Terms & Conditions

LEGAL WEBSITE DISCLAIMER

This website provides general information about Bluecube Cloud Services Limited (“Bluecube” or “us”) and the services we offer.

The information contained on this website has been prepared solely to provide information about Bluecube Cloud Services Limited and its services. While Bluecube takes reasonable care to provide information which is accurate and up to date on the site, it does not undertake to update or correct such information and reserves the right to change, delete or move any information without prior notice.

Bluecube Cloud Services Limited makes no representation or warranty, either express or implied, as to the accuracy or completeness of any information included on this site. Bluecube Cloud Services Limited does not accept any liability for any loss, howsoever caused, from the use of, or reliance upon, this site or information contained therein.

Should selected products and/or services be offered for sale in designated locations on the site then additional Trading Terms & Conditions will apply to these transactions.

The Bluecube Cloud Services Limited name and logo are trademarks of Bluecube Cloud Services Limited. The copyright and other intellectual property rights in the material contained in this site belong to Bluecube Cloud Services Limited Ltd.

Accessing this site indicates you have read and accepted the above statement.

BLUECUBE CLOUD SERVICES LTD DATA PROTECTION AND PRIVACY POLICY STATEMENT

General

At Bluecube Cloud Services Limited we are committed to protecting your privacy. This privacy policy explains what information we collect about users of our web site and describes how we will use it.

What information do we collect?

Registration: If you join the Bluecube Cloud Services Limited mailing list or contact us from this site, we will collect your name, company name and address, your email address and other details relevant to your enquiry.

Your use of the site: we will record which services you are interested in and monitor traffic patterns and site use.

Please tell us immediately if any of your personal details (name, address etc.) change, so that we can ensure our records are up to date.

What do we do with the information we collect?

We will use the information to:

identify users of Bluecube Cloud Services Limited services including the Bluecube Cloud Services Limited mailing list
process any orders or requests
enable us to provide you with a better service
allow us to contact you with information relating to Bluecube Cloud Services Limited

We may monitor your use of our website in order to identify customer preference and track the volume of traffic on particular pages. We may share personal data relating to your use of our web site to companies within the Bluecube Cloud Services Limited group.

Marketing

We may from time to time use your information to notify you about changes to the functionality of our web site. We may send you offers or information including in relation to products or services offered by ourselves and by other Bluecube Cloud Services Limited group companies which we think you may be interested in.

We may contact you by post, fax, email or telephone. If at any time you decide you no longer want to be contacted by us or to receive offers and information from Bluecube Cloud Services Limited, please send an email to info@bluecubecloud.com and we will remove you from our mailing list.

Disclosures of your information

We will not sell, trade or rent information about you to others. We may pass the information to other companies in the Bluecube Cloud Services Limited group who may use your information to market their products or services.

If you do not wish to receive marketing material, please opt out by mailing us at info@bluecubecloud.com

As we continue to develop our business, we might sell or buy assets. In such transactions, the information we have collected about you will generally be one of the transferred business assets. Also, in the unlikely event that Bluecube Cloud Services Limited or its assets are acquired, this information will of course be one of the transferred assets.

Transferring your information overseas

Please note that information about you will not be transferred outside the European Economic Area.

What about cookies?

“Cookies” are small pieces of information that are stored on your computer’s hard drive by your browser. Bluecube Cloud Services Limited may make use of cookies to personalise your visits to our web site. Our cookies may contain personally identifiable information. Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. You do need to allow your browser to accept cookies in order to use our service.

Access rights

You have a right to access the personal data that is held about you. To obtain a copy of the personal information Bluecube Cloud Services Limited holds about you, you should write to us at the following address: The Gateway, Ruston Way, Lincoln, LN6 7GQ, United Kingdom. We are entitled to charge a reasonable fee for this service.

Security

As required by the Data Protection Act 1998 “the Act”, we follow strict security procedures and take appropriate measures to ensure that the information about you is not damaged, destroyed, or disclosed to a third party without your permission and to prevent unauthorised access to it. This means that we may require you to co-operate with our security checks before we can disclose information to you. For the purpose of the Act, the data controller is Bluecube Cloud Services Limited, The Gateway, Ruston Way, Lincoln, LN6 7GQ, United Kingdom.

