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Our Dutch Terms & Conditions apply than!
GENERAL CONDITIONS SWITCH2ASP THE NETHERLANDS
PART A: GENERAL PROVISIONS
1. Definitions
• Under agreement in these conditions each agreement under below the conditions incorporated Switch2asp and contract party it is understood concerning the supply of the services by Switch2asp (with exception of the ASP services which their own conditions have, to see contract), along conventional gone or by means of only other (tele- or online) communication means among which for example but not exclusively, already then not by means of fixed infrastructures and protocols such as I-Mode, Vodafone life, WAP, SMS and Internet protocol, everything in the most wide sense of the word.
• Under Switch2asp in these conditions the venture Switch2asp it is understood as well as all sisters, mothers subsidiary companies where Switch2asp in link stands.
• Under services in these conditions all services and/or goods and/or documentation and/or programmatuur and/or applications and/or Internet sites and/or data bases and/or equipment and/or material which Switch2asp provides to contract party on the basis of the agreement, such as - but does not restrict to - web design, redesign, logo design, web promotion, printed paper, advertisements, promotion goods , point or sale and in addition all services it is understood which are related to the corporate identity of contract party; all this in the most wide sense of the word.
• Under contract party in these conditions it is understood everyone that with Switch2asp an agreement contracts.
2. Relevance
• These conditions apply on each offer of and each agreement with Switch2asp. These general conditions have been deposited at the graft of the district court at Alkmaar. The conditions are transmitted on request free of charge and have been published on the Internet site http://www.switch2asp.com/algemevoorwaarden.html.
• Deviations of these conditions apply exclusively as far as parties these have corresponded explicitly and in writing. Deviations apply exclusively to the offer or the agreement where these have been made.
• Switch2asp the right has let perform activities for the agreement by third parties. If are stipulated in these conditions rights or graces at behoeve of Switch2asp, then become these to have also considered have been stipulated by or for by Switch2asp concerning the agreement integrated third parties.
• The relevance of the general conditions of the contract party is explicitly rejected.
• The rights and obligations from the agreement are not for contract party transferring or licentieerbaar to third parties, without written authorisation of Switch2asp.
3. Production
• Acceptance by the contract party of a done tender must occur by returning the tender signed by mail or by fax to Switch2asp. If this is explicitly indicated by Switch2asp, also in an other manner, for example e-mail can the acceptance occur.
• Acceptance of the done tender implies tevens that contract party to Switch2asp a right exclusive for the duration of the agreement grants to fulfil the task from the agreement. And other one unless parties in the tender deviate explicitly of this.
• If with respect to the tender reserve the acceptance and/or modifications have been introduced, in which quality of which nature thus, by contract party , come about the agreement just as soon as and/or reserved has accepted Switch2asp these modifications and also recognizable has made this to contract party. As far as these modifications imply and/or reserved an increase or lowering of the price, this strength just applying has as far as parties have agreed this in writing.
• Notwithstanding the provisions in paragraph 1, paragraph 2 and paragraph 3, the agreement does not come about earlier than the moment Switch2asp a task and the bijhorende tender have accepted approval, as meant in the previous members, of the contract party. Switch2asp the right has a task refusing task of reasons. Switch2asp can link however to an approval closer conditions.
• An agreement becomes to have exclusively considered have come about with Switch2asp and not with of the employees of Switch2asp separate.
4. Offer
• Each offer of Switch2asp is herroepelijk and without engagement, unless it has been stipulated explicitly that it is irrevocable.
• Prices announced by Switch2asp in catalogues, Internet, presentations or in an other manner do not bind Switch2asp.
• Switch2asp can prices modify in particular on the basis of the usual inflation correction and when she is obliged to this end modifications of (tax) legislation without with that a new offer is done that by the contract party accepted again needs become. An increase of more than 25% gives the right to the contract party annul the agreement.
5. Period
• By Switch2asp possibly agreed periods to perform services, becomes to have considered approximately have corresponded unless it has been qualified in writing these explicit as a fatal period.
• The period enters as soon as all data necessary for the implementation of the agreement, supply which contract party to Switch2asp must and the possibly agreed advance payment in the possession is of Switch2asp.
• Switch2asp as much as possible to the period keep itself, but is not responsible for the impact of an overshooting. Switch2asp to compensation, nor gives she obliges an overshooting of the period to contract party the right annul the agreement.
