Effective Date: 10 May 2018.
1. Introduction and definitions
1.1 We are PythonAnywhere LLP. Our company information is at the end of this document.
1.2 These terms and conditions set out the agreement between us and the individual or organisation applying for the provision of our Services. By registering with us, you offer to enter a legal contract with us. We will send you a confirmation email after you register. This is our acceptance of your offer and the point at which a legally binding contract is formed. Note that if you subscribe for a paid account in future, that will be under this same contract and subject to the then-current version of these terms and conditions.
1.3 Please print or save these terms for future use as we will not keep a file copy specifically relating to our dealings with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in the English language only.
1.4 We explain in the headings what each clause covers. These headings are for guidance only and are not legally binding. When we say "including", we mean "including without limitation".
1.5 The following have particular meanings in these terms and conditions:
2. Changes to the terms and conditions
2.1 We may need to change the terms and conditions. If so, we will post notice on our website for a reasonable period before the change takes effect. Please check our site constantly. If you continue to use our Services after the effective date of the revised terms and conditions, you will be bound by them.
2.2 If you are a Consumer with a paid-for account and you don't agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by giving us notice by email to email@example.com before the effective date of the revised terms and conditions. If so, we will refund any advance payments referable to the period after your termination
3. The Services
3.1 We do not promise:
3.2 You acknowledge that we may have to suspend the Services for repair, maintenance or improvement. If so, we will use reasonable endeavours to restore them as quickly as is reasonably possible.
3.3. We may change or discontinue any part of the Services at any time.
4.1 The Services include support only insofar as specified on our website. If so, we will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems but do not guarantee that response times or rectification will be achieved.
4.2 We shall not in any event be obliged to supply support:
4.2.2. where you are using anything other than the most recent version of any relevant software;
4.2.3. where you or any third party not authorized by us has modified the relevant software or attempted to resolve the problem; or
4.2.4. if any fees due to us are unpaid.
4.2.5. Any support which we agree to supply in addition to that covered by agreement between us shall be charged at our then current standard rates and such fees shall be payable within 14 days of invoice.
5. Your obligations and promises
5.1 You promise that you have power and authority to enter into this agreement.
5.2 You promise that you are at least of the legal age to form a binding contract with us.
5.3 You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted and updated from time to time on our website. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted and updated from time to time on our website. You must comply with our reasonable instructions, requests and guidelines concerning the Services, including on our website.
5.4 You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content.
5.5 You promise that all information including contact and payment information (eg email and postal addresses, credit card numbers) which you provide in connection with the Services is accurate, complete and not misleading and that you will update it so that it remains so. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
5.6 You must comply with the Amazon Acceptable Use Policy and bring it to the attention of your authorised users. You acknowledge that this policy may change from time to time and that it is your responsibility to check it frequently.
5.7 You acknowledge that there is a risk that Your Content may be irretrievably damaged or lost if there is a fault or on suspension or termination. We may make our own back-ups but we cannot guarantee that we will do so, or if we do, that these will be made with the frequency you require or will successfully recover Your Content. It is therefore your responsibility to make appropriate back-ups of all of Your Content that you wish to save. We are not legally responsible for any loss or damage to Your Content which could have been prevented if you had made your own back-ups.
5.8 In the case of third party goods or services which we supply, you undertake to comply with any third party licenses or end user agreements which we bring to your attention.
5.9 You promise that you have sufficient technical knowledge to use and configure our Services.
5.10 You must ensure that your computers and systems comply with any minimum technical specifications which are specified by us as being necessary in order to use the relevant Services.
5.11 You bear sole legal and other responsibility for the development, content, operation, maintenance, and use of Your Content. We do not, and are not obliged to, check Your Content (without prejudice to our rights to remove and take other steps in relation to Your Content).
5.12 You promise that you or your licensors own all right, title, and interest in and to Your Content and that Your Content will not infringe any third party intellectual or other rights.
5.13 You must comply with Regulation in relation to the Services including Data Protection Laws.
5.14 We may access, copy, preserve, disclose, remove, suspend or delete any Content in the event of Exceptional Circumstances concerning that Content or insofar as otherwise permitted under this agreement. If we remove, suspend or delete Your Content, you must not attempt to re-publish or re-send it using our Services.
