This is version 1.00 of CloudKraft.Online Terms and Conditions (last updated: 01/29/2020). Sections may be added to, amended or excluded altogether. Please keep on checking in to view the updated version.
For any inquiries please send us an email to firstname.lastname@example.org. The parties shall attempt to resolve all disputes arising out of this Agreement( T&C) in a spirit of cooperation and with a problem-solving mindset, without formal proceedings.
1.1 Commencement, Duration and Termination:
1.1.1 The Services shall commence on the Activation Date (i.e. after the receipt of the first monthly payment and/or any additional payments stated per Package/Plan/Service) and shall continue for as long as the conditions of Package/Plan/Service are adhered to.
1.1.2 Suspension and Termination: In the event of non-payment (i.e. missing one monthly payment for a Package/Plan) this Agreement may be suspended by CloudKraft.Online until the current payment and all outstanding payments to date have been done. In the event of non-payment for THREE consecutive months OR upon the breach of any other points of this Agreement, the termination will take effect on the first day of the month immediately following the end of the aforementioned period. This includes but not limited to immediate termination of data retention or any back-ups, or access to services such as email or blog posts.
1.1.3 Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to CloudKraft.Online as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to CloudKraft.Online have been paid in full. This does not apply to the rights to products and services expressly granted to you by CloudKraft.Online.
1.1.4 Conclusion of Agreement: From the date of termination of this agreement shall be considered as Concluded.
1.1.5 The parties shall attempt to resolve all disputes arising out of this Agreement( Terms of Service) in a spirit of cooperation and with a problem-solving mindset, without formal proceedings.
1.2 Copyright & Licencing Policy:
All rights not expressly stated as granted are retained by CloudKraft.Online. Hence all intellectual property produced by CloudKraft (such as but not limited to logos, domain names, ephemera, hosting plans) shall remain the property of CloudKraft.Online by default. CloudKraft.Online retains the right to notify you about the status of intellectual property produced for you as part of the Services. The breach of this clause will result in termination and will proceed in accordance with 1.1.2-1.1.4.
1.3 Services: CloudKraft will use reasonable endeavors to make its services available to its clients, and to maintain the availability thereof for use by its subscribers/clients.
1.3.1 However, we do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable. Furthermore, CloudKraft will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.
1.3.2 CloudKraft may modify, add, or delete portions of this Agreement. We will post a notice on the CloudKraft website for every update and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
CloudKraft reserves the right to modify, change, or discontinue any aspect of the Services at any time.
2.1.1 The total monthly fee is calculated based on the chosen Plan (such as a Monthly Website Plan) and additional monthly services (such as added Modules, extra back-ups etc.). Please refer to www.cloudkraft.online/products to view the prices for the required products/services.
2.1.2 From time to time CloudKraft reserves the right to review our pricing policy, the monthly payment amount, or any other charges if such necessity occurs due to unforeseen economic changes in the currency exchange rate or to ensure correct operational feasibility of our T&C to legal and regulatory standards for such business. We will provide you with at least ninety (90) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by CloudKraft through the notices sent or posted by CloudKraft on www.cloundkraft.online.
2.2.1 The first monthly payment must be made for services to be activated. This first monthly payment also indicates the Client’s acceptance of and agreement to comply with our Terms of Service.
2.2.2 Each monthly payment should be received no later than the 3rd day of each month. Missing a single payment will result in the suspension of the website and services. Having three (3) outstanding monthly payments will result in termination the website and services (please refer to 1.1.2).
2.2.3 You, the Client, acknowledge you are solely responsible for all payments in respect of a service charged, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding will be deemed to have arisen from (or relate to) your access to and/or use of a service.
3.2.1 Revisions may only be made by the CloudKraft.Online designer at the preliminary design phase (i.e. while the website is being developed) and the amount of revisions is package/plan-dependent. The additional revisions may be done upon request and will be subject to additional cost.
