cnx.cloud
Terms & Conditions							May 2017


BACKGROUND:

This agreement applies as between you, the User of this Website and CNX Cloud Services Limited, the owner(s) of this Website (the “Agreement”).  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1.	Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:

“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“cnx.cloud”	means CNX Cloud Services Limited, a company registered in England and Wales under company number 10674244 whose registered office is at 71-75 Shelton Street, WC2H 9JQ, London, United Kingdom;
“Data”	means any data inputted by a User or with the User’s authority into the Website
“Service”
	means collectively any online facilities, tools, services or information that cnx.cloud makes available through the Website either now or in the future;
“Subscriber”	means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service
“System”	means any online communications infrastructure that cnx.cloud makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Website and is not employed by cnx.cloud and acting in the course of their employment; and
“Website”	means the website that you are currently using (www.cnx.cloud) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.	Intellectual Property
2.1	All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of cnx.cloud, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2	Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by cnx.cloud.
2.3	Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
2.4	Title to, and all intellectual property rights of data uploaded by Users remain the property of the Subscriber. However, access to the Subscriber’s data is contingent on full payment to cnx.cloud of all applicable monthly subscription fees when due.
3.	Payment
The Subscriber (“You” and “Your”) agrees to pay cnx.cloud (“Us” and “We”) the appropriate fees and taxes on receipt of an invoice. We reserve the right to suspend or terminate access to the Services for unpaid fees. Also:
3.1	Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
3.2	You authorize Us to store and continue billing your payment method (e.g. credit/debit card via Paypal) even after Your subscription has expired, to avoid interruptions in Your service and to facilitate easy payment for new services. We will continue invoicing until this Agreement is terminated by You in accordance with clause 14.
3.3	Taxes are calculated based on the billing information that you provide to us at the time of purchase.
You can find your invoices in “Account” under the cnx.cloud main menu on the Website.
4.	Access conditions
As a condition of this Agreement, when accessing and using the Service, Subscribers must:
4.1	not attempt to undermine the security or integrity of the Service, it’s computing systems or networks;
4.2	not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other user to use the Service or Website;
4.3	not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service are hosted;
4.4	not transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
5.	Preferential pricing or discounts
cnx.cloud may offer from time to time preferential pricing, discounts or promotions. Eligibility for such preferential pricing or discounts is conditional upon the Subscriber’s acceptance of the attached conditions which will be fully disclosed on our Website. Without prejudice to any other rights that we may have under this Agreement or at law, we reserve the right to issue revised invoices for the full (non-discounted) subscription fees due or suspend or terminate use of the Service in the event that any invoices are not paid in full per Clause 3 and/or we believe the conditions thereupon attached to the promotion are not being adhered to.
6.	Usage Limitations
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes. Any such limitations will be advised by cnx.cloud to the Subscriber as required.
7.	Privacy
We take your privacy very seriously. Use of the Website is governed by our Privacy policy which is incorporated into these terms and conditions by this reference.  CNX Cloud Services Limited will only use your personal information in accordance with the terms of our privacy policy. By using the Website you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms. To view the Privacy Policy, please click on the link above or refer to the Legal Section of our Website.
8.	Backup of Data
The Subscriber is responsible for maintaining copies of all data inputted into the Service. cnx.cloud adheres to its best practice policies and procedures to prevent data loss, including an offsite daily data back-up, but we expressly exclude liability for any loss of data irrespective of cause.
9.	Availability of the Website