6. Price and payment
• By Switch2asp to calculate compensations exclusively VAT (VAT) and other in euro and sound levies are which are by the government imposed.
• If the compensation is entirely or partly dependent on data which are administered by Switch2asp, then by Switch2asp supplied data binding will be.
• Notwithstanding the right of Switch2asp mentioned in Article 8 paragraph 2, Switch2asp weekly, two weekly, monthly, annual, on project basis or on basis of invoicing send an invoice to contract party in which by contract party to pay to amount to over the preceding period is specified . Payment of the invoice must occur within 14 days after invoice date. Facturatie with respect to Asp services occur in advance. Decreased services must be satisfied thus according to contract annually in advance .
• Payments of contract party stretch in the first place always for the relay of all chargeable interest and costs and vervolgens of opeisbare invoices which are open longest, also when contract party mentions that the payment is related to a later invoice.
• The payment obligation of contract party discusses the moment on which the agreement has come about, in the sense of Article 3. As a moment of payment is considered the time on which it has been added chargeable on the bank accounts of Switch2asp.
• Switch2asp responsible for frauduleus use the payment data third parties cannot be loved.
• Meerwerk/extra cost: If Switch2asp for the contract party perform activities must, from which account thus, which has not been laid down in an agreement between parties in writing, or costs arise because contract party has been in default in any way and as a result the implementation of the agreement impossible makes or hampers, these activities/cost as meerwerk are considered and as such extra are charged. The tariffs for meerwerk will be laid down separate in the agreement
7. Buitengerechtelijke costing
• At overshooting of a term of payment contract party in staff absence without that for this a ingebrekestelling has been required. contract party is during the period of staff absence interest chargeable concerning the being open amount of 1% per month or per part of it, also in case delay of payment is corresponded. The interest will be calculated as from the first day of the month about which the price has not been paid swiftly until the day of complete payment.
• If contract party remains negligent with compliance with an obligation from the agreement, contract party has been tevens loved to compensation buitengerechtelijke and judicial costs. Buitengerechtelijke the amounts 15% of the principal sum, with minimum of € 150,-- unless contract party can show that the real costs are lower. In that case contract party it has been loved to compensation real by Switch2asp made buitengerechtelijke cost.
8. Suspension Switch2asp
• contract party will grant to Switch2asp collaboration required with a view to the implementation of the agreement, such as providing correct information and equipment and material make available of competent employees, suitable space, good.
• contract party carries to care in addition that all data, of which Switch2asp indicate that these are necessary, or of what contract party belongs reasonably understand that these necessary it is for the implementation of the agreement, swiftly to Switch2asp are supplied. If contract party the data, dates necessary for the implementation of the agreement do not make, equipment, programmatuur or employees available, swift or in accordance with the appointments of Switch2asp and in addition at each toerekenbare shortcoming in the compliance with the obligations contract party, have Switch2asp the right to whole or partial suspension of the implementation of the agreement and have they the right as a result the arisen charge costs according to its usual tariffs , and other one undiminished its remaining suspension rights and undiminished its right to complete damages.
• Switch2asp at any time competent a control is carry out to the kredietwaardigheid of the contract party. Switch2asp can certainty - in the form of a guarantee sum or bank guarantee - desire to reason of it for compliance with the payment obligation of the contract party. contract party has been obliged on the first request of Switch2asp to this end, such supply a certainty.
• Switch2asp has been entitled already its obligations from the agreement , suspend if she has justified doubt on the kredietwaardigheid of the contract party and it is not satisfied to by Switch2asp desired guarantee sum or certainty interview as called in the previous member or if is certain or plausible is that contract party the conditions of the agreement (are possible) will not meet.
9. property reservation
• The property of of the agreement goods provided to contract party resulting from the services proceeds just on contract party as soon as these have satisfied already that which must become paid under only agreement with Switch2asp to Switch2asp.
• Licenties and user charges which Switch2asp provide to contract party treden just in functioning after the contract party has already its (financiele ) obligations resulting from the agreement to Switch2asp satisfied.
• As long as the progress of Switch2asp is not satisfied entirely, can goods provided to contract party which result from the services with equal property reservation to third parties are exclusively transferred in the framework of the normal company exercise. Additionally, can be established then rights only for third parties restrictive with preceding written authorisation of Switch2asp.
