Date of last update: 21st of April 2020
At Go For Cloud, we want to ensure that relationships with our Customers run as smoothly as possible. We appreciate the trust you place in Go For Cloud and take your rights very seriously. With the prior information and conditions below, we want to provide you with a clear and unambiguous overview of your rights, and sometimes obligations as well. If something is not clear after all, we would appreciate it if you would notify us.
Please read this information carefully before agreeing to it. Go For Cloud may change these Terms and Conditions and the new Terms and Conditions will apply to a new order. The order you will now place will be subject to the current Terms and Conditions. You can print out the text or save it on the hard disk of your computer.
The website of Go For Cloud, a Private Company (‘BV’) with registered office at Kortestraat 1, 3520 Zonhoven BE0715.445.472, (hereinafter 'Go For Cloud') offers its customers two types of services:
- Hosting services
These general terms and conditions ("Terms and Conditions") apply to all its customers (present, former and future), whenever a customer (hereinafter the "Customer") visits or uses the website and its information.
In these Terms and Conditions, the following terms are used in the following sense, unless expressly stated otherwise:
- Customer: "the opposing party of Go For Cloud”.
- Agreement: "any mutual acceptance, confirmed in writing or by e-mail, of the delivery of one or more products or services of Go For Cloud".
Scope of application
By visiting the website, the Customer agrees that he or she has consulted these Terms and Conditions and explicitly accepts the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been previously, in writing and explicitly accepted by Go For Cloud. By way of exception, provisions of the Terms and Conditions may be waived by written agreement. Such waivers may consist of the amendment, addition or deletion of the provisions to which they relate and do not affect the application of the other provisions of the Conditions.
By visiting our website, viewing, opening or otherwise making use of one or more services or information created, collected, compiled or submitted to Go For Cloud, you expressly acknowledge to have been informed about and accepted our Terms and Conditions pre-contractually. If you do not wish to be bound by our Terms and Conditions, your only option is not to visit, view or otherwise use one or more services and products offered by Go For Cloud, unless agreed in writing. You understand, accept and agree that these Terms and Conditions establish a legally binding agreement between you and Go For Cloud.
Content of the website
Go For Cloud largely determines the content of the website and takes great care of the information on it. All possible measures are taken to keep the website as complete, accurate and up to date as possible, even when the information on it is provided by third parties. Go For Cloud reserves the right to change, supplement or delete the website and its content at any time, without any liability.
Go For Cloud cannot provide an absolute guarantee regarding the quality of the information on the website. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Go For Cloud cannot be held liable for any damages, direct or indirect, that the Customer may suffer as a result of the information provided on the website. Statements of Go For Cloud, including images, drawings, capacity statements, specifications, schedules, prices, price lists, material lists, brochures and other information on the website www.goforcloud.eu or other information channels, relating to our services are indicative and are only an invitation to make an offer.
If certain content of the website violates the law, the rights of third parties or good morals, the Customer must inform Go For Cloud as soon as possible via the online contact form, so that appropriate measures can be taken. Any download from the website is always at the Customer's own risk. Go For Cloud is not liable for damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the computer system of the Customer.
Despite the fact that the website is composed with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Go For Cloud. As far as the accuracy and completeness of the information offered are concerned, Go For Cloud is only bound to an obligation of means. Go For Cloud is under no circumstances liable in case of material errors, typesetting or printing errors. Go For Cloud has the right to adjust errors, even if an order has already been confirmed.
Orders and offers
Orders placed in the name of the Customer are deemed to have been placed by the Customer and are binding. Go For Cloud is entitled to attach conditions to the execution of an order and/or order, such as, for example, requesting a down payment or advance payment, or other security, and can refuse an order from the Customer without giving reasons.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant services and products. The agreement is concluded by Go For Cloud's confirmation of the Customer's order, or by Go For Cloud's commencement of the execution of the order. Confirmation can take place electronically (e.g. via the website, by e-mail or by SMS) or, if agreed, in writing (by letter) or verbally. The order confirmation is deemed to accurately and completely represent the agreement, unless the Customer objects to this in writing or electronically within 2 working days after receipt of the order confirmation. If not indicated otherwise, quotations made are valid for 30 days. Go For Cloud is only bound by its offers if the agreement is confirmed in writing by the Customer within 30 days.
Changes and additions to any provision in an agreement and/or the Terms and Conditions are only valid if they are agreed in writing and/or electronically and can only be proven by them.
