General Terms and Conditions Connect Your Hosting
These general terms and conditions apply to every offer and / or quotation from Connect Your Hosting and are an integral part of every agreement between you and Connect Your Hosting. These general terms and conditions describe the legal basis and are always leading.
Article 1. Definitions
1. Connect Your Hosting located in The Netherlands, the city Eindhoven and registered with the Chamber of Commerce under file number 53612981.
2. Connect Your Hosting operates under various trade names, all of which can be found under the file number 53612981 at the Chamber of Commerce.
3. Where “Connect Your Hosting” is mentioned, also every other trade name applies belonging to the registration with the Chamber of Commerce, file number 53612981.
4. Client, also named as customer: the natural or legal person who has entered into an agreement with Connect Your Hosting or to whom Connect Your Hosting has submitted a quote.
5. General Terms and Conditions: this present document.
6. Service: the specific service that Connect Your Hosting agrees with the Client, as stated in the agreement or quote.
7. Agreement: the agreement between Connect Your Hosting and the Client under which Connect Your Hosting will perform the Service.
8. Websites: www.connectyourhosting.nl, www.connectyourhosting.com, customer.connectyourhosting.com
Article 2. The agreement
1. If you have created an account on one of the websites of Connect Your Hosting (the websites of which Connect Your Hosting is the domain name holder, such as (but not limited to) www.connectyourhosting.com and www.connectyourhosting.nl, have created an account or have agreed to an offer of Connect Your Hosting, then an agreement has been concluded between Connect Your Hosting and you. While ordering on the website, the website indicates what amount of money you have to pay and a description of the Service. Both are binding to this agreement.
2. Connect Your Hosting can draw up an offer in which it indicates what is included with the Service and what amount will be due on acceptance. Only the description of the Service indicated in the offer is binding.
3. A quote is without obligation and valid until 30 days after sending by Connect Your Hosting, unless stated otherwise in the quote.
4. For domain registrations, you always enter into an agreement with Connect Your Hosting for the duration of one (1) year or longer, depending on your choice. The agreement is tacitly extended by one (1) year each time.
5. For SSL certificates, the agreement is entered for the duration of one (1) year. The contract will not be renewed tacitly but will be terminated by operation of law.
6. For all other services, the agreement is entered for the duration of one (1) month, unless otherwise indicated by you during the ordering process. The agreement is tacitly renewed each time with the same period as specified in the order.
7. Insofar as not otherwise agreed in writing, Connect Your Office guarantees that the Service will be performed to the best of its ability with care and skilled craftsmanship.
However, Connect Your Hosting does not provide guarantees for minimum speeds, uninterrupted operation, reliability or accessibility for its services and systems, unless this is recorded in an SLA. However, we have established that we have 99,9% and higher uptime for all our services each year.
8. Delivery terms stated by Connect Your Hosting are not final deadlines, unless expressly indicated.
9. Service Level Agreements (SLAs) are exclusively issued per service to the client after consultation with the client. SLAs are therefore always tailor-made.
10. If it appears that the information provided by the Client is incorrect, Connect Your Hosting has the right to adjust the prices accordingly.
11. These Terms and Conditions are applicable to the Agreement at all times, unless expressly agreed otherwise in writing.
12. Terms or conditions set by the Client that differ from, or do not appear in, these General Terms and Conditions are binding for Connect Your Hosting only if and insofar as Connect Your Hosting has explicitly accepted them in writing.
Article 3. Services
1. If these conditions refer to a service, this means a service that Connect Your Hosting provides to you, because you have signed an agreement with Connect Your Hosting.
2. After the conclusion of the Agreement, Connect Your Office will execute the Service as soon as possible in accordance with the quotation, electronic order or the order by letter or e-mail.
3. Third-party services can be part of the agreement. If that is the case, the additional conditions of these third parties apply to (the use of) these services. The additional conditions can be consulted on our website.
4. You grant Connect Your Hosting a power of attorney to accept any additional conditions on your behalf and / or to conclude a (separate) agreement for registering a domain name or being able to provide the relevant service.