• For up to that point necessarily gives contract party Switch2asp an irrevocable authorisation, among which enters that up to, even if that to do zonodig the Switch2asp belonging to bring matters in its power.
10. Complaints, setoff and suspension contract party
• To contract party the competence to dissolution of the agreement belongs to only after she puts Switch2asp soundly and this way given full details possible written ingebreke and her a reasonable period authorises for purification of its shortcoming in the compliance with substantial undertakings from the agreement.
• contract party can no more appeal to a complaint concerning the implementation of the agreement, if she has not in writing notified of it to Switch2asp within competent time, yet at the latest within five working days, after she has discovered the lack or had belong discover.
• In case of a rightly brought out complaint Switch2asp always the choice has tariff charged between adaptation of, free of charge improving or - if possible perform again of the disapproved services or whole or partially (more) do not carry out of the task against a refund of fee already by contract party pay.
• contract party has under no circumstances the right to be settle progress to Switch2asp with compensations which contract party to Switch2asp chargeable is. contract party can itself therefore towards Switch2asp never with a profession on setoff to its obligations to payment to withdraw.
• Possible complaints and/or liabilities on the side of Switch2asp do not give contract party the right are suspend payment obligation towards Switch2asp .
11. Liability
• Switch2asp the agreement will carry out skill discretion to best insight and capacity and in accordance with the requirements of good. Switch2asp thereby will make efforts to perform the activities always properly.
• Notwithstanding the provisions concerning liability which has been incorporated elsewhere in these conditions, the Switch2asp legal obligations to damages accept insofar from this Article becomes clear.
• Switch2asp liability for damage accepts which results from toerekenbare shortcoming of Switch2asp. Switch2asp in those cases exclusively responsible will be for replacement damage, this means compensation of the value of in default remained performance. Additional damage, among which understood delay damage and consequence damage, is not compensated for .
• If to the restriction from the liability to replacement damage, as stipulated in paragraph 3, under the circumstances of the case cannot be appealed, contract party beside replacing damages, can progress compensation of additional damage. Additional damages amount to never more than 25 per cent of the price (exclusive B.T.W.) stipulated at the agreement between parties for in default remained performance.
• If the agreement is a duration agreement with a duration of more than one year, is Switch2asp for 25% of the stipulated fee (excl exclusively responsible. VAT) that has been charged in the 12 months before toerekenbare the shortcoming.
• In case of dissolution is not entitled contract party to only form of damages.
• Liability of Switch2asp for damage as a result of unlawful action has been excluded, among which did not understand explicitly liability for damage causes by set-up or grove debt of niet-leidinggevende inferiors of Switch2asp, inferiors and representatives.
• For this the taken restrictions of the liability of Switch2asp money if damage has been caused by set-up or grove debt of drivers or executive inferiors of Switch2asp. In that case the liability it has been restricted to the price (exclusive B.T.W.) stipulated at the agreement between parties but never more than € 30,000,--.
• If with a view to the circumstances of the case cannot be appealed to the paragraphs 1 up to and including 8 of this Article amounts to damages never more than the price stipulated at the agreement between parties but never more than € 100,000,--.
• Condition for the ontstaan of some right to damages is always that contract party damage communicates in writing to Switch2asp within 5 working days after he has discovered these or had belong discover.
• If Switch2asp responsible pursuant to the members in this Article and Switch2asp against this liability in an usual manner has itself it has been insured, then each liability is restricted to the amount which qualifies in an attentive case under this insurance for benefit.
12. Rights of third parties
• contract party is himself responsible for the use (and possible abuse) of its user names/loginnamen granted by Switch2asp to, field names, guard words and e mailadressen. Switch2asp has been entitled modifications introduce as far as she considers this necessary for its service. Switch2asp is not responsible for the beveiliging of the data which are placed by contract party on its systems, unless parties agree this explicitly.
• contract party answers that Switch2asp by the implementation of the agreement nor directly nor indirectly violation makes on the possible rights of third parties and an other one in the most wide sense of the word.
• Switch2asp does not guarantee that the services provided to contract party make no violation on some right of intellectual property of third parties. contract party the rights of intellectual property which rest on the provided services respect.
