Service Terms

About us

We are Morphcloud Limited, a company registered in England and Wales under company number: 13971988. Our registered office is at: 25 Fentiman Road, Oval, London, SW8 1LD. Our VAT number is: GB464753858.

How to contact us

You can contact us by sending an email to contact@morphcloud.com.

These terms

1. These terms apply to any purchases you make on our website. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.

2. For the purposes of these terms, you are a ‘consumer’ if you are buying services from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying services from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Morphcloud Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

4. If you are a consumer, you must be at least 18 years old and a resident of the UK to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

5. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

6. Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

7. Your use of our site is governed by our Website Terms of Use.

Orders

1. Please check your order carefully and correct any errors before you submit it to us.

2. After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy services from us on these terms.

3. Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.

4. If we do not accept your order, for example because we are unable to take payment, the services are unavailable, if you are a consumer and you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

Availability

All orders are subject to availability. We cannot guarantee that any service will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a refund of any advance payments made by you for any services that have not yet been provided.

Making changes to your order

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.

Providing services

1. Descriptions of our services are set out on our site.

2. We will provide the services from our acceptance of your order.

3. The services are only available online. 

4. We will do all that we reasonably can to provide the services from our acceptance of your order. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, internet outages, accidents or unpredictable delays).

5. Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than 1 day, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any services that have not yet been provided.

6. We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to do something required for us to provide the services, or fail to provide us with adequate instructions or information to allow us to perform the services.

7. If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.

8. If you are a business customer, you confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.

Prices

1. Prices for our services are set out on our site. All prices are in U.S. dollars (USD) and are exclusive of applicable sales taxes. Please see our pricing page: https://about.morphcloud.com/#pricing.

2. Prices for our services may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.

3. If there has been an error on the site regarding the pricing of any of our services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

Payment

1. We accept a variety of payment options. Please see our payments page. All credit card and debit card payments need to be authorised by the relevant card issuer.

2. We require payment for the tier you have selected monthly, in advance. We will take the first month’s payment from your card before we send youyour order confirmation email. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

3. We will invoice you monthly. Your invoice will be sent to the email address you provided when you placed your order.

Consumer cancellation rights

This clause 10 only applies to you if you are a consumer.

1. You have 14 days from the date of your order confirmation email to change your mind and cancel your order.

2. To cancel your order, please email us at contact@morphcloud.com. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.

3. We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel.

4. We will issue your refund to the same payment method you used when you placed your order.

Faulty services—consumers

This clause 11 only applies to you if you are a consumer.

1. We must provide the services to you with reasonable care and skill.

2. We are under a legal duty to supply services that are in conformity with our contract with you.

3. If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it, or get some money back if we cannot fix it.

4. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 10 above. For more detailed information on your rights, go to the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

5. If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.

Faulty services—business customers

This clause 12 only applies to you if you are a business customer.

1. We warrant that the services will be:

   1. performed with reasonable care and skill within the meaning of section 13 of the Supply of Goods and Services Act 1982; and

   2. free from material defects at the time the services are completed.

2. As your sole and exclusive remedy, we will (at our option) refund any services that do not comply with clause 12.1, provided that:

   1. you notify us by email to contact@morphcloud.com within 7 calendar days from the date that the services are completed; and

   2. you provide us with sufficient information as to the nature and extent of the defects.

3. Except as set out in this clause 12, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

Our liability to consumers

This clause 14 only applies to you if you are a consumer.

1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

Our liability to business customers

This clause 15 only applies to you if you are a business customer.

1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the lower of: (i) the total price paid for the services in the last 12 months, or (ii) £1,000,000.

2. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

   1. consequential, indirect or special losses; or

   2. any of the following (whether direct or indirect):

      1. loss of profit;

      2. loss of opportunity;

      3. loss of savings, discount or rebate (whether actual or anticipated); or

      4. harm to reputation or loss of goodwill.

3. Nothing in these terms will limit or exclude our liability for:

   1. death or personal injury caused by negligence;

   2. fraud or fraudulent misrepresentation; or

   3. any other losses which cannot be excluded or limited by law.

Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://about.morphcloud.com/legal/privacy-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

No third party rights

No one other than us or you has any right to enforce any of these terms.

Complaints

1. If you are unhappy with us or the services we have provided to you, please contact us at contact@morphcloud.com.

Governing law and jurisdiction

1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

General terms

1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

4. If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

5. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.