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Terms Of Service

These Terms of Service (the “Agreement”) are an agreement between powercloudhosting.com or “us” or “our”) and you (“User” or “you” or “your” or “client” or “customer”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by powercloudhosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Disclaimer
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorised and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorised to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

Contact Information

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file.

It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times.powercloudhosting.com is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.

If you need to verify or change your contact information, please update your contact information through the Power Cloud Hosting Client Portal. Providing false contact information of any kind may result in the termination of your account.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification.  We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts. We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.

In no event shall powercloudhosting.com be held liable for any lost or missing data or files resulting from a transfer to or from powercloudhosting.com. You are solely responsible for backing up your data in all circumstances.

Power Cloud Hosting Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Power Cloud Content”), are the proprietary property of Power Cloud Hosting or Power Cloud Hosting’s licencors. Power Cloud Hosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Power Cloud Hosting Content. Any use of Power Cloud Hosting Content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any Power Cloud Hosting Content. All rights to use Power Cloud Hosting Content that are not expressly granted in this Agreement are reserved by Power Cloud Hosting and Power Cloud Hosting’s licencors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Power Cloud Hosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations.  Power Cloud Hosting reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.

Solely for purposes of providing the Services, you hereby grant to Power Cloud Hosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Power Cloud Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Power Cloud Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Power Cloud Hosting’s computers, network hubs and points of presence or the Internet. Power Cloud Hosting does not monitor User Content. However, you acknowledge and agree that Power Cloud Hosting may, but is not obligated to, immediately take any corrective action in Power Cloud Hosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Power Cloud Hosting shall have no liability due to any corrective action that Power Cloud Hosting may take.

Third Party Products, Services & Providers

Power Cloud Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

Power Cloud Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Power Cloud Hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Power Cloud Hosting as Re-Seller or Licencor

Power Cloud Hosting may act as a re-seller or licencor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Power Cloud Hosting Products”). Power Cloud Hosting shall not be responsible for any changes in the Services that cause any Non-Power Cloud Hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Power Cloud Hosting Products, either sold, licensed or provided by Power Cloud Hosting to you will not be deemed a breach of Power Cloud Hosting’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Power Cloud Hosting Product are limited to those rights extended to you by the manufacturer of such Non-Power Cloud Hosting Product. You are entitled to use any Non-Power Cloud Hosting Product supplied by Power Cloud Hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Power Cloud Hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Power Cloud Hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Power Cloud Hosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and Power Cloud Hosting Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorised customer use. Power Cloud Hosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorised, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Power Cloud Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorised. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Power Cloud Hosting of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Power Cloud Hosting may clean-up your account for an additional fee.

Power Cloud Hosting reserves the right to migrate your account from one data centre to another in order to comply with applicable data centre policies, local law or for technical or other reasons without notice.

Compatibility with the Services

You agree to cooperate fully with Power Cloud Hosting in connection with Power Cloud Hosting’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Power Cloud Hosting is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Power Cloud Hosting to provide the Services, which may be changed by Power Cloud Hosting from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Power Cloud Hosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Multiple Accounts.

Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Auto Renewal.

Unless otherwise provided, you agree that until and unless you notify Power Cloud Hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes.

Listed fees for the Services include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Power Cloud Hosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment.

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Power Cloud Hosting may suspend or terminate your account and pursue the collection costs incurred by Power Cloud Hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Power Cloud Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments.

Domain renewal notices are provided as a courtesy reminder and Power Cloud Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Power Cloud Hosting may report any such misuse or fraudulent use, as determined in Power Cloud Hosting’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Power Cloud Hosting. If you have any questions concerning a charge on your account, our billing department via your client area directly for assistance.

30 Day Free Trial

Power Cloud Hosting offers a thirty (30) day free trial for Power Cloud Hosting’s hosting services only, if you are not completely satisfied with our hosting services and you terminate your account, using the cancellation process below, within thirty (30) days of signing up,  you will not be charged.

Only first-time accounts are eligible for the 30 day free trial. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible.

Cancellations and Refunds

Non-refundable Products and Services.

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Power Cloud Hosting’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process.

You may terminate or cancel the Services by giving Power Cloud Hosting written notice via the cancellation form provided in your client area. In such event:

(i) You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

(ii) Power Cloud Hosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” Power Cloud Hosting will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Domain Renewals.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Power Cloud Hosting’s Billing department via a support ticket created from Power Cloud Hosting Client Portal to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.K. Pounds and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Power Cloud Hosting is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

Power Cloud Hosting may terminate your access to the Services, in whole or in part, without notice in the event that:

(i) you fail to pay any fees due;

(ii) you violate this Agreement;

(iii) your conduct may harm Power Cloud Hosting or others or cause Power Cloud Hosting or others to incur liability, as determined by Power Cloud Hosting in our sole discretion; or

(iv) as otherwise specified in this Agreement. In such event, Power Cloud Hosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Power Cloud Hosting may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.

All use of hosting space provided by Power Cloud Hosting is subject to the terms of this Agreement and the Acceptable Use Policy. Hosting space may only be used for web files, active email and content of User Websites. Hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Power Cloud Hosting expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Power Cloud Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Power Cloud Hosting’s terms and conditions.

Bandwidth Usage.

Servers are not limited in their bandwidth allowance.

Price Change

Power Cloud Hosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Power Cloud Hosting through the user billing tool or through other methods of communication, including notices sent or posted by Power Cloud Hosting.

Coupons

All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability

IN NO EVENT WILL Power Cloud Hosting ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Power Cloud Hosting IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Power Cloud HOSTING’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Power Cloud Hosting FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HERE-UNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Power Cloud Hosting, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Independent Contractor

Power Cloud Hosting and User are independent contractors and nothing contained in this Agreement places Power Cloud Hosting and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the UK.

Disclaimer

Power Cloud Hosting shall not be responsible for any damages your business may suffer. Power Cloud Hosting makes no warranties of any kind, expressed or implied for the Services. Power Cloud Hosting disclaims any warranty of merchant-ability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Power Cloud Hosting or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. Power Cloud Hosting’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided to hosting accounts as a courtesy and may be modified or terminated at any time at Power Cloud Hosting’s sole discretion. Accounts larger than 20 GB or 100,000 inodes WILL NOT be included in nightly backups. Power Cloud Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Power Cloud Hosting’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, POWER CLOUD HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENCORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HERE-UNDER. POWER CLOUD HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENCORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. POWER CLOUD HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENCORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Power Cloud Hosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Changes to the Agreement or the Services

Power Cloud Hosting may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Power Cloud Hosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Power Cloud Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or Power Cloud Hosting to exercise any right or remedy here-under shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations here-under, without the prior written consent of Power Cloud Hosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Power Cloud Hosting may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights here-under, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations here-under.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Last Updated: 23/04/18