1.1 Lucid Cloud Platform (“LCP”, “we”, “us” or “our”) is a trading name of Lucid Solutions Group Ltd, a company registered in England and Wales under company number 12368763, with its registered office at International House, 64 Nile Street, London, N1 7SR, United Kingdom. Our VAT number is GB 421 2099 32. The address above is our registered office, provided for legal and identification purposes. We do not accept postal correspondence. Please contact us through your control panel or our support team.

1.2 These Terms and Conditions (“Terms”) govern your purchase and use of our hosting, domain, email, security and related services (together, the “Services”) and your use of our website at lucidcloudplatform.com and our control panel at my.lucidcloudplatform.com.

1.3 By placing an order, opening an account, or using any Service, you agree to be bound by these Terms, together with our Acceptable Use Policy, Service Level Agreement, Refund and Cancellation Policy, Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. If any conflict arises, these Terms take precedence, followed by any product-specific terms shown at the point of order.

1.4 If you do not agree with these Terms, you must not order or use the Services.

• “Account” means the account you hold with us to order and manage Services.
• “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
• “Content” means any data, software, code, text, images, email or other material that you or your users store, transmit or process using the Services.
• “Order” means your request to purchase a Service, placed through our website or control panel.
• “Services” means the products and services we provide, as described at the point of order, including shared hosting, WordPress hosting, managed cloud, virtual private servers, SSL certificates, domain name registration, email and associated add-ons.
• “Subscription Period” means the billing term you select for a Service (for example monthly or annually).

3.1 To order, you must be at least 18 years old and able to enter into a legally binding contract. Where you order on behalf of an organisation, you confirm you are authorised to bind that organisation, and “you” means both you and that organisation.

3.2 You are responsible for keeping your Account details, login credentials and contact information accurate and up to date, and for all activity that takes place under your Account. You must keep your credentials confidential and tell us without delay if you suspect any unauthorised access.

3.3 We may refuse an Order, or require identity or payment verification, at our reasonable discretion, for example to prevent fraud or abuse.

4.1 The specification, resources and features of each Service are described on our website and at the point of order. Where a Service is described as having “unlimited” or “unmetered” resources, this is subject to fair use as set out in the Acceptable Use Policy.

4.2 We provide the Services with reasonable skill and care. Availability targets and service credits for eligible Services are set out in the Service Level Agreement.

4.3 We may improve, modify or update the Services from time to time. If we make a change that materially reduces a core feature of a Service you are paying for, we will give you reasonable prior notice, and you may cancel the affected Service and receive a pro rata refund of any fees paid in advance for the unused period, in line with the Refund and Cancellation Policy.

4.4 We may retire a Service. Where we do, we will give you at least 30 days’ notice and, where practicable, offer a comparable alternative or migration path.

5.1 Each Service starts when we confirm your Order and provision the Service, and continues for the Subscription Period you selected.

5.2 Automatic renewal. To avoid interruption, Services renew automatically at the end of each Subscription Period for a further period of the same length, at our then current price, unless you cancel before the renewal date. We will send a renewal reminder to your Account email before each renewal.

5.3 You can turn off automatic renewal, or cancel a Service, at any time through the control panel or by raising a support ticket. Cancellation takes effect at the end of the current Subscription Period unless you are exercising a statutory or money-back right under the Refund and Cancellation Policy.

5.4 Domain names renew separately and are subject to clause 11.

6.1 The fees for each Service are shown at the point of order. Unless stated otherwise, prices are shown exclusive of VAT, and VAT is added at the applicable rate.

6.2 You authorise us, and our payment providers, to charge your chosen payment method for the initial fee and for each automatic renewal, until you cancel or remove the payment method.

6.3 If a payment fails or is not received by the due date, we may send reminders and may suspend or restrict the affected Service. We may charge reasonable costs of recovering overdue amounts as permitted by law. Where you are a business, we may claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

6.4 Price changes. We may change our prices. Any change to the price of a Service you already hold takes effect from your next renewal, and we will give you reasonable notice before that renewal so you can decide whether to continue.

