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Terms of Service

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These Terms of Service ("Terms") govern the supply of hosting, infrastructure, domain, certificate and software services by LBREEZE LIMITED to the person or organisation that opens an account with us. By opening an account, placing an order or using any service, you agree to these Terms.

1. Who we are and how to reach us

LBREEZE LIMITED ("lbreeze", "we", "us", "our") is a private limited company registered in England and Wales under company number 15422629, with its registered office at 83 Second Avenue, London E12 6EN, United Kingdom. Our VAT registration number is GB459529447.

Use the right address and we will answer faster:

Notices to you are sent to the email address on your account, and it is your responsibility to keep that address current and monitored. A notice sent by email is treated as received on the next working day after sending. Notices to us take effect when we acknowledge them, or two working days after delivery to the registered office above, whichever is earlier.

2. What this agreement consists of

The agreement between us is made up of these Terms, your order (the plan, quantity, term and price you selected at checkout or in a written quotation), and the following policies, each of which is incorporated by reference and published on this site:

If those documents conflict, the order of precedence is: a signed written agreement between us, then your order, then these Terms, then the policies above. Nothing in a purchase order, supplier portal or standard terms issued by you forms part of this agreement, even if we acknowledge or sign it, unless we expressly agree in writing that it varies these Terms.

3. Your account and your users

You must give accurate registration details and keep them up to date. We may refuse to open an account, and we may close an account, where the details given are false, where we cannot verify identity, or where opening the account would breach sanctions, export control or other legal obligations.

You are responsible for everything done through your account, whether by you, your staff, your own customers or anyone else you give access to, and whether or not you authorised it. Keep credentials confidential, use a distinct password, and enable multi-factor authentication where we offer it. Tell us immediately at support@lbreeze.com if you believe credentials have been compromised. We are not liable for loss arising from your failure to protect credentials, but we will act promptly to help you contain a compromise once you tell us about it.

Where you resell our services or host other people's workloads, you remain our sole customer. You are responsible to us for your own customers' compliance with this agreement, and you must impose terms on them that are at least as protective as these.

4. The services

We supply infrastructure and platform services, which may include virtual private servers, virtual machines and Incus-based instances, managed deployment automation, domain registration and renewal as a reseller, TLS certificates as a reseller, and licences to our self-hosted software products. What you get is what your order says, at the resource limits stated on the plan.

Provisioning is automated. We aim to complete it within minutes of a successful payment and a completed fraud check, but we do not guarantee a provisioning time, and delays caused by upstream suppliers, registries, certificate authorities or payment verification are not a breach of this agreement. If we cannot provision a service you have paid for within 72 hours, you may cancel that order and we will refund it in full.

We may change how a service works, replace underlying components, and add or withdraw features. Where a change materially reduces the functionality or resources of a service you are paying for, we will give you at least 30 days' notice by email, and you may terminate the affected service without penalty before the change takes effect and receive a pro-rata refund of prepaid fees.

Responsibility for what runs inside your environment is set out in the Shared Responsibility Statement. In summary: we run the platform, you run what you put on it.

5. Fees, billing and tax

Prices are those shown at checkout or in your quotation, in the currency stated, and exclude VAT and other applicable taxes unless the price is expressly marked as inclusive. VAT is charged at the prevailing rate where it applies. Where you are a business customer in a country that applies a reverse charge, you must give us a valid VAT or tax registration number, and you remain responsible for accounting for the tax.

Services are billed in advance for each billing cycle and renew automatically at the end of each cycle until cancelled. We take payment on the renewal date using the payment method on file. Invoices are due on issue unless your account has agreed payment terms in writing.

If an invoice is not paid by its due date we may charge interest and a fixed recovery cost, and we may apply the late fees configured on your account, which are shown on the invoice. For business customers, statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 applies. We will send reminders before any suspension, as described in clause 8.

We may change our prices. For any service you are already paying for, a price increase takes effect at your next renewal after at least 30 days' notice, and you may cancel before that renewal rather than accept it. Prices for domains and certificates are the exception: registry, registrar and certificate authority price changes, including changes imposed at short notice, are passed through at the next renewal, and we will tell you the new price before we take payment.