• Switch2asp has been entitled, without attaining to schadeplichtig, its service to strike and struck if to keep its plausible has become that with that violation could become made on rights of third parties.
13. Expensive agreement & interim suspension of the agreement
• The agreement between parties becomes to have considered have contracted for indefinite time, unless it is explicitly deviated in the agreement of this. If contracts are contracted for a year, these will automatically be extended at the end of the year, unless written differently has corresponded and emphasises.
• The agreement for an indefinite period of time can be cancelled by both parties, subject to this in writing and made a note of occurs and taking into account a period of at least 2 months, notwithstanding the right of Switch2asp to damages. From the agreement can result that between parties a longer period will have be observed.
• The agreement by right, without legal mediation has been concluded if Switch2asp by letter cancels, in the following cases:
• if contract party is in default meet in spite of sommatie within 5 working days after sommatie still its contractual obligations - differently than payment obligations -;
• with immediate entrance: if contract party in staff absence is satisfy with regard to chargeable compensations to Switch2asp; • with immediate entrance: at or at application of bankruptcy, suspension of payment of the contract party and/or appropriate explaining the Debt Repayment Scheme on the contract party;
• with immediate entrance: at dissolution of the contract party as if are legal person: In case of interim suspension, the progress of Switch2asp has the right on contract party immediately opeisbaar and Switch2asp of contract party complete compensation of by its being suffered damage to progress.
• After suspension of the agreement for any reason whatsoever, has Switch2asp the right contract party request the use of the services with immediate entrance strike and struck to keep and request all documents , reports, provided optimised pages and remove recommendations of the web pages of contract party and in addition all material which apprehends link with the services to Switch2asp to return, which request will give immediate interview to contract party.
14. Confidential data, adoption staff & privacy
• Both parties are obliged to confidentiality of all confidential information which they have got within the framework of their agreement of each other or from other source . Information considers as confidentially if this has been notified by the other party or if this results from the nature of the information.
• Each of the parties during the duration of the agreement as well as a year after suspension of it only after preceding written authorisation of hire the other party, employees of the other party who are involved or have been in the implementation of the agreement, or otherwise, direct or indirectly, for itself let work. Switch2asp the concerning authorisation will not remember where appropriate if contract party an appropriate indemnity has offered.
• contract party protects Switch2asp for revendications of persons of whom personal data have been registered or are processed within the framework of a person recording which is kept by contract party or for which contract party is on account of the law otherwise responsible.
15. Supremacy
• A shortcoming a party is not attributed if she is the consequence of a circumstance, which is not to blame to the debt of a party, nor under law, act of law or in the movement applying conceptions at its expense comes. Among others the following circumstances do not come for account of Switch2asp, also if they were at closing the agreement foreseeable: strikes, transports or company jammings, riots, war situations, law regulations and government measures, sickness (presence or absence of mobile) infrastructures managed of by Switch2asp involved aid persons, natural disasters, robber stable, molest, fire and jammings on Internet, WAP or other ( ) third parties.
16. Intellectual and industriele property rights
• The provisions from this Article apply unless explicitly by parties written differently has corresponded, by means of to this end a reaching certificate signed by parties.
• All rights or made available services developed of intellectual and industriele property to under the agreement or other material such as analyses, designs, documentation, reports, tenders, as well as preparatory material of it, rest exclusively at Switch2asp, his licensors or his subcontractors and contract party recognise this also.
• The agreement sees therefore in generlei a manner on transfer of some intellectual and industrial eigendomsrecht of Switch2asp on contract party. contract party obtains exclusively the user charges which at these conditions and the law are explicitly granted. Everyone other one or more far-reaching right from contract party to verveelvoudiging of programmatuur, Internet sites, data bases or other material has been excluded. A right to use, next to contract party, is nonexclusive and not-transmissible and not sublicentieerbaar to third parties.
• contract party guarantees that no rights of third parties resist themselves against beschikbaarstelling to Switch2asp of equipment, programmatuur, for Internet sites material intended (picture material, text, music, field names, logos etc.), data bases, or other material, among which design material, with the aim of use, version, installation or incorporation (for example. in a Internet site). contract party will protect Switch2asp against each action which is based on the statement that as such available couples, uses treat, installs or incorporates violation makes on some right of third parties.
• It has not been permitted remove contract party only name concerning the confidential character or concerning copyrights, marks, trading names or other rights of intellectual or industriele property from the services or modify.
