation, you confirm that you are authorised to accept these Terms for it.
2. Our services
Consulting and managed services are described in a proposal, statement of work or order form agreed with you ("Order"). If an Order conflicts with these Terms, the Order takes priority for that engagement.
VPS hosting is provided under the plan you select. Plan features, resources and prices are shown on our VPS Hosting page or in your Order.
Free assessments and cost reviews are provided for information only, without charge and without obligation to buy further services.
3. Your account and responsibilities
- provide accurate information and keep it up to date;
- keep your account credentials secure and tell us promptly about any unauthorised access;
- use our services in line with our Acceptable Use Policy and applicable laws;
- unless your plan or Order includes managed backups, keep your own backups of your data;
- give us the access and information we reasonably need to deliver the services.
4. Fees and payment
Fees are as set out on our website or in your Order. VPS hosting is billed monthly in advance unless agreed otherwise. Consulting services are billed as set out in the Order.
Invoices are payable within 14 days unless stated otherwise. Prices exclude applicable taxes. We may suspend services if payment is overdue, after giving you notice.
We may change our prices for future billing periods by giving you at least 30 days’ notice.
5. Term, cancellation and termination
VPS hosting continues month to month until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period. There is no long-term contract unless your Order says otherwise.
Consulting and managed services run for the period set out in the Order.
Either party may terminate if the other seriously breaches these Terms and does not fix the breach within 14 days of written notice. We may suspend or terminate services immediately in cases of serious misuse, security risk or illegal activity.
After termination, we will make your data available for retrieval for [7] days, after which it may be permanently deleted.
6. Service levels
Availability commitments for VPS hosting are described in our Service Level Agreement. Service credits described there are your sole remedy for service unavailability.
7. Intellectual property
You keep ownership of your data, systems and content. Unless an Order states otherwise, you own the deliverables we create specifically for you once they have been paid for. We keep ownership of our pre-existing tools, know-how and general methods, and grant you a licence to use any of these that are included in your deliverables.
8. Confidentiality
Each party will keep the other’s confidential information private and use it only to perform or receive the services, except where disclosure is required by law.
9. Warranties and disclaimers
We will provide services with reasonable skill and care. Except as expressly stated in these Terms or an Order, the website and services are provided "as is", and we do not guarantee that they will be uninterrupted or error-free.
10. Limitation of liability
To the extent permitted by law, neither party is liable for indirect or consequential losses, or for loss of profits, revenue or data. Our total liability in any 12-month period is limited to the fees you paid us for the affected service in that period. Nothing in these Terms limits liability that cannot be limited by law.
11. Changes to these terms
We may update these Terms from time to time. For existing customers, material changes take effect 30 days after we notify you.
12. Governing law
These Terms are governed by the laws of [country / state], and the courts of [country / state] have jurisdiction over any dispute.
Questions about this document?
Email [email protected] or use our contact form.