5. Connect Your Hosting grants you, for the duration and under the terms of the agreement, the non-exclusive, non-transferable and revocable right to use the service, including future updates.
6. Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct execution of the Service. In particular, the Client shall ensure that all data, of which Connect Your Hosting indicates that these are necessary or of which the Client should reasonably understand that these are necessary for the execution of the Service, are provided to Connect Your Hosting in a timely manner.
7. Connect Your Hosting is not permitted to make changes independently to the material provided by the Client without prior permission from the Client, with the exception of changes that Connect Your Hosting deems necessary for the proper execution of the Service and which the essential content of the material does not change.
8. Delivery terms stated by Connect Your Hosting will always be indicative unless explicitly stated in writing that it is a deadline. Connect Your Hosting is only in omission after an agreed deadline, after the Client has given notice of omission in writing.
9. Exceeding agreed delivery times for whatever reason does not give entitlement to compensation, unless otherwise agreed in writing.
Article 4. Account
1. Your account gives you access to a Connect Your Hosting user interface that allows you to manage and configure (certain aspects of) the services.
2. You can create the account via our websites. The account will be accessible by entering a password and username. You are responsible for choosing a strong password and keeping this password secret.
3. For some services, these can only be purchased by means of the credit in the digital wallet. Our websites explain for which services this applies. Through your account you have access to your digital wallet. In your digital wallet you place credits, with which you can purchase services from Connect Your Hosting. You are responsible for maintaining the credit. If you have a shortfall, it is possible that Connect Your Hosting does not extend the contract and suspends the agreement (s) or cancels service(s). Connect Your Hosting will do its best to warn you in time and can also choose to apply the normal payment arrangement.
Article 5. Your obligations
1. You must do and leave, everything that is reasonably necessary and desirable to enable a timely and correct execution of the agreement. In any case, you ensure that all data is correct to the best of your knowledge and is provided to Connect Your Hosting in time. These are, for example, the contact information that Connect Your Hosting indicates are necessary, or of which you know or should know that these are necessary for the execution of the service.
2. You are also responsible for keeping all your data up-to-date within your account.
3. If there is any (suspicion of) misuse of login data, you must report this immediately to Connect Your Hosting, so Connect Your Hosting can take measures.
4. Every action that takes place through your account falls under your responsibility and comes at your risk.
5. You must pass on changes in data or circumstances to Connect Your Hosting without delay.
6. You are fully responsible for all installations and maintenance of applications, unless the application is part of the service or unless otherwise agreed in writing with Connect Your Hosting.
7. These general conditions also apply to legal successors. If you resell or take over the services you have purchased, you are obliged to pass these conditions on to the end user of the service.
Article 6. Prices and payment
1. All prices mentioned on www.connectyourhosting.com and www.connectyourhosting.nl are inclusive of VAT and other levies imposed by the government, unless stated otherwise.
2. All prices on the website, quotations, folders and other documentation of Connect Your Hosting are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
3. Connect Your Hosting has the right to change the agreement if it appears that you have provided incorrect or incomplete information.
4. Prices may be adjusted at any time during the term of the agreement. We will inform you thirty (30) calendar days in advance about a proposed price change per e-mail and via the website. If you do not agree with the change (s) you may cancel the agreement via our Control Panel with due observance of a notice period of one (1) month. The cancellation option does not exist if the change in prices is due to:
b. an amendment to the agreement as referred to in article 7 paragraph 8 of these general terms and conditions;
c. a price increase by our supplier (s);
d. an obligation on Connect Your Hosting pursuant to the law.
5. Connect Your Hosting will:
I. if applicable, charge one-time costs (such as installation costs, activation costs) and additional services afterwards;
II. reimburse all recurring costs monthly in advance.
6. The payment term is seven (7) calendar days after the invoice date, unless otherwise indicated whether the invoice has been agreed in writing.
