Terms of Service

Introduction

These Terms govern your access to and use of the hosting services provided by TheFinnaCompany Ltd, trading as FinnaCloud ("we", "us", or "our"), a company incorporated and registered in England and Wales with company number 13957249, whose registered office is at 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom. These Terms apply to our hosting services, including colocation (physical placement of your equipment in our data centers), compute servers (virtual or dedicated servers for processing), storage (data storage solutions), network access (connectivity and bandwidth), and our proprietary software ("Proprietary Software"). Consultation services are provided under our Professional Services and are subject to a separate agreement. If you are entering these Terms on behalf of a company or other legal entity ("Customer"), you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not use our services.

We reserve the right to update these Terms at any time, and changes will be effective upon posting on our website (https://finnacloud.com/legal/terms). Your continued use of the Services after such changes constitutes your acceptance of the revised Terms. If you are a consumer, you may have additional rights under the Consumer Rights Act 2015, and we will notify you of material changes in accordance with applicable law.

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

• "Agreement" means these Terms, any order form or service agreement, and any amendments thereto.
• "Business Day" means any day other than a Saturday, Sunday, or public holiday in England.
• "Charges" means the fees payable for the Services as specified in your order form or as otherwise agreed in writing.
• "Commencement Date" means the date we confirm acceptance of your order via account activation or similar notification.
• "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or would reasonably be considered confidential, including business, technical, or financial information, but excluding information that is publicly available, independently developed, or required to be disclosed by law.
• "Customer Data" means all data, content, and materials uploaded, stored, or processed by you using the Services, including any personal data.
• "Force Majeure Event" means any event beyond a party’s reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, and other intellectual property rights, whether registered or unregistered.
• "Proprietary Software" means our software provided as part of the Services, including any updates, modifications, or derivative works.
• "Services" means the hosting services provided by us, including colocation, compute servers, storage, network access, and access to our Proprietary Software, as specified in your order form.
• "Term" means the initial term and any renewal terms as specified in Section 10.
• "UK GDPR" has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

References to statutes include any amendments or re-enactments. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.

2. Provision of Services

2.1 Service Delivery

We will provide the Services in accordance with these Terms and the specifications in your order form, using reasonable skill and care as required by the Supply of Goods and Services Act 1982. The Services include:

• Colocation: Provision of secure rack space, power, cooling, and physical security for your equipment in our data centers, compliant with industry standards.
• Compute Servers: Provision of virtual or dedicated servers for processing, configured as per your order form.
• Storage: Data storage solutions with specified capacity and performance metrics.
• Network Access: Internet connectivity and bandwidth as specified, subject to our Acceptable Use Policy.
• Proprietary Software: A non-exclusive, non-transferable, revocable license to use our Proprietary Software solely in connection with the Services during the Term.

2.2 Service Availability

We aim to achieve 99.9% uptime for the Services in any calendar month, excluding:

• Scheduled maintenance (notified at least 48 hours in advance via email or our customer portal).
• Unscheduled emergency maintenance (notified as soon as practicable).
• Force Majeure Events.
• Issues caused by you, your equipment, or third parties.

If we fail to meet this uptime commitment, you may be eligible for service credits as outlined in our Service Level Agreement (available upon request or at https://finnacloud.com/legal/sla).

2.3 Service Suspension

We may suspend the Services if:

• You fail to pay Charges within 14 days of the due date.
• You breach these Terms, including the Acceptable Use Policy.
• We reasonably believe suspension is necessary to protect our network, systems, or other customers.
• We are required to comply with applicable law or a court order.

We will provide reasonable notice of suspension where practicable and work with you to restore Services promptly upon resolution of the issue.

2.4 Performance Limitations

The Services are provided on a shared or dedicated basis as specified in your order form. Performance may be affected by factors outside our control, such as internet congestion, third-party service providers, or your hardware or software configurations.

3. Customer Obligations

3.1 General Responsibilities

You agree to:

• Provide accurate, current, and complete information during account setup and promptly update any changes.
• Comply with all applicable laws, including the UK GDPR, Data Protection Act 2018, and export control regulations.
• Ensure your use of the Services does not infringe any third-party Intellectual Property Rights or other rights.
• Maintain the confidentiality and security of your account credentials, including passwords and API keys.
• Regularly back up your Customer Data (we are not responsible for data loss unless caused by our negligence).

3.2 Acceptable Use Policy

You must not use the Services to:

• Store, transmit, or distribute viruses, malware, ransomware, or other harmful code.
• Engage in spamming, phishing, or unsolicited advertising.
• Host, store, or distribute illegal content, including but not limited to child sexual exploitation material, terrorist content, or content that violates the Online Safety Act 2023.
• Interfere with, disrupt, or attempt to gain unauthorized access to our network, systems, or other customers’ services.
• Exceed the resource limits specified in your order form (e.g., bandwidth, storage, or compute capacity).
• Engage in activities that violate the Intellectual Property Rights of others.

Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your Services, without prejudice to our other rights and remedies.

3.3 Responsibility for Account Activity

You are responsible for all activities conducted under your account, including by your employees, agents, or third parties you authorize. You must promptly notify us at [email protected] if you suspect unauthorized access to your account.

3.4 Indemnification

You agree to indemnify, defend, and hold us harmless against any losses, claims, damages, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or the Acceptable Use Policy.
• Your misuse of the Services or Proprietary Software.
• Any third-party claims related to your Customer Data, including infringement of Intellectual Property Rights or privacy rights.
• Your violation of applicable laws or regulations.

4. Fees and Payment

4.1 Charges

You agree to pay the Charges as specified in your order form, which may include one-time setup fees, recurring subscription fees, and usage-based fees (e.g., for excess bandwidth or storage). All Charges are quoted in GBP and are exclusive of Value Added Tax (VAT), which will be added at the prevailing rate where applicable.

4.2 Payment Terms

Payments are due in advance via the payment method specified in your order form (e.g., credit card, bank transfer, or direct debit). You authorize us to charge your chosen payment method for all applicable Charges. Invoices will be issued electronically to the email address provided in your account.

4.3 Late Payments

If any Charges remain unpaid 14 days after the due date, we may:

• Charge interest at a rate of 4% above the Bank of England base rate, calculated daily and compounded monthly.
• Suspend your access to the Services until payment is received in full.
• Engage a debt collection agency, and you will be liable for any reasonable costs incurred.

4.4 Fee Adjustments

We may increase Charges upon 30 days’ written notice due to increased operational costs, regulatory changes, or other reasonable grounds. If you do not accept the increase, you may terminate the Agreement by providing written notice before the new Charges take effect, as outlined in Section 10.

4.5 Disputed Payments

If you initiate a chargeback or dispute a payment, you agree to reimburse us for any fees, penalties, or costs incurred as a result. We may suspend Services during the resolution of any payment dispute.

5. Intellectual Property

5.1 Customer Data

You retain all Intellectual Property Rights in your Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, and process your Customer Data solely to provide the Services during the Term.

5.2 FinnaCloud Intellectual Property

We (or our licensors) own all Intellectual Property Rights in the Services, Proprietary Software, and any materials we provide, including documentation, APIs, and user interfaces. You must not copy, modify, reverse engineer, decompile, distribute, or create derivative works from our Services or Proprietary Software without our prior written consent.

5.3 Feedback

If you provide feedback, suggestions, or recommendations about the Services, we may use such feedback without obligation to you, and you grant us a perpetual, irrevocable license to use and incorporate it into our Services.

6. Data Protection

6.1 Compliance with Data Protection Laws

We will process personal data in accordance with our Privacy Policy (available at https://finnacloud.com/legal/privacy) and the UK GDPR. You confirm that you have the legal right to transfer any personal data to us for processing and that such data is accurate and lawfully obtained.

6.2 Data Processor Obligations

Where we act as a processor of your personal data, we will:

• Process personal data only on your documented instructions, unless required by law.
• Ensure that our personnel are subject to confidentiality obligations.
• Implement technical and organizational measures to protect personal data, in compliance with Article 32 of the UK GDPR.
• Assist you with responding to data subject requests, audits, and compliance with data protection obligations, subject to reasonable costs.
• Notify you without undue delay of any personal data breach affecting your data.
• Delete or return your personal data upon termination, as specified in Section 10, unless required to retain it by law.

6.3 Your Obligations

You must ensure your use of the Services complies with all applicable data protection laws, including:

• Obtaining valid consents or other legal bases for processing personal data.
• Providing appropriate privacy notices to data subjects.
• Notifying us of any specific processing instructions in writing.

6.4 Subprocessors

You authorize us to engage subprocessors to provide the Services, provided we ensure they are subject to equivalent data protection obligations. A list of current subprocessors is available upon request.

7. Confidentiality

Each party agrees to:

• Keep the other party’s Confidential Information confidential and use it only to perform obligations under the Agreement.
• Not disclose Confidential Information to third parties without prior written consent, except to employees, agents, or contractors who need to know and are bound by equivalent confidentiality obligations.
• Implement reasonable security measures to protect Confidential Information from unauthorized access or disclosure.

These obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was known to the receiving party prior to disclosure.
• Is independently developed by the receiving party.
• Is required to be disclosed by law, provided the receiving party gives prompt notice to the disclosing party where permitted.

Confidentiality obligations survive termination of the Agreement for five (5) years.

8. Limitation of Liability

8.1 General Limitations

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any other liability that cannot be excluded or limited under English law, including rights under the Consumer Rights Act 2015 for consumers.

