General Terms and Conditions of Serverius
Statement: “The company Serverius (II) B.V. works without personal opinion, we have no political and / or religious preference and we work according to the Dutch law system in which freedom + human values are used. This forms the base of all Serverius services and technology environments, offers and communication in any way where people can freely use the power of Internet. “
For Your Information: Any SLA’s (Service Level Agreements) are not part of these terms and conditions. Any colocation, connectivity, or DDoS service SLA is part of customized service agreements and are therefore not published on our website.
- These terms are applicable to all offers, agreements and obligations arising in respect of service delivery, user rights and / or products by Serverius (II) B.V., hereinafter Serverius, to or for the benefit of Client.
- In case of specific provisions in the Agreement are inconsistent with these Terms and Conditions the provisions of the Agreement will prevail.
- Deviations from those Terms and Conditions are only valid if and insofar as expressly agreed in writing. Deviations only relate to the convention which are made.
- General purchase conditions or other general conditions of the Customer do not apply to the legal relationship between Client and Serverius and are hereby expressly rejected.
Under the following specified terms with an initial capital, it will be defined as follows:
- Connection: The connection of Client so they can use the services.
- Client / User: Customer, employee, or agent on behalf of Client who has an authorization for usage of the Serverius Services.
- Equipment: The equipment / hardware for Client and/or Serverius, including the system software.
- Annexes: the annexes to the Agreement forms an integral part of the Agreement and may be amended from time to time.
- Services: All services agreed based on the Agreement.
- Documentation: technical and functional descriptions, user manuals in any form whatsoever.
- 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.
- Materials: The media on which the Software is recorded.
- Extra work: additional work as referred to in Article 9.4.
- Failures: the failure of the services in order to the specification or service levels as set out in the Agreement.
- Client: the contractor where Serverius has an Agreement with.
- Agreement: an service agreement with annexes which will be concluded between Serverius and Client.
- Staff: by Serverius enable servants and / or assistants who will work under the responsibility of Serverius during the execution of an Agreement.
- Software: computer programs also including system software, application software and user interfaces with associated documentation and materials.
- SLA: the Service Level Agreement which may be annexed as an appendix to a Agreement and where Service Levels are described with respect to the Services.
- Supplier: the third party engaged by Serverius in the execution of the Agreement.
Confidential Information: any oral or written information provided by a party where it is absolutely clear that it is confidential information just as well as information from the other party where it is indicated that it should be treated as confidential; confidential information will at least be understood; without this list can be regarded as exhaustive:
- The identity of the Client and other business partners or potential clients and business associates.
- 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.
- Personal data.
- Pricing, marketing strategies, product strategies and internal and external procedures.
- Technical and commercial know-how.
- Budgets, made estimates and other non-public financial information; and government policies and other business strategies.
- Business: the by or on behalf of Serverius to be delivered business to Client pursuant to the agreement.
Offers and the development of Agreements
- All offers made by Serverius are valid for thirty (30) days or as otherwise specified in the offer and not binding. Serverius reserves the right to withdraw its offer made within seven (7) days after its acceptance.
- If upon acceptance there will be deviation from the offer made by Serverius, this acceptance is considered by Serverius as an invitation to make an offer. If they want to get into that, Serverius makes a new offer, which Articles 3.1 and 3.2 will once again apply.
- Unless Serverius withdraws its offer, an agreement is established by written acceptance by Client over the offer of Serverius. The Agreement may also be concluded electronically. The agreement which is electronically entered is only established after Serverius is expressly confirmed Client about the commission by email.
- Client is bounded after he has commissioned Serverius or accepted a Serverius quotation. Notwithstanding the provisions of article 6: 225 paragraph 2 BW also binds an offer on minor points deviating acceptance of the principal Serverius, but an Agreement is concluded on the terms and conditions of the offer.
- Serverius is not bounded by the contents of folders, printing or any other form of expression, unless there is expressly referred to in the Agreement concluded between the parties.
- The Customer must inform Serverius of any change in the data which he has entered into Agreement.