Any redistribution or reproduction of part or all the contents in any form is prohibited other than the following:

You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material ‘Bluecube Cloud Services Limited’ and ‘Bluecube’ are trading styles of Bluecube Cloud Services Limited’, whose registered address is The Gateway, Ruston Way, Lincoln, LN6 7GQ. Is registered in England and Wales number 6726232. Our VAT registration number is GB 941 0406 60.

GENERAL TERMS AND CONDITIONS

IT, CLOUD, CYBER SECURITY, TELECOMS, CONNECTIVITY, MOBILE AND EQUIPMENT SERVICES

1. About these terms and contract structure

These General Terms and Conditions apply to Services supplied by Bluecube Cloud Services Limited, registered in England and Wales under company number 06726232, with registered office at 103 Newport, Lincoln, England, LN1 3EE (“Bluecube”, “we”, “us” or “our”), to the business customer identified in an Order (“Customer”, “you” or “your”).

Each contract comprises the Order, any Service Agreement, Statement of Work (“SOW”), Service Description, applicable Service Level Agreement (“SLA”), Data Processing Agreement (“DPA”), Acceptable Use Policy, Fair Usage Policy and these General Terms and Conditions (together, the “Agreement”).

If documents conflict, the following order of precedence applies unless expressly stated otherwise: (1) an Order or signed Service Agreement; (2) a DPA for data protection matters; (3) a SOW; (4) a Service Description or SLA; and (5) these General Terms and Conditions.

1.1 Business use

These terms are drafted for customers acting wholly or mainly for business purposes. If mandatory law or regulation gives a microenterprise, small enterprise, not-for-profit customer or consumer additional rights, those rights are not excluded.

1.2 Acceptance

You accept the Agreement by signing or electronically accepting an Order, instructing us to begin work, using a Service, or paying an invoice that refers to these terms. No Customer purchase terms apply unless Bluecube expressly agrees to them in writing.

2. Definitions

Term	Meaning
Applicable Law	all law, regulation, regulatory conditions, codes and binding guidance applying to a party or Service.
Authorised Contact	a person whom the Customer authorises to instruct Bluecube or access the Service.
Business Day	Monday to Friday, excluding public holidays in England.
Charges	all recurring, usage, licence, equipment, installation, project, support and other charges due under the Agreement.
Customer Data	data, content, credentials, configurations and personal data supplied by or on behalf of the Customer or processed through the Services.
Deliverables	documents, configurations, reports, software or other outputs specifically identified in a SOW.
Equipment	hardware, devices, handsets, routers, accessories or other products supplied, loaned, leased or rented by Bluecube or a third party.
Initial Term	the minimum commitment stated in the Order.
IT Services	managed IT support, monitoring, administration, Microsoft 365 and cloud services, backup, cyber security, professional services and related services.
Network Services	fixed-line, hosted voice, UCaaS, broadband, Ethernet, leased-line, SIP, number, call-routing and related communications services.
Order	a proposal, order form, quotation or other ordering document accepted by both parties.
Personal Data	has the meaning given in UK data protection law.
Service	any IT Service, Network Service, Mobile Service, software, licence, support, project or Equipment supplied under an Order.
Service Start Date	the date a Service is activated, made available, connected or otherwise commenced, as identified in the Order or service records.
Third-Party Service	a service, platform, licence, carrier, cloud or supplier component provided by a party other than Bluecube.
User	an individual who uses or benefits from a Service.

3. Orders, service scope and changes

Bluecube will provide the Services described in the applicable Order using reasonable skill and care. Anything not expressly included is out of scope and may be quoted separately.

Estimates, target dates, migration plans and project plans depend on timely Customer decisions, information, access and third-party performance. Unless expressly stated as fixed, they are estimates only.

Bluecube may make changes that do not materially reduce the overall functionality or security of a Service, including replacing a supplier, carrier, software product or delivery method. Material changes will be notified where reasonably practicable.