3.2.2 It is the explicit responsibility of the client to conduct the review and provide a review feedback in a timely manner. In some cases CloudKraft may discuss and ask the client to adhere to a specific review window (for example, 24 or 48 hours to review and provide feedback). This is to make sure that the production pipeline for the website is not stalled and the client gets the best turnaround time on the website going live. If a client fails to provide feedback in a timely manner the free review is considered forfeit and the client may be charged for additional reviews (Plan-dependent).
3.3 Website Finalization: the website that has gone through all of the revisions, is online and accessible via the required domain and is approved by the client on the record (i.e. via a message, a post, a voice recording or an email) is considered to be finalized. Any further changes to the website can be done via a separate request and may be subject to additional charges.
3.4 Credit & Promotions: A credit line (the link to CloudKraft.Online in the footer) suitable to the design look & feel will be used. CloudKraft.Online also reserves the right to include screenshots of, links to, and case studies about the completed projects to our portfolio and marketing material.
3.5 Client Content Responsibility: The client is responsible for the provision of the relevant website content (i.e. their current logo, images they wish to have on the website, written information, review feedback etc.). Content that is neither provided nor requested to be produced by us (may be subject to additional charges) will be omitted from the final website and may be done via a separate request as well as become subject to additional charges.
3.6 ‘Online in [Number of] Days’: Our ‘Online in [Number of] Days’ promise is applicable from the receipt of all website content, activation of the domain, is package/Plan-dependent and excludes weekends & public holidays.
3.7 Content Design and Access: CloudKraft will reserve the right to modify/alter/re-design your content, with or without additional costs, upon mutual agreement with the client. CloudKraft will grant you access to files, such as (but not limited to) logos or images for personal use via email, usb, cloud storage link etc. It is your responsibility to safekeep the issued files. The loss of the files on your part and subsequent request of extra copies may result in additional charges.
3.8 Changes to Website Design: Unless the complimentary changes has been granted, any changes to website design after Finalization will result in a once-off fee per-module that is affected by changes. Our standard policy is to charge a module’s monthly fee amount as a once-off fee per change to the module. This includes the change itself plus a review.
4.1 Transferring the Website Away from CloudKraft: Should you cancel your Website Package/Plan or decide to move to another hosting company your website is not transferable. Furthermore, the request for cancellation of your Services will count as request for termination and will proceed in accordance with 1.1.2-1.1.4.
4.2 CloudKraft.Online will, where and when relevant, provide you with a username and password in order to enable you to gain access to and/or use a service within duration of the Agreement. With the receipt of username/password you agree that:
4.2.1 you will use your user name and password for your own personal use only;
4.2.2 you will not disclose your user name or password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
4.2.3 in the event that your password is compromised, you will immediately notify CloudKraft.Online and change your password;
4.2.4 you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
4.3 All our Packages/Plans are subject to rules and limitations of Acceptance Use Policy.
CloudKraft’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at CloudKraft’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups. CloudKraft is not responsible for any loss of files/data or changes outside or between the backup times.
5.2 Data Retention:
We will use reasonable endeavors to ensure the safekeeping of any data or content which you may receive or upload to our servers from time to time, such as (without being limited to) photographs, websites, videos, data and email messages (hereinafter collectively referred to as “your data”), subject to our Acceptable Use Policy. However, it is your obligation to keep copies and back-ups of your data, as:
5.2.1 we will not be liable for any direct or indirect loss or damages of any kind, which you may suffer as a result of the loss of your data, or any part thereof, for any reason whatsoever outside or between the backup times; and
5.2.2 we will, unless otherwise required by law, delete all your data from our servers within 5 (Five) days of termination of this Agreement.
5.2.3 we will charge Data Recovery Fee after the first time you’ve lost your data.
5.3 Uptime Guarantee:
If your website has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive 1 (One) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of CloudKraft and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the website is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please email via email@example.com.