- Unless explicitly stated otherwise in or under the Agreement, Serverius will do its utmost to remedy a problem as soon as possible in appropriate cases.
- Serverius will endeavor to ensure that the services (continue to) meet the requirements of any agreed service deliveries.
- Serverius strives for optimum availability of the services. Serverius however is expressly not responsible for the (undisturbed) performance of network connections, unimpeded access to and uninterrupted use of the services, correct and undamaged data transmission and total reliability of uncrackable services.
- Serverius is never required to restore lost data or compensation 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 by law or court order, or in the event Client is acting, or is suspected to, acts 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 services.
- If and insofar Serverius pursuant to statutory provisions or under the Agreement proceeds to storing (traffic) – data relating to the Services during the period, Serverius is entitled to charge Client for those additional charges.
- Complaints about shoddy or incomplete delivery of services must be made immediately after discovery of the defect in writing to Serverius. Complaints about shoddy or incomplete delivery of goods must be submitted in writing within eight days the receipt of goods at Serverius.
- Client shall at all times be entitled to request in writing to Serverius to extent the change according to supply the services Agreement in fairness, but only if the parties have reached an agreement on this before.
- Serverius will within a reasonable time after such modification instruction specify in writing what consequences the changing has related to the service and eventual any service levels as also the costs of the work.
- Serverius is entitled to change the services in reasonable discretion. Serverius is not liable for the costs accruing to Client. For the principal adverse change in the applicable services must at least be announced one month before the entry into operation of the amendment in writing. As far as the contract or these terms do not provide the modification of the services, Client has the right to terminate the current agreement within eight (8) days of notification of the amendment to say on the date when the relevant adverse change takes effect.
- The change required in the reasonable opinion of Serverius considerable adjustment on the part of Client, will be made known to Client as soon as possible. Client cannot claim compensation for damage.
- Serverius is entitled to shut down or limit the use of the system and / or services (temporarily) without prior notice to the extent necessary for the reasonably required (urgent) service to improve the system and / or the services and / or to limit (subsequent) damage for Client, user and / or Serverius and without being entitled to compensation from Client or user towards Serverius. Serverius will inform Client and / or user about it afterwards.
- The Customer is obliged to provide all reasonable cooperation necessary for the provision of the services and related management tasks, such as:
- Making all areas accessible at all times for Serverius and / or Subcontractor in which technical facilities for the provided services are. Access to these areas is always accompanied by a representative, unless the Client writes Serverius and / or relieve supplier off that duty. Serverius and / or supplier will promptly notify the time and the person who will carry out the activities for the Customer, except in urgent cases.
- Timely informing Serverius and / or supplier about changes in the organization and the information systems or other changes that may affect the provision of the services by Serverius and / or supplier; we make space at the location of the Client for the
preparation of Hardware, Software, etc. which are necessary for the Services
- Connection relocation will serve as additional work which should be timely given a separate order for that purpose by the Client.
- The Services business and use which are provided and delivered under the Agreement by Serverius may only be used for legal and legitimate purposes. Moreover, these may only be used in such a way that does not infringe rights of third parties, including but not limited to intellectual property rights.
- The Client guarantees that the user will always comply the obligations arising from the Agreement and these Terms and Conditions strictly and faithfully. Insofar as obligations of user are so much obligations of the Client7.5 The client is always responsible for any use – including the unauthorized use – which will made of the services.
- Customer will write to Serverius as soon as possible about any changes in relevant data concerning the Client.
- The Client must comply with the (technical) regulations, conditions, house rules and procedures, which are provided by or on behalf of Serverius, or how they are defined in the Agreement or their General Terms and Conditions.
- The Client will refrain from hindering Serverius and other users of the services of Serverius and / or damaging to the provision of services of Serverius. It is prohibited to use processes or programs which principal knows or can reasonably suspect that they may hinder Serverius or users of the services of Serverius or cause damage.
- The Client and / or user is not allowed to use the services to send or post any unlawful content or other illegal messages, codes or acts and / or conduct in violation of applicable statutory provisions, self-regulation, the generally accepted standards of decency (including netiquette), the Agreement or these Terms and Conditions. These include, but are not limited to, the following actions and conduct:
- spamming: the unsolicited sending of e-mail with the same content and / or posting in newsgroups on the internet posting of a message with the same content.
