LEGAL RELATIONSHIP
1. These Terms and the Quotation(s) govern the contractual relationship between LEVEL27 and the CLIENT (hereinafter also referred to as the “Contract”) concerning LEVEL27’s activities and services related to web hosting, domain names, cloud servers, IT consultancy, and IT services. The terms and conditions of third-party suppliers (such as license terms, SLAs, domain registration conditions, etc.) which were communicated to the CLIENT before the Contract was concluded, shall also apply as complementary and integral parts. In case of conflict between the third-party terms and LEVEL27’s own general terms, LEVEL27’s terms shall prevail.
2. The Contract is concluded upon acceptance of the Quotation(s) by the CLIENT. By doing so, the CLIENT acknowledges having thoroughly read, understood, and accepted both these Terms and the Quotation(s), and confirms having been sufficiently informed about the subject of the Quotation(s). Any general or invoice terms of the CLIENT shall under no circumstances apply, even when using the CLIENT’s order forms, and not even as supplementary terms.
EXECUTION
3. LEVEL27 undertakes to carry out the entrusted assignments with due care and is only bound by a best-efforts obligation. All advice provided is non-binding.
4. Any execution deadlines are given for informational purposes only and are not binding for LEVEL27 unless expressly agreed otherwise in writing. Delays can never lead to penalties, compensation, or termination of the Contract.
5. The CLIENT shall provide LEVEL27, at all stages of the execution and in any case within a period to be agreed between the parties, with all information deemed necessary by LEVEL27 for performing the Contract. If the necessary information is not provided in time, LEVEL27 has the right to suspend execution and/or invoice any resulting additional costs to the CLIENT. The CLIENT alone is responsible for ensuring that all provided information is lawfully usable and does not infringe upon third-party rights. In case of dispute, the CLIENT shall indemnify LEVEL27 in accordance with article 36.
6. LEVEL27 has the right to subcontract parts of the work.
HOSTING SERVICES
7. At the start of the collaboration, the CLIENT will receive a username and password and gain access to the location provided by LEVEL27 on the system.
8. If the Contract includes the provision of resources such as disk space, memory, or CPU, the CLIENT shall not exceed the agreed limits. Exceeding the limits will incur an additional fee according to the rates specified in the Quotation(s).
9. The Contract includes backup, failover, or recovery services only if expressly agreed in writing.
10. The Contract is concluded for the agreed duration. If no duration is specified, it shall be deemed to run for twelve (12) months and shall be tacitly renewed for the same period unless terminated in writing at least one (1) month prior to the anniversary date.
11. LEVEL27 has the right to immediately remove the CLIENT’s website(s) from the system without prior notice if:
* the website causes persistent or frequent technical disruptions to the system;
* the website receives so much traffic that it causes system disruption;
* an attempted or actual hacking of the website is detected;
* the website is used to send spam in any form;
* or the CLIENT violates public order or morality.
12. Only if agreed in writing, LEVEL27 will assist in the transfer of the website and associated domain to the CLIENT or another provider, subject to payment. Unless otherwise agreed, the following files will be deleted at the end of the Contract: data, websites, email addresses, aliases, and mailing lists.
DOMAIN NAMES
13. If LEVEL27 provides services related to domain names, such as registration, renewal, transfer, or assignment, the applicable rules and procedures of the relevant authorities must be observed. LEVEL27 will provide the CLIENT with these conditions upon request. The CLIENT shall pay all costs associated with the registration or transfer, plus a handling fee.
14. LEVEL27 can under no circumstances be held responsible if a desired domain name cannot be assigned to the CLIENT, regardless of the reason.
15. LEVEL27 is not responsible for the content or composition of the domain name nor its usage. The CLIENT is solely responsible for ensuring the lawful use of the domain name and that it does not infringe upon third-party rights.
COMPLAINTS
16. All complaints must be submitted by registered mail within eight (8) calendar days after the alleged fault or negligence is discovered or could reasonably have been discovered. Complaints outside this period will not be accepted.
