EuroStack subscription agreement, terms and conditions

Eurostack its Services, this Agreement and your use of the Services, including but not limited to any free or paid Service(s) or (trial) account, are govern by the Eurostack Terms and Conditions as written below. Eurostack works accordingly to the Dutch law system, and therefore also subject to and comply with European regulations. Definitions used on this page are described below.

1. Scope

• The Terms and Conditions are applicable to all offers, agreements, subscriptions, accounts, and obligations arising in respect of service delivery, user rights, and/or products by Eurostack, to or for the benefit of Client.
• Terms and Conditions amendments will be published on the Serverius website and the Client Panel, it will take precedence on the current terms and conditions of this Eurostack Subscriptions Agreement.
• Deviations from or additions to these Terms and Conditions are only valid if and insofar as expressly agreed in writing between both parties. Deviations only apply to the convention that is made.
• Notices from Eurostack to Client or from Client to Eurostack under the Agreement and/or Terms and Conditions will have to be made in writing.
• General purchase or other terms and conditions of Client do not apply to the legal relationship between Client and Eurostack and hereby expressly rejected.
• The Eurostack Subscription Agreement is governed by the Terms and Conditions of Eurostack and Dutch law.

2. Definitions

“Access”: Eurostack grants you for your internal business purposes and for so lang as you maintain a Client in good standing, a non-exclusive, non-transfereable, non-sublicensable right to access and use the Eurostack Service(s), which is subject to the Terms and Conditions of this Agreement.
“Agreement” or “Eurostack Subscription Agreement”: the (online) arrangement which is concluded between Eurostack and the Client in relation to an enrollment of Client for Eurostack Service(s) which will be governed by the terms of a Eurostack Subscription Agreement.
“Client”: The contracting party (or who has authorisation to) that uses Eurostack Service(s).
“Client Account”: Client must register an account in order to use the Eurostack Service(s). Your account information will be used in accordance with our Privacy Statement (https://serverius.net/serverius-privacy-statement/), and your consent to such usage, where “account information” means information that you provided to us in connection with the creation or administration of your Client Account. For example: names, phone numbers, email addresses and billing information associated with your Client Acccount.
“Client Panel”: means the web interface https://my.serverius.net, through which Clients may manage the Service(s) which is not part of the Service.
“Confidential Information”: oral or written information provided by a party of which it is absolutely clear that it is confidential information, as well as information from the other party when it is indicated that it should be treated as confidential; confidential information will at least be understood; without this list being considered complete:

• The identity of the Client and/or other business partners or potential clients and business associates;
• Personal data (names, addresses, and telephone numbers of individual contacts);
• Substantive information, whether or not detailed services, ongoing contracts, and submitted tenders;
• Messaging traffic and computer data;
• Pricing, marketing strategies, product strategies, and internal and external procedures;
• Technical and commercial know-how;
• Budgets, estimates made and other non-public financial information, government policies, and other business strategies.

“Downtime”: means the time the Service was unavailable to Client.
“Intellectual Property”: patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights including sui genesis rights to databases and topographies of semiconductor products or other productions as well – whether or not patentable – technical and/or commercial know-how, methods and concepts.
“Parties”: means Eurostack and the Client, between which this Agreement is concluded.
“Pay per use”: in accordance to the Agreement Client pays for the actual use of the (selected) Eurostack Service(s).
“Serverius”: the privately held corporation, under Dutch law, Serverius B.V. having its registered office in Dronten (The Netherlands), De Linge 26.
“Service” and “Services”: means the selected Eurostack-hosted services to which Client subscribes under the Eurostack Subscription Agreement and made accessible in the Client portal. You may not reverse engineer, disassemble, decompile, or work around technical limitations in the Service. You may not tamper with, disable, or otherwise attempt to bypass or avoid any billing mechanism that meters your use of the Service(s).
“Software”: computer programs also including system software, Serverius cloud applications, application software and user interfaces with associated documentation and materials.
“Staff” or “Employee(s)”: by Serverius enabled servants and/or assistants who will work under the responsibility of Serverius during the execution of an Agreement.
“Ticket”: is a communication case with its unique number (ticket number).