- infringement on copyrighted works, rights to databases or other acting in violation of third party intellectual property.
- disclosure and / or distribution of child pornography; (sexual) harassment or harassment of individuals by other means.
- hacking: gaining unauthorized access to other computers or computer systems on the Internet.
In case of violation of the above points, and if Serverius is forced to directly intervene, the time will be charged at € 97.30 per hour (200% surcharge outside office hours), even as any damage caused will be charged to the Client. Serverius is empowered to recover 1000, – EUR per case, without notice.
- The Client and / or user is not allowed, to allow or transfer third parties to use the manual or other out wear of the Agreement rights, unless Serverius gave expressly written permission.
- Client must have proper hardware, software and a connection to a network, to make use of the Services.
- client is obliged to follow reasonable instructions of Serverius concerning the use of the services. It is expressly not permitted for the Client without prior written consent, to make the services and software published by Serverius available to a third-party. Customer is liable for any (un) authorized use of the Services, including, in particular, the login details, by third parties.
- The client is fully responsible for all the purchased service and / or product used from Serverius. This will mean the services and / or products, customers referred installed hardware etc. of the Client. Repair of fault (s) caused by the Client shall be reimbursed by the Client at the hourly rate. Among these are cleaning the electrical failures within the rack of Client, the repairing of (D) DOS attacks upon IP ranges of the Client and repairing damage caused by the Client within the server room.
- Client will assure its own hardware, software and related personal services and / or products. This including any revenue loss and damage to third parties.
- Client itself will take care of backing up their data and systems.
- The Customer is obliged to provide all reasonable cooperation necessary for the provision of the services and related management tasks, such as:
- Agreed deadlines for the provision of the services by Serverius will only run after the Client has provided Serverius all the required information and business needed for the execution of the contract.
- Unless expressly agreed otherwise, agreed dates are target dates.
- Serverius is never in default by the mere lapse of agreed terms. For this there is always required a written notice with a reasonable period for Serverius to be awarded after yet to come, which will amount to at least 14 days.
- If Serverius provides him with an obligation under the Agreement that they cannot comply within the prescribed period, he will immediately inform the Client in writing of such delay in the execution of the Agreement to notify and indicate the cause of the delay as well as the measures proposed by Serverius to prevent or undo the (imminent) delay.
- The offered and / or agreed prices between the parties are exclusive of VAT.
- The customer pays Serverius a fee for services, calculated based on the rates of Serverius.
- Serverius is annually entitled to adjust its rates. An adversed change of the applicable rate of the client should at least be announced in writing one month prior to the entry into force of the amendment. Insofar the Agreement or these terms do not provide the price changes, the customer is entitled to terminate the current agreement within eight days when being notified of the change as per the date on which the adverse amendment enters into force.
- If the parties agree in writing during the term of the agreement, that extra work or activities carried out by Serverius which are not described in the Agreement of Serverius, is more work. Modifications in the sense of remediation and / or curtailment of the Services may, depending on the concrete situation, also lead to more work. For more work Serverius uses the rates set out in the relevant Annex. Costs for Additional Work fall due by the Client, after having provided to Serverius, unless a written order cannot reasonably be awaited in connection with urgent issues to be resolved promptly in writing requested the additional work. The parties will then agree that additional work is done either at a fixed price and will be billed according to a mutually agreed payment schedule or that the Additional work is done on a time basis and will be invoiced monthly in arrears.
- Serverius reserves the right to adjust the rates each year based on inflation.
- If there is additional consumption of data traffic and / or current (above the thresholds of the Agreement) and unless otherwise agreed in the contract, reimburse the Client to Serverius additional consumption according to the following rates: 8 euros per TB, nine euro per Mbps, 0.21 euros per kWh.
- Submit periodic payment per month has to be paid in advance by the Client. It is mentioned in the Agreement or at periodic rate prevailing on the date of the relevant period.