Prizes and Payment
All prices mentioned on the Go For Cloud website are expressed in EURO, always excluding VAT unless stated otherwise and all other taxes or duties to be borne by the Customer, price changes and typing errors reserved. If delivery, shipping, reservation or administrative costs or other government levies are charged, this will be stated separately.
The indication of price refers exclusively to the IT services and products offered as described verbatim. The accompanying photos are intended for decorative purposes and may contain elements that are not included in the price. Go For Cloud reserves the right to change the prices of the goods, in particular if a legal price determining factor gives cause to do so.
If a fixed hourly rate has been agreed, Go For Cloud will indicate to what extent the change/completion of the agreement will result in this hourly rate being exceeded. Necessity or desirability of additional work can never be a reason for dissolution of the Agreement. Hourly rates can be adjusted annually in function of the market situation. The price stated in the agreement is binding, unless there are circumstances that increase the cost price of the ordered goods between the time of ordering and the time of delivery. In that case, Go For Cloud is entitled to increase the prices accordingly. Such a price increase gives the Customer the right to dissolve the Agreement.
Unless expressly agreed otherwise in writing, payment will take place without set-off or suspension for any reason whatsoever. The Customer agrees to reimburse the costs incurred by Go For Cloud to investigate and settle any incident referred to in these Terms and Conditions. All payments made by the Customer first serve to pay the interest and/or (collection) costs due and then to pay the oldest outstanding invoices.
The Customer is requested to fill in the invoice number upon payment. All invoices are, unless stated otherwise on the invoice, only payable by bank transfer or a deposit into the account number of Go For Cloud. The Customer must transfer the total invoice amount of the goods and/or services provided to Go For Cloud within a period of 15 days to account number BE57 0018 5313 0335, BIC GEBABEBB.
Invoices are sent to the Customer electronically, unless the Customer submits a written request to receive them by post. In that case, Go For Cloud is entitled to charge an additional cost of €4.95 per invoice sent by post. In the event of non-payment of the invoice on the due date without serious reason, the balance will be increased - without a notice of default being required - with a fixed penalty of 15% of the total outstanding invoice amounts with a minimum of €25 and a maximum of €1,500, even in the event of granting periods of grace. The Customer also loses the benefit of the granted discounts on the ordinary rate. Any order formally confirmed or contracted by the Customer is irrevocable, regardless of whether or not an advance payment has been made. Where applicable, the advance payment made by the Customer shall be deducted from the total price of the order.
Go For Cloud may involve third parties in the execution of the agreement at its own discretion. Go For Cloud may transfer rights and obligations under the agreement to third parties and will inform the Customer thereof. If the transfer of obligations to a third party is not reasonably acceptable to the Customer, the Customer will be given the opportunity to object within 5 days after receipt of the relevant notification. Both Parties will then reach an amicable settlement whereby Go For Cloud will provide a solution to the objections.
Delivery and delivery period
The stated or agreed delivery times are always approximate and are determined on the basis of data and circumstances known to Go For Cloud at the time of entering into the agreement. Specified delivery and/or execution times shall never be regarded as firm dates. The delivery of its services shall take place as soon as possible after the written order and delivery of the necessary data by the Customer. If there is a risk that the agreed delivery time will be exceeded, this will be communicated as soon as possible. In case of force majeure on the part of Go For Cloud, the period will be extended by the period of that force majeure.
If, during the execution of the current contract, the Customer expresses new wishes that fall outside the agreements made, these will be regarded as a new order. Go For Cloud reserves the right to postpone the execution of these new wishes until previous agreements have been settled.
The Customer undertakes to provide Go For Cloud with all data that Go For Cloud requires for the provision of its Hosting Services and IT Consultancy, upon request, and guarantees the accuracy and completeness thereof. If the Customer fails to comply with this request within a period of four weeks, Go For Cloud will cease its activities and the remainder of the agreed principal amount is immediately due and payable.
Go For Cloud ensures that it manages its systems properly and secures them according to the rules of the art in order to provide an optimal service. Technical Maintenance with possible interruption of the service is announced in advance on our website, without the Customer obtaining any right to compensation. In case of urgency, for example because it would adversely affect the systems or endanger safety. This will be carried out without consultation with the Customer. Any adverse consequences of this cannot be recovered from Go For Cloud.
