Cloudways

We feel great pride in knowing that every time you choose Cloudways as your Hosting Platform, you put your trust and faith in us, so, it is of utmost importance

Terms of Service

Last Updated on November 21, 2022

Version 1.2 (previous versions can be found Here)

DEFINITIONS

“We”/”Us”/”Our”/”Cloudways Ltd.”/”Cloudways” means Cloudways Ltd. and/or any of its parents, subsidiaries and/or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.

“End Users” means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Services Content, or (b) otherwise accesses or uses the Services under your account.

“Cloud Provider” means one or more third party cloud providers that may be used to provide the Services.

“Services” means any services offered by Cloudways Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Cloudways Platform’.

“Services Content” means source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing by the Services.

“User Content” means content which you may submit or upload content, including messages, reviews, media, images, folders, data, text, and other types of work to the Services or as part of the Services.

PRELIMINARY

These terms of service (the “Terms”, “Terms of Use”, or “Agreement) relate to your use of the Services provided by Cloudways Ltd. under the domain name cloudways.com (“the Website”).

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

IN USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE AS FOLLOWS,

Acceptance of the Terms. Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Acceptable Use Policy, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.

1. Eligibility & Registration

1.1 Before you use our Website and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Website and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Website and Services.

1.2 The Website and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Website and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Website and Services in applicable jurisdiction(s) as determined by you.

1.3 To access the Services and some features of the Website, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the Privacy Policy and Data Processing Agreement.

1.4 We may, in our sole discretion, refuse to provide or continue providing the Website and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with these Terms of Use. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Website and Services at any time at our sole discretion.

2. Rules of Conduct/Use of the Services

2.1 As a client of Cloudways Ltd. you agree to uphold the license / user agreements of any such cloud providers and application providers to the extent it applies to your use of any services offered by Cloudways Ltd. Please also read any cloud services and applications license agreements as may be applicable. As a user of Cloudways Ltd. services, you agree to uphold the terms of any such cloud services and applications license agreement to whatever extent they apply to your usage of cloud services, applications and/or Services.

2.2 PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH CLOUDWAYS SERVICES MAY ORIGINATE FROM THIRD PARTY CLOUD SERVICES AND APPLICATIONS. ALL SUCH THIRD PARTY CONTENT IS PROVIDED TO YOU “AS IS.” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME BEYOND THE CONTROL OF CLOUDWAYS LTD. CLOUDWAYS LTD., SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD PARTY SERVICES AND/OR CONTENT.

2.3 You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Cloudways Ltd. immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.

2.4 You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Malta or other relevant countries).

2.5. You may neither share nor re-sell your Cloudways Ltd. account to any third parties.

2.6. Unless you have been specifically permitted to do so in a separate agreement with Cloudways Ltd., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

2.7 You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree Cloudways is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users. By providing your Services Content via the Services, you affirm, represent, and warrant that:

Your Services Content, and your or your End Users’ use of your Services Content, will not violate this agreement (including the AUP) or any applicable law, regulation, rule, or third party rights;
You are solely responsible for the development, moderation, operation, maintenance, support and use of your Services Content, including when your Services Content is contributed by your End Users;
Your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and
Except for the specific Services provided to you under these Terms of Use or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.

2.8 You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers. You are responsible for notifying your employees, agents, and others related to your use of the Website and Services of the provisions of these Terms of Use, including where the terms of these Terms of Use are binding on them.

2.9 Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.

The Website and Services may include links to third party websites, services or other resources on the Internet, and third party websites, services or other resources may include links to our Websites and Services as well. When you access third party resources on the Internet, you do so at your own risk. These third party resources are not under our control, and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third party. To the fullest extent permitted by law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party resource.

2.10 Cloudways does not promise to retain any preservations or backups of your Services Content. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a Cloudways backup feature or functionality, and to the fullest extent permitted by law, Cloudways shall have no liability for any data loss, unavailability, or other consequences related to the foregoing.

2.11 When purchasing Services, you may specify the geographic region, Cloud Provider, and jurisdiction in which your Services Content will be stored. You consent to the storage of your Services Content in, and transfer of your Services Content into, the geographic region, jurisdiction, and Cloud Provider you select. Unless otherwise agreed in writing between you and Cloudways, you agree that Cloudways may transfer and store your Services Content in other geographic regions or jurisdictions and with other Cloud Providers at its sole discretion. You represent and warrant that such storage and transfer are adequately consented to by you and permissible pursuant to applicable laws, regulations, rules, and third party rights.

You agree to abide by the customer agreement, terms of service, acceptable use policy (AUP), and any other applicable terms and conditions of each third-party Cloud Provider that you use through the Services (if any). Those terms are incorporated to this agreement by reference and may be updated from time to time.

2.12. Some of the Services may require that you establish your own account with one or more third party cloud providers (“Cloud Provider). You will be solely responsible for paying for and establishing an account (“Customer Cloud Provider Account”) with each third-party Cloud Provider you select, and for compliance with the terms of use applicable thereto. You must provide Cloudways Ltd. with your Customer Cloud Provider Account credentials (the “CP Key”) that are necessary for Cloudways Ltd. to access and manage your use of the third-party Cloud Provider servers, including, without limitation, accessing servers as necessary to identify or resolve technical problems or to respond to any issues related to or connected with the Services. Cloudways Ltd. will use reasonable efforts to maintain the confidentiality and security of your CP Keys.

2.13. Cloudways Ltd. has also established its own accounts (“Cloudways Provider Accounts”) with one or more third-party Cloud Providers, which Cloudways Ltd. may use to provide you with the Services. Cloudways Ltd. will be responsible for paying for and establishing the account with such Cloud Providers, provided that you will be responsible for paying Cloudways Ltd. the portion of the Cloud Provider fees allocated to you (of which you will be notified in advance), and for compliance with the terms of use applicable thereto.

2.14 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

2.15 The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”). Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from Cloudways in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.

2.16. Cloudways Ltd. may offer (or act as intermediary in the offering of) certain application trials including the ability for you to install the said applications on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT THESE SERVERS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT CLOUDWAYS LTD. MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT SERVERS AT ANY TIME.

3. WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

3.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. Cloudways disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or (c) any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.

3.2 Cloudways is not responsible for the content that you access through your use of the Websites, Services, or content of other users of Cloudways or other third parties. To the extent permitted by applicable law, you release us from all liability relating to such content. You acknowledge and agree that we make no representations concerning any content contained in or accessed through the Websites or content of other users of Cloudways or other third parties, and that we are not responsible or liable for the accuracy, quality, legality, or other attributes of such content.

3.3 The limitations, exclusions, and disclaimers in this Section apply to the fullest extent permitted by law. Cloudways does not disclaim any warranty or other right that Cloudways is prohibited from disclaiming under applicable law.

To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Cloudways or any other contributor or supplier of Cloudways, be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by Cloudways Ltd., we are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:

Any changes to the Services made by Cloudways Ltd., or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,
Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which Cloudways Ltd. has no control,
Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk.

Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Cloudways Ltd. regarding any matter relating to the Services, Cloudways Ltd.’s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for one month of the Services in question.

3.5 To the fullest extent permitted by law, you are responsible for your use of the Website and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, Affiliates, parent companies, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Website and Services, including your breach of these Terms or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.

4. MUTUAL CONFIDENTIALITY

4.1 To the extent you receive or possess any nonpublic information from us that is designated confidential or, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential, such information is our “Confidential Information” and must be handled according to these Terms. Confidential Information includes but is not limited to: (a) nonpublic information about our technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and (b) the existence and content of our discussions or negotiations with you regarding your Account and/or use of the Services. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the information by a wrongful or tortious act or by violating the rights of us or third parties; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information.

4.2 You may not use Confidential Information except in connection with your use of the Service as permitted under these Terms or as separately authorized in a signed writing by us. You agree to not disclose Confidential Information during the term of these Terms, after you cease using the Services and after these Terms otherwise no longer apply. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature.