3. Arrangements and the establishment of Eurostack Subscription Agreement

• Client initiates a Eurostack Subscription Agreement by requesting or ordering a Eurostack Client Account (online), this includes free (trail) Client Account request, and all other Eurostack Services and/or packages.
• Client will only create one Client Account per email address, unless explicitly accepted otherwise and confirmed in writing by both Parties.
• Initially, the Agreement between Eurostack and Client will be concluded electronically. The Agreement can be initiated by Client which is electronically entered and only established after Client has completed verification of his Eurostack Client Account.
• Client is legally bound and agrees with the Eurostack Subscription Agreement, and Terms and Conditions when verification of his Client Account is completed or  he has commissioned Serverius to start the Service(s), or explicitly otherwise stated in an other agreement.
• When Client is renewing or purchasing additional Eurostack Service(s) afterwards these are also part of the Agreement, therefore the Client agrees with the current Terms and Conditions.
• In case Clients insists on signing the Eurostack Subscription Agreement hard copy, the related terms and conditions should be included, and returned fully signed to Eurostack. The Eurostack Subscription Agreement is only established when Eurostack expressly confirms about the commission by e-mail or Ticket.
• Client is responsible for keeping his details up to date in the Client Panel. Client must inform Serverius of any change in the data with which he has entered into the Agreement.
• All offers, agreements, subscriptions, accounts, obligations, service delivery and user rights cannot be transferred to others without written permission of Serverius. Client is not entitled to provide the Services to third parties.
• In case of mergers, reclassification, and/or spin-offs on the part of the Client, the parties will consult on the ensuing consequences for the Agreement.
• Client agrees to all related Serverius policies, such as the Serverius Refund Policy (found at: https://serverius.net/refund-policy/.)
• Eurostack is not bound by the content of the website(s), flyers, printing, or any other form of expression unless a reference is expressly agreed in writing and concluded between the parties.
• The invalidity or non-validity of one of the provisions of an Agreement and/or Terms and Conditions shall not affect the validity or enforceability of the remaining provisions. Parties commit themselves to consult with each other on new provisions to replace the void or (legally) invalid provisions, in order to preserve the tendencies of the void or (legally) invalid provisions.
• Serverius reserves the right to suspend or terminate the Client Account, or the access, for any reason, including if any registration information is inaccurate, untrue or incomplete, or if you fail to maintain the security of Client Account credentials.
• Client understands that the offered Service(s) in the Agreement rely on (externally) purchased services such as power, network, technical maintenance services, its Employees, laws and regulations etc. In case of significant changes between Serverius and its supplier(s), or its Staff, or changes in laws or if supplier service price increase applies and have effect upon the Service(s), Serverius has the duty to find an equivalent alternative to continue the Service to Client. If Serverius cannot realise an equivalent service alternative, Serverius has the right to charge a price increase or cancel the Service(s) to which it applies to.
• In case Serverius want to raise pricing, Serverius will notify Client in advance for the reason of changing the price of Services. In case the client finds the new/higher cost of Services unacceptable, he will have the right to terminate this Agreement within 1 month after the notification. Any (possible) damage by this cancellation, in any way, to Client will never be covered by Serverius.
• Any guarantees or insurance is excluded in the Service(s), therefore Client will arrange insurance for all its property, his possible damage, caused by the Service(s) and its responsibilities.

