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terms of service towards the cloud home services resources features pricing k search toggle theme go to contact page book a call open main menu legal terms of service how towards the cloud governs aws consulting engagements and service delivery last updated on november 1 2022 terms of service privacy policy general provisions definitions in these terms and conditions the following terms will have the following meanings client the natural or legal person that has instructed the contractor to perform activities being the customer for the purpose of these adjusted terms of delivery contractor towards the cloud hereafter referred to as towards the cloud activities all activities for which the client has issued explicit and implicit instructions whether or not documented in an order confirmation quotation or equivalent document agreement any written document signed by an authorized representative confirming the issue of one or more orders to towards the cloud by the client including but not limited to a quotation order confirmation hiring agreement or sub agreement hereafter referred to as the agreement applicability these terms and conditions apply to all offers quotations activities agreements and orders between towards the cloud and the client insofar as the parties do not expressly deviate from these terms and conditions in writing the present terms and conditions also apply to all agreements with towards the cloud whose performance requires the engagement of third parties the third parties engaged by towards the cloud may invoke the present terms and conditions towards the client any purchasing conditions applied by the client are excluded and expressly rejected by towards the cloud if one or more of the provisions of these general terms and conditions are void or voided the remaining provisions of these general terms and conditions will remain in full force in that case towards the cloud and the client will hold consultations in order to agree new provisions replacing the void or voided provisions whereby the tenor and purport of the original provision will be observed to the greatest possible extent the client is not permitted to make these products available to third parties otherwise than for the purpose of obtaining an expert opinion on towards the cloud s work commencement and duration of the agreement the agreement will only be formed and commence at the moment when the agreement signed by both parties is in towards the cloud s possession the parties are free to prove the formation of the agreement by other means the agreement is concluded for an indefinite period unless it ensues from the nature or purport of the order issued that it was concluded for a definite period termination agreements are deemed to have been concluded for the duration specified in the agreement early termination will only be possible if well founded reasons of culpability can be put forward to towards the cloud which would preclude the continuation of the activities and or for reasons explicitly agreed in the agreement provision of information by the client the client is obliged to make all data and documents which towards the cloud considers necessary for the correct execution of the order issued available to towards the cloud in good time in the desired format and in the desired manner the client must ensure that towards the cloud is informed immediately of any change in facts and circumstances that may be relevant in connection with a the correct compilation of a quotation or b the correct compilation of a plan of approach or c the correct execution of the order work location in the event that one or more towards the cloud employees perform activities on the client s premises the client will provide the facilities reasonably required free of charge such as a working space a workstation access to relevant systems and applications and internet and vpn connections the client will indemnify towards the cloud against claims from third parties including towards the cloud employees who sustain damage in connection with the performance of the agreement that is due to an act or omission on the client s part resulting in failure to fulfil the obligations imposed by health and safety regulations secrecy towards the cloud is obliged to observe secrecy towards third parties that are not involved in the performance of the agreement this secrecy concerns all confidential information made available by the client and the results obtained through processing that information towards the cloud is not entitled to use the information made available by the client for a purpose other than that for which it was obtained the client is obliged to observe secrecy towards third parties in respect of the price agreements made with towards the cloud the client is not permitted to publish disseminate and or disclose to third parties the contents of offers put together in written or electronic format by towards the cloud and its partners towards the cloud reserves the right subject to the secrecy obligations to share information about the business es and or the order with its employees for knowledge sharing purposes intellectual property towards the cloud reserves all rights relating to products of the mind which are or have been used in the context of the performance of the agreement with the client insofar as rights can exist or be created in respect of those products in a legal sense the client is not permitted to make these products available to third parties otherwise than for the purpose of obtaining an expert opinion on towards the cloud s work delivery deadlines if a deadline has been agreed within the term of the agreement for the completion of particular activities this will never be a final deadline if an execution deadline is exceeded therefore the client will have to give towards the cloud written notice of default payment the client must pay the invoice amount within 14 days of the invoice date via a transfer to a bank account to be specified by towards the cloud insofar as the payment relates to activities without being entitled to any discount or set off if the client fails to effect payment within the aforesaid period or within a different period agreed by the parties it will be in default by operation of law and towards the cloud will have the right without any further demand or notice of default being required to charge the client interest at the statutory rate from the due date until