• For up to that point used field names, all field names registered Switch2asp will be registered to become, unless parties correspond otherwise explicitly.
• If contract party meant in the previous member field name has registered on own name contract party has been then loved cooperate in the transfer that field name to Switch2asp. Contract party will put everything in the work to meet the obligation to transfer.
• Switch2asp the right has the name and use the logo work in its company presentations or promotions, achieved of a contract party in its own advertising expressions or it for him, as well as to call, as a contract party of Switch2asp to call on its Internet site (s).
• Switch2asp the right has all content/work/dates collected by her resulting from the provided services from a database at (do) to develop. With regard to by Switch2asp built databases Switch2asp to be considered as a producer such as in Article 1 paragraph has meant 1 under b of the database law.
• Switch2asp transfers by using these general conditions in generlei a manner its rights if producer of its databases in accordance with the provisions in Article 2 paragraph 4 of the database law.
• In pursuance of its position as a producer in the sense of the database law to the Switch2asp thus excluding rights as meant in Article 2 paragraph 1 database law belong to, namely it grant authorisation for the following operations:
• asking or reusing whole or the part of the contents of the database, substantial in qualitatively or quantitative respect;
• repeated and systematically ask if reusing in qualitative or in quantitative respect not substantiele parts of the contents of a database, as far as this is contrary to the normal exploitation of that database or unjustified damage deals to the legitimate interests.
17. Disputes
• To agreements with Switch2asp right applies exclusively Dutch. The relevance of the Viennese buy Treaty to the point all agreements are explicitly excluded. All disputes will be made in the first place exclusively pending at the competent judge at Alkmaar unless binding right prescribes differently.
18. E-mail
• If on the basis of these general conditions or only agreement between parties a written communication of of the parties is desired, these must be sent by mail or fax. E mailbericht to that right is not put, unless parties correspond explicitly differently.
19. Modification, nullity and vernietigbaarheid of the conditions
• Switch2asp is competent introduce modifications in these conditions. These modifications become effective at the announced time of inwerkingtreden. Switch2asp swiftly to contract party will transmit the modified conditions. If no time of inwerkingtreden has been notified treden modifications towards contract party in as soon as him has been notified the modification.
• Nullity or destruction, for any reason whatsoever, partly or entirely, of only provision of the agreement does not damage the validity of the remaining provisions . Concerned (parts of that) the provision () in consultation between parties it will be converted into the by right, however, admissible provision which corresponds to contents and scope with that most, undiminished it certain in Article 3:42 Civil Code.
20. Appendices appendices to the agreement form an inextricable part of it.
At fight between provisions between the appendix (n) and the agreement the agreement prevails unless it is explicitly deviated in the appendix (n) from the agreement .
PART B: PARTICULAR PROVISIONS ON THE HOSTINGFACILITEITEN BY SWITCH2ASP AT BEHOEVE OF CONTRACTSPARTIJ
These provisions are validly if and insofar contract party has access to ICT systems of Switch2asp or its Internet site (s) by Switch2asp late leaped about and parties have closed for this separate Hostovereenkomst. Particular provisions
• contract party will establish himself and/or behave themselves in accordance with that which of a responsible and carefully Internet user be expected can. contract party informs Switch2asp as soon as possible in writing of modifications in relevant data, as far as necessary has to Switch2asp these perform data for by its services.
• contract party remembers himself of it remaining customers of Switch2asp or Internet users to impede and damage to deal to the system. It has been prohibited contract party processes or programmes - yes or no by means of the system - on of which to start contract party weet or reasonably can suspect that this Switch2asp impedes, remaining customers or Internet users or damage deals. Damage expressly also indirect is included by wrong configuration on user side, for example but not exclusively by open relaying by a found oneself configured mail server. It has been only permitted contract party processes or programmes on start if there direct, by Switch2asp permitted connection with the system exists.