4. General Service communication

• The primary way of communication between Client and Serverius (Staff), is the Client Panel (https://my.serverius.net). Based on a personal email address of Client, all communication is automatically archived into the Serverius ticket system and the Client Panel account.
• Client can add others to his Client Account, authorising them to use his Services and allowing them to communicate on his behalf. Responsibility of these user accounts will always rest on Client.
• Communication will mainly take place via a Ticket in the ticket system of the Client Panel. When Client replies by email, the Serverius ticket number (Ticket ID) is required in the subject header.
• Client and/or Serverius are free to communicate through other methods than the Client Panel, for example by online chat communication, oral statements, undertakings, physical meeting, phone, personal email and/or using other languages other than English. All of these are not official Service communication methods and therefore have no legal force and are not part of any Agreement. Client cannot derive any rights from it, even if Serverius initiated this way of communication.
• All finance and Agreement related communication will be supported by the Serverius finance department. This communication will always take place via Ticket(s) in the Client Panel.
• In case of expired Client invoices and in exceptional circumstances, Serverius has the right to refuse or delay Client its Service delivery and/or Service support requests, other than finance-related communication to the Client. In case of such refusal, Serverius will always notify Client upfront.
• The primary information channel from Serverius about Eurostack to Client during unexpected issues is the website https://noc.serverius.net. The website is hosted outside the Serverius network and is always available during data centre or network outages. If Client would like to get email notifications, he can register on this website to the mailing list.
• Client and Serverius will treat each other with respect, any form of indecent communication such as extensive use of exclamation- and question marks, capital letters and/or unkind comments will not be tolerated. If Client does not comply with this, Serverius can stop the support of Client its Service(s), after which the Service can be terminated by Serverius.
• Communication between Client and Serverius about Eurostack will be in English or in Dutch language.

5. General Service maintenance

• In order to maintain, expand or improve Service(s), it may be necessary for Serverius to carry out maintenance work. The default maintenance window that Serverius employs is daily between midnight and 7:00 AM CE(S)T. During these maintenance windows, Serverius can carry out maintenance work without the client’s consent.
• Client is obligated to provide reasonable cooperation during activities that are necessary to provision and maintain the Service(s).
• In consultation with Client, maintenance can be performed at any desired time, for example, in order to implement a change at the request of Client.
• If a Service interruption is expected, Serverius will announce this minimally 7 days before the maintenance work commences. This will take place by means of an email sent to the specially created mailing list on the NOC website (https://noc.serverius.net), to which Clients can subscribe free of charge.
• In exceptional cases Serverius can carry out emergency maintenance. Maintenance will only be considered emergency maintenance if unforeseen circumstances arise that threaten the continuity and/or security of the Service(s) or of other Serverius services. If the situation allows, emergency maintenance will be carried out during a maintenance window. If a Service interruption is expected, the maintenance work will be announced as quickly as possible in the above mentioned manner.

6. Obligations Eurostack

• Unless explicitly stated otherwise in or under the Agreement, Serverius will do its utmost to remedy a problem as soon as possible.
• Serverius will endeavor to ensure that the Service(s) (continue to) meet the requirements as agreed upon.
• Serverius strives for optimal availability of the Service(s). However, Serverius is explicitly not responsible for the (undisturbed) performance of network connections, unhindered access to and uninterrupted use of the Service(s), the total reliability of Service(s), incorrect and undamaged data transfer, incomplete or damaged information, files, data (traffic) and other stored in Eurostack.
• Eurostack is never required to restore lost data or to compensate for damage caused by the loss of data.
• Serverius will refrain from viewing data traffic and/or files from Client, which is not intended for her, and will not make it available to third parties unless Serverius is obligated to do so by law or court order, or in the event Client is acting or is suspected to act in conflict with these terms and conditions or the law, or if deemed necessary by Serverius for the security of the equipment, software and/or the Service(s).