- The services agreed regular amount must be paid without any discount or setoff within fourteen (14) days after the invoice date.
- Invoicing and payments are made in Euros.
- Serverius will send invoices in singular to the Client by e-mail and / or available within the customer panel set, indicating the posts to which the invoice relates and the period in which the services and / or additional work were granted.
- If Serverius services cannot provide in accordance with the Agreement by conditions which are not attributable to Serverius (including the circumstances mentioned in Article 18), the payment obligations of the Client will remain in place.
- If the Client is regarding the bill after several reminders without good reason after the expiration of the deadline referred to in Article 10.2, the Client shall automatically be charged for interest payment, calculated on an annual basis, equal to the composite statutory interest and he will also extrajudicial costs remunerate which are set at 15% of the unpaid amount with a minimum of € 50, – excluding information and registration. Serverius is also free to go about setting defaults on to final sale of the property located in the data center (such as hardware, software, domain names) of the Client.
- Customer promised that payments made by him / her in the past by credit card, PayPal or other online payment services he / she will never deny, refund, cancel or made undone in any other way.
- Client should always check payments for accuracy and any errors and report any inaccuracy within 30 days of the invoice to Serverius. Any (periodic) payments which are overpaid by the Customer (any difference) will be refunded/credited to the Client up to a period of six months. If the client submits his request for credit to invoices later than 30 days to Serverius, then Serverius will not make up a credit bill for the Client and / or perform refund.
- Serverius is entitled to annually review the monthly rent of the services 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) .
- After reverse of a direct debit by the Client (or his bank) Serverius will pass the resulting administration costs to a minimum of € 50, – by the Customer.
- Client understands that from the beginning till the end of this agreement, Serverius will have extra external costs (like buy raw materials elsewhere) 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 used by Client or not. This will avoid future discussions between Serverius and Client about, if the service is not used by Client he does not have to pay for the time it is not used, because contract period should always be paid.
Retention of title
- All delivered materials and services remain property of Serverius until the amount due under the Agreement has been fully paid including any interest and collection costs.
- If the delivery (also) involves a license to Intellectual Property Rights, as in the case of software, the client becomes owner of the physical medium (diskette, CD-ROM, electricity) after payment and the Client gets a contracting authority license for the duration of the Agreement and subject to the conditions contained in the Agreement.
- Serverius endeavors to achieve adequate protection of the Services within the domain of Serverius. Otherwise the Client shall bear the responsibility and risk for adequate security of its own systems, and other data – whether or not sensitive -information.
- Serverius guarantees that personnel engaged by or on behalf of Serverius in the implementation of the agreement are held with the Principal security- taking under procedures which are communicated to Serverius.
- 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 Data Protection Act or the Data Protection Act into account.
- Unless otherwise agreed in writing, the intellectual property in respect of any on the part of Serverius made available software, documentation and / or materials will remain with Serverius her respectively supplier.
- Where applicable, client obtains only a non-exclusive and non-transferable license to use the Software, Documentation and / or materials. The license may only be used in connection with the use of the services.
- 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 Serverius under the Agreement.
- The Customer is allowed for backup purposes to make one copy of the software manufacture at location.
- Serverius will indemnify the Client against claims of third parties arising from infringement by third parties alleged intellectual property rights relating to the software, documentation and / or materials, unless the infringement is caused by an alteration or addition or used by any other improper and / or violation of provisions of the Agreement and / or these Terms and Conditions. Client shall immediately inform Serverius when third party claims are arising from intellectual property rights. As far as this lies within its power, Serverius requires itself to, at its own expense, take all reasonable measures which may help to prevent stagnation of the services and to limit the additional costs and / or suffer damage of the Client .
- Once the agreement is (prematurely) ending, the Client will upon first request by Serverius return (carriers) the software, documentation and / or materials on which the intellectual property or proprietary rights in Serverius or its suppliers, to Serverius.
- without prejudice to the powers granted to the Client in the Contract and General Conditions, both parties will keep any confidential information confidential, whether in writing or orally communicated.
