Terms of Service

Terms that apply when being customer of Steadcloud

Last updated on: 04th of March, 2022

These Terms of Service apply to every offer, quotation, or other relationship with Steadcloud concerning services and products and form an integral part of every agreement between Steadcloud and the customer.
Provisions or conditions set by the customer that deviate from or do not appear in these Terms of Service are only binding for Steadcloud if and insofar as Steadcloud has explicitly accepted them in writing.

Article 1: Offer, quotation and agreement
1.1 - All offers from Steadcloud are without obligation unless explicitly stated otherwise.
1.2 - Quotations from Steadcloud are valid for the period specified in the quote. If no term is stated, the quote will be valid for 1 (one) month after the date on which the quotation was issued.
1.3 - The agreement is concluded upon the written mutual acceptance of the services and products delivered by Steadcloud. Examples include signing a written agreement, making a payment, accepting a quote, or placing an order through the Control Panel.
1.4 - Agreements are always for 12 (twelve) months unless otherwise agreed (during the order or in the agreement).
1.5 - The agreement is always tacitly renewed for the same period as agreed in the invoice unless 1 (one) of both parties cancels the agreement in writing at least 1 (one) month before the expiry of the agreed period.
1.6 - Unless otherwise stated in the contract, should termination of the agreement in writing be submitted with a notice period of 1 (one) month before the end of the agreed period. Cancellation must be made in writing, on the understanding that the cancellation period only starts on the day on which Steadcloud receives the cancellation.
1.7 - If the customer is a natural person who does not act on behalf of a professional or company, the customer has the right, without giving any reason, to dissolve the agreement within 14 (fourteen) days after the conclusion, unless Steadcloud has already started the implementation of the agreement.
1.8 - If the customer has ordered a custom service, such as a Domain Name, SSL Certificate, Dedicated Server, or product that has not been ordered directly on the website, the right of withdrawal expires immediately.
1.9 - If the customer utilizes the right of withdrawal, a refund will be made within 14 (fourteen) days, minus the applicable administration and transaction costs.

Article 2: Rates
2.1 - All rates stated by Steadcloud are in euros exclusive of sales tax (21.00% BTW) and invoiced two weeks in advance. Unless otherwise agreed in writing by Steadcloud.
2.2 - Unless otherwise agreed, the payment term is 2 (two) weeks after the invoice date.
2.3 - Suppose the customer does not pay any invoice from Steadcloud within the payment term referred to in Article 2.2 or fails to fulfill agreements made under the contract or Terms of Service. In that case, Steadcloud reserves the right:
2.3.1 - Statutory interest to be charged on the outstanding amount;
2.3.2 - Send email reminders and reminders by post, with any additional costs per reminder by post;
2.3.3 - Handing over the claim to a collection agency, whereby all collection costs are for the account of the customer;
2.3.4 - Suspend the services of the customer affective immediately.
2.4 - If Steadcloud has incurred costs, Steadcloud must inform the customer and send the corresponding invoice.
2.5 - If the customer reverses and/or reverses a transaction to Steadcloud, Steadcloud is entitled to charge administration costs of €17,50 (excluding 21.00% BTW) per reversal.
2.6 - All objections of the customer against an invoice from Steadcloud or an amount automatically collected by Steadcloud must be reported to Steadcloud in writing within five (5) working days after the invoice date or date of the direct debit, after which the invoiced or collected amount applies as recognized by the customer.
2.7 - Steadcloud can set a maximum for the amount of storage space or data traffic per month that the customer may or can use concerning the services. If consumption is found above the permitted monthly limit, Steadcloud is entitled to invoice the costs for it.
2.8 - Steadcloud is entitled to adjust the rates at any time. If the customer disagrees with a change of rates indicated by Steadcloud, the customer has the right to terminate the agreement within 8 (eight) working days after notification thereof.
2.9 - Steadcloud has the right to adjust the rates annually based on inflation.
2.10 - Changes in connection with inflation adjustments do not give the right to terminate the agreement.