7. Eurostack Services

• By default, all Eurostack Services are “as is” without any guarantee.
• If the Service is not functioning properly or not able to achieve connection in a timely manner, there will never be any refund or penalty and Serverius is not liable for any resulting damage.
• The Service (package) features and threshold limitations are described on the Serverius website and are not described in this Agreement. Smaller Service packages can lead to the malfunctioning of the Service.
• Unless otherwise agreed in writing, the intellectual property of any software, documentation and/or materials made available by Eurostack will remain with Eurostack and/or her respective supplier.
• When applicable, Client obtains only a non-exclusive and non-transferable license to use software, documentation and/or materials. The license may only be used in connection with the use of the Service(s).
• The license is given for the duration of the Agreement (including any extension thereof). The fee for the right to use the software, documentation and/or materials shall be deemed to be included in the price payable by the Client to Eurostack under this Agreement.
• Once the Agreement is (prematurely) ending, the Client will upon the first request by Eurostack return the software, documentation and/or materials on which the intellectual property or proprietary rights of Eurostack or its suppliers to Eurostack .
• Incidents are Service exclusions, which are caused by external factors like DDoS attacks, internal created loops, Client mistakes, action or inaction of Client, factors outside Eurostack’s reasonable control, etc.
• Eurostack makes no warranty or guarantee whatsoever regarding the Service, and to the extent permitted by applicable law, disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• All Services in the Agreement are non-redundant by default or otherwise described and expressly agreed in writing. Deviations only apply to the convention that is made.
• When IP protection is activated, Client his in and/or outgoing data-traffic to the IP subnet will be forwarded through the mitigation systems with countermeasures applied in an attempt to limit the impact on legitimate traffic. Client understands that there could be false positives, therefore, legitimate data traffic could be blocked.
• Client understands that Attacks are evolving day by day and that it is technically impossible to mitigate or block every possible Attack. Therefore, the Service is “as-is” which means that in some cases there can be a false positive. In case of this, Client can contact the Serverius NOC department for assistance to get the best possible layer of defence.
• In the event that an Attack exceeds the Service protection capacity Eurostack may implement escalation procedures such as; (partly) null route traffic, engage in upstream blocking, stop (partly) announcing IP subnets, or take other measures as necessary to protect our general network and other clients  without prior notice to you. In case this will happen Eurostack will notify Client about this afterwards.
• Client acknowledge that the offered pricing is based on an average amount of DDoS attacks, part of the Service, of all Eurostack clients and therefore at exceptional circumstances when the attacks to Client deviates from the Eurostack average, Eurostack may suspend and/or terminate Client its Service.
• The Service is a shared system that is used by multiple clients simultaneously. Client is aware that in special events, Attacks can have an effect on each other.
• Eurostack has the right to freeze, terminate or limit the use of the system and/or Service(s) (temporarily) without prior notice to the extent necessary for the reasonably required (urgent) service to provide the system and/or services, to improve and/or limit (later) damage for Client. Client has no right to compensation. Eurostack will inform Client and/or user about this afterwards.
• In case of outstanding invoices, Serverius can (partially) stop providing or freeze the Service to Client. When this happens, invoicing of the Service continues. There will be no refund provided over this period that the Service was disabled or frozen.

8. Services changes

• Client shall at all times be entitled to request in writing to Serverius to extend or change the Service(s) rendered under the Agreement. Such change will only apply if an agreement has been reached on this.
• Serverius will within a reasonable time after such modification instruction specify in writing what consequences the change has related to the Service and also the costs of the work.
• Eurostack is entitled to reasonably change, discontinue, limit or suspend the availability of all Eurostack Service(s) to its own opinion. Eurostack is not liable for any consequential damage from it. All adjustments with financial or service consequences for Client must be communicated by Eurostack at least 1 month in advance before the Service change is into operation. If Client does not agree to the Service change, Client has the right to terminate his Agreement within 60 days of the Service change notification, starting from the date when the change was communicated by Eurostack to Client.
• Eurostack is authorised to transfer its rights, offers, obligations, agreements, subscriptions, service delivery and user rights under this Agreement and/or Terms and Conditions to a third party over which Eurostack or Serverius exercises control or with who Eurostack will enter a partnership, if and insofar the Client’s interests, therefore, are reasonably not prejudiced. Eurostack will notify the Client of this in writing.
• Eurostack is entitled to use third parties to execute its duties under this Agreement, Terms and Conditions. Eurostack exercised the utmost care in selecting its suppliers.