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for purpose, accuracy of information, compatibility and satisfactory quality.
cnx.cloud accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
On occasions the Service or Website may be unavailable to permit maintenance or other development activity to take place. cnx.cloud will use reasonable endeavours to publish in advance details of such activity on the Website and to send affected Subscribers a notification email if it will take place during normal working hours (e.g. Monday-Friday 9am-5pm).
10.	Links to Other Websites
This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of cnx.cloud or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
11.	Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.cnx.cloud without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of cnx.cloud.  To find out more please contact us by email at accounts@cnx.cloud or by post addressed to Lauren Bull, Chief Financial Officer, 71-75 Shelton Street, WC2H 9JQ, London, United Kingdom.
12.	Disclaimers
12.1	cnx.cloud makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
12.2	No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
13.	Limitation of Liability
13.1	To the maximum extent permitted by law, cnx.cloud accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
13.2	Nothing in these terms and conditions excludes or restricts cnx.cloud’s liability for death or personal injury resulting from any negligence or fraud on the part of cnx.cloud.
13.3	If a Subscriber suffers a loss or damage as a result of cnx.cloud’s negligence or failure to comply with this Agreement, any claim by the Subscriber against us will be limited in respect of any one incident, or series of connected incidents, to the actual monthly subscription fees paid by the Subscriber in the previous 12 months.
13.4	If a Subscriber is not satisfied with the Service, the sole and exclusive remedy is to terminate this Agreement in accordance with Clause 14.
13.5	Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
14.	Termination
Access to the Website may be terminated in the following ways:
14.1		Trial policy
The Subscriber can evaluate the Service under the defined trial usage conditions, with no obligation to continue to use the Service beyond the initial 30 day trial period. If the Subscriber chooses to continue using the Service thereafter, they will be billed per our pricing details on the Website. If the Subscriber chooses not to continue using the Service, they may take a copy of their data prior to their last day of the trial. CNX will delete all data uploaded by Users during the trial within 30 days of the termination date.
14.2	No-fault termination
This Agreement will continue for the period covered by the subscription fees paid or payable under clause 3. At the end of each billing period this Agreement will automatically continue for another period of the same duration, unless either party terminates this Agreement by giving at least one month’s advance written notice. If you elect to terminate this Agreement by providing one month's’ advance written notice, you shall be liable to pay all relevant fees up to and including the day of termination of this Agreement.
14.3	Prepaid Subscriptions
cnx.cloud will not offer a refund for early cancellation of a prepaid subscription.
15.	Breach of contract
If the Subscriber breaches any of these terms and conditions and does not remedy the breach within 14 days of receiving notice of the breach if the breach is capable of being remedied; breaches any of these terms and conditions and the breach is not capable of being remedied (which includes without limitation any breach of clause 3); or the Subscriber’s business goes into liquidation or becomes subject to any similar insolvency event in any jurisdiction, cnx.cloud may suspend or terminate access to the Service for a definite or indefinite period of time, at its sole discretion.
For the avoidance of doubt, if payment of any invoice is not made in accordance with the requirements set out in the Clause 3, CNX may suspend or terminate use of the Service.
16.	No Waiver
In the event that any party to this Agreement fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17.	Previous Terms and Conditions
In the event of any conflict between this Agreement and any prior versions thereof, the provisions of this Agreement shall prevail unless it is expressly stated otherwise.
18.	Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to accounts@cnx.cloud.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19.	Law and Jurisdiction
These terms and conditions and the relationship between you and CNX Cloud Services Limited shall be governed by and construed in accordance with the Law of England and Wales and cnx.cloud and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.