5. GENERAL LEGAL TERMS

5.1. Cloudways Ltd. may make changes to the Terms from time to time. Cloudways reserves the right to update, change or otherwise modify these Terms on a going-forward basis at any time and in Cloudways’ sole discretion. If Cloudways updates these Terms or any other terms on its website, Cloudways may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Last Updated” date at the beginning of these Terms. Updates will be effective on the date specified in the notice. By continuing to access or use the Website or Services after the date specified in the notice or updated Terms, you are agreeing to accept and be bound by the updated Terms and all of the terms incorporated therein. If you do not agree to the updated Terms, then you may not continue to use the Website or Services and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services.

5.2 While we prefer to give advance notice of termination, we reserve the right, in our sole discretion, to terminate your access to all or any part of the Website and/or Services at any time, with or without notice, effective immediately. Any such termination may result in the immediate forfeiture and destruction of data associated with your account. Except as otherwise set forth herein or expressly agreed between the parties, any and all fees paid to us are non-refundable and any and all fees still owed to us at the time of such termination shall be immediately due and payable. Upon termination, any and all rights granted to you by these Terms will immediately be terminated, and you must also promptly discontinue all use of the Website and/or Services. All provisions of these Terms which by their nature should reasonably be expected to survive termination shall survive termination.

5.3. If Cloudways Ltd. provides you with a translation of the English language version of these Terms, the English language version of these Terms will prevail over any other language version in case of any conflict.

5.4. You irrevocably agree to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of Cloudways Ltd. for any matter or any proceeding for which notice is required.

5.5. The Services may include hyperlinks to other websites, content or resources. Cloudways Ltd. may have no control over any web sites or resources which are provided by companies or persons other than Cloudways Ltd.. The User agrees to be bound exclusively by the terms and conditions of any such third party web site.

5.6. You acknowledge and agree that Cloudways Ltd. is not responsible for the availability of any such external sites or resources as described in this agreement, and does not endorse any advertising, products or other materials on or available from such websites or resources.

5.7. You agree that if Cloudways Ltd. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cloudways Ltd. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cloudways Ltd. rights and that those rights or remedies will still be available to Cloudways Ltd.

5.8. Cloudways Ltd. employs industry standards technology and practices to store and protect your Cloud Provider and Services login information. In no case shall Cloudways Ltd. be held liable for any damages incurred as a result of such network or software related breach. In case of a breach Cloudways Ltd. will notify you via email or other means, as Cloudways Ltd. deems sufficient, to take necessary actions from your end.

5.9. These, including all documents expressly incorporated by reference herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

5.10. Cloudways Ltd. may automatically back up and shut down applications and servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if Cloudways Ltd. detects that your application or server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Server. Cloudways Ltd. does not promise to retain any preservations or Backups or guarantee the completeness of any such back. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a backup feature or functionality, and to the fullest extent permitted by law, Cloudways Ltd. shall have no liability for any data loss, unavailability, or other consequences related to the foregoing

5.11. Cloudways Ltd. reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that Cloudways Ltd. will not be liable to you in connection with its modification or discontinuation of the Services.

5.12 These Terms of Use and any dispute related thereto is governed by the laws of the State of New York without regard to conflict of law principles. You and Cloudways Ltd submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

5.13 Assignment. You may not assign, transfer or delegate these Terms of Use or any of your rights and obligations under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer or delegate these Terms of Use or our rights and obligations under these Terms of Use without notice or consent. Subject to this section, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or transfer in violation of this section will be void.

6. BILLING AND PAYMENTS

6.1 We charge in arrears, meaning that you will receive an invoice during the first week of every month for the Services that You used in the previous month.

6.2 Cloudways is a ‘pay as you go’ service, meaning you will only pay for the resources that you have actually used and for the time that you have actually used them (minimum time fraction for billing related purposes is one hour increments).

6.3 Cloudways is liable to refund your unused prepaid account funds, if a refund request is presented within three months of funds addition. However, the refund will not include the amount already deducted for services consumed.

6.4 We use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this Terms. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by Cloudways, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).

6.5 You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable. Changes to such information can be made in your account settings.

6.6 By entering into these Terms and using the Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions apply in addition to these Terms. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Website and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

6.7 You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.

6.7 We may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.

STATEMENT FOR MODERN DAY SLAVERY

We confirm that neither Cloudways nor any entity that it owns or controls is involved in Modern Slavery practices including servitude and forced or compulsory labor. We further confirm that Modern Slavery is not occurring in the business operations and activities of Cloudways and any entity that it owns or controls.

We do not enter into business with any entity which, to the best of our knowledge, knowingly supports or is found to be involved in Modern Slavery practices.

Service Level Agreement

Last Updated on November 21, 2022

Definitions

“We”/”Us”/”Our”/”Cloudways Ltd.” means Cloudways Ltd. (C 55975) of Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Cloudways Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Cloudways Platform’.

Cloudways Ltd. strives to provide a high quality service and backs it up with a comprehensive Service Level Agreement.

This SLA is an integral part of your agreement with us as referenced in our Terms of Service.

The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.

Cloudways Ltd. may make changes to the Service Level Agreement from time to time. When these changes are made, Cloudways Ltd. will make a new copy of the Service Level Agreement available at https://www.cloudways.com/terms.php. Cloudways will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Cloudways Ltd. will treat your use as acceptance of the updated Service Level Agreement.

Standard Level of Service (Service Standard)

Cloudways’ goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability).
Please note that Service Availability refers to Cloudways Platform Console and related services and in no case we are guaranteeing here the Service Availability of our Partner Cloud Providers (see third party SLAs in Clause 4 below).
Cloudways offers two standard support options, Live Chat and Ticketing System.
Chat Service is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis. Particularly, and to avoid clogging the Live Chat system, interactive support sessions are subject to a maximum duration time depending on the support plan level you are in:
- Standard Support – 15 minutes max chat duration
- Advanced Support – 30 minutes max chat duration
- Premium Support – No limit (chat offered via Private Slack channel)
When the chat duration goes above the limits set above, our Live Chat agents will create a ticket with all information provided during the chat session to be followed up by our senior engineers via our Ticketing System. Expected response times for tickets presented by Customers or created on the Customers’ behalf by our agents are as follows:
- High Priority Tickets (instant Live Chat available 24x7x365)
  - Standard Support – 3h
  - Advanced Support – 30’
  - Premium Support – 10’
- Normal Priority Tickets (instant Live Chat available 24x7x365)
  - Standard Support – 12h
  - Advanced Support – 6h
  - Premium Support – 2h
Our Response Time goal is the time it takes to acknowledge and have the “work started” status only, not the time it takes to resolve the issue in question.
High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other type of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Cloudways Ltd.’s personnel and treated accordingly.
Customers who have signed up for our Premium Support Add-on are offered two additional support options, a private Slack channel and phone support. Premium Support is offered from Monday to Sunday, 24h a day (24x7x365). Cloudways goal is to respond to any request through these channels within five minutes (Response Time). As with the standard support options, the Response Time goal is a time to acknowledge and “work started” only, not a time to resolve.
Cloudways Ltd. realizes that our Service Availability and Response Time goals may not always be met. Accordingly, Clause 2 sets out credits should we fail to meet the Service Availability or Response Time goals.

Credits disbursed when Service Standard is not met

We will compensate our Customers in the event that our Service Standards are not met and provided the Customer(s) would have reported it through our Support Portal. Compensation will be through credit against Your next monthly invoice. You will receive a credit of five percent of Your total fee (for the month in which the SLA was not met) for each hour in which We fail to meet Our Service Standard levels. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards set out in Clause 1, may not be aggregated, and will not be paid in cash.

Situations in which we will not disburse any Credit

Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than Cloudways Ltd., You will not be entitled to any SLA Credit.

Third party Infrastructure Providers SLAs

Click here to view DigitalOcean SLA.
Click here to view Amazon EC2 SLA.
Click here to view Google Compute Engine (GCE) SLA.
Click here to view Vultr SLA .
Click here to view Linode SLA

Privacy Policy

Last Updated on 21th May 2018

Version 1.1

INTRODUCTION

This Privacy Policy (“Privacy Policy”) relates to the website www.cloudways.com and/or any sub-websites and/or associated domains (and/or sub-domains) of cloudways.com (hereinafter referred to as the “Site”), the services provided by Cloudways Limited, the owner of the Site, (“We“, “Us“, “Our“, “Ourselves” and/or “Cloudways”) and any related software applications (‘Apps’), where Personal Data is processed by the same (via the Site, any of Our Apps or otherwise) relating to You. In this Privacy Policy, “You” and “Your” and “User” refer to an identified or identifiable natural person being the User of the Site and/or client (or prospective client) of any of Our services. Our full details, including contact details, can be read below.

