Terms and conditions

  1. NUCLEUS bvba is a legal entity according to Belgian law established at Noorderlaan 133/8, B-2030 Antwerp and registered with VAT number BTW-BE 0472.322.989.
  2. Every protest against this invoice must reach NUCLEUS bvba within sever (7) working days and this invoices was sent and via registered letter. In absence of this, the invoice will be considered accepted in its entirety. Any complaints concerning the delivery or performances cannot be used as a reason for suspending or delaying payment of invoices.
  3. Invoices are cash payable on their expiration day.
    Our invoices are to be paid within thirty (30) calendar days after the invoice date. If payment was not received by the expiration date, a delay interest consisting of the legal interest rate for payment delays on trade transactions (2016: 8,5% per year) will be charged by law and without prior notice of default.
    As soon as we have sent the first notice of default, a flat fee will be owed consisting of 15% of the invoice amount with an absolute minimum of 125 EURO. This does not dismiss the right to seek compensation for further costs connected to the non-payment, such as legal assistance.
  4. All of our prices are net prices in EURO, excluding VAT. All taxes, rights and costs owed at the time of delivery or afterward, are borne by the buyer. Prices that are communicated in the context of offers are always subject to change, unless it was specifically marked as permanent. Prices in offers are only valid for thirty (30) days, from the date the offer was written.
  5. Cancellation of commitments when appropriate, can only be done through registered letter, ultimately one month before the expiration of the mentioned period. Without cancellation, the agreement will be extended implicitly for one year at the then valid rates.
  6. NUCLEUS bvba shall only be liable for any imputed serious or repeated mild contractual and / or non-contractual breach caused in the performance of its obligations under such contract. Our liability is limited to these cases. In the event of an imputed shortcoming the buyer/client must immediately, upon ascertainment thereof, send a registered motivated notice whereby NUCLEUS bvba is given the opportunity to fix the shortcoming. The total of our liability can never be higher than that determined in the applicable SLA’s. NUCLEUS bvba is only liable for the direct damage that follows from our shortcomings. We are in no case liable for any form of indirect damage, such as consequential loss, loss of earnings, financial or commercial losses, increase in general costs, increased personnel costs, damages for loss of clients and the like. NUCLEUS bvba is also not liable for any form of damage, destruction or loss of data or documents. Nucleus bvba is permitted to suspend the agreement partially or entirely in case of force majeure, for the duration of the force majeure. Force majeure is every situation where an external cause, force majeure or coincidence, prevents a party from fulfilling its commitment. This means that it has to be an unforeseen and unavoidable event, that is independent from the will of the debtor, that creates an insurmountable hindrance for fulfilling the obligation or commitment. If the force majeure is of lasting nature and continues for more than forty-five (45) calendar days, then each party has the right to end the agreement immediately, one sided, without a doubt, by means of a registered letter.
    Already delivered performances are charged in proportion to the buyer / client. The buyer / client recognizes, by placing an order, to have been informed sufficiently about the possibilities of the delivered software by NUCLEUS bvba. The terms of use of standard software that is not developed by NUCLEUS bvba, but that is sold to the buyer in the context of the agreement, will be adhered to specifically by the buyer / client. A breach of these terms cannot lead to a liability by NUCLEUS bvba. The customer is required to insure the equipment that is housed in our datacenters against all risks. This insurance policy must contain a clause wherein the customer waives the right to hold NUCLEUS bvba and its customers accountable for damage to their equipment of the customer pertaining to the insured risks. All interventions pertaining to the customer’s equipment are the responsibility of and at the risk of the customer.

    The customer remains responsible for the adequate backup of the data he places on our servers, except when it is agreed that this is the responsibility of NUCLEUS bvba. NUCLEUS bvba cannot be held accountable for the damage caused by data loss and commits only to placing back the data from the back-up-medium to its data servers for free, if the integrity of the data was compromised by an occurrence for which she had deliberately give a guarantee.

  7. Our creations deserve protection. The protection is supplied by intellectual property rights and belong to all entitled parties, being NUCLEUS bvba and possible third parties. These creations are protected by copyright, software right, database right, drawings- and design right and other applicable (intellectual) property rights. Unlawful copying or distribution in any way of these electronic media or part thereof is strictly prohibited and punishable and will be contested with all legal means.

    Every user that adds content to our servers, is responsible for the intellectual property rights that apply thereto. The user commits that his action infringe in no way upon the intellectual property rights of another party. Should the user commit a violation pertaining to intellectual property rights, then they can in no way be attributed to NUCLEUS bvba. This means any factual or legal consequences are completely the responsibility of the user.