7. If you do not pay the amount due within the payment term, you will receive a first reminder from Connect Your Hosting. In this we give you seven (7) calendar days to complete the payment. If the payment still fails to arrive, we will send a second reminder. We will charge additional costs for a third reminder. If Connect Your Hosting has not heard from you after this third reminder and has not received payment, we will (temporarily) discontinue the provision of services. The collection of the payment can then be transferred by Connect Your Hosting to a collection agency. Any (extra) judicial costs related to the collection of the claim or of the exercise of the law and any statutory interest must be paid by you, insofar as the law allows. Connect Your Hosting is not liable for any resulting damage. We will of course interrupt this process and resume our service as soon as you have paid the amounts due.
8. You are not entitled to settlement or deduction of payments.
9. Connect Your Hosting has the right to increase by 4% each year, as agreed with the Client, each year on 1 January, without the possibility of terminating the agreement by you.
Article 7. Right of withdrawal
1. This article does not apply if you are a business customer (acting in the course of a profession or business).
2. As a consumer you can dissolve the agreement free of charge within fourteen (14) calendar days (the reflection period) after the conclusion of the agreement. You are then only required to pay any costs for the use of the service up to the moment of dissolution.
3. The right of withdrawal does not apply to a domain registration or to validate an SSL certificate, because this service (s) is fully executed within the statutory period for revocation with your consent. You expressly distance yourself from the right of withdrawal dissolution in the ordering process. You can dissolve the agreement within the cooling-off period via the Control Panel or by writing to Connect Your Hosting in writing in an unambiguous way that you renounce the purchase. Connect Your Hosting confirms receipt of this notification in the event of a digital report.
4. The right of withdrawal does not apply to agreements to provide services, after fulfillment of the agreement, if:
- 1. the performance has started with the express prior consent of the consumer; and
- 2. the consumer has declared to distance himself from the right of withdrawal dissolution once Connect Your Hosting has fulfilled the agreement.
5. If you have already paid (in part), Connect Your Hosting will refund this amount as soon as possible, but no later than fourteen (14) calendar days after termination of the agreement.
Article 8. Web hosting and VPS Hosting
1. The installation and maintenance of the required hardware is done by Connect Your Hosting. You do not have the right to physical access to the server room if you are hosting web hosting or VPS.
2. Connect Your Hosting has the right to assign other hardware to you, if this other hardware satisfies in all reasonableness, or better than, the requirements that applied to the original hardware.
3. There is always a shared infrastructure, unless otherwise agreed in writing. You ensure that unnecessary peak load of the services is prevented and that you do not use the services in a way that creates annoyance for other customers of Connect Your Hosting.
4. You can upgrade the purchased capacity and storage space for the services at any time via your account. Connect Your Hosting does its best to implement the requested upgrade as soon as possible. The downgrading of the services is not possible during the agreement unless agreed in writing. Connect Your Hosting has the right to charge costs for the downgrade.
It is also possible to cancel the agreement and enter into a new agreement with Connect Your Hosting, in accordance with the rules on termination. Connect Your Hosting makes every effort to transfer your data internally.
5. In the event of excessive use of internet traffic or data flows, or in case of exceeding set limits, Connect Your Hosting may charge costs. In the event that you regularly exceed the set limits, or if Connect Your Hosting considers this to be reasonably necessary, Connect Your Hosting can upgrade your subscription. Connect Your Hosting will inform you about this first.
Article 9. Domain names
1. Connect Your Hosting can not guarantee that a submitted application for a domain name will be honored. Connect Your Hosting is therefore not liable for possible damage resulting from the impossibility to register a domain name or for the rejection of a domain name application. After a successful domain name application, Connect Your Hosting will send a confirmation email as soon as the domain name is actually registered.
2. If changes are made within your account with regard to domain names, then these changes will be communicated automatically with “Stichting Internet Domeinregistratie Nederland” (SIDN) or other applicable registration authorities. You are responsible for entering and keeping the correct information within your account up-to-date.
3. Connect Your Hosting may charge costs for reactivating a domain name after suspension, cancellation or any form of (temporary) termination.
Article 10. Regulatory authorities
1. The application and allocation procedure of IP addresses is subject to rules and procedures of the registering authority, such as Réseaux IP Européens (RIPE). SSL certificates are subject to the rules and procedures of the chosen Certificate Authority. Domain names are subject to the rules and procedures of the registry of the extension in question. From the request of the services described above, you are bound by the conditions of these agencies.