the date when payment is effected in full without prejudice to any of towards the cloud s other rights all costs associated with the collection of the claim will be at the client s expense in the event of a jointly issued order the clients will be jointly and severally liable for the payment of the invoice amount insofar as the activities were carried out for the benefit of the joint clients for international clients non dutch towards the cloud offers payment processing through the aws marketplace when using aws iq payments are processed through the client s existing aws billing infrastructure with funds held in escrow until successful milestone completion this provides milestone based payments tied to project deliverables secure payment processing through aws infrastructure consolidated billing with other aws services escrow protection for both parties complaints complaints regarding the activities performed and or invoices must be communicated to towards the cloud in writing within 30 days of the date of dispatch of the documents or information about which the client has a complaint or within 30 days of the defect being detected if the client demonstrates that it could not reasonably have detected the defect any earlier a complaint as referred to in the previous point will not suspend the client s payment obligation if the claim is not submitted in time all the client s rights in relation to the complaint will lapse liability every order accepted by towards the cloud involves a best efforts obligation towards the cloud can never be held liable for results not achieved towards the cloud will only be liable for shortcomings in the performance of the agreement which are the result of demonstrable intent or gross negligence bordering on intent in providing advice and performing the agreement towards the cloud rejects all liability for activities carried out by third parties insofar as these parties themselves concluded an agreement with the client if and insofar as towards the cloud could be held liable in any way on whatever grounds this liability will be limited at all times to the amount of the invoices up to a maximum of eur 25 000 the client undertakes to indemnify towards the cloud against all liability and all claims enforced at law or otherwise arising from or relating to the performance of activities by towards the cloud with the exception of liability and claims due to gross negligence or demonstrable intent on the part of towards the cloud towards the cloud will not be liable for damage delays or any form of inconvenience caused by third party software if this is due to a faults in the software supplied b incorrect use of the software c modification of the software by parties other than towards the cloud or d the use of software for purposes for which it was not intended without prejudice to the provisions of this article only damage which is sustained within six months of the delivery of the item and or the end of the agreement and which furthermore is reported in writing to towards the cloud within a period of 14 days of its detection will be eligible for compensation right of suspension towards the cloud is entitled to suspend the fulfilment of all its obligations until the moment when all due and payable claims against the client have been paid in full towards the cloud s claims against the client will be immediately due and payable in the event that a circumstances which came to towards the cloud s attention after the conclusion of the agreement give towards the cloud good grounds to fear that the client will not fulfil its obligations or b towards the cloud asked the client when the agreement was concluded to provide security for its performance and this security has not materialized or is inadequate in the aforementioned situations towards the cloud will be entitled to suspend the further performance of or terminate the agreement without prejudice to towards the cloud s right to claim compensation applicable law and choice of forum all agreements between the client and towards the cloud to which these general terms and conditions apply will be governed by dutch law any and all disputes relating to agreements between the client and towards the cloud to which these terms and conditions apply and which do not come under the subdistrict court s jurisdiction will be settled by the competent court of the district in which towards the cloud is based unless these are disputes which do not concern the client s business or profession the client is free to institute disciplinary proceedings or to submit the dispute to an arbitration panel set up for that purpose rates and prices all rates and prices stated exclude turnover tax vat and other government levies all rates and prices stated are valid until the end of the calendar year in which the agreement was concluded unless the agreement provides otherwise towards the cloud reserves the right to index its rates as at 1 january of every calendar year unless the agreement provides otherwise where applicable towards the cloud will notify the client in writing 30 days before the actual indexation execution of the order the agreement will set out the conditions on which the order is to be executed unless stated otherwise the order will be executed on an actual cost basis and at the rates specified in the agreement towards the cloud reserves the right to have the order carried out by those employees that it considers suitable towards the cloud reserves the right to subcontract elements of the order following consultation with the client in the event of subcontracting these terms of delivery will remain in full force quotations towards the cloud s quotations are free of obligation and are valid for a period of 30 days unless stated otherwise towards the cloud will only be bound by the quotation if the client confirms the order in writing to towards the cloud within 30 days unless stated otherwise if the acceptance differs on minor points from the offer laid down in the quotation towards the cloud will not be bound by this acceptance in that case no agreement will be formed unless towards the cloud indicates otherwise the conditions set out in a quotation including but not limited to approach and prices will apply only to the activities specified in the quotation and will not automatically apply to future orders and or orders executed in parallel for any questions regarding these terms and conditions please 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