General Terms and Conditions

These are the General Terms and Conditions of Cloudformatie, registered with the Chamber of Commerce under number 71371885, established at Vogelzang 100, 9201 SE Drachten, VAT number NL002285677B61. We have written them as clearly as possible. Part A applies to everything we do. Part B contains the additional agreements per type of service.

Part A. General provisions

1. Concepts

• Cloudformatie, we, us: Cloudformatie, as described above.
• Customer, you, your: any natural person or organization that enters into or wishes to enter into an agreement with us.
• Consumer: a customer who acts for private purposes, not for a profession or business.
• Business customer: a customer acting for a profession or business, including foundations and associations.
• Service: everything we provide, such as hosting, domain names, licenses, telecom services, management, hardware, websites, and advice.
• Customer portal: the secure environment on mijn.cloudformatie.nl where you manage your services, invoices, and data.
• In writing: by letter, email, or via the customer portal.

2. Applicability

1. These terms and conditions apply to all quotations, orders, and agreements of Cloudformatie.
2. The customer's terms and conditions do not apply unless we have agreed to them in writing.
3. For some services, we work with suppliers such as Microsoft, domain registries (for example, SIDN for .nl), and telecommunications networks. Their terms and conditions therefore apply, insofar as they are applicable to your service. We will draw your attention to this during the ordering process. For Microsoft licenses, for example, you agree to the Microsoft Customer Agreement.
4. If a provision in these terms and conditions is invalid, the remaining provisions shall remain in effect. We will then replace the invalid provision with a valid one that is as close as possible to it.
5. Consumers are always subject to the rights granted to them by law. If these conditions deviate from this to the detriment of a consumer, the law takes precedence.

3. Quotations and conclusion of the agreement

1. Quotations are valid for 30 days, unless a different term is stated. Prices in quotations and on the website are subject to obvious errors.
2. The agreement is concluded when you place an order on the website or in the customer portal, accept a quotation, or when we begin execution.
3. When placing an order, you create an account in the customer portal. Ensure that your details are correct and up-to-date.
4. We may refuse an order or request additional security, for example if we have reasonable doubts about your identity or payment behavior.
5. We provide some services only after verification. For example, we only supply Microsoft non-profit licenses to foundations with valid ANBI status.

4. Prices

1. Prices for business customers are exclusive of VAT. We display prices for consumers inclusive of VAT.
2. We may index our prices once a year. We announce other price changes at least 30 days in advance.
3. If a supplier increases its price, such as Microsoft or a domain registry, we are allowed to pass on that increase. We will let you know in advance.
4. If a price change takes effect within three months of the conclusion of the agreement, a consumer may terminate the agreement free of charge. In the event of a price increase that does not result from the law, any customer may cancel the relevant service effective from the date on which the increase takes effect.

5. Invoicing and payment

1. Recurring costs, such as subscriptions and licenses, are invoiced in advance per chosen term. One-off costs are invoiced upon delivery or completion, unless otherwise agreed.
2. For online orders, you pay the first invoice immediately via the payment methods of our payment provider Mollie. A service is only activated after payment.
3. For other invoices, a payment term of 14 days applies. You can also opt for direct debit.
4. If you do not pay on time, we will send a reminder. Business customers are immediately in default thereafter and owe statutory commercial interest and extrajudicial collection costs. Consumers first receive a free demand letter with a payment term of 14 days. Only after that do we charge statutory interest and collection costs according to the statutory scale.
5. If payment is not received, we may suspend the service after informing you. For a domain name, this may mean that it will not be renewed.
6. You must file an objection to an invoice within 30 days of the invoice date. The objection suspends your payment obligation for the disputed part.
7. Business customers may not suspend their payment or set it off against a claim on us, except for the disputed part of an invoice against which they have objected in a timely manner.

6. Term, renewal and termination

1. Each service has a duration, which we state with the order or in the quotation. If nothing is stated, the duration is one month.
2. Upon expiration, the service is automatically extended for the same period. Exceptions are listed in Part B.
3. Consumers can cancel at any time after the initial term with a notice period of up to one month.
4. Business customers terminate at the end of the current term, with a notice period of one month, unless stated otherwise in Part B or in the quotation.
5. You can cancel via the customer portal or by email to administratie@cloudformatie.nl. We always confirm your cancellation.
6. In the event of termination during the term, the fee remains due until the end of the term, unless the law provides otherwise.
7. We may terminate or suspend an agreement with immediate effect if you act in breach of these terms and conditions or of the law, if you become bankrupt or are granted a suspension of payments, or if you fail to pay despite a reminder.