  8. Delivery times are always given for information and are not binding to us. A delay in the delivery cannot cause a breach of contract or request of compensation.
  9. The shipment of goods is always at the risk and expense of the buyer.
  10. NUCLEUS bvba wishes to point out its reservation of ownership. Should the object of this agreement be a part of the transfer of any ownership, such as electronic media, goods and services, they will remain the exclusive property of NUCLEUS bvba up until the time of receipt of the entire payment by the customer.
  11. The registration of domain names with the ccTLD.be occur according to the rules of the VZW DNS BELGIUM. The buyer / client accepts the general terms for the domain name registration and declares to have be pointed out by NUCLEUS bvba that these general terms are available on the website www.dns.be. For the registration of domain names with the ccTLD.nl, the buyer accepts the rules explained on www.nic.nl under the same conditions. For the registration of domain names with the ccTLD.eu, the buyer accepts the rules explained on www.eurid.eu under the same conditions. The registration of domain names with the TLD’s .com/ .org/ .net/ .biz/ .nu/ .info/ .tv/ … is done according to the rules as displayed on the website of NUCLEUS bvba. The buyer / client accepts these terms. NUCLEUS bvba is not liable in any way for the malicious registering of domain names, the supplying of domain names that infringe on the rights of third parties, etc. The buyer / client will always safeguard from any claims from third parties caused by the registration of the domain name in question.
  12. The buyer / client that calls on the hosting by NUCLEUS bvba can in no way use the offered services, including the offered storage space, for breaking laws, causing damage or hindering NUCLEUS bvba. The activities of the buyer / client are not allowed to cause this either. In principle the buyer / client has the right to fill up the hosted space as he likes, as far as he acts in good faith and does not violate the laws and/or rights of third parties, including violations of public order and public decency. It is absolutely prohibited to use the virtual space for the following cases: – Use of processes, programs, spamming techniques or other practices that may hinder of damage NUCLEUS bvba or other parties, regardless of whether this has a real influence on the hosting services of NUCLEUS bvba
    – Use for the purpose of promoting and/or distributing of illegal products and services, such as illegal drugs, illegal weapons, embargoed goods and such.
    – Use for the purpose of promoting, inciting or facilitating and/or performing of illegal or legally sanctionable acts and activities. This should be interpreted in the most broad sense and contains amongst others fraudulent acts and the distribution and promotion of for example (child)pornography.
    – Use for the purpose of the unsanctioned entering of other computers and networks on the internet (‘hacking’) where the client breaches any security and/or gains entry trough a technical operation with the aid of false signals or a false key or through taking on a false persona.
    – Violations of the intellectual properties of lawful third parties.
    – Every possible reference to websites of third parties that are used for non-permitted acts. The buyer / client declares expressly to agree to the special terms concerning hosting of which the buyer / client has been able to be apprised of on www.nucleus.be. The execution of the hosting services means the storage of different kinds of content, such as text and image, on virtual space. We receive an express and unlimited permission to reproduce the protected content in the virtual storage space, to share with the public or to further spread it as is necessary for the practical execution of the hosting services. The client is completely and exclusively responsible for every use of his virtual storage space. He must also take care of the personal and confidential treatment of possibly given login-data, such as user names and passwords. The client must inform NUCLEUS bvba in case of a (suspected) breach of confidential nature.
  13. Belgian law is applicable to all agreements made with NUCLEUS bvba. The invalidity of a term or part of a term has no consequence on the working of the other terms. The disputed term is considered to stand on its own and not applicable.
    NUCLEUS bvba has the privilege to replace the disputed term by a valid term of the same meaning.
    An argument about the validity, interpretation, enforcement, execution or termination of an agreement with NUCLEUS bvba will fall under the exclusive jurisdiction of the courts where NUCLEUS bvba has its headquarters, namely the judicial district of Antwerp.
    Disputes should be settled as much as possible by amicable settlement.

Privacy

NUCLEUS bvba collects and processes, for administrative and commercial purposes, personal data in the execution of its mission in this agreement. NUCLEUS bvba is considered to be the responsible handler when the purpose and means of the processing operation is determined by NUCLEUS bvba. Such processing operations happen solely in concurrence with the valid Privacy law and based on the Privacy statement as can be found on our website.

Delivery- and return policy

An order of shared hosting products cannot be activated until after the receipt of payment (immediately after online payment or within 3 working days after a wire transfer).

As the services become active immediately after the payment is received, there is no right to the return of the service, nor the repayment of the sums paid.