Below, you will find a simplified version of our terms and conditions applicable to all our services. Please note that the downloadable PDF is the legally binding document and takes precedence in case of any discrepancies.
Contact Information
Cloud Captains
Herenstraat 10a, 2511EA The Hague
KvK / CoC: 69173079
info@cloud-captains.com
1. Applicability
These terms apply to every offer and Agreement. Conditions applied by the Client are rejected.
2. Offers
Offers are valid for 1 month. The Client warrants the information provided is correct.
3. Rates and financial provisions
Prices in Euros ex VAT. Payment via direct debit or invoice (14 days). Rates may be indexed annually.
4. Transfer
Right to use software and title to goods pass only after full payment.
5. Complaints
Must be notified in writing within 30 days.
6. Term and termination
Agreements are for indefinite periods or renewed annually, with a 3-month notice period.
7. Liability
Liability is limited to the contract price (max 1 year) with a cap of €250,000 for direct damages. Indirect damages excluded.
8. Force Majeure
No obligation to perform in case of force majeure. Termination possible after 90 days.
9. Intellectual property
Rights remain with Cloud Captains. Client gets a non-exclusive right to use.
10. Acceptance
Occurs upon use or after acceptance procedure.
11. Warranties
Best effort obligation to repair errors. No guarantee for uninterrupted operation.
12. Third Party Software
Terms of third parties apply. Cloud Captains is not responsible for third-party software.
13. Data exchange
Client guarantees data lawfulness.
14. Courses and training
Cancellation free of charge until 2 weeks before start.
15. Suspension and setoff
Cloud Captains may suspend services upon non-payment. Client cannot set off claims.
16. Software
Use for own organization only. Maintenance performed if agreed.
17. SLA / Back-ups
SLA only if written. Client responsible for backups.
18. Terms and deadlines
Deadlines are approximate unless agreed otherwise.
19. Non-disclosure
Confidentiality applies to both parties.
20. Non-solicitation
Client may not hire Cloud Captains staff during and 1 year after agreement (Penalty €10,000).
21. Applicable law
Dutch law applies. Mediation (SGOA) first, then arbitration/court.
22. Definitions
GDPR definitions apply.
23. General (GDPR)
Cloud Captains processes data on instruction of the Controller.
24. Security measures
Appropriate measures taken pursuant to art 32 GDPR.
25. Personal Data Breaches
Cloud Captains notifies Controller without delay. Controller responsible for reporting to authorities.
26. Third parties
Subprocessors allowed with notification to Controller.
27. Confidentiality (GDPR)
Secrecy regarding personal data.
28. Processing outside EEA
Only with safeguards or consent.
29. Liability (GDPR)
Liability limited as per main Agreement. Administrative fines cannot be recovered.
30. Obligations upon termination
Return or destruction of data upon request.
General Terms and Conditions Cloud Captains - July 2024
