1. Introduction
Our perfectsavingsplan.com website supports you in making more informed Cloud Provider purchasing decisions and putting you in control of your cloud spend. The website can also help you see what you can save with Strategic Blue.
You may not access and use (i.e. sign up to start saving/input your data to the form on) the website if you are our direct competitor, except with our prior written consent. In addition, you may not access and use the website, or any of its or our services, for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
When these terms apply
These Terms will apply to you when you access and use the website, until you delete your data, or, if relevant, any subsequent agreement between you and us for our PSP service is terminated.
By accessing and using the website, you confirm that you accept these terms of use and that you agree to be bound and comply with them. If you disagree with any part of the terms, then you may not access and use the website.
We recommend that, wherever possible, you print or save a copy of these Terms for future reference. We may update the website by adding or removing functionality, changing its features and/or its design at any time.
There are other terms that additionally apply to your access and use of our website:
- Our Privacy Policy.
- Our Cookies Policy, which sets out information about the cookies on our site.
- Our PSP site General Terms of Use.
- Any other Terms and Conditions (if any) such as a Cloud Purchase Agreement, once you enter, or have entered into one with us for our PSP service.
2. Sign up to start saving
- When you sign up to start saving, you must provide us information that is accurate, complete, and current at all times. It is your responsibility to update your information and inform us of any changes to your details.
- We do not check the accuracy of the information you provide to us and we rely on you to ensure that the information you provide to us is up to date and accurate.
- You understand that your Cloud Provider (AWS) is wholly responsible for accounts you hold with them and agree that there might be issues when accessing data from your Cloud Provider and with the data being accurate, timely or up to date. We are not responsible for the accuracy of that data, or any reliance placed on it in our provision of our PSP service.
3. Providing us with your AWS Account ID(s)
- To ultimately make the most of our PSP service, you will need to provide us with any AWS Account ID(s) that you would like to onboard with us, giving explicit consent for us to access those ID(s) and, if ever necessary, your AWS Cost and Usage data in the ID(s). By providing us your AWS Account ID(s), you represent that you are either the legal owner or authorised user of the data, and in the AWS Cost and Usage Reports.
- By giving us explicit consent, you authorise us to retrieve such AWS Cost and Usage data, should we ever need to do so, and to continue to do so at certain times until you withdraw your consent. When providing access information, it is your responsibility to confirm all details are accurate as we cannot validate or check these.
- The information we may collect contains data on how much of each AWS service you use, the prices AWS applied to that service and details of any discounts applied to that usage.
4. Use of our website and the information made available to you
- All information, content and material displayed on the website is provided for information only. You should not rely on information, content or materials made available through or on website as the sole basis for making a financial decision.
- We only make available our website and ultimately our PSP service for your sole commercial use. You may not use our website or our PSP service for any other commercial, business or resale purposes.
- You agree that we are allowed to use and disclose the information you provide directly or indirectly related to the use of our website, including confidential information and that we are permitted to share that information to those who reasonably need to know, such as our directors, officers, employees, partners, consultants, representatives, affiliates or agents – including those who need to know such information for the purposes of exercising the rights to access of, and or carrying out our obligations during the exercise arising from the use of our website – or to the extent such disclosure is required by law or by a regulatory body. You agree we may disclose such confidential information you provide to us for the Purpose of using the website if such information has relevance as a result of the website’s use.
- You agree that we are not responsible or liable to you for: (a) any action (or inaction) resulting from use of or reliance on information, content and materials displayed on the website or ultimately our PSP service (or any loss or damage you suffer as a result); (b) third party sites linked to or accessed from the website (or your use of, or reliance on, those sites or services).
5. How we keep in touch with you
While you use the website you consent to us contacting you using the e-mail address which you enter when signing up for savings. Please also see our Privacy Policy for further details.
6. Intellectual Property Rights
- The website and its original content, features and functionality, including the underlying code, are and will remain the exclusive property of Strategic Blue and its licensors. The website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
- Strategic Blue grants you a revocable right to use the website for your internal business use only.
- You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the website content or services; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the website services; (iii) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the website service; (v) permit the service to be combined with, or become incorporated in, any other programs.
7. Termination
- We may terminate or suspend your access and use of the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We will usually let you know if this is happening and why but we can’t always do so.
- Upon termination, your right to access and use the website will immediately cease.
- If we suspect unauthorised or fraudulent use of the website, then we may suspend the service.
- All provisions of the Terms which by their nature should survive termination shall survive termination.
8. Indemnity
You agree to defend, indemnify and hold harmless Strategic Blue and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the website and services, by you, or b) a breach of these Terms or failure to comply with, the Terms or if we suffer any losses as a result of your use of the website.
9. Disclaimer
- We do not warrant that a) the website will function uninterrupted or error-free; b) any errors or defects will be corrected; c) the website is free of viruses or other harmful components; or d) the results of using the website will meet your requirements. We may suspend or withdraw, or restrict the availability of, all or any part of the website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- Your use of the website is at your sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement or course of performance.
- The website may contain links to third-party websites, including those operated by service providers displayed in (or linked to from) our website. These are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any such service, including the purchase and use of any products or services accessible through them.
- No advice or information, whether oral or written, obtained by you through or from the Service will create any warranty not expressly stated in these Terms.
10. Limitation of Liability
To the fullest extent permissible by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the website; or (b) use of or reliance on any content, information or data displayed on the website. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
11. General
- These Terms are governed by English law and the courts of England and Wales have jurisdiction.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms along with constitute the entire agreement between us regarding our Portal. Failure by either you or us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- We may transfer our rights and obligations under these Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
12. Changes to our website and Terms
- We reserve the right, at our sole discretion, to modify or replace these Terms or any part of our website at any time for any reason without liability to you. We will always act fairly and reasonably when we make any changes to our terms. In most cases any changes will be to improve the website but they may also be changes required for legal reasons and changes where we remove certain functionality. By continuing to access and use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the website.