Article 3: Delivery of the services and/or products
3.1 - The delivery times stated by Steadcloud for the delivery of services and/or products serve as a guideline and are indicative. No rights can be derived from the delivery times.
3.2 - The customer must check all delivered services and/or products immediately after delivery, but no later than 5 (five) working days after delivery for possible defects and shortcomings.
3.3 - All services and/or products delivered by Steadcloud remain the property of Steadcloud until the customer has paid in full all amounts owed to Steadcloud in connection with the services and/or products provided, as well as any interest and/or other costs thereon.
3.4 - Delivery takes place as long as stocks last. The customer understands that Steadcloud is highly dependent on external parties concerning the purchase of IP addresses, (server) hardware, and data center space to accommodate the hardware.
3.5 - Steadcloud's obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Steadcloud have been offered to the customer.

Article 4: Liability of Steadcloud
4.1 - The liability of Steadcloud for direct damage suffered by the customer as a result of an attributable shortcoming in the fulfillment by Steadcloud of its obligations under this agreement, or due to an unlawful act by Steadcloud, its employees or third parties engaged by it, is per event or a series of related events limited to an amount equal to the fees payable by the customer under this agreement per month (including BTW). Under no circumstances, however, the total compensation for direct damage exceeds 25% (twenty-five percent) of the total amount including BTW per year, with a maximum of €2500 (twenty-five hundred) euro.
4.2 - Steadcloud's liability for indirect damage, including consequential damage, loss of profit, lost savings, loss of (business) data, damage due to business interruption, and other indirect damage, is excluded.
4.3 - The liability of Steadcloud due to attributable shortcoming in the agreement's fulfillment only arises if the customer immediately and correctly declares Steadcloud this in writing. And the customer is setting a reasonable period for remedying the shortcoming. Steadcloud is also after that period attributable to the fulfillment of continues to fall short of his obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible so that Steadcloud can respond appropriately.
4.4 - Steadcloud is not responsible for damage caused by force majeure.
4.5 - A condition for any right to compensation is always that the customer reports the damage to Steadcloud in writing within 5 (five) working days after it occurs.
4.6 - The customer indemnified Steadcloud against all third parties claims due to liability due to a defect in the service and/or product provided by the customer to a third party and consisted of goods, materials, or results delivered by Steadcloud.
4.7 - Steadcloud will not pay any compensation if service and/or product is suspended and/or closed by Steadcloud, for whatever reason.
4.8 - In case of excessive use by third parties (for example, a DDoS attack), Steadcloud reserves the right to interrupt the service temporarily. In this case, all warranties are voided.

Article 5: Force majeure
5.1 - Neither party is obliged to fulfill any obligation when prevented from doing so due to force majeure. Force majeure is, in any case, understood to mean: war (danger), riots, strikes, acts of war, fire, water damage, flooding, atmospheric conditions, long-term power cuts, adjustments or maintenance to the telecommunications and/or electricity network of others, cable breaks, attacks on a network/server including DDoS and malware attacks, malfunctions in the networks important to Steadcloud, malfunctions in communicative connections including telecommunication connections or prevention or refusal/prolonged absence of compliance by suppliers on whom Steadcloud depends in the performance of its activities is.

Article 6: Maintenance, upkeep and management at application level
6.1 - Services and/or products provided by Steadcloud are provided without support at the application level (software basis) unless otherwise agreed in writing by Steadcloud.
6.2 - If Steadcloud (on request) provides support at the application level (software basis), an hourly rate of €60 (sixty) euros exclusive 21.00% BTW will be charged, unless otherwise agreed.

Article 7: Prohibited activities
7.1 - Article 7 applies to all our services and/of products.
7.2 - Steadcloud is at all times entitled to suspend and/or terminate the services and products of the customer in case of (suspected) direct and/or indirect abuse of the services and/or products and to charge additional work for this.
7.3 - All purposes, which in any case fall under prohibited activities, are listed in Article 7.3. If there is any doubt whether a particular activity is not included in this article, it is up to Steadcloud to assess whether this activity is prohibited.
7.3.1 - The customer is prohibited from using the services and/or products as a DDoS network, sending excessive e-mails (spam purposes), or activities that have an affinity with this.
7.3.2 - The customer is prohibited from using the services and/or products for fraud.
7.3.3 - The customer is prohibited from using the services and/or products to disclose legally punishable material and/or use it for legally punishable offenses/purposes.
7.3.4 - The customer is prohibited from using the services and/or products to host material that is/are protected by copyright.
7.4 - The customer is and remains responsible for all content, activities and uses on the services and/or products provided by Steadcloud.