5.15 You must observe the storage, CPU, bandwidth and other limitations specified when you ordered. If such limits are exceeded, we are entitled to suspend, end or impose extra charges for some or all of the relevant Services.
5.16 We may irretrievably delete Your Content if your account has been inactive for six months. You should make a back-up of any Content that you wish to keep.
6. Payment (applicable only to paid-for accounts)
6.1 Prices are set out on our website. We may change our prices on giving at least 30 days' notice by email. The price change takes effect on your next renewal date thereafter.
6.2 If applicable, our fees are subject to VAT which must be in paid in addition at the appropriate rate.
6.3 You must make all payments without any set-off, counterclaim and/or any other deduction.
6.4 You must contact us and give us a reasonable opportunity to resolve the issue before making a chargeback.
6.5 If any amount due to us is unpaid including unjustified chargeback, we may:
6.6 You authorise us to take automated monthly payments whether by charging your credit card, taking payment via PayPal or otherwise.
7.1 If you are a Consumer living in the "European Economic Area", you have the right to cancel this contract subject to the provisions set out below. If you do have the right to cancel, the following apply. (Note that this is separate to any moneyback guarantee that we may offer. Please see our website for details.)
Right to cancel
7.2 You have the right to cancel this contract within 14 days without giving any reason.
7.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
7.4 To exercise the right to cancel, you must inform us PythonAnywhere LLP of 28 Ely Place, 3rd Floor, London EC1N 6TD, United Kingdom, firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.
7.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
7.6 If you cancel this contract, we will reimburse to you all payments received from you.
7.7 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.9 If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
8. Affiliate scheme
8.1 Participation in our affiliate scheme is subject to the terms in Appendix 2 below, which apply in addition to these terms.
9.1 You promise:
9.2 You acknowledge that you are responsible for all persons who use your password or other log-in details to access the Services, whether authorised or not, unless we are at fault.
9.3 You are responsible for taking your own steps to maintain appropriate security of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routine archiving of Your Content.
10.1 Both parties are bound by Appendix 1 below in relation to any processing of personal data under this agreement.
10.2. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
11. Intellectual property rights
11.1 We or our suppliers (including, where applicable, authors of open-source software) retain ownership of all intellectual property rights in any material (including our Content or Software) relating to the development or supply of the Services and to our website. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use such material solely in accordance with this agreement. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless and to the extent permitted by applicable law) or use such material without our specific prior written consent. You may not transfer any of our Software outside the Services.
11.2 As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this clause, we obtain no rights under this agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services. We may disclose Your Content to provide the Services or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
11.3 All licenses granted to you in this agreement are conditional on your continued compliance with this agreement and will immediately and automatically end if you do not comply with any term or condition of this agreement.
12. Use of our website
12.1 Any Content which we ourselves make available on our website is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
12.2 Our website may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
13. Liability and indemnity
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
13.2 We are not responsible for any loss or damage which results from your failure to comply with this agreement.
13.3 If you are a Consumer:
13.3.2 you will liable for any reasonably foreseeable loss or damage we
suffer arising from your breach of this agreement or misuse of
our Services (subject of course to our obligation to mitigate
13.4 If you are not a Consumer:
13.4.1. Our liability of any kind (including our own negligence) for any event or series of connected events with respect to our Services is limited to £100 or the total fees payable by you to us in the 12 months before the event(s) complained of, whichever is higher.
13.4.2. In no event (including our own negligence) will we be liable for any:
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of Your Content
even if we have been advised of the possibility of such losses.
13.4.3. Neither we nor any of our affiliates or suppliers will be responsible for: (a) your inability to use the services, including as a result of any (i) termination or suspension of this agreement or your use of or access to the Services, (ii) our discontinuation of any or all of the Services, or, (iii) any unanticipated or unscheduled downtime of all or a portion of the Services for any reason, including as a result of power outages, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the Services; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Content.
13.4.4. To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.
13.4.5. You will indemnify us against all claims and liabilities directly or indirectly related to Your Content, your use of the Services or breach of this agreement. You will indemnify and hold us harmless against all losses, damages, claims liabilities, and expenses (including reasonable legal fees) directly or indirectly arising out of (i) your use of the Services or (ii) Your Content or (iii) your breach of this agreement. We shall have the sole right to control the defence and settlement of any such claim save that we shall consult with you prior to any settlement. You agree to provide reasonable assistance to us at your expense in the defence of same.
