Article 1. Definitions
- Online4Hosting: the one-man business Online4Hosting, with its registered office in Amsterdam and registered with the Chamber of Commerce in Amsterdam under file number 34306265.
- Customer: the natural person or legal entity who has entered into an agreement with Online4Hosting.
- Under ‘general terms and conditions’ is understood: all of the provisions as set out below.
- Services: all services that Online4Hosting performs for the Customer. This includes, but is not limited to: providing web hosting and domain registration.
- Web hosting: storage and / or transmission of material supplied by the Customer to third parties via internet servers managed by Online4Hosting.
- Agreement: the agreement between Online4Hosting and Customer under which Online4Hosting will perform the Service.
- Website: www.online4hosting.net.
Article 2. Quotation, offer and acceptance
- Online4Hosting will indicate in the quotation which services are offered and which amounts the Customer owes upon acceptance of the quotation.
- Quotations sent by Online4Hosting are without obligation and are valid for fourteen days after receipt by the Customer, unless explicitly stated otherwise.
- If, afterwards, it turns out that the information provided by the Customer turns out to be incorrect, Online4Hosting has the right to adjust the prices in the quotation.
- These General Terms and Conditions apply to all quotations and offers.
- An Agreement is concluded from the moment that the Customer communicates in any way to Online4Hosting regarding the acceptance of a quotation.
- After the conclusion of an Agreement, it can only be changed by mutual approval.
Article 3. Prices
- All prices used by Online4Hosting are exclusive of sales tax (VAT) and other levies imposed by the government.
Article 4. Implementation of the Agreement
- After the conclusion of an Agreement, Online4Hosting will proceed to the execution of the Services within a reasonable time.
- Online4Hosting has the right to have certain services performed by third parties without having to notify the Customer. If additional costs are incurred as a result of the performance of the services by third parties, these will be passed on to the Client, provided that the Client has given permission for this in advance.
- The Customer must provide Online4Hosting with all correct information that the Customer can reasonably foresee to be necessary for the correct execution of the Agreement. The Customer is in any case obliged to immediately inform Online4Hosting of changes in personal data, company data or other information that Online4Hosting requests.
- The delivery times stated Online4Hosting are indicative and can never be regarded as a deadline. Online4Hosting is only in default after the Customer has given him written notice of default and Online4Hosting, even after this notice of default, has substantially failed to comply with the Agreement.
- Exceeding the agreed delivery times for whatever reason does not entitle to compensation, unless otherwise agreed in writing.
- If the Customer fails to fulfill his obligations under the Agreement, Online4Hosting is entitled to decommission the Services in whole or in part, without Online4Hosting being liable in any way for compensation towards the Customer. Other actions in violation of the provisions of these General Terms and Conditions also grant Online4Hosting the right as laid down in the first sentence of this paragraph.
Article 5. Web hosting
- The Customer is not permitted to publish or offer information via (the servers of) Online4Hosting that is in any way contrary to applicable law or regulations in the Netherlands. This certainly includes, but is not limited to, any information that:
infringes intellectual property;
contains (child) pornography;
violates the privacy of third parties a;
refer to such information on third party websites.
- If third parties believe that any information from the Customer that falls under the non-exhaustive list of article 5.1 infringes their rights or is in any other way contrary to law and regulations, Online4Hosting will investigate this. If the complaint is declared well-founded, Online4Hosting is entitled to remove all material.
- Online4Hosting is at all times entitled to file a report if the Customer makes information available, the possession or distribution of which is punishable. Online4Hosting is then entitled and possibly obliged to provide the enforcement agency with information about the Customer in the context of an investigation.
- If the Customer repeatedly makes information available via the servers of Online4Hosting that fall under the categories as laid down in Article 5.1 or are in any way contrary to any law or regulations, Online4Hosting is entitled to dissolve the Agreement with the Customer without the Customer having the right to the future of restitution of amounts paid by him. If Online4Hosting at the time of dissolution under circumstances as described in this paragraph still claims against the Customer, this claim will be immediately due and payable.
- The Customer must behave in accordance with the provisions laid down in these General Terms and Conditions and act in accordance with Netiquette and the Fair Use Police used by Online4Hosting, which can be requested from Online4Hosting. The Client will also adhere to future amendments to the Netiquette and the Fair Use Policy applied.
- The Customer is strictly forbidden to hinder other users of the Services offered by Online4Hosting or to damage the servers of Online4Hosting.
- The fair use policy applied by Online4Hosting applies mutatis mutandis to this agreement and conditions. By entering into an agreement, the Customer declares to agree with the fair use policy applied by Online4Hosting.
