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Terms of Service

This policy was last updated on 10th April 2024.
By creating a PlutoNode account and using the services, You are deemed to have accepted these Terms of Service and any other legal policies. The terms “We”, “Our” or “Us” shall refer to PlutoNode LTD and any associated group companies/brands and “You”, “Your” or “Customer” shall be deemed as the person/company representative accepting these Terms of Service. These terms constitute a binding and enforceable legal agreement between PlutoNode and any associated group companies/brands and you.

1. Changes & Updates

[1.1] We reserve the right to, with or without notice, change or update these Terms of Service, the Privacy Policy, the Fair Use Policy, and any information relating to the services, from time to time, to comply with law or to meet our changing business requirements.

2. Age Condition & Authority

[2.1] You represent and warrant that by signing up to our services, you are at least eighteen (18) years of age or thirteen (13) years of age with consent from a legal adult.

[2.2] Alternatively, if you are purchasing services on behalf of a company/third party, you represent and warrant that you have the authority to do so, which in turn is bound by these Terms of Service.

3. Duration & Renewal of Services

[3.1] Unless otherwise specified, services are provided on a monthly basis. Services will automatically be renewed for further periods until cancelled.

[3.2] Automatic renewals are to ensure that You do not experience interruption or loss of services. Unless you turn-off the automatic renewal, your services will automatically be renewed for further periods.

4. Payments & Changes of Services

[4.1] All services must be paid for in advance, unless otherwise stated differently.

[4.2] All payments must be made in UK pounds sterling, inclusive of applicable taxes.

[4.3] PlutoNode will automatically generate an invoice in respect of the next period at the end of the current period unless you have cancelled your services.

[4.4] Payment will be taken via the chosen payment methods specified within the client area and will be non-refundable. In cases of failed payment, the invoice will be considered overdue and immediately payable.

[4.5] You are required to have a valid payment method registered to your account at all times. Failure to do so will result in restricted access to your account. If you cancel your payment method, you must update your account and provide details of a current valid payment method.

[4.6] PlutoNode reserves the right to change the prices and/or nature of our services by giving you 30 days written notice of those changes. Notice of changes to prices and/or services will be given by email to the email address we hold for your account. Any price change only becomes effective when the service reaches the end of its current term. You will be charged the new price when the service is automatically renewed at the end of the current term.

[4.7] We reserve the right to interrupt, cancel or suspend all services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to us under these terms until your contract is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by you.

[4.8] We reserve the right to pass your debt onto a third party debt recovery agent and you accept all liability for the recovery of our costs from you.

[4.9] If you withdraw any payments made via a bank, credit card or PayPal (a "chargeback"), we reserve the right to interrupt, suspend or cancel your services and/or charge a fee. Such action is without prejudice to our right to recover any and all outstanding sums from you and your obligation to pay the same to us.

5. Refunds

[5.1] All additional setup fees for services are strictly non-refundable.

[5.2] You are entitled to a full refund within 24 hours of initial purchase of the service(s).

[5.3] If you breach these terms, you will not be entitled to a refund, in the event of a cancellation/termination.

[5.4] Account credit can only be used for payment (or partial payment) of your Service, and is non-refundable.

[5.5] All Dedicated Server plans are non-refundable and are not covered by our 24 hour moneyback guarantee.

6. Cancellation

[6.1] PlutoNode will provide the services for the period stated on the order confirmation, which shall then automatically renew for further periods, subject to termination by you requesting cancellation prior to renewal.

[6.2] You may cancel your services with PlutoNode at any time by providing at least 72 hours notice prior to renewal.

[6.3] For Dedicated Server plans, you must provide at least 10 days notice prior to renewal. If this is not done, you will be charged at full renewal price.

[6.4] Once PlutoNode accepts your cancellation request, you will be provided with written confirmation of such request. For clarity, your cancellation request will not be deemed to have been received and accepted until we have issued our written confirmation to you.

[6.5] If you have an active subscription with us (through PayPal or any other payment method) then it is your responsibility to cancel this in addition to requesting a cancellation with us. We will not refund you if you are automatically billed (due to an active subscription) after cancellation.

[6.6] We reserve the right to cancel and/or withdraw your service at any time for any reason by providing you 30 days’ written notice.