13.4.6. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
13.6 We have no liability for any third party goods or services.
14. Ending or suspending this agreement
14.1 You may end this agreement at any time by deleting your account in accordance with the instructions on our website. If you are on our free service, the termination will take effect immediately. If you are on a chargeable service, the termination will take effect at the end of the period for which you have paid in advance. There will be no refund – but this does not affect any Consumer "cooling off" rights that may be applicable, explained above.
14.2 We may at any time without refund suspend or end this agreement (as regards some or all of the Services) with or without notice in the event of Exceptional Circumstances and we may decline to reinstate suspended Services unless we have received any assurances from you which (acting reasonably) we consider satisfactory.
14.3 We may end this agreement at any time without cause by giving you notice by email. If so, we will provide a refund in respect of any fees already paid by you which relate to the period after termination.
14.4 The consequences of this agreement ending for any reason are:
14.5. The clauses in this agreement which are expressed or intended to survive the termination of this Agreement shall survive.
15.1 We both agree that during the period of this agreement and for five years thereafter we will not use for any purpose apart from this agreement, or disclose, any Confidential Data received from the other party. "Confidential Data" means Content identified as, or which clearly is intended to be, confidential.
15.2 This clause does not apply to Content which:
15.3 You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this agreement.
16.1 We may send any notices in accordance with the most recent contact information which you have provided to us. After the termination of this agreement we will only send you notices if legally obliged to do so, or if you expressly provide consent to further communication (for example by signing up for our Services again).
16.2 Any notice required by this agreement to be given by any party in writing may be given by hand or sent (by special delivery within the UK or by international signed for post outside the UK) to another party at its registered office or such other address as that party may notify to the other party for this purpose from time to time or by email (provided that the email has not been returned).
17.1 This agreement (and any incorporated documents) represents the entire agreement of the parties relating to its subject matter.
17.2 If any part of this agreement is deemed void or ineffective for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
17.3 We may assign (ie transfer) all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not assign any of your rights or duties under it without our prior written consent.
17.4 Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to failure of any communications, telecommunications or computer system.
17.5 We and you are independent contractors and nothing in this agreement constitutes any party as agent or representative of the other.
17.6 The failure to exercise or delay in exercising a right or remedy under this agreement shall not constitute a "waiver" of the right or remedy (i.e. meaning that it cannot be enforced later).
17.7 A person who is not a party to this agreement shall have no right to enforce it except insofar as expressly stated otherwise.
18. English law and jurisdiction
18.1 This agreement is governed by English law and and any disputes will be decided only by the courts of the United Kingdom. If you are Consumer, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is email@example.com.
19. Company information
19.1 Company name: PythonAnywhere LLP
19.2 Trading name: "pythonanywhere"
19.3 Country of incorporation: England and Wales.
19.4 Registered number: OC378414
19.5 Registered office and contact address: 28 Ely Place, 3rd Floor, London EC1N 6TD, United Kingdom
19.6 Other contact information: See our website.
19.7 VAT number: GB 893 5643 79
Complete and return this form only if you wish to cancel the contract:
— To PythonAnywhere LLP of 28 Ely Place, 3rd Floor, London EC1N 6TD, United Kingdom, firstname.lastname@example.org:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Version No: 2.0
In this section, "data controller", "data processor", "data subject", "personal data" and "processing" have the same meanings as set out in Data Protection Laws.
The following are the details of the processing to be carried out by us acting as data processor in relation to the following personal data processed on your behalf in connection with this agreement ("Data"):
a) Subject matter: Any personal data included within Your Content.
b) Duration of the processing: The period of this agreement.
c) Nature and purpose of the processing: To enable you to use our Services in accordance with this agreement including in connection with the supply of goods or services to your customers.
d) Type of personal data: Any personal data included within Your Content.
e) Categories of data subject: Your customers or others who are the data subjects in respect of personal data included within Your Content.
f) Obligations and rights of the controller: See below.
