WELCOME TO VIDEOCLOUD
We invite you to access our website and use all the VIDEOCLOUD.COM products and services. Please note that your invitation is subject to your review and agreement with all of the terms of service and policies listed below. They describe in detail your rights and our rights relating to the VIDEOCLOUD.COM service. Please review these carefully.
- INFORMATION ABOUT US
We own and operate the website VIDEOCLOUD.COM. We are VIDEOCLOUD LTD, a company registered in England and Wales under company number 08241926 and with Our registered office at VIDEOCLOUD LTD, c|o BRADLEY INC, Monarch House, Queen Street, Leeds, United Kingdom, LS1 2TW. Our main trading address is also at Monarch House, Queen Street, Leeds, United Kingdom, LS1 2TW. We are a limited company.
- THE SERVICES
- Subject to all the terms and conditions of this agreement, we shall make the services available to you and grant you a personal, non- transferable terminable licence to use the services from the date that you agree to our terms and conditions until such time as, if ever, you forfeit or we terminate your right to use the services.
- You acknowledge and agree that we may establish general practices and policies concerning use of the services and we may change these practices and policies without notice and at our absolute discretion, including, without limitation in respect of;
A The maximum number of files that a user may upload through the services
B The maximum number of hours or days that a file will be stored by the services BEFORE IT IS DELETED FROM OUR SERVERS
C The maximum size of the files that a user may convert through the services
D The maximum number of third parties which a user may deliver material to via the services
E The maximum number of third parties who may access uploaded material via the services
F The distribution list of recipients to which a user proposes to deliver material to via the services
- YOUR STATUS
By placing an order through our site, you warrant that;
A You are legally capable of entering into binding contracts on behalf of yourself or your business [as applicable]
B You are at least 18 years old
C You have the financial means and resources to pay for all your usage
D You are the credit / debit card holder or have explicit permission from the card holder
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- To access the services, you need to sign up for an account, and provide your name, e-mail address, mobile telephone number and a password. You will also be asked to create a STRIPE.COM account for debit / credit card payments and /or a GOCARDLESS.COM account for direct debit payments in order that you may create a VIDEOCLOUD.COM package with us. As an additional security measure we will also send you a verification code via SMS.
- After placing an order, you will receive an e-mail[s] from us [and / or our payment provider] acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a service. All orders are subject to acceptance by us, and such acceptance will be confirmed to you by us sending you an e-mail that confirms that the offer to purchase the service has been accepted [order confirmation]. The contract between us [contract] will only be formed when you send an order confirmation.
- OUR STATUS
- We may provide links on our site to the websites and platforms of other companies, whether affiliated with us or not. We cannot give any undertaking that functionality, products and services which you use or purchase from third party providers / sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights as a consumer, you should take legal advice from a suitably qualified professional and it may also be advisable to contact your local trading standards or citizens advice bureau. We will notify you when a third party is involved in a transaction between us, and we may disclose your personal information related to that transaction to the third party seller.
- CONSUMER RIGHTS
- If you are contracting as a consumer, you may cancel a contract at any time withing seven working days, beginning on the date of the order confirmation.
- To cancel a contract, you must inform us in writing. If you continue to use the particular service which you purchased before the end of the seven day cooling off period referred to in clause 6.1 above, then you waive your right to cancel the contract for that service. This provision does not affect your other statutory rights as a consumer.
- AVAILABILITY OF SERVICES
We may, at our discretion, remove content, disable and / or terminate the accounts of users and / or deny access to users of our services who may, in our opinion, be infringing the intellectual property rights of others or us, or potentially exposing us to civil or criminal liability, or who are otherwise not complying with the acceptable use policy or any other terms and conditions of use.
- UPLOADED MATERIAL
- You will comply with the acceptable use policy in respect of the material you upload to the site and deliver via the services. You confirm that you are solely responsible for the material you upload and / or store with us and for ensuring you have all necessary consents for distribution and marketing activity of the material which you upload.
- While we try to ensure that the services are error free, we cannot guarantee that user files or converted files will not be deleted or lost, or that data and materials which you upload will be delivered and / or made available via the services. You acknowledge and agree that we will not be responsible for any failure of the services, including without limitation failure to store, convert or deliver a user file or uploaded material. You acknowledge and agree that we will not be responsible for the deletion of a user package, payment account, user file, converted file or uploaded material stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file, converted file or uploaded data or uploaded material. You bear full responsibility for archiving and backing up your user files and data and you accept sole liability for any lost or irrecoverable user files, data or material.