You may be reading this Privacy Policy as a User or visitor of the Site or You may have been directed here by one (or more) of Our agreements, Our condensed policies or Our other notices (digital or otherwise).

Although this Privacy Policy provides detailed, layered information on how and why We generally process Personal Data (via the Site, any of Our Apps, or otherwise) as well as detailed information about Your various rights, the specific and tailor-made content of such agreements, condensed policies or other notices will, in most cases, provide You with more focused and detailed information on specific processing operations (for example, the specific legal basis for processing certain categories of Personal Data and the specific purpose for doing so depending on the matter at hand).

Although Our goal is to always be as clear and transparent as possible, We appreciate that legal documents can sometimes be difficult to read. However, We strongly encourage You to read this Privacy Policy (which is layered for Your convenience) with care. Please do not hold back from contacting Us for any clarification You may need. For example, if You need clarification on a specific legal basis We are relying on to process Your Personal Data for a specific processing operation, We would be happy to provide You with any such information You may need.

CONTENTS OF THIS PRIVACY POLICY

CLOUDWAYS AS A DATA PROCESSOR

If you are a legal or natural person acting as a DATA CONTROLLER seeking our services as a DATA PROCESSOR, please Click HERE. to view our Data Processing Agreement.

Please note that the general terms of how we process personal data (for example, the technical and organisational measures (security measures) we implement to protect personal data we process) are the same whether we are doing this in our capacity as a data controller or as a data processor on behalf of a data controller.

APPLICABLE LAWS

As an entity established in Malta, EU, the main privacy laws that are applicable to Us in so far as You are concerned, are as follows:

The (Chapter 586 of the Laws of Malta) as well as the various subsidiary legislation issued under the same – the ‘DPA’;
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – the ‘GDPR’.

All the above referred to together as the “Data Protection Laws“

WHAT IS PERSONAL DATA?

“PERSONAL DATA” means any information that identifies You as an individual or that relates to an identifiable individual.

Whenever it is not possible or feasible for Us to make use of anonymous and/or anonymised data (in a manner that does not identify any Users of the Site or customers of Our services), We are nevertheless committed to protecting Your privacy and the security of Your Personal Data at all times.

We collect Personal Data in various ways both digitally via the Site (either when You choose to provide Us with certain data or in some cases, automatically or from third parties) as well as non-digitally (for example when You fill in a physical form to benefit from one or more of Our services).

PERSONAL DATA WE COLLECT ABOUT YOU

There are various categories of Personal Data that We collect about You, namely:

CONTACT DETAILS:

Full Name
Mailing address
Telephone or mobile number
Email address
Collaboration and Instant messaging

REGISTRATION DATA:

MARKETING DATA:

Email address
Mailing address
Interests
Website data
Online identifiers (including IP addresses and information generated via Your browser)

TRACKING DATA:

IP address
Location Data
Configuration information
Operational logs
Location of files and other data

FINANCIAL INFORMATION:

Credit card information
Paypal ID
Bank details

PROFILE DATA:

Full Name
Email address
Telephone or mobile number
Business description
Country and City of residence

ADDITIONAL INFORMATION:

In some cases, (for example, if You are a client [or prospective client] of Our services, via the Site, any App or otherwise) We may request additional Personal Data as a means of securely identifying You or for another similar lawful purpose. The additional information We may request from You to be able to provide You with Our services includes:

More secure identification methods
Credentials/references
Details of Your next of kin
Certain special categories of data (sensitive Personal Data) such as health conditions/status (only where necessary and with the necessary safeguards in place).

Many of the categories of Personal Data above are collected directly from You (for example, Your Contact Details and Your Registration Data). However, WE MAY ALSO COLLECT PERSONAL DATA FROM OTHER SOURCES, including publicly accessible databases, joint marketing partners, social media platforms and other third parties. We may also receive Personal Data about You from third parties when We need to confirm Your Contact Details. Should this be the case, and when acting as a data controller, We will take all measures as required by law to further inform You about the source of such Personal Data as well as the categories of Personal Data We collect and process. There are certain instances at law where We are specifically forbidden from disclosing to You such activity (for example, when carrying out due diligence for anti-money laundering purposes).

When acting as a data processor, Cloudways processes personal data on behalf of one or more data controllers. In such cases it is the data controller’s obligation to provide data subjects with the said information. In case of uncertainty over who is the data controller, please contact us at the details below.

For a detailed description of the reasons why We process (as a data controller) the categories of Personal Data above (and any other specific Personal Data We process) as well as the corresponding legal ground(s) for doing so, please see the ‘What We Use Your Personal Data For (Purpose of Processing)’ below.

For information/Personal Data that We may collect automatically via the Site, please see the Cookies section below.

SOCIAL MEDIA

If You choose to connect one or more of Your social media accounts with Our Site to enable the sharing of Personal Data via social media platforms, certain categories of Personal Data relating to You from Your social media account(s) will be shared with Us.

HOW AND WHY WE COLLECT PERSONAL DATA

As a general rule, when acting as a data controller, We do not collect any Personal Data, that is, information that identifies You as an individual other than that which You choose to provide to Us such as the data (including Contact Details and Registration Data) You provide when registering with Our Site (where this is available), when contacting Us with enquiries relating to Our goods and/or services, when subscribing to any service offered by Us or via Our Site, such as any newsletters as may be issued by Us from time to time or even when subscribing to any offers We (and/or Our affiliates and/or corporate partners) may offer from time to time (see Personal Data We Collect About You above).

Unless otherwise specified and subject to various controls, as a general rule, We only collect Personal Data (from You or elsewhere) that We:

Need to be able to provide You with the goods and/or services You request from Us
Are legally required to collect/use and to keep for a predetermined period of time
Believe to be necessary for Our legitimate business interests

For a detailed description of the reasons why We process specific categories of personal data as well as the corresponding legal ground(s) for doing so, please see the ‘What We Use Your Personal Data For (Purpose of Processing)’ below.

PERSONAL DATA RELATING TO THIRD PARTIES

By providing Us with or allowing Us to access Personal Data relating to individuals other than Yourself, You are letting Us know that You have the authority to send Us that Personal Data or the authority to permit Us to access those data in the manner described in this Privacy Policy.

WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING)

The following is description (in a clear and plain manner) of what We use Your Personal Data for and the corresponding legal ground(s) we rely on for doing so.

For more detail on what is meant by terms such as ‘Contact Details’, ‘Registration Data’ and other categories of Personal Data used in the tables below, please see the section above relating to Personal Data We Collect About You.

Please note that WHERE WE RELY ON YOUR CONSENT, THIS CAN BE WITHDRAWN AT WILL (See Special Note on Consent below).

PROSPECTIVE CLIENTS/USERS OF THE SITE/NEW CLIENTS OF OUR SERVICES:

PURPOSE OF THE PROCESSING	CATEGORIES OF PERSONAL DATA	LEGAL BASIS FOR PROCESSING
To register users (directly or through third-parties social signups).	Registration Data	Contractual necessity Legitimate interest
To manage our relationship with you	Registration Data Contact Details	Legitimate Interest
To be able to provide You with marketing and promotional offers that You may have requested from Us or that We may be authorized at law to provide to You	Marketing Data Tracking Data	Consent OR Legitimate Interests (where We don’t need Your Consent)
To establish and investigate any suspicious behaviour in order to protect Our business from any risk and fraud	Registration Data Contact Details	Legitimate Interest (detection and prevention of fraud)
Subscribing to a newsletter or mailing list	Registration Data Contact Details	Consent
Send You text messages and push notifications;	Contact Details Registration data	Contractual Necessity Or Consent

ONGOING CLIENTS OF OUR SERVICES:

PURPOSE OF THE PROCESSING	CATEGORIES OF PERSONAL DATA	LEGAL BASIS FOR PROCESSING
Your being able to participate in a survey, feedback, feature demonstration, poll or a discussion across Our digital properties	Registration Data Contact Details	Consent
Maintain records on Our systems	Registration Data Contact Details Tracking Data Profile Data Financial Information	Contractual Necessity Legitimate Interest (to ensure We have accurate records)
Continue to manage Our relationship with You	Registration Data Contact Details Tracking Data Financial Information	Contractual Necessity Compliance with the Legal Obligations
To process and manage payments transactions (where applicable)	Financial Information	Contractual Necessity
To be able to provide You with (some or all of) Our services	Registration Data Contact Details Profile data Marketing Data	Contractual Necessity
Comply with legal and regulatory obligations	Registration Data Contact Details Tracking data Financial Information	Legal Obligation
To establish and investigate any suspicious behaviour in order to protect Our business from any risk and fraud	Registration Data Contact Details	Legitimate Interest (Recovery and detection & prevention of fraud)
Subscribing to a newsletter or mailing list	Registration Data Contact Details	Consent
To be able to provide You with marketing material that You may have requested from Us or that We may be authorized at law to provide to You	Marketing Data Tracking Data	Consent (where we need it) OR Legitimate Interests (where We don’t need Your Consent)
Send You text messages and push notifications;	Contact Details Registration data Contractual Necessity	Consent

Should We need to process Your data for a new purpose in the future, which is entirely unrelated to the above, We will inform You of such processing in advance and You may exercise Your applicable rights (as explained below) in relation to such processing.