                                                

cnx.cloud
Privacy Policy								May 2017


BACKGROUND:

This Policy applies as between you, the User of this Web Site and CNX Cloud Services Limited the owner and provider of this Web Site.  This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

1.	Definitions and Interpretation
In this Policy the following terms shall have the following meanings:

“Account”	means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Cookie”	means a small text file placed on your computer by cnx.cloud when you visit certain parts of this Web Site.  This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site.  Where e-commerce facilities are provided, Cookies may be used to store your Shopping Cart.  Further details are contained in Clause 10 of this Policy;
“Data”	means collectively all information that you submit to the Web Site.  This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
“cnx.cloud”	means CNX Cloud Services Limited, a company registered in England and Wales under company number 10674244, whose registered office is at  71-75 Shelton Street, WC2H 9JQ, London, United Kingdom;
“Service”	means collectively any online facilities, tools, services or information that cnx.cloud makes available through the Web Site either now or in the future;
“System”	means any online communications infrastructure that cnx.cloud makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Web Site and is not employed by CNX Cloud Services Limited and acting in the course of their employment; and
“Web Site”	means the website that you are currently using (www.cnx.cloud) and any sub-domains of this site unless expressly excluded by their own terms and conditions.


2.	Data Collected
Without limitation, any of the following Data may be collected:
2.1	name;
2.2	date of birth;
2.3	gender;
2.4	job title;
2.5	profession;
2.6	contact information such as email addresses, home and business addresses and telephone numbers;
2.7	demographic information such as post code, preferences and interests;
2.8	personal information such as national insurance number and remuneration details
2.9	IP address (automatically collected);
2.10	web browser type and version (automatically collected);
2.11	operating system;
2.12	a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
2.13	Cookie information (see Clause 10 below).


3.	Our Use of Data
3.1	Any personal Data you submit will be retained by cnx.cloud for as long as you use the Services and Systems provided on the Web Site.  Data that you may submit through any communications System that we may provide may be retained for a longer period of up to 3 years.
3.2	Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties.
3.3	All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.  For more details on security, see Clause 9 below.
3.4	Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site.  Specifically, Data may be used by us for the following reasons:
3.4.1	internal record keeping;
3.4.2	improvement of our products / services;
3.4.3	transmission by email of promotional materials that may be of interest to you;
3.4.4	contact for market research purposes which may be done using email, telephone, fax, mail or social media.  Such information may be used to customise or update the Web Site.

4.	Third Party Web Sites and Services
cnx.cloud may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing.  The providers of such services do not have access to certain personal Data provided by Users of this Web Site.  Any Data used by such parties is used only to the extent required by them to perform the services that cnx.cloud requests.  Any use for other purposes is strictly prohibited.  Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

5.	Changes of Business Ownership and Control
5.1	cnx.cloud may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties.  Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2	In the event that any Data submitted by Users will be transferred in such a manner, you will not be contacted in advance and informed of the changes.  When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.

6.	Controlling Access to your Data
6.1	Wherever you are required to submit Data, you will be given options to restrict our use of that Data.  This may include the following:
6.1.1	use of Data for direct marketing purposes; and
6.1.2	sharing Data with third parties.

7.	Your Right to Withhold Information
7.1	You may access certain areas of the Web Site without providing any Data at all.  However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
7.2	You may restrict your internet browser’s use of Cookies.  For more information see Clause 10 below.

8.	Accessing your own Data
8.1	You may access your Account at any time to view or amend the Data.  You may need to modify or update your Data if your circumstances change.  Additional Data as to your marketing preferences may also be stored and you may change this at any time.
8.2	You have the right to ask for a copy of your personal Data on payment of a small fee.

9.	Security
9.1	Data security is of great importance to cnx.cloud and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online. Every interaction is encrytped via SHA-2 SSL.
9.2	Specifically we utilise the following systems:
9.2.1	McAfee Secure Anti-Malware
9.2.2   Cloudflare Web Application Firewall
9.2.3   Cloudflare 256-bit SSL/TLS 1.3 encryption Certificate
9.2.4   Godaddy 256-bit SSL encryption Certificate


10.	Cookies
10.1	cnx.cloud may set and access Cookies on your computer.  Cookies that may be placed on your computer by cnx.cloud will always be named including our URL.  All Cookies used by the Web Site are used in accordance with the provisions of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.    cnx.cloud has carefully chosen these Cookies and uses them to facilitate certain functions and features of the Web Site.  We also use Cookies for analytics purposes.  These Cookies track your movements and activities on the Web Site and are designed to give us a better understanding of our users, thus enabling us to improve the Web Site and our services.
10.2	Before the Web Site sets Cookies on your computer, you will be presented with a pop-up message requesting your consent to set those Cookies.  None of the Cookies set by the Web Site jeopardise your privacy in any way and no personal data is collected.  By giving your consent to the setting of our Cookies you are enabling us to provide the best possible experience and service to you through our Web Site.  If you wish to deny your consent to the placing of Cookies, certain features of the Web Site may not function fully or as intended.
10.3	You can choose to enable or disable Cookies in your web browser.  By default, your browser will accept Cookies, however this can be altered.  For further details please consult the help menu in your browser.  Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
10.4	You may delete Cookies at any time however you may lose any information that enables you to access the Web Site more quickly.
10.5	It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.

11.	Changes to this Policy
cnx.cloud reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.


                                                

cnx.cloud
Copyright Notice								May 2017


This website and its content is copyright of CNX CLOUD SERVICES LIMITED - © CNX CLOUDSERVICES LIMITED 2017. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

•	you may print or download to a local hard disk extracts for your personal and non-commercial use only
•	you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.