6.5 Except where a refund applies under clause 10 or the Refund and Cancellation Policy, fees are non-refundable.

6.6 Payment methods.

• (a) Card (all customers): we accept debit and credit card payments, processed securely by our payment provider. Card details are handled by the provider, not stored by us.
• (b) Direct Debit (business customers only): available by Direct Debit through our Direct Debit provider, under the Direct Debit Guarantee. We may require this for recurring business accounts.
• (c) Bank transfer (business customers only): available on request for business accounts, subject to cleared funds being received before a Service is provisioned or renewed.

We may decline, withdraw or set conditions on any payment method, for example where a payment is reversed, disputed or fails.

Usage above a plan’s included allowance is charged at the rates published on our website; see the Acceptable Use Policy.

7.1 You must use the Services only in accordance with these Terms and the Acceptable Use Policy. The Acceptable Use Policy sets out prohibited activities, fair use and resource limits, and how we handle abuse, security incidents and copyright complaints.

7.2 You are solely responsible for your Content and for the accounts, websites, applications and end users you operate using the Services. You must ensure your Content and its use comply with all applicable laws and do not infringe the rights of others.

7.3 You are responsible for keeping your own software, applications, plugins, themes and code updated and secure. We are not responsible for vulnerabilities introduced by software you install or configure.

8.1 You retain ownership of your Content. You grant us the limited right to host, copy, transmit and process your Content only to the extent needed to provide and support the Services, to comply with the law, or to enforce these Terms.

8.2 Backups. You are responsible for maintaining your own independent backups of your Content. Where we provide a backup feature, it is offered as a convenience and on a reasonable efforts basis. We are not liable for any loss or corruption of Content, and you should not rely on our backups as your only copy.

8.3 We process personal data in line with our Privacy Policy and, where we act as a processor of personal data contained in your Content, in line with our data processing terms. See clause 15.

9.1 We may suspend or restrict a Service immediately where:

• (a) you materially breach these Terms or the Acceptable Use Policy;
• (b) payment is overdue;
• (c) we reasonably believe the Service is being used unlawfully, or in a way that risks harm to our network, other customers, or third parties;
• (d) we are required to do so by law or by a competent authority; or
• (e) there is a security incident or suspected compromise that we need to contain.

9.2 Where it is reasonable and lawful to do so, we will give you notice and an opportunity to fix the problem before suspending. Where the risk is urgent (for example active abuse, a security threat, or a legal order), we may act first and notify you afterwards.

9.3 Either party may terminate a Service by giving notice before its next renewal. We may terminate for cause with immediate effect where you commit a serious or repeated breach that you have not remedied.

9.4 On termination or expiry: your right to use the affected Service ends; any fees owed up to the termination date become payable; and, after a grace period set out in the Refund and Cancellation Policy, we may delete the Content associated with that Service. You are responsible for exporting your Content before deletion.

10.1 If you are a Consumer, you have a statutory right to cancel most Services within 14 days of ordering, subject to the conditions in the Refund and Cancellation Policy. Because hosting begins immediately, if you ask us to start the Service within the cancellation period, you may be charged for what you have used up to the point you cancel.

10.2 We also offer a money-back guarantee on eligible shared and WordPress hosting plans, and set out non-refundable items (such as domain registrations and issued SSL certificates), in the Refund and Cancellation Policy.

11.1 When you register, transfer or renew a domain name through us, you also agree to the rules of the relevant domain registry and registrar, including the Nominet Terms and Conditions for .uk domains and the ICANN policies for generic top level domains. You are responsible for complying with those rules.

11.2 Domain registration is only complete once the registry confirms it. We cannot guarantee that a requested domain will be available or successfully registered.

11.3 You are responsible for renewing your domains on time. Domains that are not renewed may be suspended, deleted or made available to others by the registry, and restoration (where possible) may incur registry fees. Domain fees are non-refundable once the domain is registered or renewed.

11.4 You are responsible for keeping your domain registrant contact details accurate, as required by registry rules.

12.1 SSL certificates are issued by third-party certificate authorities and are subject to the issuing authority’s terms and validation requirements. You must provide accurate validation information and respond to validation requests.

12.2 Once an SSL certificate has been issued, its fee is non-refundable, as set out in the Refund and Cancellation Policy.