Finally, do note that without certain Personal Data relating to You, We may not be in the position to provide some or all of the services You expect from Us or even to guarantee the full functionality of Our Site.

SPECIAL NOTE ON CONSENT

For the avoidance of all doubt, We would like to point out that in those limited cases where We cannot or choose not to rely on another legal ground (for example, Our legitimate interests), We will process Your Personal Data on the basis of Your consent. In some cases, We will require Your explicit consent, for example, when, on the basis of Your explicit consent We will process special categories of data concerning You such as Your health data or data that reveals Your race or ethnic origin (what was previously referred to as ‘sensitive Personal Data’) that might be needed as part of Our processing of Your application for a credit facility with Us.

In those cases where We, as a data controller, process on the basis of Your consent (which We will never presume but which We shall have obtained in a clear and manifest manner from You), YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME and this, in the same manner as You shall have provided it to Us.

Should You exercise Your right to withdraw Your consent at any time (by writing to Us at the physical or email address below), We will determine whether at that stage an alternative legal basis exists for processing Your Personal Data (for example, on the basis of a legal obligation to which We are subject) where We would be legally authorised (or even obliged) to process Your Personal Data without needing Your consent and if so, notify You accordingly.

When We ask for such Personal Data, You may always decline, however should You decline to provide Us with necessary data that We require to provide requested services, We may not necessarily be able to provide You with such services (especially if consent is the only legal ground that is available to Us).

Just to clarify, consent is not the only ground that permits Us to process Your Personal Data. In the last preceding section above We pointed out the various grounds that We rely on when processing Your Personal Data for specific purposes.

ACCURACY OF PERSONAL DATA

All reasonable efforts are made to keep any Personal Data We may hold about You up-to-date and as accurate as possible. You can check the information that We hold about You at any time by accessing and updating Your account information in the Cloudways platform to achieve accuracy, in addition you can contact us in the manner explained below. If You find any inaccuracies, We will correct them and where required, delete them as necessary. Please see below for a detailed list of Your legal rights in terms of any applicable data protection law.

DIRECT MARKETING

We only send mail, messages and other communications relating to marketing where We are authorised to do so at law. In most cases We rely on Your consent to do so (especially where We use electronic communications). If, at any time, You no longer wish to receive direct marketing communications from Us You can exercise this right by clicking the “unsubscribe” or “opt-out” link in the marketing emails we send you or let Us know by contacting Us at the details below or update Your preferences on any of Our Site(s) or Apps (where applicable).

In the case of direct marketing sent by electronic communications (where We are legally authorised to do so) You will be given an easy way of opting out (or unsubscribing) from any such communications.

Please note that even if You withdraw any consent You may have given Us or if You object to receiving such direct marketing material from Us (in those cases where We do not need Your consent), from time to time We may still need to send You certain important communications from which You cannot opt-out.

TRANSFERS TO THIRD COUNTRIES

As a general rule, the data We process about You (collected via the Site, any of our Apps or otherwise) will be stored and processed within the European Union (EU)/European Economic Area (EEA) or any other non-EEA country deemed by the European Commission to offer an adequate level of protection (the so-called ‘white-listed’ countries listed here).

In some cases, it may be necessary for Us to transfer Your Personal Data to a non-EEA country not considered by the European Commission to offer an adequate level of protection. For example, for the implementation of Your desired transaction it can be necessary that We disclose Your Personal Data to other payment processors outside the EEA.

In such cases, apart from all appropriate safeguards that We implement, in any case, to protect Your Personal Data, We have put in place additional adequate measures. For example, We have ensured that the recipient is bound by the EU Standard Contractual Clauses (the EU Model Clauses) designed to protect Your Personal Data as though it were an intra-EEA transfer. You are entitled to obtain a copy of these measures by contacting Us as explained below

INTERNET COMMUNICATIONS

You will be aware that data sent via the Internet may be transmitted across international borders even where sender and receiver of information are located in the same country. We cannot be held responsible for anything done or omitted to be done by You or any third party in connection with any Personal Data prior to Our receiving it including but not limited to any transfers of Personal Data from You to Us via a country having a lower level of data protection than that in place in the European Union, and this, by any technological means whatsoever (for example, WhatsApp, Skype, Dropbox etc.).

Moreover, We shall accept no responsibility or liability whatsoever for the security of Your data while in transit through the internet unless Our responsibility results explicitly from a law having effect in Malta.

AUTHORISED DISCLOSURES

Without prejudice to anything contained in this Privacy Policy and in the interest of full transparency, We reserve the right to disclose (and otherwise process) any relevant Personal Data relating to You which We may be processing (including in certain cases relevant IP addresses) to authorised third parties in or outside the EU/EEA if such disclosures are allowed under the Data Protection Laws (whether or not You have provided Your consent) including but not limited to:

1. For the purpose of preventing, detecting or suppressing fraud (for example, if You provide false or deceptive information about Yourself or attempt to pose as someone else, We may disclose any information We may have about You in Our possession so as to assist any type of investigation into Your actions);
2. In the event of Cloudways being involved in a merger, sale, restructure, acquisition, joint venture, assignment, transfer;
3. To protect and defend Our rights (including the right to property), safety, or those of Our affiliates, of Users of Our Site or even Your own;
4. To protect against abuse, misuse or unauthorised use of Our Site;
5. For any purpose that may be necessary for the performance of any agreement You may have entered into with Us (including the request for provision of services by third parties) or in order to take steps at Your request prior to entering into a contract;
6. To comply with any legal obligations such as may arise by way of response to any Court subpoena or order or similar official request for Personal Data; or
7. As may otherwise be specifically allowed or required by or under any applicable law (for example, under anti-money laundering legislation).

SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS

Relevant data will also be disclosed or shared as appropriate (and in all cases in line with the Data Protection Laws) to/with members and staff of Cloudways, to/with other entities within the Cloudways Group and/or to/with affiliated entities and/or subcontractors if pertinent to any of the purposes listed in this Privacy Policy (including to/with Our services providers who facilitate the functionality of the Site and/or any service You may require). Personal information will only be shared by Us to provide the services You request from Us or for any other lawful reason (including authorised disclosures not requiring Your consent).

Any such authorised disclosures will be done in accordance with the Data Protection laws (for example all Our processors are contractually bound by the requirements in the said Data Protection Laws, including a strict obligation to keep any information they receive confidential and to ensure that their employees/personnel are also bound by similar obligations). The said service providers (Our processors) are also bound by a number of other obligations (in particular, Article 28 of the GDPR).

Your Personal Data will never be shared with third parties for their marketing purposes (unless You give Your consent thereto).

The list of third parties to whom We may disclose to and/or share Your Personal Data with is available on request.

SECURITY MEASURES

The personal information which We may hold (and/or transfer to any affiliates/partners/subcontractors as the case may be) will be held securely in accordance with Our internal security policy and the law.

We use reasonable efforts to safeguard the confidentiality of any and/or all Personal Data that We may process relating to You and regularly review and enhance Our technical, physical and managerial procedures so as to ensure that Your Personal Data is protected from:

unauthorised access
improper use or disclosure
unauthorised modification
unlawful destruction or accidental loss.