- Online4Hosting has the right to change the fair use policy referred to in article 5.7 at any time. The Customer therefore also agrees to future versions of the fair use policy.
Article 6. Availability of Web hosting
- Online4Hosting will endeavor to realize uninterrupted availability of its systems and networks, and to realize access to data stored by Online4Hosting. Online4Hosting guarantees an availability guarantee of 99.9%, unless otherwise agreed in the quotation / agreement.
- Online4Hosting makes backups of the information placed on the servers of Online4Hosting by the Customer. However, the Customer is always responsible for making backups of the information stored on the servers at Online4Hosting.
- Online4Hosting makes every effort to ensure that the Customer can use the networks that are directly or indirectly connected to the servers of Online4Hosting. Online4Hosting does not, however, provide any guarantee that these networks will never become obsolete and therefore accepts no liability for the servers not being accessible.
Article 7. Domain name registration
- If it has been agreed that Online4Hosting will mediate for the Customer in obtaining a domain name, the provisions of this article will also apply.
- If Online4Hosting registers a domain on behalf of the Client, Online4Hosting will invoice the Client annually and the provision from Article 8 applies.
- Application, allocation and possible use of a domain name depend on and are subject to the applicable rules and procedures of the relevant registration authorities, including the Stichting Internet Domeinregistratie Nederland. The relevant authority decides on the allocation of a domain name. Online4Hosting only fulfills a mediating role in the application and does not guarantee that an application will be honored.
- Domain names are registered in the name of the Client, unless expressly agreed otherwise. The Customer is fully responsible for the use of the domain and the domain name. The Customer indemnifies Online4Hosting against any claim from third parties in connection with the use of the domain name, even if Online4Hosting has not mediated in the acquisition of the domain name.
Article 8. Payment
- After an Agreement is concluded, the Customer must comply with all payment obligations imposed by Online4Hosting. The payment relates to the period that starts on the day of the actual availability of Online4Hosting Services.
- Invoices sent by Online4Hosting must be paid by the Customer within fourteen days of the invoice date.
- The Customer agrees that Online4Hosting will invoice electronically at any time. If Online4Hosting proceeds to electronic invoicing, it will inform the Customer about this.
- If the Customer does not meet his payment obligations, Online4Hosting will inform the Customer and give notice of default, whereby a further payment term will be determined. If the Customer does not pay within that period, the Customer is in default and Online4Hosting is entitled to suspend the Services. Online4Hosting is also entitled to claim interest on the outstanding amounts of three percent from the moment the Customer is in default.
- In the event of late payment, the Client is obliged, in addition to the amount owed plus the statutory interest, to a full compensation of both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
- The Customer can make objections against the invoices sent by Online4Hosting in writing to Online4Hosting within seven days after the invoice date. After receipt of the objection, Online4Hosting will investigate the correctness of the invoice amount.
- If the Customer applies for suspension of payment or is declared bankrupt, all amounts arising from the Agreement that are due to Online4Hosting are immediately due and payable.
- In the above cases, Online4Hosting also has the right to terminate or suspend performance of the Agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without being entitled to compensation for damage for the Client that may arise as a result.
Article 9. Liability
- The total liability of Online4Hosting due to an attributable shortcoming in the fulfillment of the agreement is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (excl. VAT).
- The liability of Online4Hosting due to attributable shortcoming in the fulfillment of an agreement only arises if the Customer immediately and properly declares Online4Hosting in default in writing, setting a reasonable period for remedying the shortcoming and Online4Hosting also after that period attributable to the fulfillment of his obligations continues to fall short.
- Liability of Online4Hosting for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption, is expressly excluded.
- If Online4Hosting facilitates web hosting services, the Customer is always responsible for making backups of information.
- The customer indemnifies Online4Hosting from liability for damage resulting from the loss of data data.
- In the unlikely event that Online4Hosting is held liable for the loss of data, as stipulated in paragraphs 9.4 and 9.5, Online4Hosting is at most liable for the amount resulting from the agreement concluded. When there is a continuing performance agreement, Online4Hosting is only obliged to refund the invoice amount of the month in which the data was lost.
- The customer indemnifies Online4Hosting against all claims for compensation that third parties might assert with regard to damage that has been caused in any way by the unlawful or careless use of the products and services of Online4Hosting delivered to the contractor.
- It must be taken into account that the information obtained or sent via the Internet is freely accessible. This is because of the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication. Online4Hosting cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. Online4Hosting is not liable for security or misuse by third parties of the data that is stored.