A Service Level Agreement (SLA) may be stipulated between the Customer and Go For Cloud to provide guarantees regarding the service aspects, uptime guarantee, maintenance moments, response and repair times to faults and incidents and rights to compensation. These include, but are not limited to, implied warranties of fitness for a particular purpose and non-infringement, and assurances that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
Our services are offered for a period of 1 month (contract duration), unless otherwise agreed. Unless terminated in writing, this period is automatically extended by a period of 1 month upon its expiry. The Customer is obliged to respect in writing a notice period of 1 month, which is 1 month before the end of the subscription day, be it during the original period or during the period of extension. Without this notice, the contract period is automatically extended by 1 month and charged without any possibility of reimbursement by Go For Cloud.
In the event of a breach of the Conditions by the Customer, Go For Cloud reserves the right to take appropriate sanctions and compensation measures, such as temporary or permanent denial of access to the services. These measures may be taken without giving reasons and without prior notice. They can neither entail liability for Go For Cloud nor give rise to any form of compensation.
The Customer understands and accepts that Go For Cloud can under no circumstances be held liable for any direct, indirect, incidental, consequential or moral damages. These include, but are not limited to, damages for loss of profit, business interruption, business reputation or goodwill, loss of programs or data or other immaterial damages resulting from the use of the inability to use the service or information or a permanent or temporary cessation of such service or access to information, or the removal or corruption of any content or information, or the failure to store any content or information. The above limitation applies regardless of whether Go For Cloud was informed or should have been informed of the possibility of such damage in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted. Without prejudice to the provisions of the agreement, the compensation for attributable failure for direct damage of Go For Cloud towards the Customer, for whatever reason, per event (whereby a related series of events is considered one event) shall not exceed the price, excluding VAT, stipulated in the relevant agreement for the performance of Go For Cloud in the period of one month prior to the default of Go For Cloud.
In case of force majeure, Go For Cloud is entitled to regard the agreement as dissolved, without judicial intervention and without being obligated to pay compensation. Force majeure to fulfil our obligations applies to any foreign cause that cannot be attributed to us and that prevents the performance of the agreement or obstructs or makes it so severe that such performance cannot reasonably be required of us. Go For Cloud is not liable for the consequences of events at a hosting provider, domain name registrant or others over which Go For Cloud has no influence.
Go For Cloud is not liable for claims or legal prosecution resulting from the unlawful supply of material that violates copyright laws and/or existing brand names. The Customer is responsible for the content (such as text) on his/her website and Go For Cloud cannot be held liable for this. Defects in the materials that were hidden from Go For Cloud will not affect its responsibility and cannot cause any claim for damages.
Go For Cloud is not liable for errors or shortcomings if they are due to software or hardware or data or applications or other materials, which were not supplied by Go For Cloud and which are defective and/or which Go For Cloud did not know would be used together with the products/services it provided, or the fact that others than Go For Cloud have made changes to the products/services.
Furthermore, Go For Cloud is in no case liable for damage caused by delay, damage due to loss of data, damage due to exceeding delivery deadlines as a result of changed circumstances, damage due to poor cooperation and damage due to information or advice provided by Go For Cloud, the content of which is not explicitly part of a written agreement.
The Customer indemnifies Go For Cloud against all damages that Go For Cloud may suffer as a result of claims by third parties related to the goods or services provided by Go For Cloud, including but not limited to:
- claims by third parties, including employees of the Customer, who suffer damage as a result of unlawful acts by employees (employees and/or freelancers) of Go For Cloud who are made available to the Customer and work under the Customer's supervision or on the Customer's instructions;
- claims by third parties, including employees of Go For Cloud, who suffer damage in connection with the performance of the agreement as a result of acts or omissions by the Customer or of unsafe situations in its company, including misuse of the hosting services for illegal activities on the Internet;
- claims of third parties who suffer damage resulting from a defect in products and services provided by Go For Cloud if the defect in the materials was hidden from Go For Cloud.
Unless otherwise agreed in writing, the Customer is responsible for a backup of all data held by the Customer. This relates to the IT infrastructure (web spaces, computers, mobile devices, virtual spaces, applications, etc.). Go For Cloud can therefore never be held liable for data loss, delays or (power or internet) interruptions of the delivered goods and/or services. Go For Cloud never logs into the systems of the Customer, unless explicitly requested by the Customer by means of a service request.
