By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.

By nature of owning a Cabbit account, You accept these Terms & Conditions.

1. Definitions

1. "Acceptable Use Policy" means the acceptable use policy published by Cabbit on their Website;
2. "Agreement" means any agreement to which these Terms & Conditions and Cabbit Acceptable Use Policyare incorporated.
3. "Cabbit" is a service provided by Domicilium (IOM) Limited, a company registered in the Isle of Man whose registered office is at The Isle of Man Datacentre, Ronaldsway Industrial Estate, Ballasalla, Isle of Man, IM9 2RS.
4. "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
5. "Services" means the Services or Products to be provided by Cabbit.
6. "You/Your" means the person or company who purchases Services from Cabbit.

2. Payment

1. Services are available on a monthly payment basis.
2. You agree that Cabbit shall be permitted to charge your payment method on a monthly basis in advance of providing services.
3. All Services must be paid for in advance in accordance with the specific provisions of that Service.
4. You will be invoiced automatically for the next monthly pre-paid period on the basis of your current payment plan 5 days before expiry of the current pre-paid period unless You have cancelled the Service. Payment will be automatically taken via the payment method specified in Your Cabbit account and will be non-refundable.
5. Cabbit reserves the right to change its Terms and Conditions, Prices and nature of its Services. Notice of such changes will be given on the customer’s account notification panel.
6. All payments must be made in UK pounds sterling, inclusive of applicable taxes.
7. You warrant that You are authorised to make payment using the payment card You disclose. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Cabbit's Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Cabbit harmless in the event that the cardholder or issuer declines any transaction for payments to Cabbit, including all of Cabbit’s costs in administering Your non-payment and obtaining payment of those Prices due.
8. In the event of a non-payment of an invoice, Cabbit reserves the right to suspend all Services 7 days after non-payment. In addition, Cabbit reserves the right to terminate all unpaid Services 30 days after suspension unless payment is received in full. You are responsible for all money owed on the account from the time it was established. You are responsible for any additional costs incurred by Cabbit in the collection of outstanding debt.
9. If You fail to pay all Prices due, Cabbit reserves the right to cancel the Services to You. Any such suspension or cancellation does not relieve You from paying all contractually obligated invoices to Cabbit.
10. You are required to have a valid email address registered to Your account at all times, failure to do so will result in automatic suspension of Your account.
11. No bills or invoices will be sent by post. All invoices will be sent directly to You via email shortly after the purchase or when automated renewal transaction is due.

3. Cancellations & Refunds

1. You are entitled to cancel the Services via Your account.
2. Services cancelled within 14 days of their initial purchase (i.e. the first month) are eligible to a pro-rata refund from the day the customer cancels the Services.
3. Subsequent monthly charges are non-refundable.
4. Cabbit reserves the right to cancel and/or suspend Your Service at any time.
5. If You contravene Your Agreement with Cabbit, a refund will not be issued in the event of a cancellation.
6. Customers are responsible for ensuring that the content and data on their server has been migrated before termination of the cancelled Service. Cabbit are not liable for any loss of content or data upon termination of the cancelled Service.

4. Appropriate Service Use

1. Customers are responsible for ensuring that the use of the  Services they purchase does not breach Cabbit’s Acceptable Use Policy.
2. Customers are responsible for ensuring that the Services they purchase are suitable for their technical requirements.
3. Customers are responsible for any person using the server.
4. The Customer represents and warrants that they have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure their server.
5. Cabbit reserves the right to refuse Service and/or access to its Services to anyone.
6. Cabbit does not allow any content that breaches its Acceptable Use Policy to be stored on its servers. Cabbit reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
7. Cabbit shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
8. Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Cabbit.
9. You must accept and comply with the terms of the licences for any and all third-party applications installed on your servers.
10. You accept full and sole liability for any and all third-party applications that you install and any effects such applications may have on your servers.
11. You shall indemnify Cabbit against all damages, losses and expenses arising as a result of any action or claim brought by a third party arising out of or related to the actual or alleged use of the Service in violation of applicable law or the Agreement by the Customer or any person using the Customer’s log on information, regardless of whether such person has been authorized to use the Service by the Customer.
12. In the event that Cabbit removes data or content from the Services and/or suspends the Services pursuant to clause 3.6 and later reinstates such content and/or resumes the Services, You shall indemnify Cabbit against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services breaches the Acceptable Use Policy.