Article 10. Interruption of the Services and force majeure
- Online4Hosting is entitled to temporarily put the servers (thus the information of the Customer) out of use for periodic maintenance, updates, etc. Online4Hosting is never liable for any damage that the Customer suffers in connection with the decommissioning.
- If Online4Hosting puts the servers out of use, it will inform the Customer about this and provide information about the expected “down time”.
- Online4Hosting is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If the force majeure continues for a period of two months, both parties are entitled to dissolve the agreement. That which has already been performed under the agreement will then be settled proportionately.
- Online4Hosting depends in its activities on the cooperation, services and deliveries of third parties, over which Online4Hosting has little or no influence. Online4Hosting can therefore in no way be held liable for any damage whatsoever arising from a situation in which the shortcoming is attributable to a third party with whom Online4Hosting has entered into an agreement.
- In addition to the provisions of paragraph 10.4, force majeure certainly includes all that has been adopted in this regard in law and jurisprudence.
Article 11 Duration of the agreement and termination
- If the agreement relates to the periodic or otherwise regular provision of Services, the agreement is in principle entered into between the parties for a period of twelve months, unless otherwise agreed.
- The right of premature termination of the agreement by the Client is excluded, without prejudice to the other provisions of these general terms and conditions.
- Both parties, both the Customer and Online4Hosting, have the authority to dissolve the agreement only if the other party, after a proper and as detailed as possible written notice of default, setting a reasonable period for remedying the shortcoming, attributably fails to comply with the the essential obligations under the agreement.
- As an exception to the provisions of Article 11.3, Online4Hosting can fully or partially terminate the agreement without notice of default and without judicial intervention by means of written notice with immediate effect if urgent reasons arise, including in any case the cases in which:
- The Client is granted a (provisional) suspension of payments;
a petition for or pronounced bankruptcy in respect of the Client;
there is a suspicion that the Client will not be able to meet his or her payment obligation upon renewal of the agreement;
Customer acts contrary to public order or morality, or any obligation arising from the agreement with Online4Hosting;
Customer infringes the rights of third parties;
Customer acts contrary to reasonable guidelines or directions from Online4Hosting;
Customer does not respond to correspondence by e-mail, telephone and / or in writing, whether registered or not;
In case of recurring payment problems.Online4Hosting will never be obliged to pay any compensation because of this termination, as stipulated in article 11.4.
- If, at the time of the dissolution as referred to in Articles 11.3 and 11.4, the Client has already received performances for the implementation of the agreement, these performances and the associated payment obligation will not be subject to reversal. Amounts that Online4Hosting has invoiced before the dissolution in connection with what it has already performed or delivered for the execution of the agreement, remain due in full with due observance of the previous sentence and become immediately due and payable at the time of the dissolution.
- Online4Hosting reserves the right to change its general terms and conditions, also for existing agreements. If Online4Hosting proceeds to change the conditions, it will notify the Customer of this two months in advance. The Client is then free to dissolve the agreement from the moment the new general terms and conditions come into effect or up to seven days after the new terms and conditions come into effect.
Article 12. Intellectual property rights
- All intellectual property rights to all materials, software, analyzes, designs, documentation, advice, reports, quotations, as well as preparatory material thereof, developed or made available in the context of the Services, rest exclusively with Online4Hosting or its licensors.
- The content of the Website, including but not limited to: the texts, images, design, brands and domain names, are the property of Online4Hosting and are protected by copyrights and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce or make available the Website or any part thereof without the consent of Online4Hosting.
- All copyrights and intellectual property on products of the human mind developed by Online4Hosting are and remain the exclusive property of Online4Hosting.
Article 13. Other provisions and applicable law
- If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and Online4Hosting and the Customer will enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the invalid or nullified provision are observed as much as possible.
- If the Customer includes provisions or conditions in his order that deviate from, or do not appear in, these terms and conditions, these are only binding for Online4Hosting if and insofar as these have been explicitly accepted by Online4Hosting in writing.
- If Online4Hosting deviates from the General Terms and Conditions on its own initiative in favor of the Customer, the Customer can never derive any rights from this.
- Any purchase or other conditions of the Customer do not apply.
- Rights and obligations arising from an Agreement can only be transferred by the Customer to a third party if Online4Hosting has given written permission for this.
- Dutch law applies exclusively to all legal relationships to which Online4Hosting is a party.
- The Customer and Online4Hosting will first try to settle any disputes in mutual consultation and amicably before appealing to the court.
- If rules of mandatory law do not provide otherwise, the subdistrict court in Alkmaar is initially authorized to hear disputes between Online4Hosting and the Customer.