[6.7] Without prejudice to its other rights and remedies, PlutoNode may, in its sole discretion, either permanently or temporarily suspend and/or terminate the services and will have no liability to provide the services if an event occurs and we deem it to be appropriate to terminate the Agreement.

7. Our Obligations

[7.1] We agree to provide the services to You in accordance with these terms.

[7.2] We will use reasonable endeavours to supply the services to you as soon as it is reasonably practicable and in the event that we become aware of any reason for delay, we shall notify you.

[7.3] We will not be liable to you if we, using our endeavours, fail to supply the services within a specific timescale.

[7.4] We reserve the right to improve, modify or change the services provided to You and we will use reasonable endeavours to notify you as soon as it is reasonably practicable to do so.

[7.5] We will provide the services to you using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use our reasonable endeavours to ensure that any disruption to the services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.

8. Your Obligations

[8.1] You agree to use the services in line with our policies. PlutoNode reserves the right to remove content from the services or suspend the services immediately where it reasonably suspects such content breaches the policies.

[8.2] You shall indemnify PlutoNode against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the policies.

[8.3] You agree that you are solely responsible for the use of your PlutoNode account and your use of the services, including any content that you submit.

[8.4] All services are intended for use by You only. Should you choose to resell, store or give away services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by all of our terms.

[8.5] You accept full responsibility for any purchases or modifications made within your Client Area by you or by third parties using your account password.

[8.6] You warrant that the contact information that you provide to us is correct, and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the services if we reasonably believe that the information you have supplied is inaccurate.

[8.7] You agree that you will immediately notify PlutoNode on becoming aware of any unauthorised use of all or any of the Services and/or your Client Area.

[8.8] PlutoNode reserves the right to terminate immediately, in its sole discretion, the services, if we deem that a customer is being abusive to Our staff. You will be responsible for any and all claims, losses, liabilities, damages, costs and expenses incurred.

9. Data

[9.1] You are responsible for ensuring that you maintain adequate and up to date back up copies of all of your data that you upload onto our servers.

[9.2] In the event of loss of or damage to your data arising out of your actions or actions undertaken on your behalf, we will not provide you with access to any data stored by us for archiving or backup procedures except at our sole discretion.

[9.3] In the event of loss of or damage to your data, howsoever caused, we, in no circumstances, will be liable to recover your data. We will not provide you with access to any data stored by us for the purposes of Our own platform stability and business continuity.

[9.4] You shall indemnify us and hold us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of your content, data or domains.

[9.5] You acknowledge and agree to our Privacy Policy in regards to the processing and storage of your personal data.

10. Governing Law & Policies

[10.1] Your rights and obligations under these terms shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

[10.2] This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

11. Enforcement

[11.1] We will determine, in our discretion, whether there has been a breach of this policy through your use of PlutoNode Services. When a breach of this policy has occurred, we may take action deemed appropriate by us.

[11.2] Such actions may include service suspension, a warning being issued, service termination, issue of legal proceedings against you, or disclosure of information to law enforcement authorities.

[11.3] We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

[11.4] PlutoNode has a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.

12. Partnership Terms

[12.1] All third parties who enter into partnerships and/or agreements with PlutoNode must abide by their individual partnership terms or contracts (if applicable).

[12.2] All third parties who enter into partnerships and/or agreements with PlutoNode may not cancel or terminate any partnership, without the prior approval of PlutoNode.

[12.3] Failure to meet agreements, expectations or negotiations made between you (the partner) and PlutoNode may result in a termination of partnership.

[12.4] PlutoNode reserves the right to terminate any partnership at any time, without prior notice, if deemed necessary.

[12.5] By entering into a partnership and/or agreement with PlutoNode, you accept these Terms of Service, for the duration of the partnership's existence.

[12.6] PlutoNode reserves the right to take further action (including legal action) against partners who violate these terms.

13. Privacy

[13.1] Your right to privacy is very important to PlutoNode. Please review our Privacy Policy for how we process, store and use personal data provided.

14. Fair Use Policy

[14.1] Whilst using our services you are expected to keep up to date with our Fair Use Policy, it is your responsibility to make sure you are up to date with this at all times.

Please send any legal enquiries to [email protected].
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