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aewacs Terms and Conditions

Terms and Conditions for aewacs

The service "aewacs" is offered over the internet in the form of Software-as-a-Service by the company aewacs B.V. The use of aewacs is subject to the below terms and conditions. Using aewacs constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by aewacs B.V..

Article 1. Use of the service

1.1 The service aewacs is offered for the purpose of controlling your Amazon AWS environment, using the tools available from aewacs. You choose yourself how to employ the tools and for which specific purposes. You are aware that aewacs only delivers the tools for controlling Amazon AWS and expressly does not deliver the Amazon AWS services itself.

1.2 To use aewacs, you first need to register. After completing registration, you can directly log into your account and use the service.

1.3 You must secure access to your account using the username and password against third parties. In particular, you must keep the password strictly confidential. aewacs may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified aewacs that someone else knows your password.

1.4 aewacs allows you to process personal data. aewacs acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless aewacs against all claims by third parties in connection with this Act.

Article 2. Terms of use

2.1 It it is not permitted to use aewacs for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.

2.2 In particular it is not permitted to use aewacs in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or the excessively often accessing the service.

2.3 Should aewacs discover that you violate any of the above, or receive a complaint alleging the same, then aewacs may intervene to end the violation.

2.4 If in the opinion of aewacs the continued functioning of the computer systems or network of aewacs or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, aewacs may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.5 aewacs is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition, aewacs is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

2.6 aewacs may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless aewacs from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 aewacs uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2 aewacs actively maintains aewacs. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

3.3 aewacs may from time to time adapt aewacs. Your feedback and suggestions are welcome but ultimately aewacs decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1 The service aewacs, the accompanying software as well as all information and images on the website is the intellectual property of aewacs. None of these items may be copied or used without prior written permission of aewacs, except and to the extent permitted by mandatory law.

4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). aewacs receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3 If you send information to aewacs, for example a bug report or suggestion for improvement, you grant aewacs a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4 aewacs shall refrain from accessing data you store or transfer using aewacs, unless this is necessary for a good provision of the service, reporting on the service or aewacs is forced to do so by law or order of competent authority. In these cases aewacs shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1 The use of certain functions of aewacs is subject to fees. The functions in question will inform you of the fees or are published on the aewacs website. The fee is due every month and must be paid in advance.

5.2 Payment is possible by PCI DSS compliant payment provider.

5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of aewacs shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 aewacs in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption

6.3 Damages may only be claimed if reported in writing to aewacs at most two months after discovery.

6.4 In case of force majeure aewacs is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.

7.3 Please note: it is not possible to export data you store or process using the service.

Article 8. Changes to terms

8.1 aewacs may change or add to these terms and conditions as well as any prices at any time.

8.2 aewacs shall announce through the service changes or additions at least thirty days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of aewacs after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with aewacs shall be brought before the competent Dutch court for the principal place of business of aewacs.

9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the aewacs service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by aewacs shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 aewacs is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of aewacs or the associated business activities.

9.7 As an exception to any limitations on aewacs's right to disclose information, in the event aewacs goes through a possible business transaction, such as a merger, acquisition by another company, or other sale of the company or all or a portion of its assets, Client Data (including PII) will likely be among the assets disclosed to the potential transferee (under a duty of confidentiality) and transferred, if the transferee will be continuing the Services. Client agrees that aewacs may transfer such Client Data and PII without Client’s prior consent.