- YOU CONFIRM THAT YOU UNDERSTAND AND AGREE THAT UPLOADED MATERIAL WILL BE DELETED FROM OUR SERVERS AT THE END OF YOUR PACKAGE / SUBSCRIPTION PERIOD AND IN THE EVENT THAT, IN OUR OPINION, YOU HAVE BREACHED THESE TERMS AND CONDITIONS [INCLUDING THE TERMS CONTAINED IN THE DOCUMENTS REFERRED TO IN THESE TERMS AND CONDITIONS].
- PRICE AND PAYMENT
- The price of the services will be as quoted [in net terms] on our site from time to time, except in cases of obvious error.
- Prices advertised do not include sales tax where appropriate [or example UK VAT]. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
- Our site contains a large number of services and it is always possible that, despite our best efforts, some of the services listed on our site may be incorrectly priced. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before delivering the service, or reject your order and notify you that we are rejecting it.
- Payment for all services must be made by STRIPE.COM [debit and credit card], GOCARDLESS.COM [direct debit] or such other method as we shall notify you of from time to time. For ENTERPRISE customers we may offer / allow payment by BACS, CHAPS or international bank transfer. We currently do not accept payment by draft, cheque, cash, PayPal or escrow services.
- Streaming Prices advertised include free streaming bundles as follows: 1. Business : 10,000 views / minute / month [<10gb bandwith - £10 / extra 10,000 views / month] 2. Enterprise : 100,000 views per minute / month [<1tb bandwith - £100 / extra 100,000 views / month]. We reserve the right to charge appropriate additional fees (as outlined) to registered payment card or restrict / halt service if streaming limits exceeded without viable means of payment.
- OUR REFUNDS POLICY
- If you wish to cancel a service:
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase however these decisions are final and made at our sole discretion.
A Because you have cancelled the contract between us within the seven day cooling-off period [see clause 6.1 above], we will process the refund due to you as soon as possible and, in any case, within thirty days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the service in full.
B For any other reason [for instance, because you have notified us in accordance with clause 22 that you do not agree to change in these terms and conditions or in any of our policies, or because you consider that the service is defective], we will conduct an examination of the relevant service and, provided that we agree to a refund at our sole discretion, we will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, usually within thirty days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective service in full if it is our failing. All refund decisions are final and at our sole discretion.
- IN RESPECT OF SERVICES PROVIDED TO NON-CONSUMERS: The services are provided on an “as is” and “as available” basis. You use the services at your own risk. You acknowledge that we do not monitor the services [although we are entitled to do so]. To the maximum extent possible in law we do not provide and we exclude any warranty [whether express or implied] in relation to the services.
- IN RESPECT OF SERVICES PROVIDED TO CONSUMERS: We warrant to you that any service purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory job quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a BUSINESS or ENTERPRISE customer;
- Nothing in these terms and conditions limit or exclude our liability for:
A Death or personal injury caused by our negligence
B Fraud or fraudulent misrepresentation
C Breach of the terms implied by section 12 of the Sale of Goods Act 1979 [title and quiet possession]
D Defective products under the Consumer Protection Act 1987
- Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort [including negligence], breach of statutory duty, or
otherwise, arising under or in connection with the contract for:
A Any loss of profit, sales, business or revenue
B Loss or corruption of data, information or software
C Loss of business opportunity
D Loss of anticipated savings
E Loss of goodwill
F Any indirect or consequential loss
- Subject to clause 12.1 and clause 12.2 , our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort [including negligence], breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the services.
- Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes.
- Nothing in these terms and conditions limit or exclude our liability for:
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer;
- If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- We only supply the services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
A Death or personal injury caused by our negligence
B Fraud or fraudulent misrepresentation
C Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 [title and quiet possession]
D Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 [description, satisfactory quality, fitness for purpose and samples]
E Defective products under the Consumer Protection Act 1987
- IMPORT DUTY AND THIRD PARTY NETWORK CHARGES
If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. All UK orders are subject to VAT.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- You shall be responsible for any and all charges, including without limitation charges from mobile phone network providers and internet service providers, which a recipient may be subject to arising from your use of the services to deliver content to such a recipient.
