Terms and Conditions of Stellarnode

Copyright © 2024 StellarNode – All rights reserved. Last updated: 01-01-2025

StellarNode, located at Louis Paul Boonstraat 21, 8480 Ichtegem, Belgium, VAT: BE1007 180 494 (hereinafter referred to as "we," "us," "our"), applies the following terms and conditions to all customers (hereinafter referred to as "you," "the customer," "the customers") using https://stellarnode.be (hereinafter referred to as "the website") and the products/services offered by us (hereinafter referred to as "the service," "the services").

1. Applicability of Terms and Conditions

• 1.1: These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of us.
• 1.2: Deviations from these terms are only valid if expressly agreed upon in writing by us and the customer.

2. Prices, Offers, and Quotations

• 2.1: The prices displayed on the website, invoices, quotations, or elsewhere are exclusive of VAT, setup costs, and any other government levies, unless otherwise stated.
• 2.2: Prices may be changed; we will provide a reason for the change to the customer. If the customer disagrees with the change, they have the right to terminate the service within 15 days of the change.
• 2.3: If the prices of suppliers increase, StellarNode has the right to raise prices or terminate the service.
• 2.4: Offers are not non-binding and are valid for a limited period unless expressly stated otherwise. The offer expires after the specified period and is no longer valid.
• 2.5: Offers and quotations do not automatically apply to repeat orders unless otherwise agreed between us and the customer.

3. Payment

• 3.1: The full amount, including VAT and setup costs, must be paid when purchasing the service or paying an invoice unless otherwise specified.
• 3.2: If the customer fails to pay on time, they are in default. If the customer remains in default for more than one day, we are entitled to suspend obligations and/or the service until full payment is received and charge additional costs.
• 3.3: If the customer refuses to cooperate with the execution of the agreement by us, they are still obliged to pay the agreed price to us.
• 3.4: If the customer refuses to pay, we may engage a debt collection agency to recover the amounts owed.
• 3.5: If the customer fails to pay within seven days of the due date, we are entitled to cancel the service, including the data linked to the service.

4. Right of Withdrawal, Refunds, and Compensation

• 4.1: When the customer purchases the service, they agree that the right of withdrawal expires as soon as the service is delivered.
• 4.2: Refunds are only possible if the service is not delivered within 3 days or if the service is so unusable that it cannot be used. Whether the service is usable is at our discretion.
• 4.3: The customer may receive compensation if the service cannot be used but can be resolved. The compensation is calculated based on the period the service was unavailable. Alternatively, the invoice date may be adjusted accordingly. These options are discussed and agreed upon with the customer.

5. Cancellation and Termination

• 5.1: The customer can cancel the service at any time via the customer panel unless otherwise specified.
• 5.2: Cancellation must occur via the customer panel; otherwise, it is not valid unless expressly (in writing) agreed upon and confirmed by both parties.
• 5.3: Upon termination of the service, we owe no compensation/refund to the customer.
• 5.4: Upon termination of the service, we are not liable for any damage or data loss.
• 5.5: Upon termination of the service, the customer is still obliged to pay any outstanding amounts or invoices within the payment term.
• 5.6: We are entitled to cancel the service in case of difficulties with the customer, suppliers, and/or third parties involved in the service.
• 5.7: Upon cancellation, all data linked to the service will be deleted and no longer available. We are not liable for permanent data loss as a result.

6. Liability and Data Loss

• 6.1: We are not liable for damage or data loss not caused by us or for which we are not responsible.
• 6.2: We are only liable for damage or data loss caused during our services or assistance if it was done with deliberate intent.
• 6.3: We are only liable for our share of the damage or data loss.

7. Force Majeure

• 7.1: If we cannot deliver the service (on time) due to force majeure, we are not liable for any damage.
• 7.2: Force majeure includes unforeseen circumstances such as illness, war, riots, sabotage, terrorism, power outages, floods, earthquakes, fire, strikes, and other disruptions at suppliers or companies on which the service depends.
• 7.3: In such cases, we are not obliged to deliver the services and may postpone delivery until the problems are resolved.
• 7.4: If such situations last longer than 30 calendar days, both parties have the right to terminate the service.

8. Maintenance and Downtime

• 8.1: We have the right to schedule and perform maintenance at any time. Scheduled maintenance will be communicated clearly, including reason, date, time, and duration.
• 8.2: Scheduled maintenance may overrun. This will be communicated clearly, and no duration is required if unknown.
• 8.3: Unscheduled maintenance is defined as maintenance communicated no later than 12 hours in advance.
• 8.4: Unscheduled maintenance may also overrun, and this will also be clearly communicated.
• 8.5: For both scheduled and unscheduled maintenance, we are not obliged to provide compensation to the customer or be liable for the impact on the customer.
• 8.6: For downtime not caused by maintenance or force majeure, we are not obliged to provide compensation to the customer.

9. Illegal Activities

• 9.1: The use of the service for illegal activities is strictly prohibited.
• 9.2: Illegal activities include, but are not limited to, DDoS attacks, hacking, sites related to hacking, trafficking, or other activities illegal under Belgian law.
• 9.3: If illegal activities are conducted, we may charge costs based on the severity, duration, or impact.
• 9.4: We may immediately suspend the service if illegal activities are detected, depending on the severity of the violation.

10. Backups

• 10.1: We create weekly backups but cannot guarantee a recent backup at all times.
• 10.2: The customer is responsible for creating backups of their service.

11. Support Inside and Outside Office Hours

• 11.1: We provide support in all areas.
• 11.2: We are not obliged to provide support for services hosted by third parties.
• 11.3: Outside regular hours, we only provide support for urgent network and server issues.
• 11.4: Urgent issues can be reported via tickets on our website.
• 11.5: "Urgent" includes issues directly affecting Stellarnode or critical customer problems.

12. Applicable Law and Jurisdiction

• 12.1: All agreements are exclusively subject to Belgian law.
• 12.2: The Belgian court in the district where StellarNode is located has exclusive jurisdiction over disputes.
• 12.3: The applicability of the Vienna Sales Convention is excluded.
• 12.4: If any provisions of these terms are deemed unenforceable, the remaining provisions remain unaffected.

13. Changes to the Terms and Conditions

• 13.1: We reserve the right to amend these terms at any time.
• 13.2: Amendments will take effect 14 days after notifying customers.

Last updated on: 01 January 2025