2. These authorities decide whether or not to grant what has been applied for. Connect Your Hosting only fulfills a mediating role in the application process.
3. When registering a domain name, the general terms and conditions of the umbrella register or the intermediary through whom we register your domain name also apply. These additional conditions can be found on the websites of the relevant suppliers.
4. Assigned IP addresses remain under the control of Connect Your Hosting and cannot be transferred or moved.
5. The SSL certificate may be revoked by Connect Your Hosting or by the relevant Certificate Authority. Revocation can occur if you have provided the wrong information for the SSL certificate or if the reliability of the SSL certificate has been compromised. You will receive no compensation or replacement product for this.
Article 11. Back-ups, availability and maintenance
1. Connect Your Hosting makes daily back-ups of the data stored by you. Upon request, Connect Your Hosting will make these backups available to you. Connect Your Hosting can charge you for this. Additional backup periods can be adjusted for our services. These terms are only provided as an additional service unless otherwise agreed in writing. Have you not explicitly agreed with Connect Your Hosting that Connect Your Hosting makes these backups available to you? Then there are no backups available.
2. Back-ups of web hosting and e-mail hosting may be destroyed by Connect Your Hosting after fourteen (14) calendar days after the end of the agreement. A period of five (5) calendar days applies to VPS. Keep this in mind when you terminate the service or when Connect Your Hosting informs you that Connect Your Hosting is terminating the service.
3. Connect Your Hosting does its best day and night to ensure that services always perform and are maximally achievable. Connect Your Hosting takes stringent measures to ensure that the services remain accessible. Connect Your Hosting offers guarantees only if this is included in an additional SLA.
4. Connect Your Hosting has the right to put the service (partially) temporarily out of use for maintenance, adjustment or improvement of the system or associated software or facilities. Unless this can not be done otherwise, Connect Your Hosting will always plan and execute this in the form of a well-planned maintenance moment and as much as possible between 23:00 and 5:00 (Dutch time). Connect Your Hosting tries to inform you on time via e-mail and the website. Connect Your Hosting is never obliged to pay compensation for damage in connection with such a shutdown.
Article 12. Code of conduct and notice-and-takedown
1. You may decide what you do with the service, but it is of course not the intention that you (or your client) endanger the Connect Your Hosting network or violate the law. In such cases, Connect Your Hosting or the court can decide to suspend your service (temporarily).
2. You therefore guarantee that the services will not be used for activities that are in conflict with legislation or regulations. In addition, it is expressly not permitted (regardless of whether this is lawful or not) to offer or distribute materials through the services that:
a. contain malicious content (such as malware or other malicious software);
b. infringe the rights of third parties (such as intellectual property rights), or are libelous, defamatory, abusive, discriminatory or hateful;
c. contain hyperlinks, torrents or references with (sources of) material that infringes intellectual property rights; or
d. contain any form of punishable pornography or are apparently aimed at helping others find such material;
e. violate the privacy of third parties, including in any case, but not exclusively, the dissemination of personal data of third parties without permission or necessity or the repeated harassment of third parties with undesired communication.
4. If, in the opinion of Connect Your Hosting, nuisance, damage or other danger arises for the functioning of the systems or networks of Connect Your Hosting or third parties, such as the excessive sending of e-mails, (D)DoS attacks, bad secured systems or activities of malware or other malicious software, then Connect Your Hosting has the right to take all measures it reasonably deems necessary to prevent or avert this danger.
5. If a third party informs Connect Your Hosting about unmistakably unlawful or infringing behavior by you, Connect Your Hosting will notify you as soon as possible. Connect Your Hosting asks you to respond as quickly as possible (but within 24 hours at the latest), after which Connect Your Hosting decides how to act. In urgent cases Connect Your Hosting will intervene immediately.