- Except prior written consent of the other party both parties will not make the information and data carriers outside the framework of the Agreement and / or Terms which are available to him, available to others and his staff and insofar as this is permitted and required to perform the agreed services.
- The parties will make their staff and any third parties commit in writing to comply with these confidentiality provisions.
- The Client will not public and / or hand over communication with Serverius to third parties and / or allow to view. This will include made calls, e-mail exchanges, support / sales / administration ticket, quotations, (IM) conversations with similar articles.
- None of both parties, will report details of the Agreement and / or Terms party in publications or commercial expressions without written permission of the other party.
Transfer of rights and obligations; subcontracting
- The parties are not entitled to transfer the rights and obligations to a third party under the Agreement and / or Terms and Conditions without contributing written consent of the other party. Client is not entitled to provide the Services to third parties.
- Serverius however, is authorized to transfer its rights and obligations under the Agreement and / or Terms to a third party over which they exercise control or with who they will enter a partnership, if and insofar the Client’s interests therefore are reasonably not prejudiced and he will notify this in writing for the knowledge the Client.
- Serverius is competent for the execution of an Agreement and / or Terms of using the Services suppliers and other third parties.
- Serverius exercised the utmost care in selecting its suppliers. If agreed, Serverius will endeavor that the required (fixed) telecommunications links will be delivered in time.
- If Serverius is not able to achieve the connection in a timely manner and / or as accorded to realize the possible SLA because of a too late completion of (fixed) telecommunications connections , then Serverius is not liable for any resulting damage.
- Serverius is only liable for direct damage resulting from willful misconduct or gross negligence on the part of Serverius.
- If one of the parties fails to fulfill any of its obligations under the Agreement and / or Terms and Conditions, the other party will be in default in its reason, unless the fulfillment of the relevant obligations is already permanently impossible, in which case the defaulting party is in default immediately. The notice shall be in writing, which will be awarded to honor its obligations in still a reasonable period to the defaulting party.
- The Client will be liable for damage where Serverius suffers from as a result of damage and / or loss of equipment and / or software, disruption of services from Serverius or other damage caused this damage by negligence and / or not acting carefully by the Client or his staff and / or operations of the Client or his staff that are not permitted by the Agreement and / or Terms and Conditions.
- If Serverius is liable and unless otherwise agreed in writing, the Customer will first appeal to his own insurance. Only if it does not pay the fee obligation Serverius is limited to a maximum of € 1000, – per event, with a maximum of one event per month and ten (10) events per calendar year (maximum of 10.000, -), which includes administrative and possibly legal costs. A series of related events is considered as one event.
For this fee only the subsequent said direct damage is into account:
- Damaged hardware in the rack space rented by the Client
- Material damage caused by the failure of the reduced rack space in the data center service
- Costs of necessary repair of equipment and other materials applied to restoration of direct damage caused by the failure of the reduced rack space in the data center service
All other damage (e.g. software, data, media, loss of income, loss of income by network and / or power outage etc.) caused by the failure of the purchased service at Serverius cannot be claimed by the Client and is always on expense of the Client.
If there is a contractual agreement between the Client and Serverius for crediting period invoices outages and / or downtime Serverius services will only downtime caused by intent or gross negligence on the part of Serverius be included in the outage and / or downtime (month) period calculation. Things like cable cuts inside and outside the Serverius network DDoS’es in general, downtime due to failure of hardware and / or software Client itself, configuration and / or software changes are covered by or for the Customer outside the outage and / or downtime (month) calculation period.
- Any liability of Serverius for consequential damage is excluded. Consequential loss is in this case includes:
- Loss of income and / or profits
- Expenses incurred to prevent, reduce or adopt consequential damages
- Other damage than the direct damage referred to in Article 16.3, including, but not limited to, consequential loss or damage to information and / or data
- The coming restrictions contained in Article 16.3 will be deleted in case of third party claims for damages arising from death or serious injury and / or if there is intent or gross negligence on the part of Serverius and / or on the part of the staff of Serverius. The liability of Serverius in that case is limited to the amount paid by the liability insurer of Serverius.