5. Scheduled maintenance

1. To guarantee optimal performance on the servers, it is necessary for Cabbit to perform routine maintenance. Such maintenance may require taking Cabbit Services off-line, typically performed during off-peak hours. Cabbit will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the customer account notification panel.

6. Support

1. We will endeavour to provide a continuous high quality service. If You experience problems with the Services, You should email info@cabbit.cloud.
2. For the avoidance of doubt, Cabbit is only responsible for supporting and maintaining the platform that provides the Service. You are responsible for supporting your use of the Service, including, but not limited to, operating system software, application software and end-user services installed on the  provided Service.
3. The use of all Cabbit services is at your own risk.

7. Data

1. All files and data created or stored by You within Cabbit Services are Your property and fully your responsibility. Cabbit makes no claim of ownership of any content, email content, or any other type of data contained within the customer's Service space.
2. In the event of loss of or damage to your data relating to a failure in Cabbit systems or servers, Cabbit cannot assist you in the restoration of your data. You accept full responsibility for maintaining adequate backup copies of all your data.
3. You shall indemnify Cabbit against all damages, losses and expenses arising as a result of any action or claim that content or data accessed from or published as part of your use of the Services infringes the intellectual property rights of a third party.

8. Passwords

1. It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Cabbit is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party.
2. You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.

9. Your personal details

1. You warrant that the contact information that you provide to us on establishment of your account 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.
2. Cabbit will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. For more information about how Cabbit will collect and use Your personal information please read Cabbit's privacy policy.

10. Cabbit Disclaimers & Warranties

1. Cabbit does not back up your content and data and, as such, cannot assist you in restoring lost content and data. This includes loss of data resulting from any and all Service interruptions caused by Cabbit.You accept full responsibility for maintaining adequate backup copies of all your data.
2. Cabbit makes no warranties or representations that any Service will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Cabbit disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, You accept all Services provided hereunder "as is" without warranty of any kind.
3. For the avoidance of doubt, any use of the Services in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

11. Liability

1. Cabbit shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
2. Cabbit will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise.
3. No matter how many claims are made and whatever the basis of such claims, Cabbit's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
4. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Cabbit, its employees or its sub-contractors.
5. Cabbit shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
6. 1. interruptions to the flow of data to or from the internet;
   2. changes, updates or repairs to the network, hardware or software which it uses as a platform to provide the Services;
   3. the effects of the failure or interruption of Services provided by third parties;
   4. factors outside of Cabbit's reasonable control;
   5. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
   6. problems with Your equipment and/or third party equipment;
   7. interruptions to the Services requested by You.

12. Matters Beyond Reasonable Control

1. Cabbit shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Cabbit (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

13. Non-Waiver

1. Failure of Cabbit to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered to be a waiver of such provisions or rights, or in any way affect the validity of this Agreement.

14. Survival

1. The parties' rights and obligations under this agreement will survive the termination of this agreement.
2. Neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.
3. Each party, however, shall be liable for any damage from any breach by it of this Agreement.

15. Notice

1. You agree that any notice or communications required or permitted to be delivered under this Agreement by Cabbit to You shall be deemed to have been given if delivered by the customer account notification panel and/or emailed to the account email address.

16. Governing Law

1. This Agreement shall be interpreted in accordance with the laws of the Isle of Man. The Parties submit to the exclusive jurisdiction of the Courts of the Isle of Man.

17. Assignment

1. Neither party may sell, transfer or assign its rights or obligations under this Agreement without the written consent of the other party. No such assignment, even if consented to, shall relieve either party of its obligations under this Agreement prior to the date of the assignment.

18. Whole Agreement

1. This Agreement, together with any document expressly referred to in any of its terms, contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters.  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.

19. Amendments

1. We may update or amend these Terms and Conditions, the Acceptable Use Policy, Privacy Policy and any information relating to the Services from time to time to comply with law or to meet our changing business requirements. We will give You notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.

20. Severability

1. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Cabbit will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Cabbit as reflected in the original provision.