Warranty, Liability, and Force Majeure
Supplier will always act as a diligent service provider in order to make the agreed Hosting Account available and see to the correct and continuous availability thereof.
Client should ascertain before entering into an Agreement that the Product and/or the Service the Supplier offers is suited for the objective intended by Client.
Supplier guarantees the quality and/or suitability of supplied Products and Services for the application as described by the Supplier.
Supplier can however not guarantee unlimited permanent availability, since besides the systems and connections of Supplier, systems and connections of Client and of third parties will also be used.
Supplier is obliged to regularly check the use, the availability, the reliability, and the processing speed of the Hosting Account, and to take action in case there is any deviation from the established service levels as promised to the Client.
If Supplier is not capable to remedy a shortcoming in supplied materials or products, an alternative or emergency solution can be proposed to the Client. A (partial) restitution of the price of the Product and/or the Service can be proposed as well.
When using the Hosting Account, Client shall behave in accordance with what may reasonably be expected from a responsible and prudential internet user.
Client shall refrain from hindering other clients of Supplier, or internet users in general, or to cause them damage by making use of the Hosting Account. Client is prohibited from activating processes or programs of which Client knows or could reasonably have known that Supplier, other clients, or internet users in general will experience hindrance or damage from such actions. If such an occasion arises, Supplier is entitled to (temporarily) block access to the Hosting Account in order to prevent such situations.
Client shall not use the Hosting Account for actions and/or behaviour that are in violation of the applicable legal provisions, the Agreement, or these Supplemental Terms & Conditions Hosting. Among other things these include, but are not limited to, the following actions and behaviour: (1) spamming: sending large amounts of unsolicited e-mails with the same contents; (2) infringing works of others protected by copyright or otherwise acting in violation of intellectual property rights of third parties; (3) publishing or distributing (child) pornography; (4) sexual intimidation or in any way harassing, hindering or threatening persons; (5) hacking: obtaining access to other computer or computer system on or via the internet without permission.
Client shall not transfer his or her Hosting Account or any other rights pertaining to the agreement to third parties and/or make them available to third parties, unless Supplier has given his express written permission to do so.
Client himself will see to provisioning the required hard- and software, auxiliary equipment and connections in order to enable access to and the use of the Hosting Account.
The use of the Products and/or Services supplied by the Supplier is at the own risk of the Client. Supplier rejects any liability with regard to damage, directly or indirectly (including without limitations losses resulting from, special, indirect or additional damage, loss of business profits, hindrance of business operations, costs in order to prevent or establish damage, loss of business information, or other financial losses) which result from the use of or the inability to make use of the Product or the Service. If the court decides differently then any liability will in no case be higher than the price paid by the Client for the Product and/or Service.
Supplier shall make his best efforts to take care of the Hosting Account to his best insights and capacities in accordance with the requirements of sound craftsmanship, such in accordance with all that may be expected within the framework of the task assigned to Supplier.
Any liability of Supplier for indirect damage, including consequential damage, lost profit, missed savings, and damage because of business stagnation, is exempted.
The Client who acts in violation of his or her obligations pertaining to the Agreement or these Conditions is liable for all damage resulting thereof for Supplier.
The Client indemnifies Supplier against all claims of third parties with regard to damage or otherwise, which occurred in any way by the use by the Client of the Hosting Account, and/or by the non-compliance by the Client with his or her obligations pertaining to the Agreement or these Supplemental Terms & Conditions Hosting.
Supplier is entitled to immediately take a Hosting Account out of use without further notification of the Client if and as long as the Client acts in violation of what is stated in these Terms & Conditions Hosting. In that case Supplier is furthermore entitled, if the severity of the violation justifies this, to annul the Agreement as of immediately, without any right for damages for the Client towards the Supplier occurring.
The Client vouches for the correctness and completeness of the data made available to the Supplier. Supplier is not liable for damage caused by the incompleteness or incorrectness of the information provided by or on behalf of the Client.
Client indemnifies Supplier against claims from third parties regarding remuneration of damage that those third parties could claim on Supplier in any which way. Supplier is not responsible for the contents of the information made available by the Client by means of the Product and/or the Service(s).
The Supplier cannot be obliged to comply with the obligations towards the Client if the Supplier is hampered at that as a result of circumstances that can not be attributed to the Supplier or that are imposed on the Supplier by the Law. If Force Majeure is concerned, Supplier shall inform Client on this as soon as possible.
Circumstances that are understood to mean Force Majeure include but are not limited to: disruptions in the connection with the internet, disruptions of the telecommunication infrastructure, disruptions of networks, and disruptions of the power supply, both at the side of the Supplier and at the side of the Client, severe illness, strikes, exclusions, government measures, extreme weather conditions and natural disasters, disruptions and delays in the supply of goods and materials, the non-compliance with obligations by suppliers, sub-contractors, or service providers of Supplier, or interruptions/disruptions of the gas, electricity, telephone, or internet networks. These conditions also include any event or modification as a result of which the compliance with the Agreement has become so problematic and/or costly compared to the moment that the Agreement was entered into, that compliance can no longer be expected from Supplier within reason, such to the judgment of Supplier. In the latter case, the Supplier shall immediately contact the Client in order to hold consultations on a possible prolongation of the Agreement, whilst adapting to the modified circumstances.
During the period of Force Majeure, Supplier is not obliged to comply with the arrangements resulting from the Agreement. If the period of Force Majeure lasts longer than the time duration as specified in the Agreement then the Client is entitled to annul the Agreement in accordance with these Terms & Conditions. The Client is not entitled to remuneration of costs and/or damages in any form whatsoever from the Supplier.
The right to annul the Agreement lapses as soon as the situation of Force Majeure has been lifted and the Client has not yet made use of this right of annulment.