1. Introduction
These Terms & Conditions ("Terms") govern the use of the cloud infrastructure services ("Services") provided by Custodia Acer ("we", "us", "our"), registered at Bouwlust 7, 8442 AS Heerenveen, the Netherlands. By ordering or using our Services, the customer ("you") agrees to these Terms.
2. Services
We provide cloud hosting, storage and managed server environments as described in the applicable order or service description. We will use commercially reasonable efforts to deliver the Services in accordance with the agreed service levels.
2.1 Service levels
Availability targets, support response times and maintenance windows are defined in the applicable Service Level Agreement (SLA). Scheduled maintenance will be communicated in advance where reasonably possible.
3. Customer responsibilities
- Providing accurate registration and billing information;
- Keeping account credentials secure and confidential;
- Ensuring that use of the Services complies with applicable law;
- Maintaining appropriate backups of critical data, unless a managed backup service has been agreed.
4. Fees and payment
Fees are set out in the applicable order. Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing. Where the reverse-charge mechanism applies, VAT is accounted for by the recipient in accordance with applicable tax law.
5. Acceptable use
You may not use the Services to host or transmit unlawful content, to infringe third-party rights, or to compromise the security or integrity of our infrastructure or that of others. We reserve the right to suspend Services in case of material breach.
6. Data protection
Processing of personal data in connection with the Services is governed by our Privacy Policy and, where applicable, a separate Data Processing Agreement. We host and operate infrastructure within the European Union.
7. Liability
To the extent permitted by law, our aggregate liability arising out of or in connection with the Services is limited to the fees paid for the Services in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect or consequential damages.
8. Term and termination
The agreement continues for the term set out in the applicable order and may be terminated in accordance with that order. Either party may terminate for material breach that remains uncured after written notice.
9. Governing law
These Terms are governed by the laws of the Netherlands. Disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
10. Contact
Questions about these Terms can be directed to billing@custodia-acer.com.