Terms & Conditions

These Terms and Conditions, together with Our Privacy Policy and Acceptable Use Policy, govern the Customer (“You”, “Your”) when using the cloudgateway.co.uk website (the “Site”), and the mycloudgateway.co.uk client portal (the “Portal”). They also govern Your relationship with the owner of the Site and Portal, namely Cloud Gateway Limited (“Us”, “Our”, “We”), a company registered under the laws of England and Wales (Company No. 10660712), with its registered office at 7th & 8th Floors, 24 King William Street, London, EC4R 9AT, United Kingdom.

Please read these Terms and Conditions carefully as they affect Your rights and liabilities under the law. By using Our Site and/or Portal You indicate that You accept these Terms and Conditions and that You agree to abide by them. If You do not agree with these Terms and Conditions, You do not have permission to access the contents of the Site or Portal and You should cease using them immediately.

Through the Site and Portal, You may have access to various programs, software, web-based tools and other materials made available by Cloud Gateway now and in the future, including but not limited to: bulletins, white papers, and other technical publications; information on product certifications, product availability, product desupport, bug databases; service requests that You have submitted; software patches; bulletin board; and hyperlinks to websites not controlled by Cloud Gateway.

Clause 1. Access and use of the Site and Portal

You are responsible for making all arrangements necessary for You to have access to Our Site and Portal. You are also responsible for ensuring that all persons who access Our Site and Portal through Your internet connection are aware of these terms, and that they comply with them.

Site

The Site may be accessed through any internet-connected mobile or personal computing device, and any browser listed below:

Browser supported versions

• Chrome Latest

• Firefox Latest and extended support release (ESR)

• Edge 2 most recent major versions

• Safari 2 most recent major versions

• iOS 2 most recent major versions

• Android 2 most recent major versions

Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of Our Site, or Our entire Site.

The Site is provided to You free of charge for Your personal use subject to these Terms and Conditions and the Acceptable Use Policy. By using the Site, You agree to be bound by these Terms and Conditions.

Portal

The Portal requires an internet-connected device running the supported devices listed above. The Portal also requires each user to have a mobile device capable of receiving SMS messages in order to provide multi-factor authentication.

Access to Our Portal is permitted for the length of the contract into which You enter with Cloud Gateway Limited. We reserve the right to withdraw or amend access to the service We provide on Our Portal without notice (see below). We will not be liable if, for any reason, Our Site is unavailable at any time or for any period.

The Portal may be provided to You as part of Our managed service and as described in any Proposal. It is subject to these Terms and Conditions and the Acceptable Use Policy. By using the Portal, You agree to be bound by these Terms and Conditions.

Portal log in procedure

The Portal is accessed via secure log in. Portal user details will be collected during Cloud Gateway service onboarding. When logging in for the first time, You will be prompted to read and accept these Terms and Conditions, and requested to change Your temporary password in accordance with the password strength policy We define.

Portal user training can be provided to customers either in the form of a demo, guidance documentation or in-person training. We, at Our sole discretion, will decide which form(s) of training are most appropriate for each customer, and reserve the right to charge for this training.

Security and use of log in information

You must treat Your user ID, password, and any other piece of information as part of Our security procedures, as Confidential, and You must not disclose it. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms and Conditions.

You agree to immediately notify Cloud Gateway of any unauthorised use of Your account or any other breach of security. Cloud Gateway will not be liable for any loss You incur as a result of someone else using Your password and account with or without Your permission.

You may not:

Share log in details

Leave Your user accounts logged in and unattended

Use anyone else’s log in details

Allow third parties, contractors or suppliers to remotely access/take over Your PC or laptop via the Internet, as this could compromise the security of Your service

Portal roles and responsibilities

Cloud Gateway will provide You and Your Portal users with certain roles and permissions unique to Your specific requirements. Responsibility for user management and changes will depend on the roles You define during onboarding. You are responsible for managing the permissions for Portal users, and should review user access on a regular basis.