13.1 The Services may let you install or use third-party or open-source software (for example one-click applications, content management systems, plugins and themes). That software is licensed to you by its owner under its own licence terms, not by us.

13.2 We do not warrant third-party software and are not responsible for its performance, security or licensing. You are responsible for complying with the applicable licence terms and for keeping that software updated.

14.1 We and our licensors own all intellectual property rights in the Services, our website, our control panel and our own materials. Nothing in these Terms transfers those rights to you. We grant you a non-exclusive, non-transferable right to use the Services for their intended purpose during the term.

14.2 You own or are licensed to use your Content, and you are responsible for ensuring you have the rights needed to use it with the Services.

15.1 We are the data controller for the personal data we collect to operate your Account and provide the Services, and we process it in line with our Privacy Policy.

15.2 Where your Content includes personal data for which you are the controller and we act as your processor (for example personal data your website collects from your own users), we process that personal data on your documented instructions and in line with our data processing terms, which meet the requirements of Article 28 of the UK GDPR.

15.3 Personal data may be processed on infrastructure located in the United Kingdom and the United States. Where personal data is transferred outside the United Kingdom, we put in place appropriate safeguards, such as the UK International Data Transfer Agreement or Addendum. See the Privacy Policy for details.

16.1 Each party may receive confidential information from the other. Each party agrees to keep the other’s confidential information confidential, to use it only to perform or receive the Services, and not to disclose it except where required by law or to advisers under a duty of confidence.

17.1 We warrant that we will provide the Services with reasonable skill and care.

17.2 Except as expressly stated in these Terms, and to the extent permitted by law, the Services are provided “as is” and we do not give any other warranties, whether express or implied, including any implied warranty of satisfactory quality or fitness for a particular purpose. We do not warrant that the Services will be uninterrupted or error free, except as set out in the Service Level Agreement.

17.3 Nothing in these Terms affects the statutory rights of a Consumer that cannot be excluded or limited by law, including rights under the Consumer Rights Act 2015.

18.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

18.2 Subject to clause 18.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss, or for any loss or corruption of Content or data where you have not kept your own independent backups.

18.3 Subject to clause 18.1, our total liability to you arising out of or in connection with the Services in any 12 month period is limited to the total fees you paid us for the affected Service in the 12 months before the event giving rise to the claim.

18.4 The service credits in the Service Level Agreement are your sole and exclusive financial remedy for any failure to meet the availability target.

19.1 If you are not a Consumer, you agree to indemnify us against reasonable losses, damages and costs we incur as a result of your breach of these Terms or the Acceptable Use Policy, your Content, or your use of the Services in breach of the rights of a third party or of any law.

20.1 We are not liable for any failure or delay in performing the Services caused by events beyond our reasonable control, including power or network failures, acts of government, cyber attacks, or failures of third-party suppliers. If such an event continues for more than 30 days, either party may cancel the affected Service, and we will refund any fees paid in advance for the unused period.

21.1 We may update these Terms from time to time. Where a change materially affects your rights, we will give you reasonable notice by email or through the control panel before it takes effect. Your continued use of the Services after a change takes effect means you accept the updated Terms. If you do not accept a material change, you may cancel the affected Service before the change takes effect and receive a pro rata refund of any prepaid, unused period.

22.1 If you are unhappy with any Service, please raise a support ticket in the control panel so we can put things right. We aim to acknowledge complaints promptly and resolve them fairly.

23.1 Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours to another company, for example as part of a reorganisation, provided your rights are not adversely affected.

23.2 Entire agreement. These Terms and the policies they incorporate are the entire agreement between us regarding the Services.

23.3 Severance. If any provision is found to be unenforceable, the rest of these Terms remain in force.

23.4 No waiver. A delay in enforcing these Terms is not a waiver of our rights.

23.5 Notices. We will send notices to your Account email. You should send formal notices to us through the contact page.

23.6 Third-party rights. No one other than you and us has any right to enforce these Terms.

24.1 These Terms and any dispute arising out of or in connection with them are governed by the law of England and Wales.

24.2 The courts of England and Wales have exclusive jurisdiction, except that if you are a Consumer resident elsewhere in the United Kingdom, you may also bring proceedings in your local courts.

For questions about these Terms, please contact us.