17. Complaints do not justify withholding payment; immediate payment may be demanded.
18. If a defect is reported in time, LEVEL27 has the right to choose whether to repair it or offer compensation.
19. Legal actions must be initiated by the CLIENT within six (6) months after the discovery of the alleged failure, or the claim will be void.
PRICING
20. Prices are set out in the Quotation(s), are in euros, exclusive of VAT, and apply only to the specific assignment described.
21. Agreed prices are invoiced periodically. All payment obligations are non-cancellable and non-refundable.
22. Prices may be adjusted annually on the anniversary of the agreement based on the consumer price index using the following formula:
Base price × index of the month prior to the anniversary/index of the month prior to the start date.
23. Any work not included in the Quotation(s) but agreed upon with the CLIENT will be considered additional work and invoiced at the current hourly rate. This may be proven using timesheets, communications, etc.
INVOICING TERMS
24. All invoices must be paid within thirty (30) calendar days and are sent electronically.
25. Any invoice not paid in full on the due date will automatically incur a fixed and irreducible late fee of 10% of the outstanding amount, with a minimum of €250. Statutory interest for late payment will also be due without notice.
26. If the CLIENT fails to meet the agreed payment terms, all open invoices become immediately due, and LEVEL27 may suspend services or consider the Contract terminated, without prior notice or court intervention.
27. In case of dispute, the CLIENT must contest the invoice by registered mail within eight (8) calendar days of receipt, or the claim will be void.
LIABILITY
28. LEVEL27 is not liable for acts or omissions of third parties it cooperates with or whose services it uses. The CLIENT accepts that LEVEL27’s liability is limited to the extent accepted by these third-party providers.
29. LEVEL27 is not responsible for the content of the CLIENT’s website or its malfunctioning due to actions by the CLIENT, third parties, or external factors such as system interruptions, lack of data security, internet access issues, etc.
30. Information sent via the internet is generally accessible due to the nature of the network. LEVEL27 cannot be held liable for damages resulting from the transmission of confidential data over the internet.
31. LEVEL27 is not responsible for securing the CLIENT’s website(s) or systems and cannot be held liable for data misuse by third parties.
32. LEVEL27 is not liable in cases of force majeure, including phone or cable outages, attacks, fire, floods, pandemics, or illness among staff.
33. If LEVEL27 is held liable, its liability is limited to:
* direct damage only, excluding indirect damages such as lost profits, revenue, consequential damages, or third-party claims;
* compensation up to the value of the missed service as stated in the Service Level Agreement.
34. The CLIENT shall indemnify LEVEL27 against all third-party claims for damages arising from unlawful or negligent use of products or services.
35. The CLIENT is also liable for damages LEVEL27 may suffer due to the CLIENT’s failure to meet contractual obligations.
FINAL PROVISIONS
36. The Contract constitutes the entire agreement and supersedes all previous written or oral communications between the parties.
37. The hierarchy of applicable documents is as follows: signed Quotations, framework agreements, LEVEL27 General Terms and Conditions, data processing agreements.
38. Parties commit to providing accurate contact details and to inform each other of any changes within fifteen (15) calendar days.
39. LEVEL27 may assign its rights and obligations under this Contract to third parties without CLIENT’s prior consent. The CLIENT will be informed accordingly.
40. If any provision of this Contract is deemed invalid or unenforceable, the rest of the Contract shall remain in effect. The invalid provision shall be replaced by a valid one consistent with the parties’ original intent.
41. LEVEL27’s failure to enforce any provision shall not be interpreted as a waiver of that provision.
42. Any disputes regarding the formation, execution, or validity of this Contract shall be subject to the exclusive jurisdiction of the Commercial Court of Antwerp, Hasselt division. Belgian law shall apply.
43. LEVEL27 has the right to:
* unilaterally amend these General Terms. Changes also apply to existing Contracts after thirty (30) days’ written notice. If the CLIENT does not accept the changes, they may terminate the Contract within thirty days;
* refer to the CLIENT collaboration in promotional materials as a reference.