Article 8: Confidentiality
8.1 - Without prejudice to the powers granted to the customer in the agreement and Terms of Service, both parties will keep confidential information confidential, irrespective of whether this has been communicated in writing or orally.
8.2 - Without the prior written consent of Steadcloud, both Steadcloud and the customer will not make information and data carriers available to third parties and their personnel outside the framework of what is permitted in the agreement and/or Terms of Service. Insofar as this according to the agreement and/or General Terms of Service, it is allowed to make them known only to the extent permitted and necessary for the agreed performance.
8.3 - Both Steadcloud as the customer will oblige their staff and any third parties in writing to comply with these confidentiality provisions.
8.4 - The customer will not disclose communication with Steadcloud and/or hand it over to third parties and/or have it inspected. This includes conversations, e-mail exchanges, support/sales/ billing/abuse/administration tickets, quotations, (chat) conversations, etc.
8.5 - Neither Steadcloud and the customer will mention the details of the Agreement and/or Terms of Service in publications or advertisements without the other party's written consent.

Article 9: Other provisions
9.1 - The agreement and Terms of Service are governed by Dutch law.
9.2 - Insofar as not stipulated otherwise by mandatory law, all disputes that may arise due to the agreement will be submitted to the competent Dutch court for the district in which Steadcloud is located.
9.3 - If any provision of the agreement proves to be invalid, this will not affect the entire agreement's validity. In that case, both Steadcloud and the customer will determine (a) new provision as a replacement, which will reflect the intention of the original agreement and Terms of Service as much as legally possible.
9.4 - Information and announcements, including price indications, on the Steadcloud general website and control panel or any other Steadcloud websites, are subject to programming and typing errors. In the event of any inconsistency between the Steadcloud Website and the agreement, the agreement will prevail.
9.5 - Both Steadcloud and the customer will always immediately inform each other in writing any name changes, postal address, e-mail address, telephone number, and, if requested, bank or giro account number.
9.6 - Obvious mistakes in the offer are not binding on Steadcloud.
9.7 - If the customer registers a domain name, the customer agrees to the "General Terms of Service for .nl domain name holders" which can be found at: https://www.sidn.nl/over-sidn/algemene-voorwaarden.
9.8 - If Steadcloud has to carry out additional work, for example, due to the customer's actions, an hourly rate of €55 (fifty-five) euros excluding 21.00% BTW will be charged, unless otherwise agreed.
9.9 - Steadcloud is at all times entitled to adjust the Terms of Service. We will inform you about this at least 15 (fifteen) days in advance.

Article 10: Definitions of terms used
Steadcloud: the decided upon company Steadcloud, registered with the trade register Chamber of Commerce under file number 82394466.
Steadcloud Website: the Steadcloud website, accessible via www.steadcloud.com.
Steadcloud Control Panel: the Steadcloud website, accessible via crm.steadcloud.com.
Services: all work or other activities delivered by Steadcloud to the customer in accordance with an offer, quotation, agreement, or other legal act.
Customer: the natural person or legal entity to whom Steadcloud's offer is addressed, with whom Steadcloud has concluded the Agreement, or for whom the legal act has been/will be performed, based on which services and/or products are delivered to this party.
Agreement: the mutual acceptance, which has been confirmed in writing by Steadcloud and the customer, concerning the services and/or products of Steadcloud. The orders placed via the Steadcloud Website or Steadcloud Control Panel are explicitly included in this.
Products: all movable property that is the subject of any offer, quotation, agreement, or other legal act in the relationship between Steadcloud and the customer.
Written: correspondence by letter or via the Steadcloud ticket system.

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