1. Introduction
These Terms of Service ("Terms") govern your access to and use of the andCompute website at andcompute.com (the "Site") and any related services, including compute brokerage, advisory, and coordination services (together, the "Services") provided by WFDR Ltd, a company registered in England and Wales("we", "us", or "our").
By accessing the Site or engaging us for any Service you agree to these Terms. If you do not agree, do not use the Site or engage us.
2. Who can use the Services
The Services are intended for business customers only. By engaging us you confirm that you are acting on behalf of a business or other legal entity, that you have authority to bind that entity, and that the entity is at least 18 years old (or its equivalent for non-natural persons).
3. The Services
andCompute advises on the structure of compute requirements, brokers deals on behalf of clients, and coordinates delivery across cloud, bare metal, owned hardware, colocation, on-premise, and hybrid routes. We act as an intermediary and adviser. Unless agreed in a separate written engagement letter, we do not supply compute capacity, hardware, or hosting services directly.
Specific deliverables, fees, timelines, and any service levels for an engagement will be set out in a separate engagement letter, statement of work, or quote (an "Engagement Document"). If anything in an Engagement Document conflicts with these Terms, the Engagement Document prevails for that engagement.
4. Fees and payment
Fees are set out in the relevant Engagement Document. Unless stated otherwise, invoices are payable within 14 days of issue, in pounds sterling, and exclusive of VAT (which will be added at the prevailing rate where applicable). Late payments may attract interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.
5. Third-party suppliers
Where we broker or coordinate a transaction with a third-party supplier (e.g. a cloud provider, colocation facility, or hardware vendor), the contract for that compute, hardware, or hosting is between you and the supplier and is subject to the supplier’s own terms. We are not a party to that contract and are not responsible for the supplier’s performance, pricing changes, availability, or compliance.
6. Your responsibilities
- Provide accurate and complete information about your requirement.
- Ensure your use of any compute, hardware, or hosting we help you procure complies with applicable law and the relevant supplier’s acceptable use policy.
- Not use the Site or the Services to send unlawful, infringing, defamatory, or harmful content, or to attempt to disrupt the Site or any underlying systems.
7. Confidentiality
Each party will treat information shared by the other in connection with the Services as confidential and use it only for the purpose of the engagement. This obligation does not apply to information that is public, was already known, is independently developed, or is required to be disclosed by law or regulator. Confidentiality obligations survive termination for three years.
8. Intellectual property
The Site, the andCompute brand, and all materials we produce (other than materials you provide to us) are owned by WFDR Ltd or our licensors. We grant you a non-exclusive, non-transferable licence to use deliverables produced for you in the course of an engagement for your own internal business purposes.
9. Disclaimers
We provide advice and brokerage in good faith and with reasonable skill and care, but the Site and any information made available through it are provided on an "as is" basis. Decisions about compute strategy, vendor selection, and procurement are ultimately yours.
10. Limitation of liability
Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for death or personal injury caused by negligence, or for fraud).
Subject to that, our total aggregate liability arising out of or in connection with an engagement (whether in contract, tort, or otherwise) is limited to the fees paid by you to us under that engagement in the 12 months immediately before the event giving rise to the claim.
We are not liable for any indirect, consequential, or special losses, nor for loss of profit, revenue, goodwill, anticipated savings, or loss or corruption of data.
11. Termination
Either party may terminate an engagement in accordance with the relevant Engagement Document. We may suspend or terminate your access to the Site at any time if you breach these Terms. Sections that by their nature should survive termination (including confidentiality, intellectual property, disclaimers, and limitation of liability) will do so.
12. Changes
We may update these Terms from time to time. The latest version is always available on this page, with the "last updated" date at the top. Material changes affecting an active engagement will be notified to you directly.
13. Governing law and jurisdiction
These Terms and any non-contractual obligations arising in connection with them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute, save that we may bring proceedings in the courts of the country where you are established to enforce our intellectual property rights.
14. Contact
Questions about these Terms can be sent to hello@andcompute.com.