• It has not been permitted contract party the system and use the schrijfruimte for operations and/or behaviour which is contrary to appropriate legal provisions, the netiquette, the directives of publicity code Commission, the agreement or these general conditions. Below fall among others, but not exclusively, the following operations and behaviour:
• spamming: unasked sending large quantities of e-mail with the same contents and/or it unasked in large numbers of posts newsgroups on the Internet of reported with the same contents. Below also spam which are sent by means of each other provider with reference to a Internet site, e-mail address or other service at Switch2asp, have been understood;
• violation to commit on copyright protected work or otherwise acting in fight with intellectual property rights of third parties;
• public make or spreading (child) pornography, racist expressions, and offending expressions;
• sexual intimidation or it in an other manner disturb of persons;
• doing criminal date movement, that the system of Switch2asp is implying used for committing (structural) illegal operations or for the support for a criminal organisation according to the spirit of the law;
• hacken; without penetrate authorisation of other computers or computer systems on the Internet;
• cracken; without penetrate authorisation of other computers or computer systems on the Internet and in this changes introduce.
• contract party will try as much as possible prevent that the interests of Switch2asp are damaged and particularly as such will behave themselves that every liability of Switch2asp if commission agent for unlawful and/or illegal contents of the Internet sites and/or hyper- and deeplinks on those Internet sites are avoided . Should come be informed Switch2asp of it and/or that an used publication public by contract party by means of of its services makes violation on the rights of third parties or that contract party otherwise unlawful and/or illegal acts, can Switch2asp contract party summon the publication concerned as soon as possible, but in any case within 24 hours at (do) remove. If contract party does not obey to this, Switch2asp has been entitled remove the publication himself of its systems at (do). Switch2asp it has not been loved to only form damages because of removing above defined material.
• Switch2asp is possible all to its arrangement arrangement-being data of contract party to third parties supply if for that a legal basis exists or that in straight of Switch2asp advanced becomes or that becomes by order of the officer of justice of Switch2asp advanced. Switch2asp as then loved will not be to only form damages towards contract party.
• If it is addressed Switch2asp in and/or outside straight by a third to the point of unlawful actions and/or leave behind by or because of contract party, contract party will protect Switch2asp to the point and to compensate entirely.
• contract party must further reasonable take measures to that prevent a computer virus or - maggot on the network of Switch2asp or the Internet is spread, made or introduced.
• Switch2asp takes the reasonably possible technical and organisational measures for the security and beveiliging of its systems and the stored personal data, thereby rekeninghoudende with the nature of the dangers, the score of the technique and the costs of implementation of it.
ADDITIVE GENERAL PROVISIONS
21 additive Algeneme provisions:
21.1.1 durations of the agreement:
All agreements between supplier and client are contracted for a year, which are automatically extended at the end of that year, unless written differently has corresponded and emphasises.
21.1.2 to score koming/order
Client signs a contract in which in which she explains in principle that all products which are afterwards ordered will be charged by supplier. Bestelingen can come about if a telephone task commissions or to client by means of Internet and thereby identified doormiddel of by the supplier supply themselves guard word or the guard word which is at the establishment moment the correct guard word for the Hosting manager of client. game errors in field names which have come about be by a telephone order for risk and account of the client.
21.1.3 recording field Namen.
field Namen will be categorised by Switch2asp at Yourhosting E.G.
21.2 legal persons:
If the client acts on account of a company, foundation or association, client will be kept at any time personal responsible for being open invoices in case could appear that client was act at the time of opdrachtgeving to the supplier not competent on behalf of the legal person for which the agreement has contracted, or as a legal person for whom is signed abandons its obligations to pay. Also supplier has the right to cost which by third parties to the supplier have been imposed , by calculating if to the client these the consequence is of unauthorized actions of client from name of the represented legal person at supplier.
21.3 denunciation:
21.3.1 denunciation of agreements must WRITTEN 2 months for suspension of the contract year/occur the invoice month. A contract year starts on the first day of a month. (For example client in September customer has become then is September the invoice month and must the denunciation occur for 1 July). If client is late with cancel these will be loved to automatic lengthening the new contract year. Denunciation moreover never to lead to refund of what is already invoiced. Client agreed that within the first 7 days of contract period is not also claimed can become the legal 7 days dissolution time, because supplier starts these 7 days with compliance with the agreement.
21.3.2 when after denunciation and expiring the duration of the contract could appear that client has failed ensure a swift removal of field names, these will be extended with a year and will be invoiced.
21.3.3 at the time of denunciation an end payment will take place of the products which have been invoiced only partially, which during the contract year has decreased and has been charged therefore to the month type in which client in principle is customer becomes. Money that for all products of supplier a minimum duration of 1 up to 2 years applies.