- Serverius is not responsible for the proper and uninterrupted operation of the telecommunications infrastructure and / or network and / or power, without prejudice to other situations of force majeure referred to in Article 18.
- Emergency and / or maintenance work, both in order to improve the services will be announced in advance as much as possible. Serverius is not liable for damage due to failure and / or unavailability due to maintenance required of, or reasonably in connection with the Services.
- Customer is liable for all damage caused as a result of the use of the services or products delivered by Serverius.
- Damage as mentioned in this article shall as soon as possible but no later than two weeks after it occurs to Serverius be reported in writing. Damage that has not been brought within that period to the attention of Serverius, is not recoverable unless the Client can demonstrate that he was not able to report the damage earlier.
- All claims and actions against Serverius lapse or expire, unless mandatory legal provisions, over three months after the day on which the harmful event occurred or the respective liability Serverius becomes due.
- Customer indemnifies Serverius for all claims by third parties on any grounds whatsoever in connection with or arising from the use of the Services or other Serverius provided services and / or goods (including liability for breach of (intellectual property) rights, invasion of privacy , trans border data flows) and will reimburse Serverius for all claims arising from these costs, damages and fines.
- If after the conclusion of the Agreement conditions at Client, Serverius or its supplier arise or become known which Serverius did not knew or should have known about when entering into the agreement, as a result of which Serverius not (timely) fulfill its obligations to Client , Serverius shall not be in default and will be entitled to suspend its obligations. The Client is entitled to suspend the payment until Serverius has fulfilled its obligations.
- If as a result of the aforementioned circumstances breach by Serverius is permanently impossible, she has the right to demand that the agreement is amended so that the implementation by her remains possible, unless this cannot be reasonably expected in the circumstances of the Customer and dissolution is justified. In the latter event the Agreement is terminated without the Customer can assert any right to compensation.
- The aforementioned circumstances shall include any of the will of Serverius her independent circumstances which permanently or temporarily prevents the performance of the Agreement, including but not limited to failures in connections to the Internet and other failures or interruption of telecommunication links or other telecommunication facilities , cable breaks, slow connections, power outages, war (danger), terrorist attacks, riots, strikes, (natural) disasters, accidents, government measures, delay / failure of delivery to Serverius (including fuel, energy and water), transport difficulties, fire and disruptions in the business of Serverius and other circumstances beyond the control of Serverius or not reasonably foreseeable.
- If either of the parties is unable to comply for a period of more than thirty (30) working days due to force majeure or not culpably fails in its obligations under the Contract, the other party has the right to dissolve the Agreement by means of a registered letter with immediate effect outside to straight without creating any entitlement for compensation. If the non-compliance by Serverius will not seriously disrupt the continuity of the Services, the aforementioned deadline will again be extended with thirty (30) working days.
- Serverius has the right to (temporarily) suspend, decommission and / or to limit its usage of the Services, user rights or the use or supply of other goods and / or services if the client and / or user fails to comply with any obligation towards Serverius or acts in violation of the agreement and / or these Terms and Conditions. Serverius will notify Customer thereof in advance, unless this cannot reasonably be required by Serverius.
- For the effects of the previous paragraph Serverius will never be liable to the Client and / or third parties.
- The Client gives consent to Serverius to include his or her personal details in the register of personal administration of Serverius which is required for management tasks.
- This register contains account and traffic data and is only accessible to Serverius and without the consent of the Client will not be provided to third parties unless Serverius is obligated to do by law or court order.
- After the end of the Agreement Serverius will collect and store personal data retained by the Client for a period up to five years, after which the data will be destroyed. Serverius is not liable for any damage resulting from this for the Client.
- To protect the system of Serverius, personal data supplied by the client as well as all other data Serverius will take action for a reasonably discretion. Serverius is not liable for damages resulting from the release, destroy or otherwise affecting of the information provided here.
- on the Client’s request, he will have access to their personal data. The client also has the right to request Serverius to correct his personal data.