6. Connect Your Hosting has the right to suspend services, remove material or block (the use of) services if these general terms and conditions, third party rights or laws and regulations are violated. Connect Your Hosting ensures that you are aware of this as soon as possible. If there is excessive load on Connect Your Hosting systems, Connect Your Hosting contacts you in advance. Unless there is an acute threat of the stability of the services provided by Connect Your Hosting, contact will always be sought and a (1) business day will be waited for a response.
7. Connect Your Hosting may give your name, address and other identifying information to a third party who complains that you infringe on his rights if there is no less drastic way to retrieve the contact details. Connect Your Hosting only does this if the correctness of this complaint is reasonably plausible, this third party is also legally authorized to make such requests as, for example, investigative services, and this third party has a reasonable interest in issuing the data and if all legal requirements have been met. No matter what, Connect Your Hosting will initially oppose issuing and staying awaiting a court order, unless the client allows us to cooperate in writing.
8. Connect Your Hosting strives to act as reasonably, carefully and adequately as possible in the event of complaints and is not liable for damage resulting from the measures taken in accordance with this article.
Article 13. Liability
1. This article applies to business customers and to consumers in so far as the provisions are not unreasonably onerous.
2. Connect Your Hosting is only liable to you for direct damage as a result of an attributable shortcoming in the fulfillment of the agreement. Liability for indirect damage, including loss of profit and turnover, is excluded. Direct damage is exclusively understood to mean all damage consisting of:
a. damage to material property (property damage);
b. costs for repair work to prevent data loss;
c. reasonable costs to determine the cause and extent of the damage and to prevent and limit this damage, insofar as it relates to the direct damage, as referred to here.
3. The liability of Connect Your Hosting due to imputable shortcoming in the fulfillment of the agreement only arises if you notify Connect Your Hosting in writing within fourteen (14) calendar days after discovery, whereby in consultation a reasonable time limit for the purification of the shortcoming agreed and Connect Your Hosting will continue to fail shortly after that term in the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Connect Your Hosting is able to respond adequately.
4. The maximum amount that will be paid out in the event of liability as referred to in paragraph 1 of this article is limited to the amount actually paid out by the Connect Your Hosting insurance in the relevant case. If the insurer does not pay out, the amount is in any case limited per event or per series of events to the fees that you have paid to Connect Your Hosting in the past three (3) months for the service in question (including VAT). Under no circumstances will the total compensation for any damage exceed € 1,000,- per year.
5. You indemnify Connect Your Hosting against all claims from third parties (including your customers), and fully compensate Connect Your Hosting for this.
6. Connect Your Hosting can not be held to fulfill the agreement, if fulfillment is prevented due to force majeure. Connect Your Hosting can also not be held liable for damage resulting from force majeure. Under force majeure, in addition to what is meant by the law, includes (but not exclusively):
interruptions in the supply of electricity, government measures, terrorist attacks, fire and floods, shortcomings of suppliers of Connect Your Hosting, disruptions in connection with the Internet, license refusal, (D)DoS attacks and disruptions in hardware or (telecommunication) networks, attacks malware or other malicious software, strikes, import and export restrictions.
7. Both parties are entitled to terminate the agreement if the force majeure situation continues for at least thirty (30) calendar days or longer. Connect Your Hosting is not obliged to compensate any damage in respect of such termination.
Article 14. Intellectual property rights
1. Intellectual property rights means rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
2. The intellectual property rights resting on the service remain with Connect Your Hosting or its licensers.
3. All intellectual property rights that rest on your data or other materials supplied by you remain with you. You indemnify Connect Your Hosting against claims from third parties based on an infringement of such (intellectual property) right.
Article 15. Personal data
1. You have the right to view your personal data. If the overview provided by us contains inaccuracies, you can request us to change the data or have it removed. If you request Connect Your Hosting to delete your personal data and Connect Your Hosting gives (partially) hearing, this action can not be reversed. There is no back-up of deleted data.
2. Connect Your Hosting has a duty of care for the conclusion of a processor agreement, when its customers process personal data via the systems of Connect Your Hosting. These customers of Connect Your Hosting are in this case processing managers. Connect Your Hosting therefore makes a processor agreement available. It is your responsibility to check whether you are indeed controller and authorize Connect Your Hosting to act as a processor, and thus whether you store personal data with us. If this is the case, you must enter into a processing agreement in addition to Connect Your Hosting. If you fail to enter into a processor agreement with Connect Your Hosting but are obliged to do so according to privacy legislation, this is entirely your responsibility.
