1.Definitions

a. Client: the natural or legal person with whom the agreement is made for delivering products and services of DataSpeed
 

b. Products and services of DataSpeed: the products and services to be exploited by DataSpeed services, whereby information made available by the client can be accessed electronically and with which electronic messages can be exchanged between users; among these are the production, placement and rental of websites, the rent and domain registration, the promotion of a website and all other supplemental and supporting products and services.
 

c. Agreement: every mutual acceptance, written or confirmed by electronic mail, is seen as acceptance of supply of one or more products or services of DataSpeed.
 

2. Appropriateness

a. The articles below apply to every offer, assignment or agreement from or with DataSpeed, if not stated differently, written in mutual agreement.
 

b. General conditions from client or third parties are not binding and not applicable for DataSpeed services
 

3. Offer and acceptance

a. All offers and quotations from or by DataSpeed are free of obligation, except when stated differently by DataSpeed, written or by electronic mail.

b. A promotion or offer given by DataSpeed has a validity period of 8 days, unless stated otherwise.
 

4. Start of the agreement

a. An agreement is made on the day that the following conditions are met: the offer- or contract form is filled out with I AGREE to these terms and conditions (on the web) or signed in writing, received and accepted by DataSpeed; also for renting a domain, the entry costs, the first quarterly compensation or yearly compensation (whatever applies) and the other agreed upon compensation are to be added to the financial account of DataSpeed.
 

b. Parties are free to prove the establishment of this agreement by other means.
 

c. Supplements and changes to the agreement can only be done in writing.
 

5. Duration and termination

a. The agreement is made for an unlimited amount of time with a minimum term of 12 months, unless agreed upon differently, or when there is a cause to cancel the agreement.

b. The agreement can only be canceled in writing at the end of a calendar month and after the minimum duration period, considering a two month cancellation period.

c.Exception on point 2 holds for all domains but .nl domains. The domains have to be prolonged annually.

d. DataSpeed can terminate the agreement immediately if client does not properly or completely live up to one or several obligations towards DataSpeed Internet services, or acts in conflict with these obligations.

e. DataSpeed has the right to terminate the agreement without proof of default or judicial intervention, if client has been declared in state of bankruptcy, has requested or otherwise obtained suspension of payment, or otherwise has lost free control or his equity. The last mentioned party then has no right to any damages.

f. OUndiminished the specifics of article 14, DataSpeed has the right to terminate the
agreement immediately without judicial intervention when:
- client uses Internet improperly
- client spreads information that conflicts with (inter)national law and legislation
-client spreads information that conflicts with the generally accepted norms and values
- client spreads information that is discriminating with regard to appearance, race, religion, gender,
  culture, heritage or otherwise can be seen as damaging, also, it is not allowed to place adult
  pages, mp3pages or something related that is in conflict with the legislation of the country where
  the servers are placed.
 

6.Delivery and delivery time

a. Placing a website and delivering internet services occurs as soon as possible after written assignment and supply of data and promotion materials or on a time to be specified later on.

b. If the agreed upon delivery time is exceeded, this will be announced as soon as possible. In case of circumstances beyond one’s control for DataSpeed Internet services, the term shall be prolonged with the duration of those circumstances beyond one’s control. Excessive exceeding of delivery time can be regarded as grounds for canceling the agreement.

c. At requesting and registration of a domain, a passing period of several days should be accounted for.
 

7.Circumstances beyond one’s control

a. With regard to the agreement, circumstances beyond one’s control mean all that is understood thereabout in law and jurisprudence.

b. DataSpeed is not bound to the obligations from the agreement if doing so has become impossible as a result of circumstances beyond one’s control. The agreement will then be canceled.
 

8 Data/email traffic

a. The data/email traffic is limited to the amount of data traffic that comes with the package. Above the amount of data traffic client is charged per 1000MB at the current price (see Order Hosting). In some cases, DataSpeed can ask for a cash advance.

9. Prices

a. All prices mentioned in this site, as well as agreed upon prices, are exclusive of VAT, unless stated otherwise.

b. DataSpeed has the right to change the tariffs. These changes are announced to the client at a maximum of two months before they apply. Client has the right to end the agreement at the effective date of the change.
 

10. Payment conditions

a. The payment obligation of client is effective from the day that the agreement is made. The payment involves the period that starts at the day of the actual availability of products and services of DataSpeed.

b. The owed compensation following the agreement is exclusive of VAT and possibly other law-induced charges. Client also owes the compensations that follow from these conditions.

c. The owed costs are charged in advance, depending on the duration of the agreement, and are to be paid in advance by invoice, if not DataSpeed reserves the right to (temporarily) freeze the presentation. The compensation for other costs is collected annually in advance.

d. DataSpeed sends client an invoice per payment period for the costs that are associated with the agreement.

e. If client has not paid in time, client will be notified and also, a nearer term of payment is settled. If the payment is not done within that term, then client is in neglect without further proof of default.

f. If client feels that the charged costs are incorrect, client can object to DataSpeed within two weeks after the date on the invoice. After receiving the objection, DataSpeed will start an investigation about the correctness of the invoice amount.

g. Payment of the owed costs can take place by means of an annual automatic collection, to which client has agreed at the start of the agreement or at a later time.

h. In case of an automatic collection, client must provide sufficient balance on his account.

i. Client is in neglect from the time that the owed compensation cannot be collected because of client’s actions, or the owed compensation has not been fulfilled to DataSpeed.

j. If the owed amounts can not be collected or are not received because of the client’s actions, DataSpeed charges delay interest that is equal to the legal interest, which will be owed from the moment that client is in neglect to the moment of collection.

k. If a higher amount is collected by mistake, DataSpeed must credit the overcharged amount to client at the first request of client. Amounts supplemented with the legal interest from the day of collection until the day the specified amount will be credited.

