VALUEDCLOUD LLC IS A LIMITED LIABILITY COMPANY REGISTERED IN THE STATE OF FLORIDA. THE REGISTERED HEADQUARTERS OF VALUEDCLOUD LLC IS 1060 WOODCOCK RD STE 128 #27643 ORLANDO, FL. US 32803.
HEREINAFTER, “ValuedCloud LLC” AGREES TO PROVIDE THE SERVICES OFFERED AS PART OF THIS COMPANY TO THE “Customer”, SUBJECT TO THE FOLLOWING TERMS OF SERVICE AND ACCEPTABLE USE POLICY.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND/OR THE ACCEPTABLE USE POLICY, YOU MAY NOT USE OUR SERVICES AND YOU AGREE TO EXIT THE WEBSITE AND TERMINATE YOUR USE OF OUR SERVICES IMMEDIATELY.
1. Definitions
In this agreement, “We”, “Us”, “Our” or “ValuedCloud LLC” means ValuedCloud Limited Liability Company. “You”, “Your” or “Customer” refers to any customer subscribing to the services provided by ValuedCloud LLC.
2. Amendments
ValuedCloud LLC reserves the right to update, change or otherwise modify these Terms of Service at any time as deemed appropriate by the management of ValuedCloud LLC. Any changes that are made will be made visible on the website and an updated copy of the relevant changed documents will be notified to you via the email address you provided when subscribing to one of our services. In the event that you do not accept our new Terms and Conditions you should notify us immediately and we will give you the right to cancel your service. Continuation of use of your service after a change in the Terms of Service indicates that you agree to be bound by the new Terms of Service. You agree that this contract may be transferred to any group or business taking control of any part of the service we are offering or the supply of the service.
3. Initial Term
The initial term of this agreement shall begin on the date that ValuedCloud LLC generates an email message to the Customer stating the service is now active and will continue for the number of calendar months specified in the order of the service. The Customer agrees explicitly that ValuedCloud LLC will only activate the service in receipt of full and cleared payment at that service will commence without delay.
Upon expiration of the initial term of the service, this agreement automatically renews for successive renewal terms whilst still subject to the Amendments policy in Clause 2 of these Terms of Service. ValuedCloud LLC or the Customer has the right to the non-renewal of their contract of their service provided that written notice of non-renewal is given at least twenty-eight (28) days in advance to the other party, prior to the expiration of the initial term or the then-current renewal term as applicable.
4. Jurisdiction
The Terms of Service and the relationship between you and ValuedCloud LLC shall be governed by the laws of the Florida in the United States of America, without regard to its conflict of law provisions. You and ValuedCloud LLC agree to submit to the personal and exclusive jurisdiction of the courts located in Florida if required.
The ValuedCloud LLC terms specifically prohibits the use of our service for illegal activities. Therefore, Customers agree that the company may, at our discretion, disclose any and all of the account holder’s information including assigned IP numbers, account history, account use, etc. to any member of appropriate agencies or organizations who makes a written request, without further consent or notification to the Customer. In addition, ValuedCloud LLC shall have the right to terminate all service set forth in this Agreement.
5. Service Level Agreement
In order to use ValuedCloud LLC services, you agree to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account. If at any time your contact, identification or other relevant information changes, you are to notify us within twenty-eight (28) days.
ValuedCloud LLC does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. You agree that all services are provided on an as-is basis.
ValuedCloud LLC provides a 100% Uptime Guarantee on all ValuedCloud LLC Hardware and on Network Connectivity, unless undergoing schedule maintenance. In any given month, if your server is offline due to a ValuedCloud LLC unscheduled hardware failure, or an unscheduled failure of the ValuedCloud LLC network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Downtime begins when an interruption is recorded by our own data monitoring systems, or when a ticket is submitted to us reporting user difficulties.
Specific exclusions exist where the ValuedCloud LLC network is working normally, but upstream issues, such as a Datacentre or Carrier failure or DDOS is impacting customer routes to the cloud. In the event of these specific exclusions taking place, ValuedCloud LLC regrets that we cannot offer any form of reimbursement for the time offline, but ValuedCloud LLC agrees to restore the service to normal working conditions as soon as possible. Planned maintenance announced via internal ticket or our ValuedCloud LLC status page is not covered by this guarantee.
If any customer is in breach of these Terms of Service, or if any customer has an overdue account, the Service Level Agreement outlined here in Clause 5 of the Terms of Service do not apply.
6. Copyrighted Material
It is not permitted to use our service or network for the distribution, publication, transmission or transfer of copyrighted text, music, video, software, art, images, media or other copyrighted work protected by copyright laws unless you have received explicit and express permission from the copyright holder that you may do so, or if you have obtained a permit for copyright law which allows the publication, distribution, transmission or transfer of the copyrighted items without the permission of the copyright holder.
7. Limitation of Liability
Customer agrees to indemnify and hold harmless ValuedCloud, ValuedCloud LLC’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customers services in violation of applicable law or the Acceptable Use Policy by the Customer or any person using Customer’s login information, regardless of whether such person has been authorized to use the services by Customer.
In no event will ValuedCloud LLC Limited, its suppliers, or third parties mentioned on this site be liable for any special, indirect or consequential or any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, or in connection with the use or performance of software or of failure to provide services, whether based on warranty, contract, tort, negligence or any other legal theory and whether or not advised of the possibility of such damages.
ValuedCloud LLC will accept no liability for any loss or damage to any data stored on Servers of back-up facilities.
8. Refunds and Payment
You agree that our service is available on a pre-pay basis, and, once a service is paid for, ValuedCloud LLC can issue no refunds under any circumstances.
In purchasing one of our packages you agree that ValuedCloud LLC is permitted to charge a payment to the credit card we have on file, on an annual, monthly or otherwise agreed upon basis in advance of the services being provided. In the event that any payment is withdrawn by the Customer in violation of these Terms and Conditions you agree that ValuedCloud LLC will immediately suspend your account until the outstanding balance is paid in full along with a $75 administration fee. In the event that any of these are not paid, you agree that ValuedCloud LLC has the right to take legal action against the Customer to recover lost funds.
In the event that the payment is recurring you agree that payment will be due on invoicing unless a cancellation is requested by the Customer prior to the services being provided. You agree that if any payment is not made within 7 days of the invoice, your account and the service will be suspended without notice until this is resolved.
9. Termination of account through Suspension and/or Cancellation
ValuedCloud LLC reserves the right to terminate your service without notice or liability if the Terms of Service or the Acceptable Use Policy is breached, or for any other reason. No refunds will be issued as per Clause 8: Refunds and Payment of this Terms of Service. In some circumstances, we will suspend your account temporarily pending investigation into an alleged breach of the Terms of Service or Acceptable Use Policy. In the event this occurs, the Customer is not entitled to any refund or credit balance as per Clause 5: Service Level Agreement of these Terms of Service.
10. Notice
In using our services, the customer agrees that, from time to time, ValuedCloud LLC may send you notices to the relevant contact information we have on file, including but not limited to any changes of the Terms of Service and notices about the ValuedCloud LLC system and service status. We aim to provide you with notice about scheduled maintenance, and where possible we aim to provide 48 hours’ notice.
