For Ever Digital Solutions BV
Ijzerlei 19, 3970 Leopoldsburg
TVA BE0668638222 — Company number: 0668.638.222
Registered with the Crossroads Bank for Enterprises
E-mail: [email protected]
In these terms and conditions the following definitions apply:
These terms and conditions apply to all quotes, agreements and services of For Ever Digital Solutions BV to professional clients (B2B). Consumers within the meaning of consumer law fall outside the scope of these terms.
Deviations are only valid if expressly confirmed in writing by For Ever Digital Solutions BV. In case of conflict between these terms and a specific agreement, the provisions of the specific agreement take precedence.
By placing an order or accepting a quote, the Client confirms having read these terms and conditions and expressly agrees to them.
For Ever Digital Solutions BV offers the following services:
The exact scope of the service is set out in the quote or agreement. For Ever Digital Solutions BV reserves the right to modify or extend its service offering.
All quotes are non-binding and valid for 30 calendar days from the date of issue, unless expressly stated otherwise.
An agreement is concluded upon written acceptance of the quote by the Client, or when For Ever Digital Solutions BV begins execution of the assignment following instruction by the Client.
Changes to the scope of the agreement must be agreed in writing. Additional work requested by the Client or required due to incorrect or incomplete information provided by the Client will be invoiced separately at the then-applicable hourly rate.
The Client undertakes to:
The Client is prohibited from using For Ever Digital Solutions BV's infrastructure for spam, phishing, malware distribution, DDoS attacks, intellectual property infringement or any other unlawful use. For Ever Digital Solutions BV may immediately suspend the Service upon detection of such use without owing any compensation.
The subscription fee is invoiced monthly in advance, unless otherwise agreed. One-off services (such as web development) are invoiced according to the payment schedule set out in the quote.
Invoices are payable within 14 calendar days of the invoice date, unless otherwise stated. In case of late payment, statutory default interest of 10% per year is due by operation of law and without prior notice, calculated on the outstanding amount, together with a fixed compensation of €40 in accordance with applicable Belgian payment legislation.
In the event of continued non-payment (more than 30 days after the due date), For Ever Digital Solutions BV reserves the right to suspend the Service after prior written notice. Suspension costs resulting from non-payment are borne by the Client.
All stated prices are exclusive of VAT (21%), unless expressly stated otherwise. For Ever Digital Solutions BV reserves the right to adjust prices annually in line with the cost index, with a minimum of 30 days advance notice.
Subscriptions are entered into for a minimum term of 12 months, calculated from the activation date of the Service. During the minimum term, the agreement cannot be terminated, except in the event of a material breach by For Ever Digital Solutions BV that is not remedied within 30 days of written notice.
After the minimum term, subscriptions are automatically renewed on a monthly basis. Termination is possible with one calendar month's notice, by registered letter or by e-mail with acknowledgement of receipt.
In the event of early termination by the Client during the minimum term, a compensation equal to the remaining monthly fees until the end of the minimum term is due, unless termination is the result of a material breach by For Ever Digital Solutions BV.
For Ever Digital Solutions BV guarantees 99.9% availability per calendar month for managed hosting services, measured over a rolling 30-day period. Availability is calculated as: (total time − downtime) / total time × 100%.
The SLA guarantee does not apply to:
In the event of non-compliance with the uptime guarantee, the Client receives a service credit equal to 10% of the monthly fee per full percentage point breached. Maximum compensation is the full monthly fee for the affected Service. Service credits are offset against the next invoice and do not entitle the Client to a cash refund.
Support response times: critical incidents (Service fully unavailable) are picked up within 4 hours on business days. Non-critical requests are handled within 2 business days.
All intellectual property rights in software, code, designs, documentation and other materials developed by For Ever Digital Solutions BV vest in For Ever Digital Solutions BV, unless otherwise agreed in writing.
Upon full payment of the agreed fee, For Ever Digital Solutions BV grants the Client a non-exclusive, non-transferable licence to use the delivered products for the agreed purposes. The Client may not resell, sublicence or make the products available to third parties without prior written consent.
Content, data and files provided by the Client remain the property of the Client. For Ever Digital Solutions BV processes these exclusively for the purpose of performing the Service.
Both parties undertake to keep the other party's confidential information secret and not to use it for purposes other than the performance of the agreement. Confidential information includes all information that can reasonably be considered confidential, including business data, technical configurations, pricing and client data.
This confidentiality obligation does not apply to information that:
The confidentiality obligation remains in force for 3 years after termination of the agreement.
For Ever Digital Solutions BV's liability for damage suffered by the Client is in all cases limited to the amount paid by the Client in the 3 months prior to the damage-causing incident for the relevant Service.
For Ever Digital Solutions BV is not liable for:
The above limitations do not apply in the event of wilful misconduct or gross negligence by For Ever Digital Solutions BV or its staff, or where statutory provisions prohibit limitation of liability.
The Client is responsible for maintaining its own backups of critical data, regardless of the backup services offered by For Ever Digital Solutions BV.
For Ever Digital Solutions BV processes personal data in accordance with the General Data Protection Regulation (GDPR) and Belgian implementing legislation. For more information, please refer to our privacy policy.
To the extent that For Ever Digital Solutions BV processes personal data on behalf of the Client (for example when hosting an application that contains personal data), For Ever Digital Solutions BV acts as a processor within the meaning of the GDPR. In that case the parties will enter into a data processing agreement in accordance with Art. 28 GDPR.
For Ever Digital Solutions BV is not liable for any delay or failure to perform its obligations as a result of force majeure. Force majeure means any situation beyond For Ever Digital Solutions BV's reasonable control, including but not limited to:
For Ever Digital Solutions BV will notify the Client in writing as soon as possible of a force majeure situation. If force majeure lasts longer than 30 consecutive days, either party has the right to terminate the agreement without compensation, except for Services already delivered.
For Ever Digital Solutions BV has the right to immediately suspend or terminate the Service if:
Upon termination or expiry of the agreement, For Ever Digital Solutions BV gives the Client 14 days to export its data. After this period, all Client data is permanently deleted, unless legal retention obligations apply.
These terms and conditions are exclusively governed by Belgian law. In the event of disputes, the courts of the judicial district of Hasselt have exclusive jurisdiction, unless mandatory legal provisions prescribe a different jurisdiction.
The parties undertake to negotiate in good faith in the event of a dispute in order to reach an amicable solution before taking legal action.
For Ever Digital Solutions BV reserves the right to amend these terms and conditions. Modifications are communicated to the Client by e-mail at least 30 days in advance.
Continued use of the Services after the amended terms take effect constitutes acceptance of the new terms. If the Client does not agree with the amendments, it may terminate the agreement in writing before the effective date, without additional compensation.
If any provision of these terms is wholly or partially void, voidable or unenforceable, this does not affect the validity of the remaining provisions. The parties will replace the void or unenforceable provision with a valid provision that most closely matches the economic intent of the original provision.