The Customer shall be deemed to be in default by operation of law and the (remaining) debt shall be immediately due and payable in the event of such default:
- the Customer is in arrears of more than 2 months and/or;
- the Customer has intentionally performed acts that endanger, damage or make impossible its professional relations with Go For Cloud, other existing or future business partners, with its suppliers, with its staff, with other customers or with the government and/or;
- Go For Cloud has good reason to fear that the customer will fail to perform and fails to comply with a written reminder, stating the reasons for declaring its willingness to perform its obligations within a reasonable period set in the reminder and/or;
- the Customer applies for his own bankruptcy, is declared bankrupt, proceeds to relinquish estate, submits a request for suspension of payment, or all or part of his assets are seized and this is not lifted within 10 days after the seizure and/or;
- the order, due to negligence on the part of the Customer, remains open for more than 6 months and/or;
- the Customer is a natural person and dies.
If both parties terminate this agreement/cooperation by mutual consent, the modalities thereof may be freely chosen. These Terms and Conditions will continue to apply forever until explicitly terminated by Go For Cloud, without notice and at any time. The Terms and Conditions cannot be affected by the termination of this agreement.
Cancellation of orders is only possible after written or electronic confirmation by Go For Cloud. In case of cancellation, Go For Cloud has the right to charge 40% of the agreed price of the goods or services; this does not affect Go For Cloud's right to claim damages (e.g. lost profits).
Links to other websites
The website may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Go For Cloud and the external website or even that there is an implicit agreement with the content of these external websites.
Go For Cloud has no control over external websites and is therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the Customer clicks on the hyperlink, he leaves the website and Go For Cloud can no longer be held liable for any damages.
The material (texts, photos, graphics) provided by the Customer to Go For Cloud is the property of the Customer. All elements and data of the website provided by the Customer to Go For Cloud for placement on a web server, including all texts, images, logos, graphics, photographs, audio or video films and updates, are deemed to be and remain the exclusive property of the Customer.
To the extent that these elements are wholly or partially not the exclusive property of the Customer, the Customer guarantees that the Customer has all necessary permissions and/or licenses in view of the use of these elements. These authorisations must be stored, as the case may be:
- the right of reproduction on any digital or other medium, including the right of adaptation necessary for the transfer from one medium to another;
- the right to have graphics adapted on any medium;
- the right of electronic distribution and, where appropriate, the right to distribute the medium containing those elements;
- the right of communication to the public, with or without wire, by any means such as cable, satellite, the Internet, including making the elements available to the public in such a way that the public may have access to them at the place and at the time individually chosen by them.
The Customer indemnifies Go For Cloud against all complaints from third parties that claim to have an intellectual or other contradictory right to any of the elements or data. The Customer warrants that the holder of the rights to these elements for the entire duration of the order waives his right to oppose changes to these elements or their association with other texts, statements, elements, etc. The Customer accepts that Go For Cloud may modify the stored elements in function of the technical requirements. This is without prejudice to any right of the author to object to changes that may be detrimental to his honour or reputation.
The Customer accepts that Go For Cloud can perform all acts necessary for the execution of the web hosting service, including:
- copy the data and/or elements and their updates; both permanently and temporarily, regardless of the form or medium (including electronic);
- communicate them and/or make them available to Internet users.
Validity - Nullity
If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions. In such a case, this provision will be replaced by another valid and comparable provision.
Go For Cloud's failure at any time to enforce any of the rights listed in these Terms and Conditions, or to exercise any right thereof, shall never be considered a waiver of such a provision and shall never affect the validity of these rights.
In case of inconsistency between the text of the website, advertisements or any other expression of Go For Cloud and these Terms and Conditions, these Terms and Conditions shall prevail.
Supplement and modification of conditions
Go For Cloud reserves the right to change, extend, remove, limit or interrupt the products and services offered on the website at any time, without prior notice and without liability.
Proof and communication
The Customer accepts that electronic communications and backups may serve as evidence.
All communications between Go For Cloud and the Customer can take place electronically, except insofar as the conditions and/or the agreement and/or the law deviate therefrom. The version of the communication in question stored by Go For Cloud shall serve as proof thereof, unless proven otherwise by the Customer. The Customer shall, in a timely manner and free of charge, send all information, data and material necessary for the execution of the order directly to Go For Cloud in a customary format. The Customer is responsible for obtaining the necessary copyrights, licenses or other required permissions for this information, data and material. The Customer shall immediately inform Go For Cloud of any change in name, address, e-mail, telephone number, company number, statute or legal form.
Applicable law – Competent court
Belgian law shall apply. In the event of any disputes, the courts of Hasselt shall have exclusive jurisdiction.
If a part of these Terms and Conditions, which constitute the agreement between the parties, would be unlawful or null and void for whatever reason, this shall not affect the validity of the other parts of the agreement, unless it could not continue to exist without this null and void clause.