Terms & Conditions

Last updated on September 07, 2016 15:17

Viaduct is a service operated by Viaduct Hosting Limited, a UK registered company (8514362). Registered at Unit 9 Winchester Place, North Street, Poole, Dorset. BH15 1NX. Viaduct Hosting Limited may be referred to as “we”, “us” or “the Company” throughout this document.

Viaduct offers a range of hosting services. These terms & conditions apply to all services offered by Viaduct and most of our services include a section below outlining any specific terms relevant to that service.

Items shown in italics and green (like this) do not form part of the terms & conditions but are added to help understand the reasoning behind some conditions.

  • “the Services” shall mean any service provided to the customer by Viaduct Hosting Limited.
  • “myViaduct” shall mean the Viaduct management portal which is provided to customers in order to manage their account. This is currently available at https://my.viaduct.io.
  • “the Viaduct Blog” is the authoritive source for updates and news from Viaduct Hosting Limited. This is currently available at https://blog.viaduct.io.
  • “an Account” refers to an individual user’s login to the myViaduct platform.

General Terms

  • You must be 13 years of age or over to have a Viaduct account.
  • You must be human. Accounts registered automatically by bots, scripts or otherwise will be terminated without notice.
  • Your account information must be up-to-date at all times. This includes your e-mail address as well any other information gathered during the signup process.
  • You understand and will not hold Viaduct Hosting Limited responsible for any loss or damage incurred to you or your business by using any Viaduct-provided service. This includes, but not limited to, loss of profits, goodwill, data or other intangible losses.
  • Viaduct Hosting Limited does not guarantee the service will meet your requirements, be available 100% of the time or be bug free. However, Viaduct Hosting Limited will take all reasonable steps to ensure the services are online in such a manner expected of a production hosting environment.
  • You are responsible for ensuring your login information is kept secure.
  • One legal entity may not maintain more than one (1) user account. Users may create organizations within their accounts that allow you to separate resources into different groups for billing purposes.
  • We reserve the right to remove any information which we consider to be unlawful, offensive, threatening, libellous, defamatory, pornographic or otherwise objectionable. In most cases, we will contact you first to request that you remove the content before we do.
  • We reserve the right to remove any information which violates the intellectual property of a third party. In most cases, we will contact you first to request that you remove the content before we do.
  • You may not use your account to send unsolicited e-mails or messages. We operate a strict no-spam policy and any account found to be sending these messages will be immediately terminated and may incur an administration charge of up to £500 + VAT. This charge is to cover the work involved in removing our IP addresses from any blacklists and/or ensuring other customer’s are not affected by the poor reputation gained from your activities.
  • Uploading of viruses to our service is forbidden and will result in the file being removed and possible account termination. However, we are sympathetic to users who upload an infected file by accident and will do our best to assist in these situations.
  • Any deliberate attempt to gain unauthorized access to any part of the Viaduct infrastructure (including, but not limited to, the myViaduct system) will result in immediate account termination.
  • Viaduct Hosting Limited’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the amount of revenue received by Viaduct Hosting Limited Limited from the customer in the month previous to the month in which the liability was incurred, but in no event shall exceed £500 for any one event or series of events.
  • The failure of Viaduct Hosting Limited to enforce any right or provision of these terms & conditions shall not constitute a waiver of such right or provision. The terms and conditions constitutes the entire agreement between you and Viaduct Hosting Limited and govern your use of the services, superseding any prior agreements between you and Viaduct Hosting Limited (including, but not limited to, any prior version of the terms and conditions).
  • These terms & conditions shall be governed by and construed in accordance with English law. Both parties agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the terms & conditions.
  • Viaduct Hosting Limited reserve the right to change these terms & conditions at any time. Any changes which we consider to be significant will be provided on our blog otherwise customers are responsible for viewing the latest terms & conditions at http://viaduct.io/legal/terms.

The Viaduct website, management interfaces and other designs are copyright © Viaduct Hosting Limited. All Rights Reserved.

The ownership of any data uploaded to the services remains unchanged. Viaduct Hosting Limited has no claim to any intellectual property which has been provided to it in order to allow it to provide its services.

Pricing, Payment and Cancellation Terms

Viaduct Hosting Limited reserve the right to change pricing at any time. Notice of this shall be provided on the Viaduct Blog (http://blog.viaduct.io). Customers can view the pricing for any of their services through the myViaduct interface.

The services are billed either in arrears (with payments taken on a maximum of once per month however this may be more frequent for high usage accounts) or by means of top-ups applied to accounts.

Some payments are subject to value added tax rate. Customers outside the EU do not pay VAT. All UK customers will have VAT added at the current UK VAT rate. Customers in the EU who are not using the services for business purposes will have VAT added at the rate of their country. Customers in the EU who are using the services for business purposes will not have VAT added. All prices quoted will be exclusive of any VAT. VAT will be added to invoices when a payment is taken from the account.

In some cases, you can stop incurring additional charges on your account by deleting the resource(s) from the myViaduct system.

If your account is in arrears and we are unable to take a payment, the following procedure will apply

  • We will e-mail you informing you that we were unable to take a payment. You will be e-mailed daily for upto 10 days.
  • After a minimum of 10 days, any resources on your Viaduct account will be suspended. This means they will no longer be publically available and you will not be able to manage them through the myViaduct system.
  • After a minimum of 40 days, any resources on your account will be deleted irrevocably.

You will receive an email each time a payment is taken from a card on your account.

Invoices and account activity can be downloaded and printed at any time through myViaduct.

Issuing a chargeback against any payments taken by us will result in an immediate suspension or cancellation of the services. If you need to dispute a charge, please contact us in the first instance so we can seek to resolve the issues.

Refund Policy

We will only issue refunds in cases where we have taken a payment in error. In exceptional circumstances, refunds are given at the discretion of the management

Specific terms for Viaduct Platform

This section refers to the Platform service which allows you to host your applications within our service.

  • Users may not attempt to run heavy load testing tools against our public web services as this may cause service issues for other users of the platform.
  • Users may not undertake any activity which may negatively impact the performance of the platform at as whole.
  • Any public IP addresses which are assigned to you by us, remain our property and may be changed providing at least 3 months notice. Viaduct Hosting Limited is allocated IP addresses directly from RIPE and we then assign them for customer use. While it’s very rare, we may need to change the IP addresses for some services. We recommend customers always use CNAME or ALIAS records for custom domains for this reason.
  • Viaduct Hosting Limited reserve the right to re-provision customer applications onto alternative hardware with no notice. This allows us to move application processes around to ensure your application remains online at all times.
  • Viaduct Hosting Limited may terminate any free of charge application which it determines to be inactive. Inactive applications are determined by number and pattern of HTTP requests received as well as other metrics including last login & deployment times.

Specific terms for Viaduct WebPush

This section refers to the WebPush service, which allows you to provide push notifications to web browsers and other web sockets clients.

  • There are no specific terms for this service.

Change History

This section outlines the changes which are made to this document.

  • 17/11/2014 - Added section regarding WebPush
  • 4/3/2014 - Original Document published