6. Term, renewal and cancellation

Each service runs for the billing cycle you selected and renews automatically for successive cycles of the same length. You may cancel a service at any time from your account or by writing to billing@lbreeze.com. Cancellation takes effect at the end of the current billing cycle unless you ask for immediate cancellation, which stops the service at once and does not entitle you to a refund of the current cycle except as set out in the Refund and Cancellation Policy.

If you are a consumer, you have a statutory right to cancel a distance contract within 14 days. That right, how to exercise it, and what happens when you ask us to start work inside the 14 days, are explained in the Refund and Cancellation Policy. Nothing in this agreement removes that right.

Either party may terminate this agreement on 30 days' written notice if no services are active. Either party may terminate immediately if the other commits a material breach that is not remediable, or fails to remedy a remediable material breach within 14 days of written notice, or becomes insolvent, enters administration or has a receiver appointed.

7. Your obligations

You must use the services lawfully and in accordance with the Acceptable Use Policy. You must not use the services in a way that damages the stability, security or reputation of our network, or that harms other customers.

You are responsible for securing and maintaining what you run: operating system hardening, patching, application configuration, access control, and the security of any software you install. You are responsible for compliance with the laws that apply to your own activities and content, including data protection, consumer, financial services, gambling and content laws in the territories you operate in.

You are responsible for your own backups unless you have bought a backup service from us. Where you have bought one, its scope, frequency and retention are as stated on the plan. Even then, you should keep an independent copy of anything you cannot afford to lose.

8. Suspension and termination for cause

We may suspend a service, in whole or in part, where: an invoice is overdue and remains unpaid after the reminders described in your account's dunning schedule; we reasonably believe the service is being used in breach of the Acceptable Use Policy; the service is compromised, is attacking others, or presents a security risk to our network or to third parties; or we are required to suspend by law, by a court order, or by a registry, registrar or certificate authority.

Except where the risk is immediate, we will give you notice and a reasonable opportunity to fix the problem before suspending. Where the risk is immediate, such as an active attack, an ongoing compromise or unlawful content, we may suspend first and tell you promptly afterwards, and we will limit the suspension to what is necessary.

We may terminate a service that has been suspended for non-payment for 14 days, or suspended for breach for 14 days without remedy. On termination for cause, no refund is due, and fees for the remainder of a committed term become immediately payable.

On any termination, we will retain your data for the period stated in the Privacy Policy retention schedule so that you can retrieve it, and will then delete it. Ask us before termination if you need an export; we will provide reasonable assistance, and may charge our standard rates for assistance that goes beyond giving you access to your own data.

9. Service levels and support

Where your plan includes a Service Level Agreement, availability targets, how availability is measured, what is excluded and what service credits you can claim are set out in that document. Service credits are the sole and exclusive remedy for failure to meet an availability target, except where the failure also amounts to a material breach entitling you to terminate.

Support is provided as described in the Service Level Agreement. Support covers the services we supply, their configuration, and problems we are responsible for. It does not cover development work, application debugging, third-party software, or administration of your own workloads, unless you have bought a managed service that says so.

10. Data protection

Where we hold personal data about you as our customer, about your staff and about people who contact us, we are the controller and the Privacy Policy explains what we do with it.

Where personal data is inside your virtual machines, containers or self-hosted applications, you are the controller and we are your processor in respect of the hosting of it. The Data Processing Addendum sets out the terms required by Article 28 of the UK GDPR, including our sub-processors, the security measures we apply, how we handle requests from your data subjects, and what happens to the data at the end of the service. It forms part of this agreement and you do not need to sign a separate copy.

11. Intellectual property

You keep all rights in your content, your data and anything you create using the services. You grant us only the licence we need to host, transmit, back up and display that content in order to provide the services, and to comply with legal obligations.

We keep all rights in our platform, our software, our documentation and our branding. Nothing in this agreement transfers ownership of any of it. Your rights to our self-hosted software are set out in the Software Licence Terms.

If you give us feedback or suggestions, we may use them without restriction and without owing you anything. We will not identify you as the source without your consent.

12. Confidentiality

Each party may receive information from the other that is confidential. Each party will keep the other's confidential information secret, use it only to perform this agreement, and disclose it only to staff and advisers who need it and who are bound by equivalent duties. This does not apply to information that is public through no fault of the recipient, was already known, is independently developed, or must be disclosed by law or by a regulator, in which case the disclosing party will be told first where it is lawful to tell them. These duties continue for three years after this agreement ends, and indefinitely for anything that is a trade secret.