Duration and Termination of the Agreement
- The term of the Agreement shall commence on the date specified in the Agreement or for a period also therein specified. Unless expressly agreed otherwise (e.g. If the product contract indicates otherwise), the Agreement is entered for a period of at least one (1) year and will be automatically extend by one (1) year and either party may terminate the Agreement in writing with a notice period of two (2) months. Each termination should not be earlier presented / submitted than four months before the date of termination. If the contract is concluded in writing on paper, then it must also be terminated in writing on paper (e-mail will not be accepted). Early termination does not result in a refund of monies already paid to Serverius and does not affect the payment obligations of the Client. To pass all the (partial) cancellations they always have to be signed by writing (on paper).
- Unless the Agreement is concluded for an indefinite period, termination of the Agreement is not possible, unless otherwise agreed or specified in these conditions.
- Notwithstanding the other provisions shall be entitled, without notice or judicial intervention, by registered letter with immediate effect, terminating the Agreement:
a) Each Party shall, if and when:
- To the other party (temporary) suspension of payment is granted and the (temporary) suspension of payment for more than one-third of the then current term or lasted for six (6) consecutive months
- The other party is declared bankrupt
- The company of the other party is liquidated or will be discontinued
- The other party is not (any longer) able or willing to be considered to fulfill its obligations arising from the Agreement and / or the General Conditions
b) Serverius, if Customer:
- Fails to (timely) payment or any other obligation under the Agreement or fails; Serverius nevertheless remains entitled to the monies which he has received or would receive upon proper performance
- In violation of intellectual (property) rights of any third party acts or applicable laws
- Makes improper use of the services of Serverius
- Upon termination of the agreement, the client must return all in its possession property of Serverius concerning the Agreement to Serverius, unless the Agreement itself and retain no copies. Furthermore, the Client will no longer use the Services.
- In case the Client is in default and fails to (timely) pay or fails to comply with any other obligation under the Agreement or does not or does not strictly comply Serverius and for that reason terminates the Agreement or is terminated, Serverius is entitled to without prejudice to its other rights under the Agreement:
to suspend its participation in the Services transition to another supplier or to impose conditions (including full payment and / or guarantees)
- obligations which by their nature continue after termination of the agreement, will apply even after the termination of the Agreement.
- The Agreement and thus controlled undertakings are subject to Dutch law.
- In respect of any disputes is exclusively the Dutch court in Zwolle authorized unless the law mandatorily appoints another judge.
- Amendments and additions to the Agreement and / or Terms and Conditions between the parties are only valid if agreed in writing.
- Notices to Parties under the Agreement and / or Terms and Conditions will do to each other, will be in writing.
- Oral statements, undertakings or agreements have no legal force unless confirmed in writing. 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 now for then to consult with each other on new provisions to replace the void or legally invalid provisions, as much as possible preserve the tendencies of the void or legally invalid provisions. A signed contract shall prevail over any oral and / or written agreements made before or after the contract date.
- In case of mergers, reclassifications and / or spin-offs on the part of the Client, the parties will consult on the ensuing consequences for the Agreement.
- during the term of the Agreement the parties shall not employ (employee (s)) from any other party, or otherwise work for them without the prior written consent of the other party.
- If one or more provisions of these terms and conditions are void or voidable, such shall not affect the validity of the remaining provisions. In case of invalidity of one or more provisions of these conditions parties will be bound by rules of similar effect which are not exposed to nullity.
- Serverius uses e-mail and phone communication. At all times it is the responsibility of the clients to have an active email address and a correct phone number provided in the control panel, e-mails sent to this address must regularly, but within maximum seven (7) days been read.
- Serverius is at all times entitled to amend these terms and conditions. Client is not entitled to terminate the Agreement as a result of this change.
- Customer warrants that he / she reaches the age of eighteen (18) at the conclusion of the agreement with Serverius. Minors may only enter into a service at Serverius if the parents or guardian (s) co-sign the contract by which they authorize the underage person to utilize the services of Serverius. Parents or guardians are also given guarantees for the observance of the General Conditions which are registered with the Chamber of Commerce in Lelystad under number 34367179 and available for review on the website www.serverius.eu.