Statements pertaining to Cloud Gateway’s handling of Your personal and company data can be found in Our Privacy Policy.

When using Our Site and/or Portal, You must comply with the provisions of Our Acceptable Use Policy (see below).

Clause 2. Amendments to the Site and Portal

We reserve the right at any time to change these Terms and Conditions by posting changes online. You are responsible for regularly reviewing information posted online to obtain prompt notice of any such changes. Your continued usage of the Site and Portal after changes are posted constitutes Your acceptance of the revised Terms and Conditions.

We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Portal with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or Portal.

Site and/or Portal maintenance will be required from time to time, to launch new functionality or fix bugs. Should this happen, access will be temporarily suspended to all users. We will endeavour to carry out maintenance in such a way that is least disruptive, for example, at times of day where user traffic is lowest, or at weekends. This may not always be possible in the event of urgent or unexpected maintenance. Whenever possible, customers will be informed of upcoming scheduled Site or Portal maintenance via Our Service Desk.

Clause 3. Reliance on Information Posted

Site

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

Portal

Information within the Portal reflects Your use of Our services. This information is available to report on and extract. We endeavour to provide this information accurately.

Clause 4. Intellectual property

Cloud Gateway Limited owns or is licensed to use all intellectual property in the content of the Site and Portal, and reserve the right to pursue any intellectual property infringement in the Courts of the country where We suffer damage. No licence is granted to You in these Terms and Conditions to use any trade name or mark of point or their affiliated companies. You shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation of Cloud Gateway Limited or their affiliated companies. If You are unsure of the legality of Your use of the material on this website You should contact info@cloudgateway.co.uk.

You should not export, copy or forward information obtained via the Portal in any way that is unrelated to the key functions of the Portal, without the written instructions of Cloud Gateway as the data controller.

Site: You may print off one copy, and may download extracts, of any page(s) from Our Site for Your personal reference.

Portal: You may screenshot and download extracts of any Portal page(s) for Your personal reference. Please note that screenshot extracts from the Portal may contain data pertaining to Your users, network and security activity and should be treated as Confidential.

You must not modify paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on Our Site and Portal must always be acknowledged.

You must not use any part of the materials on Our Site or Portal for commercial purposes without obtaining a licence to do so from Us or Our licensors.

If You print off, copy or download any part of Our Site or Portal in breach of these terms of use, Your right to use Our Site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

Clause 5. Your liability

You must ensure that any personal information that You supply to Us is correct and complete. You must inform the Service Desk immediately of any changes to the information that You have supplied to us, such as user details. This includes removal of Portal users as part of Your leaver process, in the event (for example) of a member of staff leaving Your business.

You, and not Us, are entirely responsible for all material that You make available on the Site and Portal, including (but not limited to) any uploaded documents, interactions via chatbot or service ticketing, and any other type of contribution via interactive elements of the Site and Portal.

You agree that You must evaluate, and bear all risks associated with, the use of material available on the Site and Portal, including but not limited to any reliance upon the accuracy, completeness or usefulness of such material.

You agree not to use the Site and Portal to:

Post, transmit or otherwise make available any material that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, hateful or racially or otherwise objectionable; or

Impersonate any person or entity; or

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material posted on the Site; or

Post, transmit or otherwise make available any material that You do not have the right to make available under any law or contractual or fiduciary relationships; or

Post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

Post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “spam”, “junk mail”, “chain letters” or any other forms of solicitation; or

Post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy of limit the functionality of any computer software or hardware or telecommunications equipment; or

Intentionally or unintentionally violate any national or international statute, law, decree, rule and/or regulation; or

“Stalk” or harass another person; or

Collect or store personal data about others.

Clause 6. Our liability

The Site and Portal are provided by Us, without any warranties or guarantees. We do not accept any liability for the quality of material on the Site or Portal, including but not limited to its accuracy, authenticity or correctness.