13. Warranties and disclaimers

We warrant that we will supply the services with reasonable care and skill, using appropriately qualified people, and in accordance with the Service Level Agreement where one applies.

Beyond that, and to the extent the law allows, the services are provided as they are. We do not warrant that they will be uninterrupted or error-free, that they will meet your particular requirements, or that any defect can be corrected. We do not warrant third-party software, images or templates that we make available for convenience, including open-source components deployed by our automation.

If you are a consumer, nothing in this clause affects your statutory rights, including your rights under the Consumer Rights Act 2015 to services performed with reasonable care and skill and within a reasonable time. Those rights cannot be excluded or limited by this agreement.

14. Limitation of liability

Nothing in this agreement limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of the statutory implied terms as to title, or for anything else that cannot lawfully be limited or excluded. For consumers, nothing in this agreement limits liability that cannot be limited under the Consumer Rights Act 2015.

Subject to that, and where you are a business customer:

Neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or opportunity, loss of goodwill, or for any indirect or consequential loss, however caused.

We are not liable for loss or corruption of data held inside your environments, except to the extent it is caused by our breach of this agreement or our negligence, and in any event our liability for data is limited to the cost of restoring from a backup we were contractually required to hold.

Our total liability arising out of or in connection with this agreement in any period of 12 months is limited to the total fees you paid us for the affected service in the 12 months before the event giving rise to the claim, or £1,000 if that is greater.

We are not liable for failures of upstream network providers, registries, registrars, certificate authorities or payment processors, beyond our obligation to choose them with reasonable care and to pursue remedies available to us on your behalf where it is reasonable to do so.

15. Indemnity

Where you are a business customer, you will indemnify us against claims, losses, fines and reasonable legal costs arising from: content you or your users store, transmit or publish through the services; your breach of the Acceptable Use Policy; your infringement of a third party's intellectual property; and any claim by your own customers relating to services you resell. We will tell you promptly about any such claim, will not settle it without your consent, and will let you conduct the defence at your cost if you confirm in writing that the indemnity applies.

16. Changes to these Terms

We may change these Terms to reflect changes in the law, in the services, or in how we operate. We will publish the new version on this site with the date it was last updated, and where the change materially affects your rights or obligations we will email you at least 30 days before it takes effect. If you do not accept a material change, you may terminate the affected services before it takes effect and we will refund prepaid fees for the unused period. Continuing to use the services after the change takes effect means you accept it.

17. Events outside our control

Neither party is liable for failure or delay caused by an event beyond its reasonable control, including war, terrorism, civil unrest, government action, sanctions, epidemic, flood, fire, failure of public telecommunications or power networks, and the failure of an upstream supplier where no equivalent is reasonably available. The affected party will tell the other promptly and will do what it reasonably can to reduce the effect. If the event continues for more than 30 days, either party may terminate the affected service, and we will refund prepaid fees for the unused period.

18. General

You may not assign or transfer this agreement without our written consent, which we will not unreasonably withhold. We may assign it to a company that acquires our business, and we may use subcontractors and suppliers to perform our obligations, but we remain responsible to you for their performance.

Nothing in this agreement creates a partnership, agency or employment relationship. A person who is not a party has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

This agreement is the entire agreement between us about its subject matter and replaces any earlier statement, representation or understanding, except that nothing excludes liability for fraudulent misrepresentation. If any provision is found unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it.

19. Complaints and disputes

If something goes wrong, write to support@lbreeze.com first. We will acknowledge a complaint within one working day and give a substantive response within 10 working days, or tell you why we need longer. If you are not satisfied, escalate it to legal@lbreeze.com, and a person not involved in the original response will review it.

If we cannot resolve a complaint from a consumer, we do not participate in an alternative dispute resolution scheme. This does not affect your right to go to court at any time.

20. Governing law and jurisdiction

This agreement and any dispute arising out of it, whether contractual or not, is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If you are a consumer resident elsewhere in the United Kingdom, you keep the benefit of any mandatory protections of the law where you live, and you may bring proceedings in the courts of your own part of the United Kingdom.