7. Right of withdrawal for consumers

1. As a consumer, you have a 14-day cooling-off period for an online order. You can cancel the agreement within that period without giving a reason.
2. If you ask us to start the service within the cooling-off period, you will pay a reasonable amount for what we have already delivered upon withdrawal.
3. The right of withdrawal lapses or is limited for services that have been fully performed or made to your specifications. Examples include a domain name already registered in your name, a custom website, or hardware ordered specifically for you. We explicitly ask for your permission for this when placing an order.
4. You can revoke via administratie@cloudformatie.nl. You can find more information on our page about the right of withdrawal.

8. Support and accessibility

1. Our standard support hours are Monday through Friday from 08:30 to 17:00. On Wednesdays, we are only available by email and via the app.
2. We are closed on official Dutch public holidays.
3. You can report issues via the customer portal, by email to support@cloudformatie.nl, or by phone during our support hours.
4. Extended availability, response times, or an off-peak breakdown service are agreed upon per service in a management package or SLA. Without such an agreement, standard support times apply.
5. We charge for work that is not covered by your subscription or package at our applicable hourly rate. We will consult with you in advance if this is the case.

9. Execution and availability

1. We perform our services diligently, to the best of our ability and in accordance with the state of the art. Unless expressly agreed otherwise, this is an obligation of effort and not an obligation of result.
2. We strive for the highest possible availability. Guaranteed availability applies only if we have agreed to it in writing, for example in an SLA or a product description.
3. Services may be temporarily unavailable for planned maintenance. We schedule this outside of office hours as much as possible and announce it in advance on our status page.
4. We may engage third parties for the execution. We will remain your point of contact.
5. Stated delivery times are an indication, unless we have agreed on a firm deadline in writing.

10. Your obligations and fair use

1. You use the services in accordance with the law and these terms and conditions. It is not permitted to use our services to send spam, distribute malware, infringe on the rights of others, or disrupt the operation of our systems.
2. You are responsible for the content you store or publish via our services, and for the use of your accounts. Keep passwords secret and use multi-factor authentication where possible.
3. If we receive a report or complaint regarding content accessible via your service that, in our judgment, is unlawful or criminal, we will first ask you to remove that content yourself. If you fail to do so in a timely manner, or if there is an urgent situation such as malware, phishing, or an order from a competent authority, we may immediately make the content inaccessible or remove it. We will inform you of this. We are not obligated to actively monitor content and are not liable for any damage resulting from such a measure.
4. If you use a service much more intensively than usual and this burdens our systems or other customers, we will consult with you first. If we are unable to reach a solution, we may take appropriate measures.
5. You provide us with the information, access, and cooperation necessary to deliver the service in a timely manner.

10a. Security

1. We secure our services at a level commensurate with the state of the art, the risks, and the costs, or in accordance with what we have agreed upon in your service description or quotation. No security is complete: we cannot guarantee that security is effective in all circumstances.
2. You are personally responsible for the security of systems, devices, accounts, and networks that are not managed by us, and for the use your employees make of the services.
3. If you notice a (suspected) security incident or account misuse, report it immediately to our support. If an incident in our services affects your data, we will let you know without undue delay.
4. We may adjust security measures if necessary for safety, without the service becoming materially worse. You may not circumvent or disable security measures.
5. If your organization falls under the Cybersecurity Act (NIS2), you remain personally responsible for complying with your legal obligations. We support you in this according to the agreements in your service. You can find more information on our page about NIS2 legislation.

10b. Artificial intelligence (AI)

1. If we deliver, install, or manage AI applications, such as Microsoft 365 Copilot, the results may be inaccurate or incomplete. Check the results before using them; we do not guarantee their accuracy.
2. You ensure human oversight of the use of AI and that employees who use AI have sufficient knowledge of it.
3. You use AI applications according to the instructions and terms of the provider, such as Microsoft.

