Qbine Subscription Agreement, Terms and Conditions

Qbine 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 Qbine Terms and Conditions as written below. Qbine 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

• Qbine its Service(s) in any way or form offered to or used by Client are a part of the Qbine Subscription Agreement, and are govern by the Terms and Conditions.
• 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 Qbine, 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 Qbine Subscriptions Agreement. Serverius may modify the Terms and Conditions from time to time.
• 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 Qbine to Client or from Client to Qbine 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 Qbine and hereby expressly rejected.
• The Qbine Subscription Agreement is governed by the Terms and Conditions of Qbine and Dutch law. You agree to resolve any disputes arising under this agreement, rather than a court proceedings or any other legal action, and to waive your participation in class action of any kind against Serverius B.V. in relation to Qbine.

2. Definitions

“Agreement” or “Qbine Subscription Agreement”: the (online) arrangement which is concluded between Serverius B.V. and the Client in relation to an enrolment of Client for Qbine Service(s) which are governed by the Terms an Conditions.
“Acceptable use”: In accordance to the Agreement you may use the (selected) Qbine Service(s). 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).
“Attacks”: means a DDoS attack to Client his IP subnet(s). Part of Qbine Service(s) is to protect Client designated IP subnet(s) with layer 3, 4 and 7 DDoS protection from DDoS attacks to the best of its abilities.
“Client”: The contracting party (Entitiy or person who is authorised to represent the Entity) that entered into a Qbine Subscription Agreement.
“Client panel”: means the web interface https://my.serverius.net, through which Clients may manage the Service(s).
“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 patent-able – technical and/or commercial know-how, methods and concepts.
“Serverius”: the privately held corporation that offers Qbine and its Service(s), under Dutch law, Serverius B.V. having its registered office in Dronten (The Netherlands), De Linge 26.
“Service” and “Service(s)”: means the selected Qbine-hosted services to which Client subscribes under the Qbine Subscription Agreement and made accessible in the Client portal.
“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 made possible via Client Panel with its unique number (ticket number).
“Parties”: means Qbine and the Client, between which this Agreement is concluded.

3. Arrangements and the establishment of Qbine Subscription Agreement

• After Client completes his order of Qbine Service(s), by using or accessing the Service(s) including but not limited to free (trial) Qbine account, or by otherwise indicating your acceptance of the Qbine Subscription Agreement, Client agrees to be legally bound by this Agreement and the Terms and Conditions of Qbine.
• The Qbine Subscription Agreement between Qbine and Client will only be concluded electronically. The Agreement can be initiated by Client which is electronically entered and only established after Client has completed verification of his Qbine account.
• If Client is entering the Qbine subscription Agreement on behalf of a company, organisation, or another legal Entity, you are agreeing to this Agreement that you are representing the Entity and have the authority to bind such Entity to this Agreement.
• All offers, agreements, subscriptions, accounts, obligations, service delivery and user rights cannot be transferred to others without written permission of Qbine. 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 electronic invoicing and monthly recurring invoicing (excluding free Qbine package) for this Agreement. 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.
• Qbine 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 enforce-ability 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.
• 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 Qbine (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, monitoring or set up his Service(s) and allowing them to communicate on his behalf. Responsibility of these user accounts will always rest on Client.
• When communication via the Client panel is started, a ticket with a unique number is created by the ticket system. When Client replies by email, the Serverius ticket number (Ticket ID) is required in the subject header.
• Client and/or Qbine 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 Qbine or Serverius initiated this way of communication.
• All finance and Agreement related communication will be supported by the Serverius finance department. This communication will always be done through the Client Panel.
• In case of expired Client invoices and in exceptional circumstances, Qbine has the right to refuse or delay Client its Service(s) delivery and/or Service(s) support requests, other than finance-related communication to the Client. In case of such refusal, Serverius will notify Client upfront.
• Client agrees that any notices, agreements, updates, disclosures or other communications will be send to you electronically by Serverius.
• In case of unexpected issues with Qbine its Service(s), Serverius will communicate it via a ticket to Client via the Client Panel.
• 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 Qbine 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 notice and consent of Client.
• Client is obligated to provide reasonable cooperation during activities that are necessary to provision and maintain the Service.
• 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 a ticket (e-mail) via the Client Panel.
• 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 Qbine 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 Qbine/Serverius

• 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 Qbine its Service(s) (continue to) meet the requirements as agreed upon.
• Qbine strives for optimal availability of the Service(s). However, Qbine is explicitly not responsible for the (undisturbed) performance of the Service(s), unhindered access to and uninterrupted use of the Service(s), correct and undamaged data transfer, and the total reliability of Service(s).
• Qbine is never required to restore lost data or to compensate for damage caused by the loss of data.
• Qbine will refrain from viewing data traffic, files, or other information of Client processed by Qbine, 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. Qbine Services

