Who we are and what this covers
- Calibour Limited is registered in England and Wales, company number 17007176, at 17 King Edwards Road, Ruislip HA4 7AE. We and us mean Calibour.
- The Acceptable Use Policy and the Privacy Notice are part of these terms. If the three ever disagree, your order wins, then the Acceptable Use Policy, then these terms.
- Using a service means you accept these terms. Signing up for an organisation means you are confirming you can commit it.
Your account
- You need to be 16 or over, and the details you give us need to be accurate.
- Look after your credentials and turn on two-factor authentication. If you think someone else has got in, open a ticket straight away, or use the contact form if you are locked out.
- What happens on your account is your responsibility, including what your own users do.
- We can turn down an order.
What we provide
- We will run each service with reasonable skill and care.
- We may change a service. If a change makes it worse for you in a way that matters, you get 30 days of notice and can leave, and we will refund the unused part.
- Anything labelled beta or experimental comes with no uptime promise and might disappear. Do not run anything you care about on it, and please do not use any of our services where a failure could hurt someone.
- Uptime. We aim for 99.9% on each service across a calendar year. Miss it and you can claim a credit against what you paid for that service that year; open a ticket. Planned maintenance, trouble your own setup caused, and things outside our control are not downtime.
Your responsibilities
- Follow the Acceptable Use Policy, and make sure anyone using the service through you does too.
- Obey the law of England and Wales and the law where the service is hosted. Where they differ, the stricter one wins.
- Your content is yours to answer for, and you need the rights to it.
- Take your own backups. Ours exist so we can rebuild our systems, not yours, unless you have bought a backup service.
Paying and cancelling
- Charges are the ones in your order. Depending on the service and your account, we bill hourly, monthly or annually, in advance or in arrears. The prices we show include VAT.
- Services renew automatically at the price current at the time. Cancel before the renewal date to stop that; we remind you 14 days before an annual one, and tell you 30 days before any price rise.
- A third-party processor handles payment, so we never see your full card number.
- We will tell you if a payment fails. A service is suspended as soon as its invoice is overdue, so keep your details current.
- Once a service is delivered it is not refundable; domain fees especially, because the registry does not refund us either. None of this takes away a right the law gives you.
Domains
- Registry and ICANN rules apply as well, and they beat us on anything to do with the domain itself.
- Normally you are the registrant. A registration is not final until the registry says so, and we refund you if it fails.
- Registries insist on accurate registrant details and suspend domains where they are false. Renewals are down to you: we send reminders, but expiry and redemption run on the registry's clock and fees.
- Domains we hold for you. We can register a domain in our own name, so none of your personal data reaches a registry or a public WHOIS. Legally it is ours, in practice it is yours: you decide what it points at, and you can have it moved into your name whenever you want, including before the service ends.
- You can move a domain away from us whenever you like. We will not block it or charge you for it.
Suspension and ending a service
- We may suspend a service for a serious breach of the Acceptable Use Policy, content that looks unlawful, an overdue invoice, or a threat to the network or to another customer.
- Normally we warn you and give you a chance to fix it; when the risk is immediate we act first and explain straight after. We always use the least invasive option that solves the problem.
- You can end a service with 30 days of notice; we can with 60 and a refund of the unused part. Either of us can end one immediately over a serious breach not fixed within 14 days, or if the other goes insolvent.
- When a service ends we keep your data for 30 days so you can get it, then delete it, and we will help you move. Abuse cases live in the console: reply there to challenge one, and someone who was not part of the original decision comes back within 5 working days.
Your data and your content
- Your content stays yours. You are giving us permission to host and move it so that we can run the service, and nothing else.
- For your account and billing data we are the controller, and the Privacy Notice covers what we do with it.
- For personal data inside your content you are the controller and we are your processor: we act on your instructions, keep it secure, tell you within 72 hours of a breach, and delete it when the service ends. We can put a full Article 28 agreement in place where you need one.
- Our own site, software, documentation and brand stay ours.
Liability
- We do not limit what we owe you for death or injury caused by our negligence, for fraud, or for anything else the law will not let us limit. Rights the law gives you that cannot be signed away are untouched by anything here.
- We cannot promise a service will never go down. Clause 3.4 is your remedy when it does.
- We are not liable for lost profit, revenue, business, goodwill or savings, for knock-on losses, or for data you could have kept a copy of yourself.
- If someone brings a claim against us over your content or your breach of the Acceptable Use Policy, you cover us, provided we tell you promptly and let you run the defence.
- Neither of us is liable for things outside our reasonable control. If one drags on past 30 days, either of us can end the affected service and we will refund what was not provided.
Practical matters
- Changes. We give 30 days of notice for anything material, and you can leave before it lands. Typos and clarifications take effect when published. Open a ticket for an older version.
- Complaints. Open a ticket; if the answer does not fix it, say so and it gets escalated. We acknowledge within 2 working days and aim to be done within 20. Court is always open to you.
- We will not sell you to anyone. We may subcontract parts of a service but stay responsible to you. Calibour might change legal form, move country or reorganise between entities we own, and your service comes along unchanged. What we will not do is sell the business or your account to a new owner.
- The rest. We write to your account email; you write through the console, or by post to the address in clause 1.1. These terms plus the documents in clause 1.2 are the whole agreement. If a court strikes out part, the rest stands. Letting something slide once does not waive it. Nobody outside you and us can enforce these terms.
- Law. English law governs, and the courts of England and Wales have jurisdiction. Living elsewhere, you keep whatever protections your local law insists on and can bring a claim there. Local law where a service is hosted still applies to content; see the Acceptable Use Policy.