General Terms and Conditions

These general terms and conditions govern all agreements between CALRISSIA BV and its clients.

Company Information

  • CALRISSIA BV is a legal entity under Belgian law, registered at Elsum 68, 2440 Geel, Belgium, with company number VAT-BE 0734.835.673.

Invoicing and Payment

  • Any dispute regarding an invoice must reach CALRISSIA BV within seven (7) working days of the invoice being sent, by registered mail. In the absence thereof, the invoice shall be considered accepted in its entirety. Any complaints regarding delivery or services may not be used as a pretext to suspend or delay payment of invoices.
  • Invoices are payable in cash on their due date. Our invoices are payable within thirty (30) calendar days from the invoice date. In the absence of payment on the due date, a default interest at the statutory interest rate for late payment in commercial transactions (2016: 8.5%) on an annual basis shall be charged automatically and without prior notice. Once the first notice of default has been sent, a flat-rate compensation of 15% of the invoice amount shall also be due, with an absolute minimum of EUR 125. This does not affect the right to claim compensation for further costs related to non-payment, such as legal assistance costs.
  • All our prices are net prices in EUR, excluding VAT. All taxes, duties and costs payable upon or after delivery shall be borne by the buyer. Prices communicated by CALRISSIA BV in the context of quotations are always non-binding, unless explicitly indicated as final. Prices stated in quotations are valid for thirty (30) days only, from the date the quotation was issued.
  • Termination of the commitments referred to, where applicable, may only be done by registered mail at the latest one month before the expiry of the stated period. Without termination, the agreement shall be tacitly renewed for one year at the then applicable rates.

Liability and Force Majeure

  • CALRISSIA BV is exclusively liable for any attributable serious or repeated minor contractual and/or non-contractual shortcoming caused in the performance of its obligations under this agreement. Our liability is limited to these cases. In the event of an attributable shortcoming, the buyer/client must immediately send a motivated registered notice of default upon discovery, giving CALRISSIA BV the opportunity to remedy the shortcoming. The total of our liability can never exceed what is stipulated in the relevant SLAs. CALRISSIA BV is only liable for direct damage resulting from our shortcomings. We are in no case liable for any form of indirect damage, such as consequential damage, lost profits, financial or commercial losses, increase in general costs, increased personnel costs, damage due to loss of clients, and the like. CALRISSIA BV is also not liable for any form of damage to, destruction of, or loss of data or documents. In the event of force majeure, CALRISSIA BV is entitled to suspend the performance of the agreement in whole or in part for the duration of the force majeure. Force majeure is any situation in which a foreign cause, force majeure or chance, prevents a party from fulfilling its obligation. This means that it must be an unforeseeable and unavoidable event, independent of the will of the debtor, which constitutes an insurmountable obstacle to the fulfilment of the obligation. If the force majeure is permanent and persists for more than forty-five (45) calendar days, each party has the right to terminate the agreement immediately, unilaterally and without further ado by registered mail. Services already rendered shall be charged proportionally to the buyer/client. By placing an order, the buyer/client acknowledges having been sufficiently informed in advance by CALRISSIA BV about the capabilities of the software delivered. The terms of use of standard software not developed by CALRISSIA BV, but sold to the buyer in the context of the agreement, shall be expressly complied with by the buyer/client. Any breach of these terms cannot in any way lead to liability on the part of CALRISSIA BV. The client must insure the equipment housed in our data centres against all risks. This insurance policy must include a provision waiving claims against CALRISSIA BV and its clients for damage to their equipment in respect of the insured risks. All interventions relating to the client's equipment are at the client's responsibility and risk. The client remains liable for the adequate back-up of the data that they place on our servers, unless it has been agreed that this is the responsibility of CALRISSIA BV. CALRISSIA BV cannot be held liable for data loss and commits only to the free restoration of data from the back-up medium to its data servers, if the integrity of the data was compromised by an event for which it had explicitly provided a guarantee.

Intellectual Property

  • Our creations deserve protection. Protection is provided by intellectual property rights and belongs to all entitled parties, being CALRISSIA BV and any third parties. These creations are protected by copyright, software law, database law, design law, and other applicable (intellectual) property rights. Unlawful reproduction or distribution in any way of these electronic media or any part thereof is prohibited and punishable and will be combated by all legal means. Any user who adds content to our servers is responsible for the intellectual property rights that rest upon it. The user undertakes that their actions do not in any way infringe on the intellectual property rights of any other party. If the user commits a violation in the area of intellectual property rights, these cannot in any case be attributed to CALRISSIA BV. Any factual or legal consequences are therefore entirely at the expense of the user.