• By default, all Qbine Services are “as is” without any guarantee.
• Under the Qbine Subscription Agreement, Qbine grants to Client a limited, revocable, non-transferable right to access and use the Service(s).
• The Entity remain fully liable for actions and omissions related to this Agreement and the Service(s).
• Client is fully liable and solely responsible for the consequences of using, disclosing, storing, transferring, processing or transmitting any information via Qbine.
• Qbine will not be (in)directly liable or responsible to Client in any manner, for any harms, damaged, loss, altered, intercepted, lost profits, special or consequential damages, or claims in relation to the installation of, use of, or reliance on the performance of Qbine.
• Qbine cannot guarantee that our security procedures will be error-free, therefore any consequential damage cannot be claimed at Qbine or Serverius.
• 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 Qbine 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 Qbine will remain with Qbine 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 Qbine under this Agreement.
• Once the Agreement is (prematurely) ending, the Client will upon the first request by Qbine return the software, documentation and/or materials on which the intellectual property or proprietary rights of Qbine or its suppliers to Qbine.
• 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 Qbine’s reasonable control, etc.
• Qbine 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 Qbine 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 Qbine 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 Qbine clients and therefore at exceptional circumstances when the attacks to Client deviates from the Qbine average, Qbine 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.
• Qbine 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. Qbine 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 Services rendered under the Agreement. Such change will only apply if an agreement has been reached on this.
• Qbine 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.
• Qbine is entitled to reasonably change the Services to its own opinion. Qbine is not liable for any consequential damage from it. All adjustments with financial or service consequences for Client must be communicated by Qbine 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 Qbine to Client.
• Qbine 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 Qbine or Serverius exercises control or with who Qbine will enter a partnership, if and insofar the Client’s interests, therefore, are reasonably not prejudiced. Qbine will notify the Client of this in writing.
• Qbine is entitled to use third parties to execute its duties under this Agreement, Terms and Conditions. Qbine 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 responsible for maintaining confidentiality of access credentials created by or assigned to you, and are solely responsible for all activities that occur with such credentials. We strongly encourage you to enable two-factor authentication in conjunction with your credentials.
• 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 agrees that he is responsible for determining whether use of the Service will satisfy your individual compliance obligations.
• 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 Qbine 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.
• Client is responsible for keeping his details up to date in the Client panel. Client must inform Qbine of any change in the data with which he has entered into the Agreement.
• 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 Qbine 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 Qbine 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 Qbine’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.
• Qbine is not responsible for monitoring of Client content, this responsibility fully lies with Client.
• Qbine 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 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 Qbine Service(s), websites, domain names, and the security of its own systems. Qbine will take strict measures to prevent future abuse cases. In case of abuse issues which need to be solved, Serverius or Qbine will inform Client in advance after which Client will terminate resources and resolve the abuse and its consequences if possible. If not, Serverius and Qbine 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 Qbine or Serverius, in accordance with the definitions in the Agreement and Terms and Conditions.
• Client will refrain from hindering Qbine and Serverius and other users of the Services of Qbine and will refrain from damaging the property of Qbine and Serverius, and other users. It is prohibited to use processes or programs which the principal knows or can reasonably expect that may hinder Qbine or users of the services of Qbine 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 Qbine gives express written permission.
• Client is obliged to follow reasonable instructions of Qbine concerning the use of the Service(s). It is expressly not permitted for the Client without Qbine prior written consent, to make the Service(s) and software published by Qbine 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 Qbine Service(s) usage. Any repair of the fault(s) caused by Client will be reimbursed by Client to Qbine. This includes, for example, preventing DDoS from attacking the Client its IP subnet.
• 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 itself will take care of encrypting and backing up their data and systems.

10. Deadlines

• Agreed deadlines for the provision of the services by Qbine will only apply provided that the Client has given Qbine all the required information needed for the execution of the Agreement.
• Unless expressly agreed otherwise, agreed dates only target dates.
• Qbine 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 Qbine 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 pays Qbine a fee for Service(s), calculated based on the rates of Qbine.
• If activities are carried out by Qbine which are not described in the Agreement, it is additional work. Additional work is done on time basis and will be invoiced afterwards.
• Agreed periodic payments per month have to be paid in advance by the Client.
• 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/).
• Qbine 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. Client agrees to the Serverius refund policy which can be found at https://serverius.net/refund-policy/.
• If Client does not agree with a Qbine 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 Qbine cannot provide services in accordance with the Agreement, Terms and Conditions due to circumstances that are not attributable to Qbine (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 Qbine.
• 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 Qbine, then Qbine will not make up a credit invoice for the Client and/or perform a refund.
• Qbine 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, Qbine 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.
• Client understands that the offered Services 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 Qbine or Serverius and its supplier(s), or its Staff, or changes in laws or if supplier service price increase applies and have effect upon the Services, Qbine has the duty to find an equivalent alternative to continue the Service to Client. If Qbine cannot realise an equivalent service alternative, Qbine has the right to charge a price increase or cancel the Services to which it applies to.
• In case Qbine want to raise pricing, Qbine 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. Any (possible) damage by this cancellation, in any way, to Client will never be covered by Qbine.

12. Security and confidentiality

• Qbine endeavors to achieve adequate protection of the Service(s) within the domain of Qbine. Otherwise, Client shall bear the responsibility and risk for adequate security of its own systems, and other data – whether or not sensitive -information.
• Serverius Staff engaged by or on behalf of Qbine in the implementation of the Agreement are held with the security principals taking under procedures of Qbine, and take into account public law such as General Data Protection Regulation.
• 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.
• Qbine is committed to protecting the privacy of its Employees, Clients and third parties. Therefore Qbine 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.