To this end We have implemented security policies, rules and technical and organisational measures to protect the Personal Data that We may have under Our control. All our members, staff and data processors (including specific subcontractors, including cloud service providers, who may have access to and are associated with the processing of Personal Data, are further obliged (under contract) to respect the confidentiality of Our Users’ or clients’ Personal Data as well as other obligations as imposed by the Data Protection Laws.

Despite all the above, We cannot guarantee that a data transmission or a storage system can ever be 100% secure. For more information about Our security measures, please contact Us in the manner described below.

Authorised third parties, and external/third party service providers, with permitted access to Your information (as explained in this Privacy Policy) are specifically required to apply appropriate technical and organisational security measures that may be necessary to safeguard the Personal Data being processed from unauthorised or accidental disclosure, loss or destruction and from any unlawful forms of processing.

As stated above, the said service providers (Our data processors) are also bound by a number of other obligations in line with the Data Protection Laws (particularly, Article 28 of the GDPR). For the avoidance of all doubt, these are the same obligations that we are bound by when acting as data processor on behalf of one or more data controllers.

RETENTION PERIODS

We will retain Your Personal Data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria We use to determine what is ‘necessary’ depends on the particular Personal Data in question and the specific relationship We have with You (including its duration).

Our normal practice is to determine whether there is/are any specific EU and/or Maltese law(s) (for example tax or corporate laws) permitting or even obliging Us to keep certain Personal Data for a certain period of time (in which case We will keep the Personal Data for the maximum period indicated by any such law). For example, any data that can be deemed to be ‘accounting records’ must be kept for ten (10 years).

We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against Us by You and/or third parties and if so, what the prescriptive periods for such actions are (this is usually five (5) years). In the latter case, We will keep any relevant Personal Data that We may need to defend Ourselves against any claim(s), challenge(s) or other such action(s) by You and/or third parties for such time as is necessary.

Where Your Personal Data is no longer required by Us, We will either securely delete or anonymise the Personal Data in question.

PROCESSING FOR STATISTICAL REASONS

Research and statistics using User or client information is only carried out so that We may understand Our Users’ and/or clients’ needs, to develop and improve Our services/activities. In any case, We will always ensure to obtain any consent We may legally require from You beforehand. As in all other cases, We will also ensure to implement all appropriate safeguards as may be necessary.

LINKS TO THIRD PARTY SOURCES

Links that We provide to third-party websites are clearly marked and We are not in any way whatsoever responsible for (nor can We be deemed to endorse in any way) the content of such websites (including any applicable privacy policies or data processing operations of any kind). We suggest that You should read the privacy policies of any such third-party websites.

COOKIES

When You visit Our Site, We collect certain categories of Personal Data automatically through the use of cookies and similar technologies.

For more detailed information including what cookies are and how and why We process such data in this manner (including the difference between essential and non-essential cookies) please read Our detailed but easy-to-read Cookie Policy

MINORS

The Site and Our services are not intended to be used by any persons under the age of thirteen (13) and therefore We will never intentionally collect any Personal Data from such persons. If You are under the age of consent, please consult and get Your parent’s or legal guardian’s permission to use the Site and to use Our services.

We shall consider that any Personal Data of persons under the age of thirteen (13) received by Us, shall be sent with the proper authority and that the sender can demonstrate such authority at any time, upon Our request.

YOUR RIGHTS UNDER THE DATA PROTECTION LAWS

Before addressing any request You make with Us, We may first need to verify Your identity. In all cases We will try to act on Your requests as soon as reasonably possible.

As explained in the Retention Periods section above, We may need to keep certain Personal Data for compliance with Our legal retention obligations but also to complete transactions that You requested prior to the change or deletion that You requested.

Please note that when acting as a DATA PROCESSOR, Cloudways processes personal data on behalf of one or more data controllers. In such cases queries will generally be direct to our client(s) – the data controller(s).

When We act as a data controller, Your various rights at law in so far as We are concerned include:

YOUR RIGHT OF ACCESS

You may, at any time request Us to confirm whether or not We are processing Personal Data that concerns You and, if We are, You shall have the right to access that Personal Data and to the following information:

What Personal Data We have,
Why We process them,
Who We disclose them to,
How long We intend on keeping them for (where possible),
Whether We transfer them abroad and the safeguards We take to protect them,
What Your rights are,
How You can make a complaint,
Where We got Your Personal Data from and
Whether We have carried out any automated decision-making (including profiling) as well as related information.

Upon request, We shall (without adversely affecting the rights and freedoms of others including Our own) provide You with a copy of the Personal Data undergoing processing within one month of receipt of the request, which period may be extended by two months where necessary, taking into account the complexity and number of the requests. We shall inform You of any such extension within one month of receipt of the request, together with the reasons for the delay.

YOUR RIGHT TO RECTIFICATION

You have the right to rectify Your Personal Data. You can exercise this right by accessing Your account information in Cloudways platform and updating the information which You like to rectify. You can also ask Us to rectify inaccurate Personal Data and to complete incomplete Personal Data concerning You. We may seek to verify the accuracy of the data before rectifying it.

YOUR RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN)

You have the right to ask Us to delete Your Personal Data and We shall comply without undue delay but only where:

The Personal Data are no longer necessary for the purposes for which they were collected; or
You have withdrawn Your consent (in those instances where We process on the basis of Your consent) and We have no other legal ground to process Your Personal Data; or
You shall have successfully exercised Your right to object (as explained below); or
Your Personal Data shall have been processed unlawfully; or
There exists a legal obligation to which We are subject; or
Special circumstances exist in connection with certain children’s rights.

In any case, We shall not be legally bound to comply with Your erasure request if the processing of Your Personal Data is necessary:

for compliance with a legal obligation to which We are subject (including but not limited to Our data retention obligations); or
for the establishment, exercise or defence of legal claims.

There are other legal grounds entitling Us to refuse erasure requests although the two instances above are the most likely grounds that may be invoked by Us to deny such requests.

YOUR RIGHT TO DATA RESTRICTION

You have the right to ask Us to restrict (that is, store but not further process) Your Personal Data but only where:

The accuracy of Your Personal Data is contested (see the right to data rectification above), for a period enabling Us to verify the accuracy of the Personal Data; or
The processing is unlawful and You oppose the erasure of Your Personal Data; or
We no longer need the Personal Data for the purposes for which they were collected but You need the Personal Data for the establishment, exercise or defence of legal claims; or
You exercised Your right to object and verification of Our legitimate grounds to override Your objection is pending.

Following Your request for restriction, except for storing Your Personal Data, We may only process Your Personal Data:

Where We have Your consent; or
For the establishment, exercise or defence of legal claims; or
For the protection of the rights of another natural or legal person; or
For reasons of important public interest.

YOUR RIGHT TO DATA PORTABILITY

You have the right to ask Us to provide Your Personal Data (that You shall have provided to Us) to You in a structured, commonly used, machine-readable format, or (where technically feasible) to have it ‘ported’ directly to another data controller, provided this does not adversely affect the rights and freedoms of others. This right shall only apply where:

The processing is based on Your consent or on the performance of a contract with You; and Your Right to Withdraw Consent (when We rely on consent)

YOUR RIGHT TO WITHDRAW CONSENT (WHEN WE RELY ON CONSENT)

See Our Special Note on Consent for detailed information on this right (which You may exercise at any time).

YOUR RIGHT TO OBJECT TO CERTAIN PROCESSING

In those cases where We only process Your Personal Data when this is 1.) necessary for the performance of a task carried out in the public interest or 2.) when processing is necessary for the purposes of the legitimate interests pursued by Us or by a third party, You shall have the right to object to processing of Your Personal Data by Us. Where an objection is entered, the processing of data shall cease, unless We as data controller provide compelling and legitimate grounds requiring the continuation of the data processing which outweigh the objections You may have raised.

When Your data is processed for direct marketing purposes, You have the right to object at any time to the processing of Your Personal Data, which includes profiling to the extent that it is related to such direct marketing.

For the avoidance of all doubt, when We process Your Personal Data when this is necessary for the performance of a contract, when necessary for compliance with a legal obligation to which We are subject or when processing is necessary to protect Your vital interests or those of another natural person, this general right to object shall not subsist.