Delivery and Shipping

  • Delivery times are always given for information purposes only and are not binding. A delay in delivery cannot result in breach of contract or a claim for compensation.
  • Shipping of goods is always at the risk and expense of the buyer.

Domain Registration

  • CALRISSIA BV wishes to draw attention to its retention of title. If the subject of this agreement constitutes a transfer of any property, such as electronic media, goods and services, these shall remain the exclusive property of CALRISSIA BV until receipt of full payment by the client.
    The registration of domain names with the ccTLD .be is carried out in accordance with the regulations of VZW DNS BELGIUM. The buyer/client accepts the general terms and conditions for domain name registration and declares to have been informed by CALRISSIA BV that these general terms and conditions are available on the website www.dns.be. For the registration of domain names with the ccTLD .nl, the buyer accepts the rules set out on www.nic.nl under the same conditions. For the registration of domain names with the ccTLD .EU, the buyer accepts the rules set out on www.eurid.eu under the same conditions. The registration of domain names with the TLDs .com/.org/.net/.biz/.nu/.info/.tv/... is carried out in accordance with the regulations as displayed on CALRISSIA BV's own website. The buyer/client accepts these terms. CALRISSIA BV bears no liability whatsoever for the registration of domain names in bad faith, the submission of domain names that would infringe on the rights of third parties, etc. The buyer/client shall indemnify CALRISSIA BV against any claims by third parties resulting from the registration of the domain name in question.

Hosting Services

  • The buyer/client who uses CALRISSIA BV's hosting services may in no way use the offered services or facilities, including the offered storage space, for the purpose of committing legal infringements or causing damage or nuisance to CALRISSIA BV. The activities of the buyer/client may not give rise thereto either. In principle, the buyer/client is free to fill the hosted space at their own discretion, provided they act in good faith and do not violate applicable legal rules and/or the rights of third parties, including violations of public order and morality. It is absolutely forbidden to use the virtual space in connection with the following: use of processes, programs, spamming techniques or other practices that may hinder or harm CALRISSIA BV or other parties, regardless of whether this has an actual effect on the hosting services of CALRISSIA BV; use for the promotion and/or distribution of prohibited products and services, such as illegal drugs, illegal weapons, embargoed goods, and the like; use for the promotion, incitement, facilitation and/or performance of illegal or criminally sanctionable acts and activities (this must be interpreted in the broadest sense and includes, among other things, fraudulent acts and the distribution and promotion of, for example, (child) pornographic material); use for the purpose of unauthorised intrusion into other computers and networks on the internet ('hacking'), where the client breaches any security and/or gains access through a technical intervention using false signals or a false key, or by assuming a false identity; violations of the intellectual property of entitled third parties; any possible reference to third-party websites used for unauthorised activities. The buyer/client expressly agrees to the special provisions regarding hosting, of which the buyer/client has been able to take note at www.calrissia.com regarding hosting. The performance of hosting services means the storage of various types of content, such as text and images, on the virtual space. We obtain express and unrestricted permission to reproduce, communicate to the public or further distribute the protected content in the virtual storage space as necessary for the practical performance of the hosting services. The client is fully and exclusively responsible for any use made of their virtual storage space. They must also take care of the personal and confidential handling of any assigned login details, such as username and password. The client must inform CALRISSIA BV in the event of (suspicion of) a breach of confidentiality.

Governing Law and Dispute Resolution

  • Belgian law applies to all agreements concluded with CALRISSIA BV. The nullity or invalidity of a provision or part of a provision of these terms shall not affect the operation of the remaining provisions. The disputed provision shall be deemed to stand on its own and not to apply. CALRISSIA BV reserves the right to replace the relevant provision with a valid provision of similar purport. Any dispute regarding the validity, interpretation, enforcement, performance or termination of an agreement with CALRISSIA BV shall fall under the exclusive jurisdiction of the courts where CALRISSIA BV has its registered office. Disputes should be resolved by amicable agreement as far as possible.

Privacy

  • CALRISSIA BV collects and processes personal data for administrative and commercial purposes in the performance of its duties under this agreement. CALRISSIA BV is considered the data controller when CALRISSIA BV determines the purpose and means of the processing. Such processing operations are carried out exclusively in accordance with applicable privacy legislation and on the basis of the Privacy Policy as provided on our website.

Delivery and Return Policy

  • Orders for shared hosting products are only activated upon receipt of payment (immediately after online payment or within 3 working days after bank transfer). Since services become active immediately upon receipt of payment, there is no right to return the service or refund the amounts paid.