CONTRACT FOR USE OF CUBIST CLOUD LTD SERVICES
This Contract for Use of Cubist Cloud Services (“Agreement”) is entered into by and between Cubist Cloud (“Service Provider”) and the undersigned client (“Client”). This Agreement sets forth the terms and conditions under which Service Provider will provide access to its online SAAS program to Client.
- Scope of Services.
Service Provider will provide Client with access to its online SAAS program (“Cubist Cloud”), which allows Client to manage its inventory, contacts, sales, exhibitions, and fairs. The program may also include the ability to send emails using custom templates and connect directly to a WordPress website to manage website data. Service Provider may, from time to time, add, modify, or remove features of Cubist Cloud in its sole discretion. - Fees and Payment.
Client shall pay the fees specified on the Cubist Cloud website. Service Provider may change the fees at any time upon notice to Client. Fees are non-refundable, except as otherwise provided in this Agreement.
- Term and Termination.
This Agreement shall remain in effect until terminated by either party. Either party may terminate this Agreement upon notice to the other party. A notice period of minimum 60 days should be provided. Upon termination, Client’s access to Cubist Cloud shall be immediately terminated on the agreed date. - Confidentiality.
Client acknowledges that Cubist Cloud and all related information are confidential and proprietary to Service Provider. Client shall not disclose any such information to any third party without Service Provider’s prior written consent.
Service Provider acknowledges that all data relating to Client, stored within Cubist Cloud, will not be disclosed, or shared with any third party without Client’s prior written consent. - Intellectual Property.
Service Provider retains all rights, title, and interest in and to Cubist Cloud and all related intellectual property. Client acknowledges that it has no ownership interest in Cubist Cloud or any related intellectual property, and that this Agreement does not grant Client any license or right to use or access any of Service Provider’s intellectual property, except as expressly provided in this Agreement. Client agrees to promptly notify Service Provider of any actual or suspected infringement of Service Provider’s intellectual property that comes to Client’s attention. - Disclaimer of Warranties.
Service Provider makes no representations or warranties with respect to Cubist Cloud, including but not limited to its quality, accuracy, completeness, or fitness for a particular purpose. Service Provider does not warrant that Cubist Cloud will be error-free, uninterrupted, or free from unauthorised access or hacking. - Limitation of Liability.
Service Provider shall not be liable to Client for any indirect, special, incidental, or consequential damages arising out of or in connection with this Agreement, even if Service Provider has been advised of the possibility of such damages. Service Provider’s total liability under this Agreement shall not exceed the fees paid by Client during the three (3) month period preceding the event giving rise to the claim. - Indemnification.
Client agrees to indemnify, defend, and hold harmless Service Provider and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) Client’s use of Cubist Cloud, (b) Client’s breach of this Agreement, (c) any content or material uploaded to or transmitted through Cubist Cloud by Client, or (d) any claim that Client’s use of Cubist Cloud infringes any third party’s intellectual property rights. - Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with this Agreement shall be resolved by the courts of England and Wales. - Entire Agreement.
This Agreement constitutes the entire agreement between Service Provider and Client with respect to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, understandings, and agreements, whether written or oral, between the parties regarding such subject matter. This Agreement may not be amended except in writing signed by both parties. - Notices.
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given (a) when delivered personally, (b) on the third business day after mailing, or (c) on the day of transmission if sent by email, provided that the sender receives a confirmation of receipt. Notices to Service Provider shall be sent to the address attached to the header of this agreement, or to such other address as Service Provider may specify in writing. Email notices shall be sent to accounts@cubist.cloud. Notices to Client shall be sent to the email address provided by Client when registering for Cubist Cloud. - Assignment.
Client may not assign this Agreement, in whole or in part, without Service Provider’s prior written consent. Service Provider may assign this Agreement without Client’s consent. - Waiver.
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach. - Severability.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
30-day Trial Terms
Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using the Cubist Clouds 30-Day Free Trial (“Service”) operated by Cubist Clouds (“us”, “we”, or “our”).
1. Agreement to Terms
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
2. Description of Service
Cubist Clouds offers a 30-day free trial of its cloud services to eligible users. During this trial period, users will have unrestricted access to the full benefits of the Cubist Clouds system.
3. Eligibility
The free trial is available to new users who have not previously subscribed to Cubist Clouds services. Only one 30-day free trial can be completed per company or user.
4. Registration
To access the free trial, users must complete the registration process, providing accurate and complete information. Users are responsible for maintaining the confidentiality of their account and password.
5. Use of Service
During the 30-day free trial, users are granted temporary access to the Cubist Clouds system for evaluation purposes only. Users may not use the Service for any unlawful or unauthorized purpose.
6. Limitations
The free trial is provided “as is” with no warranties, express or implied. Cubist Clouds reserves the right to modify or terminate the free trial at any time without notice.
7. Data Privacy
Cubist Clouds collects and processes personal data in accordance with its Privacy Policy. By using the Service, you consent to such collection and processing.
8. Intellectual Property
All content and materials provided as part of the Service are the property of Cubist Clouds and are protected by copyright and other intellectual property laws.
9. Limitation of Liability
Cubist Clouds shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service.
10. Governing Law
These Terms shall be governed by and construed in accordance with the llaws of England and Wales, without regard to its conflict of law provisions.
11. Changes to Terms
Cubist Clouds reserves the right to update or change these Terms at any time. Your continued use of the Service after any such modifications constitutes acceptance of the new Terms.
12. Contact Us
If you have any questions about these Terms, please contact us.