YOUR RIGHT TO LODGE A COMPLAINT

You also have the right to lodge complaints with the appropriate Data Protection Supervisory Authority. The competent authority in Malta is the Office of the Information and Data Protection Commissioner (OIDPC).

We kindly ask that You please attempt to resolve any issues You may have with Us first (even though, as stated above, You have a right to contact the competent authority at any time).

WHAT WE MAY REQUIRE FROM YOU

As one of the security measures We implement, before being in the position to help You exercise Your rights as described above We may need to verify Your identity to ensure that We do not disclose to or share any Personal Data with any unauthorised individuals.

TIME LIMIT FOR A RESPONSE

We try to reply to all legitimate requests within one month from receiving them. In some particular cases (for example, if the matter is particularly complex or if You send Us multiple requests), it may take Us longer than a month. In such cases, we will notify You accordingly and keep You updated.

CLOUDWAYS DETAILS

CLOUDWAYS LIMITED a company registered in Malta with company registration number C 55975 and whose registered office address is at Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta is the data controller responsible for processing Your Personal Data that takes place via the Site or in the manner explained above (or in the Terms of Service or notice that directed You here).

If You have any questions/comments about privacy or should You wish to exercise any of Your individual rights, please contact Us at: [email protected] or by writing to Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta

UPDATES

We reserve the right, at Our complete discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. If You are an existing client with whom We have a contractual relationship You shall be informed by Us of any changes made to this Privacy Policy (as well as other terms and conditions relevant to the Site). We shall also archive and store previous versions of the Privacy Policy for Your review.

As a User of the Site with which We have no contractual relationship or even a lawful way of tracing, it is in Your interest to regularly check for any updates to this Privacy Policy (which are usually deemed to be effective on the date they are published on the Site), in the event that Our attempts to notify You of such updates do not reach You.

Last Updated on 21th May 2018

Acceptable Use Policy

Last Updated on November 21, 2022

Definitions

“We”/”Us”/”Our”/”Cloudways Ltd.” means Cloudways Ltd. (C 55975) of Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Cloudways Ltd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘Cloudways Platform’.

Preliminary

The terms of this Acceptable User Policy (the Terms) relate to your use of the Services provided by Cloudways Ltd. under the domain name cloudways.com (‘the Website’).

We have the right to revise and amend these Terms and/or the Services from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide. Your continued access to or use of the Website and/or the Services constitutes your acceptance of any such change and/or amendment.

In using the Website and/or the Services, you agree as follows,

1) Acceptance of the Terms: Your continued access to or use of the Website and/or the Services constitutes your acceptance of our Terms of Service, of our Privacy Policy, of our SLA and these Terms. Certain Services may require additional terms and conditions in which case your clicking of “I ACCEPT” buttons and/or other prompts and/or any other similar methods of acquiring your consent will constitute your acceptance of the said terms and conditions.

2) Illegal Use: You agree not to use the Services for or in the pursuit of illegal purposes. Cloudways Ltd. cooperates with the authorities in investigations into illegal Internet use¸ and will take both criminal and civil legal action against Users who use the Services in an unlawful way. You agree not to directly or indirectly allow a third party to use the Services in an illegal or unsuitable manner.

3) Harassment: You agree not to use the Services for harassment¸ threats¸ verbal abuse¸ and/or persistent unwanted contact(s) of any kind. Harassment covers any use of the Services to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active¸ in forms including but not limited to unwanted emails¸ and/or chat messages¸ and/or verbal declarations on a public forum¸ and can be passive in the form of defamatory information posted on web sites.

4) Disruption/Hacking: You agree not to make any attempt to disrupt or attack the systems or Services provided by Cloudways Ltd. or any third party (affiliated with us or otherwise). This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and Services without the consent of the provider for those Services. Hackers will be subject to the full extent of criminal law¸ and Cloudways Ltd. reserves the right to seek damages or resort to any and/or all legal remedies against Users who abuse¸ attack¸ or hack our systems¸ servers¸ or the Services or whoever uses the Service in a manner that is contrary to law or our Terms of Service, our Privacy Policy or this Acceptable User Policy.

5) Fraud/False Advertising: You agree not to post or transmit fraudulent information on or through the Services. This can include false advertising¸ identity theft¸ misrepresentation of any kind including phishing¸ forged email headers and/or fictitious email addresses.

6) Unsolicited Advertising/Spamming: You agree not to post or transmit any unsolicited material through any active medium such as email¸ chat¸ messaging¸ chain letters¸ advertisements¸ jokes¸ etc. Cloudways Ltd. does not tolerate unsolicited mass emailing (‘Spamming’) of any kind¸ and the use of any of ‘Cloudways’ Services for this purpose is strictly prohibited. To assist Cloudways Ltd. in the prevention of Spamming¸ Cloudways Ltd. may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving user’s desire to be contacted in the specified manner¸ so kindly use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the explicit prior consent of those from whom you collect the information.

7) Disruptive Content: You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the Internet can generate a great deal of disruption and reaction from the Internet community as a whole. This can include¸ but is not limited to¸ material that is considered obscene¸ offensive¸ or extremely controversial. While Cloudways Ltd. does not actively censor its Users¸ the reaction this material can generate can be expensive and time consuming¸ and as such makes the continued support of Users generating this kind of content of questionable business value to Cloudways Ltd. You understand and agree that Cloudways Ltd. may suspend or terminate your Services should your usage constitute disruptive content¸ as determined by Cloudways Ltd. in its sole discretion¸ from the Internet community at large.

8) Adult Content: You agree not to use the Services to post or host any type of adult content on your website. It may include but not be limited to material considered to be pornographic content and images. You understand and agree that Cloudways Ltd. may suspend or terminate your Services should your usage constitute adult content¸ as determined by Cloudways Ltd. in its sole discretion.

9) Reselling or Reconfiguring the Services: You may not resell the Services or redistribute or reconfigure the Services to allow others to use the Services in an illegal¸ fraudulent or inappropriate manner. Interpretation of this clause will be at the sole discretion of Cloudways Ltd.

10) Weapons and Firearms: You agree not to use the Services to post or host any type of weapons and firearms related content on your website. This includes but not limited to sale of parts/components/kits for weapons and firearms, 3D printed parts, demo videos, and ammunition sales. You understand and agree that Cloudways Ltd. may suspend or terminate your Services should your usage violates this stated policy, as determined by Cloudways Ltd. in its sole discretion.

11) Copyright Infringement: Cloudways Ltd. respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Services to transmit and/or store copyrighted material in a manner that is contrary to any applicable legislation. If Cloudways Ltd. has a reasonable belief¸ in its sole judgment¸ that You have violated this Acceptable Use Policy¸ Cloudways Ltd. may take any action it deems appropriate¸ which may include¸ without limitation¸ notifying You of a suspected violation¸ suspending your account¸ or terminating your account. These actions are in addition to and not by way of substitution of any and/or all other remedies that we may have against You under any applicable law.

If you believe your work has been copied in any way that constitutes infringement¸ please provide us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) Identification of where the material (including the URL if possible) that you claim is infringing is located;

(d) Your address¸ telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner¸ its agent or the law; and

(f) A statement by you¸ made under penalty of perjury if you are asked to testify on the matter in a court of law¸ that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For all copyright infringement and related matters¸ you may contact us on [email protected]

II. CHANGES TO THE ACCEPTABLE USE POLICY

Cloudways Ltd. may make changes to the Acceptable Use Policy from time to time. When these changes are made, Cloudways Ltd. will make a new copy of the Acceptable Use Policy available at https://www.cloudways.com/terms.php. Cloudways will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , Cloudways Ltd. will treat your use as acceptance of the updated Acceptable Use Policy.

Governing Law

These Terms of Use are governed by and construed in accordance with Maltese law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Maltese courts or other adjudicating bodies.

Affiliate Program

Last Updated on November 21, 2022

The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Cloudways (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Cloudways services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.

1. Participation in the Affiliate Program

To join Cloudways affiliate program;

Step # 1: First, log in to Cloudways Platform with your credentials. To join our affiliate program, click on the Grid Icon from the top menu bar and then select Affiliate Program.

