Terms of Service

10 August 2023

Last Updated: 10 August 2023

You can see our previous version here.

This website is operated by RunCloud Sdn Bhd. Throughout the site, the terms “we”, “us”, “RunCloud” and “our” refer to RunCloud Sdn Bhd. RunCloud Sdn Bhd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). Our Acceptable Use Policy (“AUP”) governs your use of our Service in detail and by using our Service, you agree to abide by all the policies in our AUP. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to us that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Please note that RunCloud doesn't provide warranties for the Services. This contract also limits our liability to you.

Description of Service

RunCloud is a SaaS server manager for PHP servers. RunCloud manages your servers by provisioning your server with the best tweaks and settings available. Servers which clients connect to RunCloud is under the provider terms of use. RunCloud will not be responsible if the server has been took down due to the violation of term of use by the provider.

Server Security

Subscriber is solely responsible for maintaining the security of Subscriber's servers that are created via the RunCloud service. RunCloud shall have no liability for any security breaches or data breaches of Subscriber's servers, even if those servers were initially created and provisioned by RunCloud. RunCloud does not guarantee the security of any of Subscriber's servers, even if those servers were initially created and provisioned by RunCloud. We follow strict, industry leading security measures to manage servers. We will NEVER access your server without your explicit request for us to do so. If your server needs manual intervention from us, you must request our help and give us your permission to access your server before we will be able to assist you.

Backup

Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its server (the “Data”). RunCloud shall have no liability for any Data that may be lost.

Fees for Services

You agree to pay RunCloud any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the payment method you select through your billing page. You agree that the payment you made either by subscription of credit top-up or any fees paid by you are non-refundable, subject to our Refund Policy.

Subscriptions

RunCloud Services are billed on a subscription basis (we call these “Subscriptions”). You will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly or yearly and your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your billing page. You may cancel auto-renewal on your Subscription at any time, and your Subscription will only stop at the end of your billing date.

Free Trials

New sign-ups will be required to add a working payment method to avail of the 7-day Free Trial during the sign-up process. The Trial plan made available to you will be the Server Management plan of your choice.

  • Extension

    If you required more time to explore our product, please get in touch with our support team for the Trial extension before the Trial period ends. Extension requests after the end of the Trial period or Trial cancellation will not be entertained. You can continue using our service by subscribing worry-free with our 14-day, no-questions refund policy for first-time users.

  • Cancellation of Trial

    You may cancel the Trial at any time through our dashboard. Upon cancellation, your account will be downgraded to the Free Server Management Plan and subject to its limitation.

  • Subscription Starts

    If you don’t cancel the Trial before the 7th day, you’ll be charged in full on the 8th day according to the Server Management plan you chose at the beginning of the Trial plan. This date will be the start date of your billing cycle.

  • Payment Method

    By providing the payment information to our system, you authorise us to charge you the subscription fee following the completion of the trial period unless the Trial is cancelled or a trial extension is approved. The payment method, e.g., credit card details provided during the sign-up process will be only used for billing purposes. Users are responsible for ensuring their payment details are accurate and up to date.

Failed Payments and Outstanding Account Balances

In the event that a payment fails during the renewal process, our integrated payment system (Stripe) will initiate multiple payment attempts within a grace period of 7 days. Furthermore, our system will promptly dispatch reminders for manual intervention. If no action is taken, an extended grace period of 3 days will be provided, during which manual authorization for payment becomes necessary.

Should the outstanding balance remain unresolved after a total of 10 days, the account status will be updated to unpaid, and the outstanding balance will continue to accumulate from the original due date onwards. Additionally, the following repercussions will be triggered for accounts with unsettled balances:

  1. The SSL certificate will be revoked shortly after the initial 10-day grace period has concluded.

  2. Backup services will cease once the account is locked following the grace period. The backup copies will be deleted 30 days after the initial due date.

  3. The RunCloud Agent, responsible for managing server-related services, will be deactivated, causing server downtime to commence 20 days after the initial due date.

Any payments made beyond the grace period will trigger the initiation of a new billing cycle. This new cycle will encompass the accrued outstanding balance for the active days until the deactivation of the RunCloud Agent. Once the deactivation occurs, all services will cease, and the account will be scheduled for eventual removal.

It is imperative to emphasize that while our services will be withdrawn, the server itself will not be erased. In instances where a server was previously configured through our control panel but now operates independently of our platform and remains detached from our control panel, service disruption will also be experienced.

Change of Plan

RunCloud subscription model has changed to the single plan subscription in August 2022.

You may change your plan at any time in between the billing cycle. Change of plan to a higher or lower plan may incur a cost. Upon successful change of plan, the new subscription fees become immediately applicable, and the default payment method will be charged after deducting the available credit balance from your account. The new starting billing cycle date will be the date of the successful plan change.If the change is from a higher plan to a lower plan, the balance will be credited to the credit balance, if any and subject to our Refund Policy.Adding add-ons to the subscription, e.g., Backup Storage, will be prorated according to the active billing cycle and will not change the billing cycle date.

Cancellation of Subscription

You may cancel your subscription at any time for any reason. If you cancel a subscription, you may use the Service until the end of your billing cycle. Upon cancellation, the auto-renewal is revoked, and you'll no longer be charged. You may resume the subscription due to a change of mind if the end date of the billing cycle does not exceed, and auto-renewal will be back to active. Downgrading or cancelling your subscription may cause loss of content, features, or capacity of the Service as available to you, and RunCloud does not accept any liability for such loss.

  • Server Management Plan

    If you cancel the subscription, you will be downgraded to the Free Server Management plan automatically after the end of your billing cycle and obliged to its terms and conditions.

  • Free Server Management Plan Terms and Conditions

    This plan is a temporary plan. If your plan has been downgraded to the Free Server Management plan for any reason, the trial ends, accidentally or by choice, you are obliged by the terms and conditions below.

    Accounts with this plan will be deleted after 90 days. Any servers connected to this account will remain locked and will be detached from our ecosystem after 90 days.

    Exception to the clause: If the account with this plan is invited as a Team Member, the account deletion process will be revoked, and the user will only be able to access the server shared by the Team account owner.

    If the account is then removed from the Team, the 90 days deletion countdown will start again.

  • Backup Storage

    If you cancel the subscription, the Backup Site(s) will be disabled immediately, and no further backup will be created. The new creation of a Backup Site will be subject to the Backup Storage provided with the Server Management plan.

Price Changes

RunCloud may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. RunCloud will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

SUSPENSION AND TERMINATION OF USE OF THE SERVICE

RunCloud may terminate your Subscription at the end of a billing cycle by providing at least 30 days' prior written notice to you. RunCloud may terminate your Subscription for any reason by providing at least 90 days' written notice to you.

RunCloud may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Data from that Service.

NO WARRANTY

RUNCLOUD PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNCLOUD MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation Of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF RUNCLOUD HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT RUNCLOUD WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST RUNCLOUD ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF RUNCLOUD'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

Changes and Updates

RunCloud may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the RunCloud website.

If an amendment is material, as determined in RunCloud sole discretion, RunCloud will notify you by email. Notice of amendments may also be posted to RunCloud blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require RunCloud to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

RunCloud constantly changes and improves the Services. RunCloud may add, alter, or remove functionality from a Service at any time without prior notice. RunCloud may also limit, suspend, or discontinue a Service at its discretion. If RunCloud discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to prepare and export a copy of your Data from that Service. RunCloud may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.