11. Backups and data

1. The description of your service states which backups we make, how often, and how long we retain them. If no backup is included in your service, you are responsible for securing your data yourself.
2. For Microsoft 365 and Exchange Online, we always recommend a separate backup, because Microsoft does not create a full backup that you can restore yourself. If you do not choose to do so, we cannot recover lost emails or files and are not liable for this.
3. After the end of a service, we retain your data for 30 days so that you can transfer it. After that, we delete it, unless the law requires us to retain it longer.

12. Intellectual property

1. All rights to software, designs, documentation, and other materials that we develop remain with us or our licensors, unless we agree otherwise in writing.
2. For websites and designs that we create for you, you receive the right to use them without restriction for your own organization upon full payment. Third-party themes, plugins, fonts, and images used are covered by the license of that third party.
3. You are personally responsible for the rights to texts, logos, photos, and other materials that you provide.
4. We may mention a website we created for you in our portfolio, unless you do not want us to.

13. Liability

1. Our liability is limited to compensation for direct damage, up to a maximum of the amount you paid for the relevant service in the twelve months preceding the event causing the damage, with a maximum of €25,000 per event.
2. We are not liable for indirect damages, such as consequential damages, lost profits, lost savings, loss of data, and damage due to business interruption.
3. The exclusion for data loss does not apply if the loss is the result of the failure to perform, or the improper performance of, a backup that we expressly agreed upon with you. In that case, we will reimburse the reasonable costs of recovery, within the limits of paragraph 1.
4. The restrictions do not apply in the event of intent or willful recklessness on our part or that of our executives, and not to the extent prohibited by law for consumers.
5. We are not liable for failures or errors in third-party services over which we have no control, such as the network of a telecommunications provider, Microsoft services, or a domain registry, except where we are at fault ourselves.
6. You must report damage as soon as possible, but no later than 12 months after you became aware of it.

14. Force Majeure

We are not obliged to fulfill an obligation if this is impossible due to force majeure. Force majeure includes, but is not limited to: disruptions at suppliers or networks, power outages, cyberattacks despite reasonable security, government measures, and natural disasters. If the force majeure lasts longer than 60 days, both parties may terminate the agreement for the relevant service in writing.

15. Privacy and confidentiality

1. We handle personal data carefully, in accordance with the GDPR. You can read how we do this in our privacy policy.
2. If we process personal data for you as a business customer, for example in your mailboxes or on your server, we are the processor and you are the controller. Upon request, we will enter into a data processing agreement with you.
3. We keep confidential information we receive from you secret, unless required by law to share it.

16. Amendment of these terms and conditions

We reserve the right to amend these terms and conditions. We will announce changes at least 30 days in advance by email or in the customer portal. If you do not agree with a change that is to your disadvantage, you may cancel the relevant service effective from the date the change takes effect.

17. Complaints, applicable law and disputes

1. If you have a complaint, please email info@cloudformatie.nl. We will respond substantively within 14 days.
2. Dutch law applies to all agreements.
3. We submit disputes to the competent court of the District Court of Northern Netherlands. A consumer may choose the court competent under the law within one month after we have invoked this provision.

Part B. Additional agreements per service

B1. Domain names

1. We register a domain name in the customer's name, in accordance with the rules of the relevant registry. For .nl, these are the rules of SIDN. You are and remain the holder of your domain name.
2. We only know for certain whether a domain name is available after registration. We are not liable if a name is registered by someone else in the meantime.
3. Domain names are registered annually and automatically renewed. If you do not wish to renew a domain name, cancel it at least one month before the expiration date.
4. You are personally responsible for ensuring that your domain name does not infringe on the rights of others.
5. If you want to switch to another provider, we will give you the transfer code, even if your contract is still running. However, outstanding invoices must be paid.
6. The free .nl domain for the first year with certain hosting packages applies only to the initial registration. After that, the standard annual rate applies.

B2. Web hosting, reseller hosting and VPS

1. Web hosting does not include mailboxes. You can send up to 300 emails per month from your website via SMTP for free, for example for contact forms and notifications. For mailboxes, you use our email hosting with Exchange Online.
2. The storage, data traffic, and other specifications are listed in your package description. “Unlimited” means unlimited under normal use, as referred to in Article 10.
3. With reseller hosting, you are responsible for your own customers and the content they post. These terms and conditions also apply to their use.
4. With a managed VPS, we perform the management as described in the package. If you change the configuration yourself, you do so at your own risk.
5. Hosting and domain names for business customers are automatically renewed. Cancellation is possible at the end of the term, with a one-month notice period.
6. SSL certificates purchased separately are not automatically renewed. Free certificates included with hosting are automatically renewed for the duration of the hosting package.