3.1 Out-of-scope and chargeable work

projects, migrations, redesign, consultancy, training and documentation not listed in the Order;
support for unsupported, unlicensed, end-of-life, unauthorised or excluded systems;
work caused by Customer changes, misuse, failure to follow advice, physical damage, theft or environmental conditions;
incident response, recovery, forensic work or restoration beyond the included service scope;
on-site or out-of-hours work unless included in the Order; and
work required because a third party does not cooperate or a Third-Party Service fails.

3.2 Service quantities and true-up

Charges may be based on Users, devices, licences, sites, numbers, circuits, storage, consumption or another unit. Unless an Order states otherwise, increases apply from activation and reductions take effect only where permitted by the relevant commitment or supplier terms. Bluecube may reconcile actual quantities against billed quantities and invoice any shortfall.

4. Customer responsibilities

The Customer shall cooperate with Bluecube and do everything reasonably required for safe and effective delivery of the Services.

4.1 Core responsibilities

provide complete, accurate and timely information, asset records, network details, licences and documentation;
provide secure remote and physical access, administrator access, MFA approvals and suitable premises, power, cooling and connectivity;
appoint Authorised Contacts with authority to approve work, changes and Charges;
notify Bluecube promptly of joiners, movers, leavers, new sites, devices, vendors, planned changes and material changes in risk or compliance requirements;
maintain valid licences and supported hardware and software, replacing end-of-life or unsuitable items;
ensure Users comply with Applicable Law, acceptable use requirements and Bluecube security guidance;
maintain its own business continuity, incident management, insurance and legal or regulatory compliance arrangements; and
not permit another provider to make overlapping changes without prior coordination with Bluecube.

4.2 Instructions and authority

Bluecube may rely on instructions from an Authorised Contact and on anyone who reasonably appears authorised. The Customer is responsible for reviewing and updating its Authorised Contacts and for all instructions given using its accounts or credentials.

5. Managed IT and support services

IT Services apply only to the supported Users, devices, applications, tenants, networks and sites identified in the Order or accepted into management by Bluecube. Support includes only the activities stated in the Order and Service Description.

Unless the Order states otherwise, the service desk operates 08:30 to 17:00 on Business Days. Work outside those hours is subject to availability, supplier limitations and Bluecube’s then-current charges.

Incidents and requests must be logged through an approved channel and include sufficient information for diagnosis. SLA times begin when a valid ticket is recorded. Priority may be adjusted by Bluecube based on verified impact and urgency.

5.1 SLA status

SLA response, update and resolution figures are service targets rather than guarantees unless an Order expressly provides service credits. Target resolution excludes time awaiting Customer action, access, parts, supplier response, change approval or events outside Bluecube’s reasonable control. Non-business hours are excluded when calculating all SLA target times. For this purpose, business hours are 08:30 to 17:00 on Business Days, unless the applicable Order or Service Agreement expressly states otherwise.

5.2 Remote monitoring and management

The Customer authorises Bluecube to deploy and operate management, monitoring, security, backup and support agents on in-scope systems. The Customer shall not disable, remove or interfere with those tools. Bluecube may take proportionate emergency action to protect systems, data, users or other customers, including isolating a device, blocking a connection or suspending affected access.

6. Cyber security, incidents and shared responsibility

Cyber security is a shared responsibility. Bluecube will provide the controls expressly included in the Order, but no product or service can prevent every attack, vulnerability, human error or loss.

The Customer remains responsible for governance, risk acceptance, User behaviour, access approvals, classification and lawful use of data, controls outside Bluecube’s scope, and deciding whether Bluecube recommendations meet its legal and operational requirements.

6.1 Customer security duties

use multi-factor authentication, strong access controls and security settings recommended by Bluecube;
not bypass, disable or remove security, monitoring, filtering, application-control or backup tools;
promptly report suspected phishing, credential compromise, malware, data loss, anomalous activity or unauthorised access;
preserve evidence and follow Bluecube containment instructions;
ensure third parties accessing the environment meet suitable security standards; and
approve remediation, replacement or upgrade of identified vulnerabilities and unsupported technology.

6.2 Security incidents

Unless expressly included, investigation, containment, eradication, recovery, regulatory support and forensic work are chargeable. Bluecube may prioritise containment over availability and may involve specialist subcontractors. Bluecube does not warrant that all data will be recoverable or that an incident will not recur.