e) not disclose Data to anyone other than our employees or agents
and shall ensure that those persons are subject to an obligation
of confidentiality in relation to the Data;
f) maintain technical and organisational security measures
(including where applicable in relation to encryption,
pseudonymisation, resilience of processing systems, backing up
personal data in order to be able to reinstate the system and
testing) sufficient to comply with the obligations imposed on
you under Data Protection Laws;
g) not subcontract any processing of Data without your prior written consent and, if such consent is given:
and you hereby consent to us appointing Amazon AWS as a sub-processor;
h) give you at least 14 days’ notice in writing of the proposed appointment of any new sub-processor in which case the following shall apply:
i) take reasonable steps to assist you in complying with your own obligations under Data Protection Laws including:
ii) keeping Data secure;
iii) notifying data subjects about personal data breaches;
iv) carrying out any data protection impact assessment ("DPIA"); and
v) consulting with the relevant supervisory authority where applicable following a DPIA;
j) on termination of this agreement, at your option either delete or return all Data to you, unless we are legally required to retain the Data (and we will assume that you want us to delete the Data unless you tell us within 14 days of termination that you want the Data to be returned);
k) make available to you all information necessary:
ii) to submit and contribute to audits carried out by you or an auditor appointed by you; and
1.1 The following definitions apply in this Appendix in addition to those set out above:
2. Joining and using our Affiliate Scheme
2.1 In order to join our Affiliate Scheme you must be a registered user of our Service whether paying or on a free plan.
2.2 Unless otherwise stated on our Website at the time you apply to join, VAT-registered entities are not eligible to join the Affiliate Scheme.
2.3 We reserve the right in our discretion for any reason to refuse any application to join our Affiliate Scheme.
2.4 You agree:
2.4.2 not to use "spam" or unsolicited email marketing; and
2.4.3 not to display any information (including prices) relating to our Services unless such information is accurate, up to date and non-misleading.
2.5 You agree to comply with (1) any requirements which we communicate to you concerning display or use of Links and (2) any other applicable rules or guidelines which are shown on our Website from time to time.
2.6 You agree to promptly provide us with such information and documents as we may reasonably request for the purposes of the Affiliate Scheme.
2.7 You promise that in connection with display or use of Links, you:
2.7.2 shall not infringe any third party intellectual property or other rights;
2.7.3 shall not breach the published policies of Google or other major search engines;
2.7.4 shall not display or distribute any information which is defamatory, discriminatory, offensive, vulgar, racist, abusive, invasive of another's privacy or otherwise inappropriate; and
2.7.5 shall not do anything which is liable to damage our reputation.
2.9 We do not guarantee that use of our Affiliate Scheme will generate any or any particular level of revenues.
3.1 Subject to the terms of this agreement, we shall pay you the Affiliate Fees. We shall not be liable to pay you (and if we have already paid you, you shall be liable to repay us) the amount of Affiliate Fees relating to Fees which for any reason are charged back, cancelled, reversed or refunded.
3.2 Payment of Affiliate Fees shall be made only upon Request and only to a Paypal account (unless otherwise stated on our Website at the time of Request).
3.3 Notwithstanding that an Affiliate Fees credit may be shown in your account, payment of Affiliate Fees shall only be made after the Payment Period. We will not make any payment where the Request is made during the relevant Payment Period and it is your responsibility to make a new Request after the Payment Period.
3.4 No payment will be made unless and until Affiliate Fees due have reached the amount of the Minimum Payment.
3.5 No Affiliate Fees shall be payable to you if you have breached this agreement and in such case the you shall be liable on request to promptly repay to us all Affiliate Fees previously paid to you.
3.6 No Affiliate Fees shall be payable to you where the Referred User has an existing account on our Service as at the date of Referral.
3.7 We are entitled to deduct from and set-off against any payment due to us the amount of any payment, repayment or damages which we reasonably consider to be due or likely to be due to us.
3.8 You acknowledge that our records and statistics shall be conclusive as to any payment issue relating to this agreement.
4.1 You may terminate the Affiliate Agreement at any time for any reason by giving notice by email to email@example.com. The Affiliate Agreement automatically terminates if you terminate your registration for our Service. In either case, no Affiliate Fees will be payable to you in respect of any Requests made after the termination date.
4.2 We may terminate the Affiliate Agreement at any time for any reason by giving notice by email. In such case, unless you have breached this agreement or we are terminating the Affiliate Scheme as a whole, Affiliate Fees shall continue to be payable to you in respect of any Referrals occurring before the termination date.
4.3 Termination of the Affiliate Agreement does not of itself affect the remainder of this agreement.
4.4 Any right of termination referred to in this agreement is without prejudice to any other remedy that may otherwise be available to the terminating party.