Terms & Conditions
Terms & Conditions Cloud.nl B.V.
Article 1: Definitions
In these Terms & Conditions, the following terms have the following meanings:
Provider: CLOUD.NL B.V., located at Hoge Ham 93b, Dongen, the Netherlands.
Client: the party with whom the Provider has entered into an Agreement.
Agreement: the agreement between Provider and Client under which the Provider delivers a Service.
Service: the specific service agreed upon between Provider and Client, as specified in the Agreement.
Article 2: Applicability and hierarchy
These Terms & Conditions apply to all quotations, offers, and agreements between Provider and Client regarding the Service. These Terms & Conditions came into effect on 1 January 2004.
Article 3: Formation of an Agreement
Unless otherwise specified, an Agreement between Provider and Client is concluded from the date of signing, from the date the Provider has accepted the application in writing, or from the moment the Provider has started performance. All quotations from the Provider are non-binding unless otherwise specified.
Article 4: Domain name
The Client must have a domain name, issued and registered by an authorised institution. The Client indemnifies and holds the Provider harmless against any claim relating to the use of the domain name.
Article 5: Delivery of the Service
After the Agreement is concluded, the Provider will deliver the Service as soon as possible. Delivery times stated by the Provider are never strict deadlines, unless expressly agreed otherwise in writing.
Article 6: Use of identification data
The Provider will make identification data available to the Client exclusively for use of the Service. The Client will handle this data carefully and notify the Provider immediately of loss, theft, or irregular use.
Article 7: Use of the Service
The Client is permitted to resell and/or sublease the Service unless otherwise agreed. The Client must ensure careful use of the Service.
Article 8: Use of networks
The Client may use networks directly and indirectly connected to the Provider's Network. The Client will not cause any disruption to the Network's functioning. Spam activities from IP addresses belonging to the CLOUD.NL B.V. network are strictly prohibited.
Article 9: Client data traffic
The Provider applies a fair use policy. If the Client exceeds the reasonably necessary bandwidth by more than 50%, the Provider is entitled to charge the additional costs separately.
Article 10: Service delivery and maintenance
The Provider will endeavour to maintain the Service 7 days a week, 24 hours a day, except for time required for maintenance.
Article 11: Privacy
The Provider will comply with its obligations under privacy legislation. See also our Privacy Policy.
Article 12: Confidentiality
Each party is obliged to maintain confidentiality towards third parties regarding confidential information obtained from and about the other party.
Article 13: Cross-border data transfer
If the Client transfers data across national borders, the Client indemnifies the Provider against all claims or damages from third parties in case of conflict with applicable legal requirements.
Article 14: Changes and relocation
Changes to address details must be communicated in writing at least 2 weeks before the actual change.
Article 15: Changes to Service specifications
The Provider is entitled to change the technical specifications of a Service. The Provider will announce any change with reasonable notice.
Article 16: Fees
Amounts are in Euros and exclude VAT unless otherwise stated. The Provider reserves the right to increase prices annually by the percentage equal to the rise in the consumer price index from CBS (Statistics Netherlands).
Article 17: Payment
Payment must be made within 14 days from the invoice date unless otherwise agreed. In case of late payment, the Client owes interest of 1.5% per month.
Article 18: Financial security
If there is reasonable doubt whether the Client will meet payment obligations, the Provider has the right to demand financial security.
Article 19: Intellectual Property
All intellectual or industrial property rights to all works made available under the Agreement belong exclusively to the Provider or its licensors.
Article 20: Force majeure
The Provider is not obliged to fulfil any obligation if it is prevented from doing so due to force majeure.
Article 21: Liability
The Provider's total liability is limited to compensation for direct damages up to the amount of the agreed price (excluding VAT). The total compensation will not exceed €10,000. Liability for indirect damages, lost profits, missed savings, and damage from business interruption is excluded.
Article 22: Suspension
The Provider reserves the right to temporarily suspend the Service if the Client fails to meet an obligation.
Article 23: Duration and termination
The Agreement is entered into for an indefinite period unless otherwise agreed. Termination is possible at the end of a calendar month with a notice period of three calendar months.
Article 24: Consequences of termination
Upon termination, the Provider will reclaim the provided identification data and cancel the registered domain names one month after termination.
Article 25: Transfer
Without prior written consent from the Provider, the Client is not entitled to transfer rights and obligations to a third party.
Article 26: Interpretation of Terms & Conditions
If any provision of these Terms & Conditions is void or annulled, the remaining provisions will remain in full force.
Article 27: Final provision
All disputes will be submitted to the competent court in Breda. Dutch law applies to the Agreement.