7. Backups, cloud and data recovery

Backup applies only to data sources, workloads and retention periods identified in the Order. Synchronisation, replication, recycle bins and native platform retention are not backups unless expressly stated.

The Customer is responsible for identifying critical data, agreeing recovery objectives, keeping data only in protected locations, and requesting or participating in restore testing. Restore times are targets and depend on data volume, connectivity, platform availability and the nature of the incident.

Bluecube is not responsible for data outside the agreed backup scope, data deleted before protection began, corruption replicated into backups, retention expiry, or failure caused by Customer or third-party interference. The Customer should maintain business-appropriate offline, immutable or alternative recovery arrangements where required by its risk profile.

8. Microsoft, software licensing and Third-Party Services

Third-Party Services are subject to the relevant supplier’s terms, acceptable use rules, service descriptions, privacy terms, technical limitations, lifecycle and availability. The Customer authorises Bluecube to accept or administer those terms on its behalf where necessary to provision the Service.

Licence and subscription commitments may be non-cancellable or non-reducible during the supplier commitment. The Customer must pay all Charges due for the committed period even if Users, devices or requirements reduce.

Bluecube is not responsible for a supplier’s outage, security event, price change, product withdrawal, feature change, data location, licensing decision or failure, but will use reasonable endeavours to coordinate with the supplier where included in scope.

9. Telecoms, connectivity and number services

Network Services are delivered using carriers and other third parties selected by Bluecube. Activation, bandwidth, speeds, coverage, porting and repair dates may depend on site conditions, surveys, Openreach, carriers and other providers. Quoted speeds and dates are estimates unless expressly guaranteed in the Order.

Bluecube’s responsibility for connectivity or UCaaS ordinarily ends at the stated service demarcation point. Customer LAN, Wi-Fi, cabling, power, devices and third-party applications are excluded unless specifically managed by Bluecube.

9.1 Customer telecoms obligations

keep telecoms Equipment secure and prevent unauthorised use, toll fraud, hacking, gateway activity and dial-through fraud;
not advertise or rely on a new number until Bluecube confirms that it is live and tested;
provide at least 90 days’ notice of unusual or materially increased usage where capacity may be affected;
comply with Applicable Law, Ofcom requirements and Bluecube’s acceptable and fair usage policies;
pay all call, data, roaming, premium-rate and usage charges recorded by Bluecube or its carrier, including unauthorised usage unless caused directly by Bluecube’s breach; and
provide site access and complete any required site preparation at its cost.

9.2 Provisioning, porting and cessation

The Customer is responsible for accurate porting information, authority to port numbers, and maintaining any losing-provider service until completion. Bluecube is not liable for service or feature loss caused by inaccurate information or third-party delay.

Site survey, wayleave, construction, engineering, abortive visit, failed installation, cease, port, migration and third-party termination charges are payable by the Customer. Bluecube may apply its then-current administration charges in addition to third-party costs.

9.3 Equipment and emergency calling

The Customer must keep location and user information current for any service supporting emergency calls and follow service-specific instructions concerning power failure, internet failure, nomadic use and emergency access. Hosted and IP-based voice services may not operate during loss of power or connectivity.

10. Mobile services

Mobile airtime may be contracted directly with an Airtime Service Provider or supplied through Bluecube, as stated in the Order. The Customer is responsible for usage, Users, device security, roaming controls, content, SIMs and compliance with the airtime provider’s terms.

Any incentive, subsidy, buyout or reimbursement is subject to the conditions in the Order and may be reclaimed if the relevant service ends early or the provider claws back commission. Lost or stolen devices and SIMs must be reported immediately. The Customer remains responsible for charges incurred before blocking takes effect.

11. Equipment, delivery and risk

Title to purchased Equipment passes only when Bluecube receives payment in full. Risk passes on delivery. Equipment supplied under rental, lease, loan or managed-hardware arrangements remains the property of Bluecube or the funder and must be protected, insured and returned on request or termination.

Manufacturer warranties apply subject to their terms. Bluecube may charge for inspection, repair, replacement, collection, delivery, configuration, installation, de-installation and work not covered by warranty. The Customer must erase or authorise erasure of data before return where practical and remains responsible for secure disposal of Customer-owned hardware.

