PHCLOUD HAS BEEN UPDATED TO VERSION 7.9.3 17th Sept 2024 For details on any enhancements that have been made >>>CLICK HERE AGREEMENT TO TERMS By subscribing to PHCloud (the Service) you are agreeing to the following terms and conditions as laid down by Roeville Reservation Software (Roeville) and which are construed in accordance with the laws of the United Kingdom applicable to agreements made and to be entirely performed within the United Kingdom without regard to its conflict of law principles. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 1. Account Terms + By using this service you warrant that you are: A minimum of 18 years of age and are NOT a third party service or automated “bot” You warrant that you have provided accurate and valid information during the sign-up process and you agree to use the Service for lawful purposes and will not violate any laws in your jurisdiction, including but not limited to any copyright laws. You are prohibited from violating, or attempting to violate, the security of the Service. While using PHCloud you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any PHCloud customer, employee, member, or official. You must not attempt to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Roeville's express written permission. You understand that PHCloud uses third party hosting and technology partners to provide the necessary hardware, software, mapping, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Roeville, we reserve the right to limit your bandwidth to the Service. 2. Payments, Refunds, Upgrading and Downgrading + After the initial Free Trial Period, payment for using the PHCloud Service is collected by Direct Debit for users within the United Kingdom and certain Euro Zone countries. We use the Go-Cardless automated Direct Debit handling platform and your designated Bank will show payments to “Roeville PHCloud”. The Direct Debits will be taken monthly on the anniversary of sign-up to the service and are non-refundable. If you upgrade or downgrade your subscriptions then the new rate will apply from the start of the next billing period. To prevent abuse of this feature we only allow one automated upgrade/downgrade change per month. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Roeville does not accept any liability for such loss. The free trial will begin the day the account is opened and will end at the earlier of: When 50 bookings have been created; or When 14 days have passed In order to continue using the Service after the Free Trial Period you will need to accept the Go Cardless link provided on sign up and agree to the charging rate determined by your selected configuration and provide details of the bank from which you wish the funds to be debited. PHCloud accounts can be cancelled from within the app by the user at any time by completing the cancellation process. This will mean: Your account will be deactivated and can no longer be accessed; The next Direct Debit will not be taken provided the cancellation is made within five working days of the next payment date; All of your rights granted under these Terms will immediately come to an end; and After a 30 day grace period, all of your data and content will be deleted from our servers. We provide no guarantee that your content can be recovered once your account has been cancelled and the 30 day grace period has passed. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is downloaded to your own computer before cancellation. Roeville has a policy of continuous product development and reserves the right to modify or remove parts the Service at any time. We will introduce into the Service improvements and new features from time to time, some of which will be made immediately available at no cost to you. Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Roeville. Such notice may be provided by posting the changes to the Site or the Service itself. Roeville shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 3. Copyright + You acknowledge that the Service is licensed to you and that Roeville retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Roevilles’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Roeville (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Roeville claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership. 4. Disclaimers + Roeville is not responsible for any incorrect or inaccurate content posted on the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Roeville assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Roeville is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service. Roeville does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and Roeville disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Roeville cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Roeville or any of Roeville’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Roeville has been advised of the possibility of such damages. 5. Indemnity + You agree to indemnify and hold Roeville, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party. 6. General Terms + These Terms shall be governed by the laws of the United Kingdom, and you submit to the exclusive jurisdiction of the United Kingdom courts for any matter or dispute arising in relation to these Terms. 7. Fair Use Policy + Where your usage exceeds Roeville's anticipated fair use norms for your business, Roeville may limit or suspend the Service. Your prolonged over usage may result in Roeville either terminating your account or requesting that you forecast and pay for additional usage over and above anticipated fair use norms. Roeville reserves the right to determine fair use norms in each instance and enforce this policy in its sole discretion. CONTACT US In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Roeville Computer Systems Ltd Station House, East Lane, Doncaster, DN7 5HF United Kingdom Phone: +44 1302841333 support@roeville.com