11. Intellectual property rights

a. Client is allowed to download and use the software present on the DataSpeed site, for which there are no (intellectual) property rights or those rights are expressedly not being exercised (freeware).

b. Client must respect the intellectual property rights of protected software and/or other works (e.g. so-called “shareware”) and exempts DataSpeed from any claim.

12. Ownership restriction

a. The material created by DataSpeed is and remains property of DataSpeed.

13. Liability

a. DataSpeed depends on the cooperation, services and deliverances of third parties, to which DataSpeed can exercise little or no influence. DataSpeed cannot be hold liable for any damages whatsoever coming from the relationship between client and DataSpeed or the breaking of this relationship no matter whether the damage emerges or becomes visible during the relationship with DataSpeed.

b. In case of assignable shortcoming in the non-observance of the agreement, DataSpeed is only liable for replacing damages, meaning damages for the value of the not delivered performance. All liability from DataSpeed for any other form of damage is excluded, including supplemental damages repayment in whatever form, compensation of indirect damage or causal damage or damage from missed revenue or profit.

c. Client exempts DataSpeed from all claims to damages that third parties may make for damage that has emerged by any means because of the illegal or improper use of the products or services delivered to client by DataSpeed.

d. Given the large number of junctions with human interference on the Internet, the usage of local networks and wireless communication, one must account for the fact that the information obtained or sent through the Internet is freely accessible. DataSpeed can’t be held liable for damage in whatever form caused by the sending of confidential or secret information. DataSpeed is not liable for security or abuse by third parties of the data that is stored.

e. DataSpeed is not responsible or liable for the content if promotion materials supplied by client.

f. Client is liable for all damage that DataSpeed may suffer as a result of a shortcoming in fulfilling the obligations following the agreement and these conditions, assignable to client.

g. Changes in the data of client should immediately be announced by client to DataSpeed, in writing. If client fails to do this, client is liable for possible damage that DataSpeed may suffer as a result.

14. Transfer of rights and obligations

a. Parties are not entitled to transfer their rights or obligations following an agreement to third parties without prior written consent of the reciprocal party.
 

15. Placing out of order

a.  DataSpeed has the right to (temporarily) place supplied products and services out of order and / or limit the usage thereof when client with regard to the agreement does not fulfill an obligation to DataSpeeds’ services, or acts in conflict with these general terms and conditions. DataSpeed will inform client in advance, unless in all reasonability this cannot be desired of DataSpeed. The payment obligation for the owed amounts will also exist during the placing out of order.

b. If client has fulfilled its obligations within a period set by DataSpeed, and has paid an amount fixed for reactivation of the sum of 50 Euro exclusive of VAT, reactivation will be undertaken.
 

16. Complaints

a. Client should complain in writing about visible flaws within 8 days after delivery, after this any liability from DataSpeed will expire.

b. Complaints about invisible flaws should occur in writing by means of registered mail within 8 days after the flaw has been detected, could have been detected or should have been detected. If this does not happen, any liability with regard to DataSpeed expires.

c. If complaints are grounded, the supplied products or services are adjusted, replaced or paid for after consultation.

d. Complaints do not postpone clients’ obligations.

17. BPayments, Complaints and replacement

a. No compensation will be paid to sites/users that act in conflict with our conditions.

b. No compensation will be paid 8 days after the payment.

c. No compensation will be paid for domain registration and moving.

d. Clients can have their package canceled and reimbursed within 8 days after ordering, however this does not hold for the costs of domain registration and moving.

18. Uptime Guarantees

a. DataSpeed has an uptime guarantee, if your site is offline more than 60 minutes per month, DataSpeed offers one month of free hosting. This is only possible twice per hosting account. This offer does not apply to downtime because of network connection problems, datacenter problems, planned downtime, maintenance, updates or problems created by users of our hosting.

19. Changes in the conditions

a. DataSpeed reserves the right to change or supplement these conditions.

b. Changes are also affective with regard to already made agreements considering a 30-day period after written announcement of the change.

c. If client does not want to accept a change in these conditions, he can disband the agreement until the date from which the new conditions are effective, or from the date of reception if this date is after the starting date of the change.

20. Dispute settlements and applicable law

a. If one or more articles of these conditions are declared invalid, other provisions of these general conditions will remain effective and DataSpeed and client will consult for the purpose of new provisions as replacement of the void, or invalid provisions, whereby the goal and the outline of the void, or invalid provisions will be accounted for as much as possible.

b. Dutch law is applicable exclusively to the agreement.