12. Charges, invoicing and payment

Charges are as stated in the Order or, where not stated, Bluecube’s then-current rates. Charges exclude VAT and other applicable taxes. Recurring and line-rental Charges may be invoiced in advance; usage, projects and variable Charges may be invoiced in arrears.

Unless an Order states otherwise, invoices are payable within 30 days by Direct Debit. The Customer shall pay undisputed amounts in full without withholding, deduction, counterclaim or set-off.

Bluecube may pass through supplier, carrier, licensing, tax, exchange-rate and regulatory increases and may change other Charges on reasonable notice. Usage is calculated from Bluecube or supplier records; where records are delayed, Bluecube may estimate and reconcile later.

12.1 Late payment and disputes

If payment is overdue, Bluecube may charge statutory interest and compensation, reasonable recovery costs and its published administration fee. Bluecube may suspend Services after notice where reasonably practicable, require a deposit or payment in advance, and recover reconnection costs.

Invoice disputes must be raised promptly in writing with details and supporting evidence. The Customer must continue paying all undisputed sums. A correction does not create a right to withhold future payments.

13. Term, renewal, suspension and termination

Each Service starts on its Service Start Date and continues for the Initial Term stated in the Order. Unless the Order or mandatory law states otherwise, Bluecube reserves the right to renew, and will automatically renew, the relevant Customer agreement for a further period equal in length to the Initial Term. Automatic renewal will not take place where the Customer gives Bluecube written notice of cancellation at least 90 days before the end date of the then-current agreement period. Following any renewal, the same renewal mechanism will apply at the end of the renewed period unless the Order expressly states otherwise or mandatory law requires a different arrangement.

Either party may terminate an affected Order if the other commits a material breach and, where capable of remedy, fails to remedy it within 14 days after written notice. Either party may terminate immediately for insolvency or cessation of business, subject to Applicable Law.

Bluecube may suspend or terminate an affected Service for overdue payment, fraud or suspected fraud, unlawful or abusive use, security risk, breach of supplier terms, withdrawal of a required licence or supplier service, or a serious threat to Bluecube, the Customer or another customer.

13.1 Early termination and consequences

If the Customer terminates early other than for Bluecube’s uncured material breach, or Bluecube terminates for the Customer’s breach, the Customer must pay all accrued Charges, committed third-party costs, unrecovered Equipment and setup costs, and Charges that would have fallen due for the remainder of the minimum commitment, less costs Bluecube reasonably saves. This is intended to compensate Bluecube for loss, not to impose a penalty.

On termination, licences and access rights end, rental or loan Equipment must be returned, and all outstanding invoices become immediately due. Bluecube may charge its standard rates for transition assistance, data export, decommissioning, porting and continued use after termination.

14. Data protection and confidentiality

Each party shall comply with applicable UK data protection law. The Customer is normally the controller of Personal Data processed through the Services and Bluecube is the processor, except where each acts independently as controller. Where Bluecube acts as processor, the parties shall enter into or be bound by Bluecube’s applicable DPA.

The Customer shall ensure it has lawful grounds, transparency notices, permissions and instructions for Bluecube and its subprocessors to process Customer Data. Bluecube may use service telemetry and aggregated or anonymised information to operate, secure and improve its services, provided it does not identify the Customer or individuals.

Each party shall protect the other’s Confidential Information using reasonable care and use it only for the Agreement. Disclosure is permitted to personnel, professional advisers, suppliers and regulators who need to know and are subject to suitable duties, or where required by law.

14.1 Customer Data on exit

Before termination, the Customer must request any available export and ensure it has replacement arrangements. Subject to the DPA, supplier capabilities and legal retention obligations, Bluecube may delete Customer Data after the applicable service ends. Retrieval, conversion or restoration may be chargeable.

15. Intellectual property

Each party keeps ownership of intellectual property it owned or developed independently of the Agreement. Bluecube and its licensors retain ownership of tools, methods, templates, scripts, documentation, configurations, know-how and generic materials used to deliver the Services.