9. Client requirements

• Client will inform Serverius in writing as soon as possible regarding any changes in relevant data concerning the Client.
• Client is familiar with all purchased products and/or services in the Agreement and has a sufficient knowledge to use the purchased products and/or services and estimate possible risks of using them. Client is therefore responsible for the proper use of the Service for himself and the (sub) users or clients.
• Client is obliged to provide all reasonable cooperation necessary for the provision of the Services and related management tasks.
• The Services and use that are provided and delivered under the Agreement by Eurostack may only be used for legal and legitimate purposes. Moreover, these may only be used in such a way that does not infringe the rights of third parties, including but not limited to intellectual property rights.
• Client guarantees that the user will always comply strictly and faithfully with the obligations arising from the Agreement and these Terms and Conditions.
• The client is always responsible for any use – including the unauthorised use – which will be made of the Service(s).
• By using the Service Client accept the risk of downtime. Therefore Eurostack or Serverius will never be responsible, in whatsoever form, for any damage which Client (could) have resulting from Service unavailability or downtime of the Service.
• By default, websites or domain names will be unprotected until Client himself enables the settings of the Services within the Client Panel to create his own protection environment.
• Client must notify Eurostack when you think the Service is not satisfactorily mitigating an DDoS attack, due to the complexity and sophistication of DDoS attacks.
• Client will, at Serverius’s or Eurostack’s first request, close IP-addresses or, at the Client’s choice, close the services provided using those IP-addresses, which are used on a commercial scale for (facilitating) providing evidently illegal content, as soon as possible but in any case within 24 hours after Serverius plausibly demonstrates such use, both for internet users and for other users (for instance via the Client’s customer portal or control panel).
• Client will, at Serverius’s first request, provide Serverius with the verified name, address, and email address of Client’s customers that will procure services from Client on a commercial scale, as soon as possible but in any case within 48 hours after Serverius plausibly demonstrates that by such Client’s customer, or by use of such Client’s customer’s services, evidently illegal material is being provided. Verified in the context of a business entity means that Client must verify the name and address by means of a Chamber of Commerce extract, or equivalent document. If such documentation does not show the ultimate beneficial owner (“UBO”) of that customer, Client will ask the customer for a copy of the passport of the UBO. Verified in the context of a natural person means that Client must verify the name and address by means of a one-time bank transfer or payment by a bona fide payment service provider that possesses information verified by a bank, or if that is not possible by means of an excerpt of the population register or a copy of a passport.
• Client will ensure that their customers must comply with the obligations listed in the two preceding paragraphs and this paragraph.
• Eurostack is not responsible for monitoring of Client content, this responsibility fully lies with Client.
• Eurostack Services are bounded to the Abuse Policy (of Serverius) which can be found in the Knowledgebase (FAQs). Client will take full responsibility for activities within his Client Account and Client Panel, and is committed to prevent any form of abuse and if there is abuse happening, he will do everything that is possible to resolve the issue and prevent recurrence. In brief this policy means Client is responsible for usage of Eurostack Service(s), websites, domain names, and the security of its own systems. Eurostack will take strict measures to prevent future abuse cases. In case of abuse issues which need to be solved, Serverius or Eurostack will inform Client in advance after which Client will terminate resources and resolve the abuse and its consequences if possible. If not, Serverius and Eurostack will be entitled to (temporarily) shut down the affected part of the Service until the abuse and its consequences are solved and there is no chance of recurrence.
