Terms and Conditions
Terms and Conditions V1 – 13-7-2024
1. General
These terms and conditions (hereinafter: “Terms”) apply to all offers, services, and agreements of NewMotion Agents B.V., trading under the name Cloudly365.com (hereinafter: “Cloudly365”), located at Vissersdijk 173, 3011GW, Rotterdam, registered with the Chamber of Commerce under number 68225628.
2. Definitions
Cloudly365: The trade name of NewMotion Agents B.V., which offers consultancy services and develops strategies for digital customer service channels.
Client: The natural person or legal entity that enters into an agreement with Cloudly365.
Services: All products and services offered by Cloudly365, including but not limited to consultancy and strategy development for digital customer service channels.
Agreement: The contract between Cloudly365 and the Client for the provision of Services.
3. Offers and Proposals
All offers and proposals by Cloudly365 are non-binding, unless explicitly stated otherwise. An Agreement is established upon written confirmation by Cloudly365 or by the commencement of the execution of the Services.
4. Provision of Services
Consultancy and Strategy Development: Cloudly365 provides consultancy and strategy development services to optimize the Client’s digital customer service channels.
Implementation: Cloudly365 assists with the implementation of the developed strategies to ensure effective execution.
Training: Cloudly365 offers training programs for the Client’s staff to ensure they are proficient in using new systems and delivering exceptional customer service.
5. Termination and Cancellation
Notice Period: The Client may terminate the Agreement with a written notice period of one month.
Effect of Termination: Upon termination, all rights and obligations of the Client concerning the use of Cloudly365’s Services will cease.
6. Fees and Payment
Fees: The fees for Cloudly365’s Services are specified in the proposal or Agreement.
Payment Terms: Payments must be made within the term specified on the invoice. In the event of late payment, the Client is in default without requiring further notice and owes statutory interest and collection costs.
7. Confidentiality
Both parties are obligated to maintain the confidentiality of all confidential information they receive from the other party in the context of the Agreement. Information is considered confidential if it has been designated as such or if it arises from the nature of the information.
8. Liability
Limitation of Liability: Cloudly365 is not liable for any direct or indirect damage resulting from the use of its Services, including but not limited to consequential damage, loss of profit, missed savings, and damage due to business stagnation.
Indemnification: The Client indemnifies Cloudly365 against all claims from third parties relating to the Agreement.
9. Force Majeure
Cloudly365 is not obliged to fulfill any obligation if it is prevented from doing so by force majeure. Force majeure includes all external causes, foreseen or unforeseen, that Cloudly365 cannot influence and as a result of which Cloudly365 is unable to fulfill its obligations.
10. Intellectual Property Rights
All intellectual property rights related to the Services provided by Cloudly365 remain with Cloudly365. The Client only obtains the usage rights and powers that are granted under these Terms or otherwise explicitly granted.
11. Applicable Law and Disputes
All legal relationships to which Cloudly365 is a party are exclusively governed by Dutch law. Disputes will be submitted exclusively to the competent court in the district where Cloudly365 is located.
12. Amendments to the Terms
Cloudly365 reserves the right to amend or supplement these Terms. Amendments take effect at the announced time. If no time is specified, amendments take effect as soon as they are communicated to the Client.
13. Availability, Maintenance, and Changes
Availability: Cloudly365 strives to keep its Services as available as possible but cannot guarantee uninterrupted availability unless agreed upon through a separate Service Level Agreement (SLA).
Maintenance: Cloudly365 regularly performs maintenance on its systems to ensure the quality and security of the Services. During maintenance, the Services may be temporarily unavailable.
Changes: Cloudly365 reserves the right to make changes to the Services. Cloudly365 will inform the Client in a timely manner about significant changes.
14. Data Management
Data Processing: Cloudly365 uses software from third-party providers, ensuring compliance with GDPR and other relevant regulations.
No Control Over Third-Party Operations: Cloudly365 has no control over the operations of third-party providers and is not liable for data management by these providers. Clients are advised to review the security policies of these providers.
15. Management of Personal Data
Data Security: Cloudly365 stores customer data securely and takes appropriate technical and organizational measures to protect it.
Right to Be Forgotten: Clients have the right to request the deletion of their personal data from Cloudly365’s systems. Cloudly365 will handle such requests within the legally prescribed period.
For questions or further information, please contact Cloudly365 via support@cloudly365.com.
These Terms and Conditions were last updated on 13-7-2024.
NewMotion Agents B.V. / Cloudly365.com