Once all applicable Charges are paid, Bluecube grants the Customer a non-exclusive, non-transferable licence to use Deliverables created specifically for the Customer for its internal business purposes. Third-party software remains subject to the supplier’s licence. The Customer may not copy, resell, reverse engineer, sublicense or commercially exploit Bluecube or third-party intellectual property except as permitted by law or written agreement.

16. Warranties and disclaimers

Bluecube warrants that it will perform the Services with reasonable skill and care. Except as expressly stated, all other warranties, representations and conditions are excluded to the fullest extent permitted by law.

Bluecube does not warrant that Services will be uninterrupted, error-free, immune from cyber attack, compatible with every system, or that all faults or data can be resolved or recovered. Advice and recommendations depend on information available at the time and do not replace the Customer’s legal, regulatory, financial, insurance or specialist advice.

17. Liability

Nothing in the Agreement limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.

Subject to the paragraph above, neither party is liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill, reputation, use, software or data, or for indirect, special or consequential loss. Bluecube is not liable for unauthorised telecoms usage, toll fraud, third-party carrier charges, or acts or omissions of suppliers outside Bluecube’s reasonable control.

Subject to the exclusions above, each party’s total aggregate liability arising from an Order in any rolling 12-month period shall not exceed the Charges paid or payable under that Order in the 12 months immediately before the event giving rise to the claim. If the event occurs in the first 12 months, the cap is the Charges paid or payable for the first 12 months of that Order.

Each party shall take reasonable steps to mitigate loss. The Customer should maintain appropriate insurance, backups, continuity plans and alternative communications proportionate to its reliance on the Services.

17.1 Specific exclusions

Bluecube is not liable to the extent loss is caused by the Customer, a User, an unauthorised person, unsupported or excluded technology, inaccurate information, failure to follow advice, failure to approve recommended work, Customer breach, or a Third-Party Service. Nothing in this clause relieves Bluecube of responsibility for its own breach where liability cannot lawfully be excluded.

18. Indemnities

The Customer shall indemnify Bluecube against third-party claims, regulatory costs and reasonable professional expenses arising from the Customer’s unlawful content or use, infringement caused by Customer materials or instructions, unauthorised telecoms gateway or fraudulent usage, or the Customer’s material breach of its data protection or acceptable use obligations. This indemnity does not apply to the extent caused by Bluecube’s breach or negligence and is subject to the liability cap except where Applicable Law permits otherwise.

19. Force majeure

Neither party is liable for delay or failure caused by an event beyond its reasonable control, including failure of power, internet, cloud platform, carrier or supplier; cyber attack not caused by that party’s breach; industrial dispute; natural disaster; epidemic; war; civil disorder; government action; or regulatory change. The affected party shall use reasonable endeavours to reduce the impact. Payment obligations for Services already supplied are not excused.

20. Notices and communications

Contractual notices must be in writing and sent to the registered office or notified contract email address. Notices by email are deemed received on the next Business Day if no delivery failure is received. A termination notice must clearly identify the Customer, affected Service or Order, and requested termination date.

Operational communications, security alerts, planned maintenance and changes may be sent by email, service portal, invoice message or website notice. The Customer must keep its contact details current.

21. General

The Customer may not assign, transfer, subcontract or otherwise deal with the Agreement without Bluecube’s prior written consent. Bluecube may assign the Agreement to a group company or as part of a business transfer and may subcontract delivery while remaining responsible for its contractual obligations.

No failure or delay to exercise a right is a waiver. If a provision is invalid or unenforceable, it will be adjusted to the minimum extent necessary and the remainder continues. Nothing creates a partnership, joint venture, agency or employment relationship.

The Agreement is the entire agreement concerning its subject matter and replaces previous discussions and understandings. A variation must be in writing and agreed by authorised representatives, except for changes expressly permitted by these terms. A person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce it.

22. Governing law and disputes

The Agreement and any non-contractual obligations arising from it are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except where mandatory regulation requires another process.

The parties shall first try in good faith to resolve disputes through operational and senior-management escalation. Customers entitled to use an approved communications Alternative Dispute Resolution scheme retain that right in accordance with applicable rules; current details should be stated in Bluecube’s Complaints Code or provided on request.