Furthermore, We do not accept liability for technical problems that You may experience with the Site or Portal. All implied warranties are excluded to the maximum extent permitted by law.

To the fullest extent permitted by law, You agree that We will not be liable to You or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site or Portal.

Nothing in these Terms and Conditions shall exclude liability for death or personal injury caused by negligence.

Clause 7. Handling of material on the Site and Portal

We reserve the right to remove any material on the Site and Portal at any time, without notifying You.

You acknowledge and agree that We may preserve and disclose material posted by You on the Site and Portal if required (a) by law or legal process, (b) to enforce these Terms and Conditions, (c) to respond to claims that such material violates the rights of third parties, (d) to protect Our rights and/or property, or rights and/or the property of other users of the Site and Portal, and the general public.

Clause 8. Viruses, hacking and other offences

You must not misuse Our Site or Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site or Portal, the server on which Our Site and Portal are stored, or any server, computer or database connected to Our Site and Portal. You must not attack Our Site and Portal via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Site and Portal will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site or Portal, or to Your downloading of any material posted on it, or on any website linked to it.

Clause 9. Termination

You agree that We, in Our sole discretion, may terminate Your use of this Site and/or Portal, and remove and discard any material You have posted on the Site or Portal, for any reason, including, without limitation, if We believe that You have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of Your access to the Site or Portal under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that We may immediately bar any further access to the Site or Portal. Furthermore, You agree that We shall not be liable to You or any third party for any termination of Your access to the Site or Portal.

Clause 10. Material submitted or made available for inclusion on the Site and Portal

Site

We do not claim ownership of material You submit or make available for inclusion on the Site. However, with respect to material You submit or make available for inclusion on the Site, You grant Us a worldwide, royalty free, non-exclusive, perpetual, irrevocable and fully sub-licensable licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such material (in whole or in part) and to incorporate such material into other works in any format or medium now known or later developed, subject to Our privacy policy.

Portal

We do not claim ownership of material You submit or make available for inclusion on the Portal. Information pertaining to Your users, network and security activity will be treated as Confidential.

Unless given Your permission, We agree not to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such material (in whole or in part) and to incorporate such material into other works in any format or medium now known or later developed, subject to Our privacy policy.

Clause 11. Indemnity

You agree to indemnify and hold Cloud Gateway Limited, and its subsidiaries, affiliates, officers, agents, and employees (collectively, the “Indemnified Parties”) harmless from any loss, damage, injury, claim, demand, cost, including reasonable attorneys’ fees, or penalty awarded against or incurred or paid by any of the Indemnified Parties due to or arising out of material You submit, post, transmit or otherwise make available on the Site or Portal, Your use of the Site, Your violation of these Terms and Conditions, or Your violation of any rights of another.

Clause 12. Links

As a convenience to you, the Site and Portal may include links to other websites or material that are beyond Our control. Their inclusion must not be taken to imply any endorsement or validation by Us of the content of the linked website. Cloud Gateway Limited does not accept responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites or the content of such third party websites.

Neither Our Site nor Portal may be framed on any other site, nor may You create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in these Terms and Conditions.

If You wish to make any use of material on Our Site other than that set out above, please address Your request to info@cloudgateway.co.uk.

Clause 13. International use

Cloud Gateway Limited makes no promise that materials on the Site or Portal are appropriate or available for use in locations outside the United Kingdom, and accessing the Site or Portal from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Site or Portal from locations outside of the United Kingdom, You do so at Your own risk and You are responsible for compliance with the international laws and regulations from the location from which You access the Site or Portal.

The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site and Portal although We retain the right to bring proceedings against You for breach of these conditions in Your country of residence or any other relevant country. These Terms and Conditions are governed by the laws of England and Wales.

Clause 14. Privacy Policy

By using the Site and/or Portal, You also agree to Our Privacy Policy, which can be viewed here. This Privacy Policy applies both to Site visitors and Portal users.

Please read the Privacy Policy carefully as it contains important information on how We use Your personal information.