3. You guarantee that you will only process personal data in and with the help of our service(s) in a wholly legitimate manner. You guarantee that the content, the use and the instruction to process personal data are not unlawful or do not infringe the rights of third parties.
Article 16. End of the agreement
1. A fixed-term contract for business customers (even after tacit renewal) can not be terminated prematurely unless it has been recorded in writing.
2. As a consumer you have the option to cancel each contract after the first extension. The agreement will then be terminated at the end of the current term.
3. Termination of an agreement is only possible via the control panel (CP) within your account.
4. Connect Your Hosting is authorized to terminate and / or suspend the agreement in whole or in part, with immediate effect and without judicial intervention, without any obligation to pay compensation or compensation, if:
a. the obligations from the agreement are not, not fully or not timely fulfilled, even after Connect Your Hosting has given you a reasonable term to fulfill the obligations yet;
b. after the conclusion of the agreement Connect Your Hosting learns of circumstances giving good ground to fear that you will not fulfill the obligations from the agreement;
c. you have been requested to provide security for the fulfillment of obligations under the agreement and this security is not provided or is insufficient;
d. d. you die;
e. suspension of payment is requested for you, a declaration of bankruptcy is filed or if there is attachment or debt repayment;
f. circumstances arise which are of such a nature that performance of the agreement is impossible or unchanged maintenance of the agreement can not reasonably be expected from Connect Your Hosting.
5. If Connect Your Hosting cancels the agreement, in connection with the reasons mentioned in the previous paragraph, all claims with regard to the entire remaining contract term of all agreements that you conclude with Connect Your Hosting are immediately due and payable.
6. If Connect Your Hosting suspends the service, Connect Your Hosting will retain all claims arising from the law and the agreement.
7. The customer is responsible for downloading the data or backups stored under the service. Connect Your Hosting has the right to terminate or suspend access to all accounts associated with this agreement immediately after the date on which the agreement is terminated and to delete data that has been stored by or for you or to make it inaccessible.
8. Connect Your Hosting will, if applicable, in case of a legally valid termination of the agreement and if you have fulfilled your obligations under the agreement, cooperate at your request to make the transfer to another service provider possible.
Article 17. Final provisions
1. Applicability of any purchase or other conditions from you is expressly rejected unless confirmed in advance in writing.
2. If any provision of these general conditions proves to be invalid or is annulled, the remaining provisions will remain in full force. We will then enter into consultation in order to agree on a new provision with regard to the null and void or nullified provision, whereby as much as possible the purpose and the tenor of the void or voided provision will be observed.
3. In the event of any conflict between different documents, the following order of precedence applies:
I. additional written and signed agreements;
II. approved quote or order via the website;
III. availability regulation in the form of an SLA;
IV. Terms and Conditions.
4. Connect Your Hosting may change or supplement the agreement and these terms and conditions unilaterally, even for existing agreements. For existing agreements, a term of thirty (30) calendar days applies after publication before the change takes effect. Changes of minor importance, changes based on the law and changes in your favor can take effect immediately.
5. If you do not agree with the amendment or supplement to these terms and conditions, you can cancel the agreement. The cancellation will take effect on the date on which the amended or supplemented general terms and conditions come into effect.
6. Connect Your Hosting may transfer part or all of the agreement with you to a third party, including rights and obligations as stated in these general terms and conditions and, if applicable, other agreements. If you are a consumer, you have the option to terminate the contract with effect from the date on which the agreement is transferred to a third party.
7. Dutch law applies to this agreement.
8. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes arising from or related to the agreement will be submitted to the competent court of the district in which Connect Your Hosting is located, on the understanding that Connect Your Hosting is entitled is also to submit the dispute to another competent court.
9. The log files and administration of Connect Your Hosting provide full proof of the statements of Connect Your Hosting with regard to the customer, subject to proof by you.