- You shall be responsible for advising all your potential end-recipients that they may be subject to additional network, message or data charges relating to the delivery of your content.
- WRITTEN COMMUNICATIONS
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, change or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control [force majeure event].
- A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular [without limitation]
Strikes, lock-outs or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war [whether declared or not] or threat or preparation for war
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Impossibility of the use of public or private telecommunications networks
The acts, decrees, legislation, regulations or restrictions of any government
Pandemic or epidemic
- Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
- ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
- You acknowledge that, in entering into a contract, you do not rely on, or will have any remedies in respect of, any representation or warranty [whether made innocently or negligently] that is not set out in these terms and conditions or the documents referred to in them.
- You agree that your only liability in respect of those representations and warranties that are set out in this agreement [whether made innocently or negligently] will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS OF SUPPLY
- We have the right to revise and amend these terms and conditions from time to time at our sole discretion. We will endeavour to advise you of these changes but the responsibility for checking our terms lies with you as the customer.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority [in which case it will apply to orders previously placed by you], or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation [in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the services].
- THIRD PARTY RIGHTS
- LAW AND JURISDICTION
TERMS OF SUPPLY
This page [together with the documents / pages referred to on it] tells you the terms of supply on which we provide the services [services] listed from time to time on our website VIDEOCLOUD.COM to you. Please read these terms of supply as well as our BRADLEY INC group terms and conditions [BRADLEY.CO/legal] carefully and make sure that you understand them, before using the services on our site. You should understand that by using our services you agree to be bound by these terms of supply. Please note you will be required to check a button marked “I ACCEPT” [or similar] upon sign up to our services. This means you are accepting our terms of supply. Please understand that if you refuse to accept these terms of supply, you will not be able to use our services.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. If you are a consumer this condition does not affect your statutory rights.
All notices given by you to us must be given to VIDEOCLOUD LTD, c|o BRADLEY INC at Monarch House, Queen Street, Leeds, United Kingdom, LS1 2TW. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 or above. Notice will be deemed received and properly served immediately when posted on our website, twenty four hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the contracts [rights of third parties] act 1999.
Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation [including non-contractual disputes or claims] will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation [including non-contractual disputes or claims] will be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMS OF SUPPLY SPECIFIC TO USA CONSUMERS:
VIDEOCLOUD offers various text message programs to their subscribers. Consumers may enrol enrol in VIDEOTXT message alert programs via SMS. You will have an opportunity to confirm or decline the service via a reply to an initial text message you receive. By replying YES to this message received from 60888 you are confirming a subscription to the VIDEOTXT message program. You will not be enrolled in a distribution list when you subscribe to this service. Message frequency varies. The maximum number of VIDEOTXT’S a consumer will receive from a VIDEOCLOUD subscriber will be 1 message per day, [1msg/day].
VIDEOCLOUD does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. [Msg&DataRatesMayApply]. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. Participation in VIDEOTXT programs on the short code 60888 are standard rated [no premium content].
By providing your consent to participate in a VIDEOTXT program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Consumers can text message the VIDEOCLOUD short code of 60888 with a keyword to receive these services. VIDEOCLOUD reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and / or delays. You are responsible for managing the types of SMS or VIDEOTXT messages you receive. If you have any questions or need help, text HELP to 60888 or call the toll free number +13226888 or email firstname.lastname@example.org
To stop receiving text messages, text STOP to 60888. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive two  messages from VIDEOCLOUD asking you to confirm your level of un-subscription. Reply 1 to unsubscribe from a particular campaign, reply 2 to unsubscribe from the brand or organisation from whom the message originated or reply 3 to unsubscribe from all VIDEOCLOUD / VIDEOTXT campaigns. On receipt of this message you will receive one  final message to confirm you have been inactivated in our system according to your stated preferences. Following such confirmation message, no additional messages will be sent unless you re-activate your subscription. To stop receiving all messages from VIDEOCLOUD and our subscribers you may reply STOP ALL. No confirmation message will be sent to you.
United States Participating Carriers Include
ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, MetroPCS®, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile®, Thumb Cellular, United Wireless, US Cellular®, Verizon Wireless, Viaero Wireless, Virgin, WCC Additional carriers may be added. T-Mobile® is not liable for delayed or undelivered messages.
Canada Participating Carriers Include
Aliant Mobility, Bell Mobility, Fido, MTS, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile. Additional carriers may be added.