Step # 2: Fill out the form to complete your affiliate profile and click CREATE YOUR AFFILIATE PROFILE.

Step # 3: Once your affiliate profile is created, you will be able to access your Affiliate Panel by clicking on ACCESS YOUR AFFILIATE PANEL at the top of the page. For any changes to your affiliate profile, click SAVE CHANGES at the bottom of the page.

2. Your Responsibilities

As a Cloudways Affiliate, you agree that:

You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Cloudways will be promoted, promotional practices and means, payment details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Cloudways and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
You should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for fraud risk, have active accounts as per the Cloudways Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on the following: The referred customer has maintained an active account with a running server on the Cloudways platform and that the user has not canceled the account subscription or churned out.
You should not take action or make recommendations to your referrals that result in a potential revenue loss for Cloudways.
You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
You should not use on behalf of your referrals or encourage your referrals to use on their Cloudways accounts any copyrighted or third-party material without the proper licenses.
You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Cloudways Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
You should not engage in any SEO/spam link building techniques in order to generate more referrals for Cloudways.
You agree not to violate any applicable law.
You should be loyal to Cloudways and should not misuse its confidence and shall not damage its reputation.
You are required to disclose the affiliate relationship with Cloudways on your website.

If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

3. Affiliate Advertising

When advertising our services, you should use only promotional materials approved by Cloudways. Approved materials are only those we provide in your Affiliate Area or the ones that a Cloudways representative approves in writing. Approved materials may contain the Cloudways trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Cloudways. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your affiliate account, the limited, non-exclusive license to access and download promotional materials of Cloudways shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
Bidding on keywords and phrases containing the “Cloudways” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Cloudways Website(s) as display URL in PPC ads and to direct-link or redirect to the Cloudways Website(s) without our prior approval;
Using non-unique copyright infringing content to promote Cloudways;
Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
Using link cloaking or masking techniques or technology with the goal to promote Cloudways on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Clouways” trademark or any other variations or misspellings confusingly similar to Cloudways trademark, name, logo or domain name, without our prior approval;
Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.

Cloudways shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

4. Affiliate Tracking Cookies

We track affiliate sales automatically through the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 90 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Cloudways is not responsible for cookies intentionally deleted by users.

5. Affiliate Commissions

We shall pay you a per-sale commission for any valid sale you refer to Cloudways. For a valid sale ALL of the following are true:

The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
- At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Cloudways name;
- You claim that you have referred a customer no later than 45 days from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
The sale is for any of our web hosting plans. Sales for other services or additional account features do not qualify for commissions.
The referred customer has maintained an active account with a running server on our platform and that the user has not canceled the account subscription or churned out.
Sales of hosting accounts that are canceled by the customer or suspended by Cloudways for any reason do not qualify for an affiliate commission.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

6. Commission Payments

Cloudways shall pay all affiliate commissions based on the structure and in the US dollar currency unless a custom agreement exists in writing. The sale gets approved when the referred client has paid a minimum of 2 full invoices. When this happens, the status of your Sale commission changes from pending to approved in the affiliate panel. We shall pay:

– To affiliate before the 10th of each month through PayPal once their affiliate earnings reach $250 (approved commission) criteria.

– To affiliate before the 10th of each month through wire transfer once their affiliate earnings reach $1,000 (approved commission) criteria.

– In case affiliate is a paying customer at Cloudways, in that case, they can add commissions to Cloudways funds also. The minimum requirement for funds transfer is $100 approved commission. This is processed along with payouts.

We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

You are solely responsible for keeping all your information up to date including postal and email addresses, names, payment information and any other personal information that will impact our ability to process a commission payout.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

7. Invoicing

We shall provide you with a statement of commissions due in your Affiliate Area.

The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Cloudways that shall continue until termination of your Affiliate account.

8. Relationship of the Parties

Both Cloudways and the Affiliate agree that they enter into this Agreement as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of Cloudways. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

9. Account Termination

You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area. We will send you written confirmation that your account has been terminated.

Cloudways can terminate an affiliate account:

With a seven-day prior notice without explanation.
Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

10. Limitation of Liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

With a seven-day prior notice without explanation.
Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

11. Governing Law

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction of Malta.

12. Changes to the Affiliate Program Terms

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Cloudways. The current T&C is always available on the Cloudways website. Only a Cloudways officer may alter this T&C. No agent of, or person employed by or under contract with, Cloudways has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

Deprecation process & policy

Last Updated on November 21, 2022

Deprecation Policy

This document outlines the process for announcing deprecated features to customers and internal stakeholders. The guiding principle is to avoid surprises and guarantee long-term stability, so you should never run into anything unexpected while using the Cloudways Platform.

Definitions of key terms

Deprecated

When a feature is deprecated, it means it is not suggested for use and it will soon be retired, or sunset, from the Cloudways platform. When deprecated, the feature continues to be functional and supported until its retirement date although improvement requests are not prioritized.

A feature may be deprecated at any point of time. Customers will be informed via email about its deprecation and new activations may or may not stop at that point, depending on the availability of an alternative solution. When we deprecate a feature, we never deactivate existing subscriptions to avoid impact on the daily work life of our customers. We allow enough time before its end of life date.

Retired

Once a feature has reached the end of the deprecation phase, it is considered retired and is no longer available or supported for production use on the Cloudways platform. Depending on the nature of the feature, functionality may be removed entirely or existing customer accounts may be migrated automatically to a new functionality, if they haven’t done already. If alternative functionality is provided to replace the retired feature, users will be informed well in advance and they will have the opportunity to use newer functionality at their convenience prior to the retirement date.

End of Life

Is the point in time when a feature reaches its useful life. On that date we stop selling, supporting or maintaining a feature often in favor of a recently-developed and improved feature .

End of Service Life (optional)

May not always occur depending on the feature, but it’s another step towards removing a feature. When a feature is labeled as “Deprecated” we may announce a point in time when we will no longer provide customer or technical support (bug fixes). With that being said, customers may continue to use the feature as long as there is an active replacement feature to migrate to by the End of Life date.

Why does Cloudways deprecate Features

Our customers’ monthly subscriptions pay for continuous improvement of our platform and products. Innovation, of course brings change, and change can be hard – especially since Cloudways platform is an integral part of customers’ daily work life.

With this in mind, our goal is to minimize impact on their business with timely announcements, training, always-available Customer Support, and most importantly, an improved alternative to the deprecated functionality.

When does Cloudways deprecate features

Cloudways aims to deprecate features only when it is absolutely necessary. Most of the time, features are upgraded and optimized to provide enhanced or additional functionality.

However, in cases where the feature hasn’t managed to reach our customers expectations and attempts to improve its functionality have failed, it is necessary to deprecate and retire it completely. In such events, our goal is to provide as much advance notice as possible so customers can adequately prepare.

In addition to early communication, Cloudways will offer transition support to help customers adopt new features and functionality, or standard support once the feature is deprecated from the platform.

When should customers expect to be notified?

Excluding emergencies or insubstantial changes, Cloudways starts to communicate feature deprecation no later than 3 months prior to its end of life date, ideally 6 months before. Advance notices may be extended for higher impact features.

There are situations in which the deprecation timeline may be accelerated due to rare circumstances. In all cases, we aim at providing as much advance notice as possible. These situations include:

Essential changes, such as those needed to maintain the integrity and stability of the Cloudways platform for all customers.
When third party software integrated to the Cloudways platform is changed or no longer available.
When changes are required to protect data security and comply with legal requirements.

Note: Cloudways forges partnerships to deliver outstanding technology through seamless integrations. In some cases, because partners have their own release and communication schedules, Cloudways cannot guarantee advance notice of related features or integrated functionality.

How does Cloudways communicate feature deprecation?

Cloudways communicates feature deprecation to account administrators through a variety of channels to ensure that the message will reach impacted customers as early as possible.

Communication channels may include (but are not limited to) emails, in-application platform notifications, community announcements, blogs or knowledge base articles. Training announcements, customer success messaging such as email or phone may be included as found appropriate. When possible, “Deprecated” tags may appear next to the deprecated feature, inside the Cloudways platform.

Customers will receive multiple email reminders prior to the end of life of a deprecated feature. It may start approximately 3 months before the end of life, but then can be repeated multiple times up to 1 day before.