• In case of any form of convincible abuse, illegal and/or infringing content or activities, in violation of applicable Dutch law, which is related to or found on the URL-/IP-address(es) of Client its Service (including Client’s users and customers) and is found and/or needs to be investigated by Dutch entities (such as government agencies, law enforcement, justice or any other investigation and enforcement organisations), Serverius is entitled to communicate Client its information to this kind of external parties. In addition, Serverius preserves the right to close, without prior notice, the designated URL-/IP address(es) or Service(s) of Serverius to the URL-/IP-address(es) of Client, when any form of convincible abuse, illegal and/or infringing content or activities is found by external parties. Serverius will make an effort to inform the Client after closing the designated URL-/IP-address(es).
• Client is not permitted to use Service(s) to make terrorist content (online) available. Serverius can be instructed by (European) legal authorities or institutes to take action or measurements in case terrorist (online) content is found on the Service(s) of Client. At all times Serverius is entitled to delete terrorist (online) content or make such content inaccessible. Client will refrain from hindering Serverius in this process and is obligated to follow the instructions of Serverius. Client is responsible and will, at Serverius’s first request, long time archive and preserve the inaccessibly made terrorist (online) content. Furthermore, Client is not allowed to make the deleted or inaccessible terrorist (online) content available again and is committed to prevent recurrence to the best of his abilities on any of the Service(s) of Client. This provision is also applicable to users of Client.
• Client must comply with the (technical) regulations, conditions, abuse policy, and procedures, that are provided by or on behalf of Eurostack or Serverius, in accordance with the definitions in the Agreement and Terms and Conditions.
• Client will refrain from hindering Eurostack and Serverius and other users of the Services of Eurostack and will refrain from damaging the property of Eurostack and Serverius, and other users. It is prohibited to use processes or programs which the principal knows or can reasonably expect that may hinder Eurostack or users of the services of Eurostack or can cause damage.
• It is prohibited for Client and/or its user to allow, or transfer rights to third parties to use the manual or other outwear of the Agreement rights unless Eurostack gives express written permission.
• Client is obliged to follow reasonable instructions of Eurostack concerning the use of the Service(s). It is expressly not permitted for the Client without Eurostack prior written consent, to make the Service(s) and software published by Eurostack available to a third party. Client is liable for any (un)authorised use of the Services, including, in particular, the login details, by third parties.
• Client is fully responsible for all Eurostack Service(s) usage. Any repair of the fault(s) caused by Client will be reimbursed by Client to Eurostack. This includes, for example, preventing DDoS from attacking the Client its IP subnet.
• Client is fully responsible for all activity that occurs under your Client Account using the Eurostack Service(s).
• Client will ensure his own hardware and software and related personal services and/or products. This includes possible loss of income and damage to third parties and consequential damage.
• Client is fully responsible to take care of all encrypting and backing up their data, files and systems.