8.2 Exclusions

Subject to Section 8.1, we will not be liable for:

• Loss of profits, revenue, business, data, goodwill, or anticipated savings.
• Indirect, incidental, special, or consequential losses.
• Any claims arising from your Customer Data, your equipment, or third-party actions.
• Losses caused by your failure to maintain backups or comply with these Terms.

8.3 Liability Cap

Subject to Section 8.1, our total aggregate liability in any 12-month period (whether in contract, tort, or otherwise) shall not exceed the total Charges paid by you for the Services in the preceding 12 months.

8.4 Disclaimer of Warranties

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we exclude all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except as provided under the Consumer Rights Act 2015 for consumers.

9. Indemnity

You agree to indemnify, defend, and hold harmless TheFinnaCompany Ltd, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising from or related to:

• Your breach of these Terms or the Acceptable Use Policy.
• Your misuse of the Services or Proprietary Software.
• Any infringement of third-party Intellectual Property Rights or other rights by your Customer Data or actions.
• Your violation of any applicable laws or regulations, including data protection or export control laws.

We will notify you promptly of any claim for which we seek indemnification and, at your expense, allow you to control the defense and settlement, provided you keep us informed and do not settle any claim in a manner that admits our liability without our consent.

10. Term and Termination

10.1 Term

The Agreement commences on the Commencement Date and continues for the initial term specified in your order form (minimum 1 month unless otherwise stated). The Agreement automatically renews for successive periods of the same duration unless either party provides written notice of termination at least 30 days before the renewal date.

10.2 Termination for Cause

Either party may terminate the Agreement immediately by written notice if the other party:

• Commits a material breach of these Terms and fails to remedy it within 30 days of written notice.
• Becomes insolvent, enters liquidation, administration, or bankruptcy, or ceases to carry on business.

10.3 Termination by Customer

You may terminate the Agreement by providing 30 days’ written notice if we increase Charges under Section 4.4 and you do not accept the increase. Consumers may also have additional termination rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10.4 Effect of Termination

Upon termination:

• You must pay all outstanding Charges up to the date of termination.
• We will cease providing the Services, and your access to the Proprietary Software will end.
• You must retrieve your Customer Data within 30 days, after which we may delete it, subject to any legal retention obligations.
• For colocation services, you must remove your equipment from our data centers within 30 days, or we may charge storage fees or dispose of the equipment in accordance with applicable law.

10.5 Survival

Sections 4 (Fees and Payment), 5 (Intellectual Property), 6 (Data Protection), 7 (Confidentiality), 8 (Limitation of Liability), 9 (Indemnity), 11 (Governing Law), and any other provisions intended to survive termination will remain in effect.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and the Agreement are governed by and construed in accordance with the laws of England and Wales.

11.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that consumers may have the right to bring proceedings in their local jurisdiction under applicable law.

11.3 Alternative Dispute Resolution

If you are a consumer, you may refer disputes to an alternative dispute resolution (ADR) provider approved under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Contact us at [email protected] for details of approved ADR providers.

12. Miscellaneous

12.1 Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to a Force Majeure Event, provided the affected party notifies the other promptly and takes reasonable steps to mitigate the impact.

12.2 Assignment

You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction, including to an affiliate or successor in the event of a merger or acquisition.

12.3 Notices

Notices must be in writing and sent to:

• For us: TheFinnaCompany Ltd, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom, or [email protected].
• For you: The address or email provided in your account or order form.

Notices are deemed received: (a) if delivered by hand, on delivery; (b) if sent by registered post, 48 hours after posting; or (c) if sent by email, upon confirmation of receipt.

12.4 Entire Agreement

These Terms, together with your order form and any referenced policies (e.g., Privacy Policy, Service Level Agreement), constitute the entire agreement between you and us and supersede all prior agreements, representations, or understandings.

12.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

12.6 Waiver

No waiver of any breach of these Terms shall constitute a waiver of any subsequent breach.

12.7 Third-Party Rights

No person who is not a party to the Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

13. Routing Restrictions

To comply with applicable international and local regulations, including export control and sanctions laws, access to our Services is restricted in certain territories. Traffic to and from the following countries will not be advertised in our routing tables, and FinnaCloud clients will be unable to reach networks in these regions: Yemen, Syria, Iraq, Jordan, Saudi Arabia, Egypt, and Lebanon. Users in these regions will not be able to access FinnaCloud Services. We reserve the right to update this list as required by law or our policies, with notice provided where practicable.

14. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us at:

TheFinnaCompany Ltd
13 Freeland Park, Wareham Road
Poole, Dorset, BH16 6FA, United Kingdom
[email protected]
+44 20 3951 2677

Effective: 1 October 2025
Last Reviewed: 1 October 2025
Last Updated: 1 October 2025