Beta Testing Policy

Last Updated on November 21, 2022

These Cloudways Beta Testing Terms (“Terms”) apply to and govern users participation in any or all of public or private beta testings (“Beta Test”) and use of Cloudways’s Beta Features (“Beta Features”). In order to participate in a Beta Test or use Beta Features, users must agree to these terms. We have provided abbreviated language to help you navigate some of the legal terms below.

1. Eligibility and Participation

We only allow invited customers to participate in Beta and require that customers be in good standing (e.g. up to date billing, not currently in suspension).

The Cloudways Terms of Service in addition to these terms apply to your use of Beta Features. That means that both agreements govern the Beta Features.

You may participate in a Beta Test and use Beta Features upon request and approval by Cloudways (“us” “Cloudways” “us” or “we’), and/ or by an open invitation from us in the case of a public beta. Only Customers in good standing may participate in a Beta Test and use Beta Features, subject to the Cloudways Terms of Service (the “Terms of Service”) and must remain so for the duration of these Terms. The Cloudways Terms of Service (including the Cloudways Privacy Policy, Cloudways Acceptable Use Policy, and Privacy Policy) are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply with regard to your use of the Cloudways Services, participation in a Beta Test, and use of any Beta Features. In the event that you are no longer a customer of Cloudways, your participation in the Beta Test and your use of all Beta Features will be terminated.

2. Beta Features

Beta Features may range from wholly new products to changes to existing product features. We’re giving you a license to use the Beta Features.

The Beta Features may be a separate, stand-alone service, accessible apart from the currently available Cloudways Services (as defined in the Terms of Service) or may be a feature or functionality for existing Cloudways Services. A description of the Beta Service may be provided prior to or at the time you use a Beta Service, or if we make changes to the Beta Service. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Features.

Beta features by their very nature are meant for testing, which means that they may not work as expected, may have errors, or may cause unintended behavior.

You understand that we’re not responsible for any issues or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Features By accepting these Terms or using the Beta Features, you understand and acknowledge that the Beta Features are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Features may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE Beta Features, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Features.

3. Feedback

We need your feedback to understand how to improve Beta Features. By participating in our Beta Tests, you agree to provide us feedback, and any feedback you provide belongs to Cloudways.

If we publish your feedback about the Beta, we’ll be sure to either not identify you, or will contact you to get your permission to use your name.

The Beta Features are made available to you for the purposes of evaluation and feedback without any obligation for compensation or reimbursement of any kind from Cloudways. It is at the discretion of Cloudways to offer or not something back as a token of appreciation. You acknowledge the importance of communication between you and Cloudways during your use of the Beta Features and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the Beta Test will be terminated, and your use of the applicable Beta Features will likewise be discontinued. As part of using the Beta Features, you will be asked to provide feedback regarding your use of the Beta Features. You acknowledge that Cloudways owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Beta Features and use that information to improve the Beta Features or our other products and services.

4. Intellectual Property

Cloudways owns all of the intellectual property involved with the Beta Features. This Agreement doesn’t give you a license to use our trademarks or brand features (you may have another agreement with Cloudways that gives you this type of permission). You are not permitted to reverse engineer or attempt to decipher any code except in situations as permitted by us.

You agree that we own all legal rights, title and interest in and to the Beta Test and the Beta Features, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Cloudways Services is granted.

Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Features and/or any other aspect of Cloudways technology, except as permitted by us.

5. Term and Termination

You can end this agreement by simply stopping use of the Beta Features and notifying Cloudways of your intention to no longer participate in the applicable Beta Test.

These terms will remain in effect for as long as you use the Beta Features. Either party may terminate these Terms before the end of your participation in the applicable Beta Test for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Beta Features.

These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Features, or participation in any other Beta Tests.

We can terminate or disable your use of the Beta Features at any time. Likewise, you can decide to stop using the Beta Features at any time. We may remove your access to features of the Beta Service at any time.

You understand that we’re not responsible for any issues or problems caused by the Beta Service. We have no obligation to provide any kind of support for the Beta Features

Modification and Termination

We reserve the right to modify or terminate the Beta Test or the Beta Features, or your use of the Beta Features, to limit or deny access to the Beta Features and/or participation in the Beta Test, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Features and/or your participation in the Beta Test at any time.

Survival

Sections 2,3, 4,5,6 8, will survive the expiration or termination of this Agreement.

6. Disclaimer of Warranties

We disclaim all warranties regarding the Beta Test and Beta Features. You acknowledge that using the Beta Features is at your own risk.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE Beta Features ARE PROVIDED BY Cloudways ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE Cloudways Beta Test OR Beta Features, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Cloudways EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cloudways MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES Cloudways MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cloudways OR THROUGH THE Beta Features SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability and Indemnification

You agree to hold harmless and indemnify Cloudways, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Beta testing Terms, (ii) your use of the Beta Features and/or your participation in the Beta Test(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Services.

8. Confidential Information

It’s extremely important that you not reveal the existence of the Beta Test or Beta Features to unauthorized people, and as such you are required to treat your participation as confidential. Sharing information about Beta Features will cause harm to us, and you acknowledge that such harm will occur if you fail to keep the Beta Features confidential.

You acknowledge and agree that: (i) the Beta Test and Beta Features constitute Confidential Information as defined in the Terms of Service (ii) you acknowledge that the successful market launch of commercial versions of the Beta Features requires you to keep all Cloudways data and information discussed and/or made available through or contained in Beta Test, including, without limitation, the Beta Features strictly confidential; (iii) the premature release of any of the Confidential Information would damage Cloudways’s competitive and intellectual property interests; and (iv) and information about the Beta Features shall not be shared with anyone other than other authorized users of the Beta Features, which may include users in your Cloudways Account.

DMCA Copyright Policy

Last Updated on November 21, 2022

Cloudways, Ltd. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed below.

Procedure for Reporting Copyright Infringement
The Company responds to copyright notifications submitted under the DMCA. Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a counter-notice.

If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Identification of works or materials being infringed; this includes, at a minimum and if applicable, the URL or IP address of the link shown on the site where such material may be found, as well as the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL or IP address of the link shown on the site where such reference or link may be found.
Contact information about the notifier including address, telephone number and, if available, e-mail address.
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; include this statement in the body of the notice: I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; include this statement in the body of the notice: I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Please contact the Designated Agent at [email protected] or at:
Cloudways, Ltd. Attn: Legal, 101 Avenue of the Americas, 10th Floor, New York, NY 10013

Consequences of Sending A DMCA Notice
The Company will review your notice for accuracy, validity, and completeness. If we find that it satisfies these requirements, we will forward the notice to the customer or user associated with the allegedly infringing material. If the person who posted the material believes that the notice is incorrect or that they have the right to use the material at issue, they may send a counter-notice under Section 512(g)(3) of the DMCA.

Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. So before you send a DMCA notice, make sure that you are the actual copyright holder (or are authorized to act on behalf of the owner), that you have a good-faith belief that the material you are identifying is actually infringing, and that you understand the repercussions of submitting a false claim.

Repeat Infringer Policy
Consistent with the requirements of the DMCA, the Company will terminate, in appropriate circumstances, the accounts of subscribers who repeatedly infringe the copyrights of others.

Trademark Notification Policy

Last Updated on November 21, 2022

If you are a trademark owner who believes that material being hosted by a Cloudways customer violates your trademark rights, you can send a notification of alleged infringement. To do so, please send a notice to the Designated Agent listed below that includes all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that has been allegedly infringed.
Identification of the trademark that is being infringed. If this is a registered trademark, you should include the registration information; if it is not a registered trademark, please provide a description or a copy of the trademark at issue.
Identification of the material you believe is infringing your trademark. This should include the URL where such material may be found (if one exists), and any other information (including IP address) that will enable us to locate that material.
Your contact information, including address, telephone number, and e-mail address.
A statement that you have a good faith belief that the material is not authorized by the trademark owner, its agent, or the law.
A statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the trademark owner.

Cloudways will review your notice for accuracy, validity, and completeness. If we find that it satisfies these requirements, we will forward the notice to the customer or user associated with the allegedly infringing material.

Please contact the Designated Agent at [email protected] or at:
Cloudways, Ltd., Attn: Legal, 101 Avenue of the Americas, 10th Floor, New York, NY 10013

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