Clause 15. Miscellaneous

If any clause of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by Cloud Gateway Limited of breach of obligation arising under these Terms and Conditions shall constitute a waiver of any other breach.

You may not assign, sub-license or otherwise dispose of Your rights under these Terms and Conditions.

A person who is not a party to these Terms and Conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of these Terms and Conditions. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be decided only by the courts of England and Wales.

Cloud Gateway Acceptable Use Policy

Website and Portal

Acceptable Use Policy

This Acceptable Use Policy sets out the terms between You and Us under which You may access Our Site cloudgateway.co.uk (Our Site), and Our Portal mycloudgateway.co.uk (Our Portal). This acceptable use policy applies to all users of, and visitors to, Our Site and Portal.

Your use of Our Site and Portal means that You accept, and agree to abide by, all the policies in this acceptable use policy, which supplement Our Terms and Conditions.

cloudgateway.co.uk is a Site operated by Cloud Gateway Limited registered in England and Wales under company number 10660712, with its registered office at 7th & 8th Floors, 24 King William Street, London, EC4R 9AT, UK.

mycloudgateway.co.uk is a Portal operated by Cloud Gateway Limited registered in England and Wales under company number 10660712, with its registered office at 7th & 8th Floors, 24 King William Street, London, EC4R 9AT, UK.

The Site and Portal have been developed to be fully compliant with the ABPI Code of Conduct.

Prohibited uses

You may use Our Site and Portal only for lawful purposes. You may not use them:

In any way that breaches any applicable local, national or international law or regulation; or

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

For the purpose of harming or attempting to harm minors in any way; or

To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards; or

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of Our Site or Portal in contravention of the provisions of Our Terms and Conditions; and

Not to access without authority, interfere with, damage or disrupt:

any part of Our Site or Portal;

any equipment or network on which Our Site or Portal is stored;

any software used in the provision of Our Site or Portal; or

any equipment or network or software owned or used by any third party.

Interactive Services

We may, from time to time, provide interactive services on Our Site or Portal. Where We do provide any interactive service, We will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do Our best to assess any possible risks for users from third parties when they use any interactive service provided on Our Site or Portal, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on Our Site or Portal, and We expressly exclude Our liability for any loss or damage arising from the use of any interactive service by a user in contravention of Our content standards, whether the service is moderated or not.

Where We do moderate an interactive service, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which You contribute to Our Site and Portal (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts); and

Be genuinely held (where they state opinions); and

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person; or

Contain any material which is obscene, offensive, hateful or inflammatory; 0r

Promote sexually explicit material; or

Promote violence; or

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or

Infringe any copyright, database right or trademark of any other person; or

Be likely to deceive any person; or

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

Promote any illegal activity; or

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; or

Be likely to harass, upset, embarrass, alarm or annoy any other person; or

Be used to impersonate any person, or to misrepresent Your identity or affiliation with any person; or

Give the impression that they emanate from us, if this is not the case; or

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Security Management, Risk and Breach Reporting

Both You and Cloud Gateway have a joint responsibility to protect personal and/or sensitive information from unauthorised access, modification, disclosure or misuse.

If You believe that Site or Portal security has been breached, data has been compromised, or there is an imminent risk of this happening, You may alert Cloud Gateway directly via the following methods.

info@cloudgateway.co.uk

+44 (0) 203 870 2444

Suspension and termination

We will determine, in Our discretion, whether there has been a breach of this Acceptable Use Policy through Your use of Our Site and Portal. When a breach of this policy has occurred, We may take such action as We deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which You are permitted to use Our Site, and may result in Our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of Your right to use Our Site and/or Portal; and/or

Immediate, temporary or permanent removal of any posting or material uploaded by You to Our Site and/or Portal; and/or

Issue a warning to you; and/or

Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or

Further legal action against you; and/or

Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

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

Changes to the Acceptable Use Policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on Our Site or Portal.