10. Deadlines

• Unless expressly agreed otherwise, agreed dates are only target dates.
• Agreed deadlines for the provision of the services by Serverius will only apply when the Client has given Serverius all the required information needed for the execution of the Agreement.
• Serverius is never in default by the mere lapse of agreed terms. For a written notice a reasonable period awarded after yet to come, which will amount to at least 14 days.
• If Eurostack has an obligation under the Agreement that it cannot comply with within the prescribed period, he will immediately inform the Client in writing of such delay in the execution of the Agreement and will indicate the cause of the delay as well as the measures proposed by Serverius to prevent or undo the (imminent) delay.

11. Prices and payment

• The offered and/or agreed prices between the Parties are exclusive of VAT.
• Client agrees to electronic invoicing. Invoices will be available by the Client Panel and could also be sent per digital PDF file. First payment should be done by a (one-off) bank transfer, or a payment via a bona fide payment service provider that has bank-verified data. All other payment of the amounts due will be paid by wire transfer, bank transfer, bitcoin or a payment via a bona fide payment service provider. If Client has expired outstanding invoices and does not pay the outstanding invoices directly after notification, Client shall without notice be in default.
• Client pays Eurostack a fee for Service(s), calculated and based on the rates of Eurostack.
• If activities are carried out by Eurostack which are not described in the Agreement, it is additional work. Additional work is done on time basis and will be invoiced afterwards.
• For invoicing and and administration services, or to investigate fraud, abuse or violations of this Agreement, we may process usage data related to your Client Account.
• Payment must be made without any discount or set off, within fourteen (14) days after the invoice creation date.
• By default, Serverius does not refund any amount in any way or situation in accordance to the Serverius Refund Policy (found at: https://serverius.net/refund-policy/).
• Eurostack will send invoices in the singular to the Client by e-mail and/or available communication within the Client Panel, indicating the posts to which the invoice relates and the period in which the Service(s) and/or additional work were granted.
• When the Client makes a payment, he acknowledge the correctness of the invoice and therefore he will never dispute any paid invoices.
• If Client does not agree with a Eurostack invoice, he will always make a written protest within a period of 15 days from the invoice generation date by sending an email to finance@serverius.net.
• If Eurostack cannot provide services in accordance with the Agreement, Terms and Conditions due to circumstances that are not attributable to Eurostack (including the circumstances mentioned before in these terms), the payment obligations of the Client will remain in place.
• If the Client has not paid the bill after the expiration of the deadline referred to in this article, the Client shall automatically be charged for interest payment, calculated on an annual basis, equal to the composite statutory interest and will also owe extrajudicial costs which are set at 15% of the unpaid amount with a minimum of € 250, – excluding information and registration.
• Client promises that payments made by him/her in the past by credit card, PayPal or other online payment services will never be denied, refunded, cancelled or made undone in any other way.
• Client should always check payments for accuracy and any errors and report any inaccuracy within 15 days of the invoice to Eurostack.
• Any (periodic) payments that are overpaid by Client (any difference) will be refunded/credited to the Client up to a period of 3 months. If the client submits his request for credit to invoices later than 15 days to Eurostack, then Eurostack will not make up a credit invoice for the Client and/or perform a refund.
• Eurostack is entitled to annually review the monthly Service fee and adapt in accordance with the Consumer Price Index for all Households issued by the Central Desk of Statistics, called inflation. The inflation will be charged by a separate single invoice afterwards (retrospective) or by an adjustment of the monthly rate (at the beginning of the year).
• Client understands that from the beginning till the end of this agreement, Eurostack will have extra external costs for providing the Service(s) to Client. Therefore the purchased Service(s) will always be invoiced to the Client from the start date of the agreement no matter if the Service is (fully) used by Client or not. This will prevent future discussions between Serverius and Client and makes clear that, if the Service is not used by Client he still has to pay for it.

12. Security and confidentiality

• Eurostack endeavors to achieve adequate protection of the Services within the domain of Eurostack. Otherwise, Client shall bear the responsibility and risk for adequate security of its own systems, and other data – whether or not sensitive -information.
• Eurostack guarantees that personnel engaged by or on behalf of Eurostack in the implementation of the agreement are held with the principal security taking under procedures of Eurostack.
• Serverius guarantees that personnel engaged by or on behalf of Serverius will take the implementation of the Agreement, all public law, including as set out in the General Data Protection Regulation into account.
• Without prejudice to the powers granted to the Client in the Agreement and Terms & Conditions, both parties will keep any Confidential Information confidential, whether in writing or orally communicated.
• Except for prior written consent of the other party, both parties will not make the information and data carriers outside the framework of the Agreement, Terms and Conditions insofar as this is permitted and required to perform the agreed services.
• The parties will guarantee that their staff and any third parties will commit in writing to comply with these confidentiality provisions.
• Client will not make public and/or hand over communication with Serverius to third parties and/or allow them to view these. This will include made calls, e-mail exchanges, support/sales/administration/financial tickets, offers, quotations, other agreements, (IM) conversations with similar articles.
• None of both parties will report details of the Agreement and/or Terms and Conditions (partly) in publications or commercial expressions without written permission of the other party.
• Eurostack is committed to protecting the privacy of its Employees, Clients and third parties. Therefore Eurostack complies with the General Data Protection Regulation, where it is applicable to all processing of personal data of Client. The Data Processing Agreement part of this Agreement and therefore included in the Client portal.