B3. Email hosting, Microsoft 365 and other Microsoft licenses

1. We provide our email hosting via Microsoft Exchange Online.
2. Microsoft licenses fall under the Microsoft licensing model (New Commerce Experience). With a monthly license, you can cancel on a monthly basis. With an annual license, you are committed to the number of licenses purchased for a year. You can increase the number in the interim, but not decrease it.
3. Microsoft only allows full cancellation within 7 days of purchase or renewal. After that, we can only terminate a license at the end of the term.
4. Licenses are automatically renewed for the same duration, unless you cancel at least 7 days before the renewal date.
5. We are allowed to pass on price changes by Microsoft, even during the contract term if Microsoft does so itself.
6. We only provide non-profit licenses to foundations with valid ANBI status. If that status expires, we switch to the regular license and the regular rate.
7. See Article 11 regarding the importance of a separate backup of Microsoft 365.

B4. Telecom services: business fiber optic, VoIP telephony, mobile and business TV

1. We provide telecom services only to business customers.
2. We provide these services via third-party networks, such as KPN. Availability and speed at your address depend on the capabilities of that network. Stated speeds are maximum speeds, unless a guaranteed speed has been agreed upon in writing.
3. After the initial term, a telecom service is tacitly renewed. You can then cancel at any time free of charge, with a notice period of up to one month.
4. When keeping your number, we transfer your existing number according to the rules for number porting. You provide us with the correct details for this.
5. VoIP telephony works via your internet connection. In the event of a connection or power outage, you may not be able to make calls, including to 112. Therefore, ensure you have an alternative, such as a mobile phone.
6. We bill call costs and usage outside your bundle retrospectively based on actual usage.
7. For business TV, you may only use the footage at the location and for the purpose for which the license was issued.

B5. Managed services: workplace, server and network management, managed Wi-Fi, security and backup

1. What is covered by management is stated in the chosen package or in the quotation. Response times and availability outside standard support hours only apply if they are included in the package or in an SLA.
2. Management contracts have a minimum term of one year, unless otherwise agreed. Thereafter, they are extended by one year. Termination is possible at the end of the term, with a notice period of three months.
3. We bill for workplace management per workstation or user. If additional workstations are added, we adjust the monthly amount.
4. We take reasonable security measures, but no security is complete. We are not liable for damage caused by an attack, unless it is the result of a failure in the measures we have agreed with you.
5. For a backup service, we periodically test whether recovery works, as stated in the service description. Recovery work that is not covered by the service is charged at our hourly rate.

B6. Hardware

1. Hardware remains our property until you have paid everything in full.
2. The manufacturer's warranty applies to hardware. We will assist you with a warranty claim. Damage caused by misuse, accidents, or modifications by others is not covered by the warranty.
3. If you rent hardware on a monthly basis, it remains our property. At the end of the agreement, you must return the hardware to us in good condition.
4. We charge for on-site installation according to the quotation or at our hourly rate.

B7. Websites, webshops and website maintenance

1. For building a website or webshop, we require a 50% down payment upon commencement of the order. We will invoice the remainder upon completion.
2. You submit texts, images, and other materials on time. If the project is delayed as a result, we reserve the right to adjust the schedule.
3. The quotation states how many rounds of revisions are included. We charge for additional changes at our hourly rate.
4. After delivery, you have 14 days to report errors. After that, the website is considered accepted.
5. Website maintenance includes the work listed in the maintenance package. Changes you make to the website yourself are at your own risk.
6. At Clouddo, you build your own website. We provide the platform and hosting, and help you if you get stuck.

B8. Advice and projects

1. We provide advice to the best of our ability, based on the information we receive from you. You decide whether to follow it.
2. We settle projects according to the quotation, based on a fixed price or post-calculation. We discuss additional work with you in advance.

Questions about these terms and conditions? Email info@cloudformatie.nl or call +31 85 487 72 18 during our support hours.