21.3.4 denunciations will be only handled by the supplier if client no more progress has open stands at supplier. If client failed being open progress will be extended pay the decreased products with a year.
21.3.5 denunciations will be always confirmed by e-mail. If client has received 7 days no affirmative, client is considered take contact with supplier by tel., to if inform the denunciation form is received.
21.4 payment staff absence:
If client has not meeied after herhaaldelijke requests still the payment obligations, the hosting account will be concluded by supplier. The field names of client will be raised technically and are registered directly afterwards on our name (supplier has the right the field names raise if client remains in staff absence). If client wishes use the field names must client the invoices with thereby 15% pay heraansluitingskosten concerning the being open amounts up to the moment of locking with minimum € 25, -. Just after payment leveranciert will proceed to transfer of the field names in the name of the client.
21.5 automatic Incasso:
If after automatic incasso the payment up to 2x not incasseerbaar proves be , supplier € 5 will charge, - administrative costs. When client wrongfully the incasso storneerd supplier € 25, - administrative costs to charge.
22. Publicities
22.1 possible publicities are only handled by our if they have reached in writing our direct within 3 working days after supply of the concerning performance, under precise task of the nature and the ground of the complaints.
22.2 publicities concerning invoices must be submitted also in writing and within 5 working days after the invoice date
22.3 after expiring this period the counterpart is considered it provided, respectively the invoice to have approved. Then publicities more are not handled by us.
22.4 if publicity is been by our valid, we are exclusively oblige still agreed achieve something.
22.5 if publicity is been by our valid apron this the payment obligation of the counterpart on, up to the moment on which publicity has been completed, however on the understanding that this only that concerns part of the invoice on which publicity founded is considered.
22.6 Retournering of provided can occur only after our preceding written authorisation, by our stipulating to conditions.
23. In case the counterpart:
A bankruptcy is explained, suspension of payment requests, or seizure on whole or the part of its properties is laid,
B. comes die or it is put under trusteeship,
C. do not comply with from the agreement and/or these conditions on him resting obligation some,
D. an invoice amount leaves behind or a part of it within for that the set period to satisfy, has supplier by only taking place of the opgemelde circumstances the right, either the agreement or to dissolve, our service or to suspend, some amount chargeable by the counterpart on the basis of by our granted services, terstond and without only warning or require ingebrekestelling necessary is in its whole on, everything damage undiminished our right to damages of costs, and interest.
24.1 SPAM-Beleid:
What is spam?
Spamming: unasked sending large quantities of e-mail with the same contents and/or it unasked in large numbers of posts newsgroups on the Internet of reported with the same contents. Below also spam which are sent by means of each other provider with reference to a Internet site, e-mail address or other service at Switch2asp, have been understood.
Why?
In antagonism to the traditional diffusers of junk mail, which pays mail paper, envelopes and port, are possible diffusers of Unsolicited Bulk e-mail (UBE) and Unsolicited commercial e-mail (UCE) oftewel large quantities of unasked commerciele e-mail (also spam called) ensure, without already too much costs on their own side large nuisance and enormous costs on the side of the recipients of such e-mail.
These costs are oa.:
* Band width of the ISP to spread spam; Additional IP infrastructure
* The identification, filtering and removing spam (UBE and UCE)
* Extension of the infrastructure with hard and software for the required precaution measures Switch2asp believes that the above costs cannot be forced without more to the users of the Internet. Banning spam will put according to Switch2asp lead to a better and cheaper use of the Internet and Switch2asp improves able its customers efficient and payable to give services.
If you want publicity use for your site, then alstublieft a another means. The problem is that almost nobody positive reacts to spam reports. Many people will send boze e-mail, and frequently arrive this e-mail at the provider (therefore our) . We have been obliged answer these. To do we this, then is not by all odds incorporated Switch2asp in all kinds of anti spam filters, where we and our other customers then the dupe of to become.
The policy
* A. It has been prohibited customers spam report to send to every random Internet to user and/or unasked posting such bulletins in large numbers of newsgroups on the Internet by means of the network of Switch2asp. This applies tevens if these are done things at another provider but the meant Internet site is leaped about at Switch2asp.
