Terms & Conditions

Please read these terms and conditions ("Terms") relating to your use of the proQloud.com web site (the "Site").

The Site provides access to a number of services including:

  • Facility to host a website;
  • Facility to transfer audio files;
  • Facility to accept online orders;
  • Facility to invoice third parties

("the Service")

By accessing the Site you are agreeing to the terms that appear below. In particular please review the section headed Warranty and Liability which contains important information about your rights and remedies. If you do not agree to these Terms, please exit the Site.

  1. Services
    1. Following your successful registration to this Site, you may input data and upload music and image files to be reproduced on your proQloud website.
    2. You may use our file transfer facility to send files to your clients. You may also invite your clients to send you files via the same facility.
    3. Responsibility for fulfilling any online orders that you receive via our Site remains with you at all times.
    4. You retain responsibility for complying with all financial, book-keeping and tax regulations in the country where you reside.
  2. Payment
    1. In consideration of us supplying the Services you will pay us a subscription amount identified by us in the payment page of the Site.
    2. Unless otherwise agreed in writing the payment mechanism shall be as follows:
      1. Before registering on the Site you will be required to authorise payment of the subscription by way of credit card pre-authorisation on a secure third party internet site;
      2. Once the pre-authorised has been approved by the third party payment site you may use the Service without charge for 30 days;
      3. Upon expiry of the 30 day free trial we will take payment from your registered card;
      4. Thereafter, on the same day every calender month, or on the same day every year if an annual subscription is chosen, we will debit your card by the subscription amount;
      5. Payment terms are monthly in advance for a monthly subscription or annually in advance for an annual subscription. No refunds will be offered if you cancel within the subscription period;
      6. You are free to canel at any time. Upon cancellation we will carry on providing the Service until the end of the subscription period unless we receive written instructions from you to terminate the Service sooner.
    3. All amounts identified are inclusive of VAT and other applicable taxes.
    4. If your subscription payment is declined we we may suspend performance of the Services until such payment has been made in full.
    5. Upon cancellation of the service by you, the option of permanently deleting all your data will be offered. Deletion is permanent and the data cannot thereafter be recovered.
    6. We shall be entitled to increase or decrease the charge for subscriptions from time to time by giving notice to the Customer.
  3. Content
    1. All intellectual property rights in all the materials contained in the Site, the software online quotations and products available for download from the Site and the data collected by the Site (the "Content") including but not limited to patents, copyright, database right and trademarks belong to us or our licensors.
    2. You may access and view the Content and may retrieve and display Content on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store such Content in electronic form on your computer's local hard-disk for your personal, non-commercial use only.
    3. You may not otherwise copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission. The Content includes a number of trade marks that are owned by us or our licensors. By making the trade marks available on the Site we are not granting you any licence to use them.
    4. You are responsible for ensuring that you own the copyright, or have written permission from the copyright-holder, of any content (audio, photgraphic or otherwise) uploaded by you to be displayed or played on your Audio Pro website.
  4. Access
    1. You may not gain access, or attempt to gain access, by any means to of our computer system or database, other than the Site.
    2. We reserve the right to terminate your access to the Site or to update, alter or supplement any or all of the Content at any time.
    3. You agree to use the Site and the Content in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not (in our sole judgment) negatively reflect upon our goodwill or reputation.
    4. Any access to or use of the Site or its Content that is inconsistent with the terms herein is unauthorised and strictly prohibited without our prior consent.
    5. You agree that your use of the Site and its Content will be in compliance with any additional user requirements provided by us from time to time.
  5. Online Facility If you use our on-line facility:-
    1. We may, but have no obligations to, issue to you information specifically assigned to you which enables you to access the on-line facility contained within the Site ("Password").
    2. You shall not use and /or access or attempt to use and /or access any password or account details which we have not specifically assigned to you.
    3. You agree that you are responsible for maintaining the confidentiality of your Password and account details and are fully responsible for all activities using your Password and account details.
    4. You agree to immediately notify us of any unauthorised use of your Password or account details and agree to exit your account at the end of each session.
    5. The ownership of all audio or other material you upload to the Site is retained by you. Whilst we will takes such steps as we feel appropriate to protect your audio or other materials we cannot guarantee the same. FOR THE AVOIDANCE OF DOUBT WE HEREBY EXCLUDE ALL LOSSES, DAMAGES, COSTS, EXPENSES OR SUCH OTHER LIABILITIES RELATING TO ANY LOSS OR UNAUTHORISED ACCESS OF YOUR AUDIO AND/OR MATERIALS.
  6. Warranty and Liability
    1. The Content is only for general information and use and is provided on an "as is" and an "as available" basis. We take reasonable care to check the accuracy and completeness of the Content prior to its publication on the Site. However, because of the nature of electronic distribution via the Internet we make no representations and give no warranties as to the accuracy, availability, completeness, merchantability or fitness for any particular purpose of the Content.
    2. We do not warrant that the Content or Materials are virus-free or that the operation of the Site will be uninterrupted or error free. Any Content or Material that you download to your computer or otherwise obtain through the Site is at your own discretion. You will be solely responsible for any damage to your computer or any of your data that results from you downloading any of the Content or Material.
    4. Notwithstanding the provisions of this Section, our liability is not limited in the case of death or personal injury directly caused by our negligence.
  7. Separate Terms and Conditions
    1. It may be possible for you to access via this Site or via other web sites operated by us to which this Site is linked, the facility to purchase products and/or services. The purchase and use of such products and/or services will be subject to separate terms and conditions.
  8. Changes
    1. We reserve the right to modify these Term at our sole discretion at any time by posting a revised version or any amendments on the Site.
    2. Any such modifications will supersede all prior versions after the revised version has been posted on the Site. By using the Site after the date of any change you are agreeing to the changes. If you do not agree to any changes you should not use the Site any after the date of the changes that you do not accept.
  9. Privacy
    1. We take your privacy seriously and aim to comply with the relevant provisions of UK Data Protection Act 1998. Any information given to us by you or collected by us during your use of the Site will only be used in a manner consistent with providing services in relation to the Site.
    2. proQloud staff will have no access to any data pertaining to your personal business. This includes but is not limited to: invoices and financial information, orders, and files sent or received through proQloud. A clear distinction will be maintained between information submitted by you for the purposes of creating your proQloud account and any commercial or private data you choose to store within your proQloud account.
  10. General Matters
    1. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect.
    2. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
    3. These terms shall be governed by, and construed in accordance with, English law. You agree that the Courts of England shall have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms.
    4. The headings in these terms are solely for convenience of reference and shall be given no effect in the construction or interpretation of these terms.

The Site is owned and operated by Donal Whelan trading as Mastering World ("us" or "we"). If you have any questions or queries about this Site or relating to these terms please use the relevant contact details set out on the Contact Us page.