* B. It has been prohibited customers for temporarily or permanently with insufficiently protected a mail server to have linked in the network of Switch2asp. YH 12D the mail server have been permitted to entering e-mail accept that it has been intended for the field concerned (and), and send e-mail to which comes from by Switch2asp granted IP the address (sen). It has been explicitly prohibited accept e-mail outside granted network which it is intended for sending outside this network. Differently said: the mail server is the beginning or the terminus for e-mail, no tussenstation. Switch2asp the right insufficiently protected a mail server without blocking notification in advance to the Internet has.
* C. Bulk of e-mail has been permitted if is used the so-called verified OPT-IN regulation. Mailing where a database for has been used in which the recipient has not authorised the sender (the customer), is treated as spam and Switch2asp this will treat at the reception of complaints as such.
* D. Complaints concerning spam must be submitted by e-mail on abuse @ firstfind.nl. The complaint must contain a complete copy including original headers of the possible spam e-mail. After it has been determined if the complaint effective UBE or bulk concerns UCE, the customer gets officiele warning: FTO (First Time Offender). If within 24 hours no response from which, follows appears that there have been taken sufficient prevent measures for spam, preserves himself Switch2asp the right for, IP the address (sen) or keep out site of the Internet, granted by Switch2asp.
* E. Founded complaints concerning a customer who will lead state already confessed as FTO that Switch2asp without notification in advance the respective DNS will remove record always for a period of minimum 48 hours. The customer is informed that the this status of STO (Second Time Offender) has acquired. Switch2asp the right for the service to the customer keeps himself some raising right to cost reduction for the still current subscription period, definitively. If an insufficiently protected server has been used for sending or réexpédition of spam, poort 25 (SMTP) is blocked for () the respective IP address (sen).
* F. Customers who enter for the third time wrong (TTO, Third Time Offenders) are concluded always irrevocable without some right to cost reduction for the still current subscription period.
* G. Switch2asp the right has block date movement of other networks to keep out or prevent such spam. It is possible that this can lead to temporary outburst of connection (and) with other networks.
24.2 Abuse Policy
The customer will establish himself in every respect and carried in accordance with what of a responsible and carefully Internet user can be expected. It has not been permitted the customer the Switch2asp use products for operations and/or behaviour which is in fight the values and standards commonly with the law, the good zeden, the public safety and accepted which are considered to Internet as as such. In order to create use and abuse of field names, server space and aanverwane services clarity about goes you tevens agreed with our ACCEPTABLE USE/ABUSE POLICY.
Provisions for field names
25. General provisions for field names
25.1 supplier is signs and trade-competent from name of client or Reseller application field names, transfer, raise and field name data if to modify, client to this end task has given. Tasks are possible in this Article also to standkomen by means of. guard word indentificatie by means of Internet.
25.2 if the domilicilie address of supplier are used for contact data in whois-databases, as an end-user of the field name at weg-verhuizing modify will let client the domilicilie, so that supplier can be no longer connected with the concerning field name.
25.3 client does not protect supplier of all liability for on time or not correctly registers of field names. Client must himself check if after order the desired services or products have been provided to wish by supplier.
26. Provisions at .DE field names
26.1 field Namen under top-level the field .DE are registered at Switch2asp by means of Yourhosting Ltd (at YourSRS). At the recording of .DE field name supplier steps as a mediator on name of YourSRS, in which an agreement comes about between the client and DENIC EC. The communication concerning the rights and duties between client and DENIC EC takes place between client and supplier.
26.2 if supplier could EC meet its obligations towards DENIC , the property rights of client to the field name have been protected in the agreement which has come about between client and DENIC EC, where financiele obligation of client for .DE field name recording arise in favour of DENIC EC according to by its conducted tariffs.
26.3 client by means of these general conditions knowledge of the field name recording directives has taken (DENIC-Domainrichtlinien), the list of DENIC EC (DENIC-Preisliste) and the general conditions of DENIC EC (DENIC-Domainbedingungen).
27. Provisions at .UK field names
27.1 field Namen under top-level the field .UK are registered at Switch2asp by means of Yourhosting Ltd (at YourSRS). At the recording of .UK field name supplier steps as a mediator on name of YourSRS, in which an agreement comes about between the client and Nominet.uk. The communication concerning the rights and duties between client and Nominet.uk takes place between client and supplier.
27.2 client has if taken of application knowledge of the general conditions of Nominet.uk.
