Article 1. Terms & Conditions
Connaxis Hosting: Connaxis Hosting BV located in Nederhorst den Berg, The Netherlands and registered with the Chamber of Commerce under number 66808707.
Client: the natural or legal person who has entered into an agreement with Connaxis Hosting.
Terms & Conditions: the present document.
Service: the specific service Connaxis Hosting renders to Client as specified in the Agreement or offer.
Agreement: the agreement between Connaxis Hosting and Client under which Connaxis Hosting will perform the Service.
Client Control Panel: https://control.connaxis.hosting
Article 2. Offer and acceptance
Connaxis Hosting will prepare an offer which includes a description of the Service and which amount is due after acceptance. Only the Service as described in the offer is binding. It is also possible for the Client to use the electronic ordering process on the Website, through Email or via the Client Control Panel in order to apply for, or amplify the Service. On the website the amounts for Services are noted and will be binding for the specified Service.
An offer is binding and valid for 30 days after it has been sent by Connaxis Hosting, unless otherwise specified in the offer.
If it turns out that the Client provided inaccurate data, Connaxis Hosting has the right to adjust the prices accordingly.
At any time these Terms & Conditions apply to the Agreement, unless otherwise agreed in writing or by e-mail. For specific products and/or services additional terms may apply. These additional conditions will be made available by Connaxis Hosting in writing or via e-mail.
Terms and conditions stipulated by the Client that deviate from, or do not appear in these Terms and Conditions are only binding for Connaxis Hosting if and insofar as these have been accepted by Connaxis Hosting in writing or by e-mail.
After accepting the Agreement by both parties, adjustments may be amended, but only by mutual consent.
The Agreement is valid as of the time the acceptance notification from the Client is received by Connaxis Hosting.
Article 3. Implementation of the Service
Following the agreement of the offer, Connaxis Hosting will carry out and fulfill the Service as soon as possible.
Unless otherwise agreed, Connaxis Hosting will carry out the Service using sufficient care and professionalism.
If required for the proper execution of the Service, Connaxis Hosting has the right to have certain work done by third parties. Any related additional costs are borne by the Client, unless otherwise agreed.
Client is obliged to do all that and let whatever is reasonably necessary or desirable to permit a timely and proper execution of the Service. In particular, Client shall ensure that all data, which Connaxis Hosting indicates is necessary, or for which the Client should reasonably understand it to be necessary to carry out the Service, will be provided to Connaxis Hosting.
Connaxis Hosting is not allowed to independently make changes to the Client’s submitted material without prior permission of the Client, with the exception of that which Connaxis Hosting deems necessary to properly carry out the Service.
If this is part of the Service, Connaxis Hosting Client will provide an administrative username and password. With this data, the Client can access Client Control Panel, and/or management tools like Cpanel, DirectAdmin, phpMyadmin etc .. With this data, client can manage services and/or accounts for individual users that can manage services, all within the limits specified in the Agreement.
Any action through the administrative account or an account of an individual user, is considered to be under the responsibility and risk of the Client. Connaxis Hosting can therefore not be held liable for this. In case of suspected abuse of an account the Client must report this as soon as possible, so Connaxis Hosting take measures to end abuse.
Connaxis Hosting terms of delivery are always an approximation, unless otherwise stated as a deadline. Connaxis Hosting is in default of an agreed deadline, only until the Client has given formal notice in writing (or by email), after passing the deadline.
Exceeding agreed delivery time by any cause whatsoever does not entitle Client to a compensation, unless in writing (or by email) is agreed otherwise.
Connaxis Hosting is entitled to (temporarily) restrict the use of services, if the Client does not comply with, or is in breach of these terms and/or the Agreement.
Article 4. Prices
All prices are exclusive of sales tax (VAT) and other levies imposed by the government, unless otherwise stated.
All prices on the website, offers, brochures and other documentation of Connaxis Hosting are subject to programming and typing errors. For the consequences of such errors, no liability is accepted.
Article 5. Hosting and related services
If the Service also entails the services of storage and/or transfer of material to third parties provided by the Client, as in the case of web hosting or email services, the stipulations in this article apply.
Client shall not publish or offer information via (the servers) Connaxis Hosting, which is against Dutch law. This includes in particular, but not exclusively, information provided without permission of the copyright owner (s), information that is defamatory, threatening, abusive, racist, hateful or discriminatory, information containing (child) pornography and information that violates third party’s privacy, or form of stalking yields, as well as hyperlinks, torrents or other references to such information on third-party websites anywhere in the world (even if the information in the relevant jurisdiction would be legal).
Connaxis Hosting has a complaints procedure by which a third party (the detectors) can file a complaint when they believe there is a problem. If a complaint in the opinion of Connaxis Hosting is justified, then Connaxis Hosting is entitled to remove the material or make it inaccessible. In that case Connaxis Hosting is also authorized to provide personal data of the Client to a detector or to the competent authorities. Connaxis Hosting will inform Client of the progress of this procedure.
If there is possible criminal intent, Connaxis Hosting is entitled to report this. Connaxis Hosting can submit all relevant information of the Client to the competent authorities, and perform all other acts in requests of these authorities as part of the investigation.
In case of repeated (justified) complaints about the Client, Connaxis Hosting is entitled to terminate the Agreement and/or Services.
Client indemnifies Connaxis Hosting for any damage from the above. Connaxis Hosting is not liable for any damage suffered by the Client as a result of the intervention by Connaxis Hosting, even if the complaint is unjustified and the information is not against Dutch law.
The Client will refrain from hindering other Clients or Internet users, or cause damage to the servers. It is prohibited to launch or install processes or programs, of which Client knows or should reasonably suspect that they can or will obstruct or harm servers or Services.
The Client shall abide to the generally accepted rules of conduct on the Internet as stipulated in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adaptations.
Without permission from Connaxis Hosting the Client is prohibited to transfer the provided username or password or usernames and passwords to any third party, other than Connaxis Hosting.
Connaxis Hosting can set a maximum to the amount of storage space, data transfer, amount of e-mails sent, CPU and memory usage by day, week or month. When exceeding this limit, Connaxis Hosting is authorized to charge an additional amount in accordance with the prices listed on the Website, or offer and Agreement. Connaxis Hosting is not liable for the consequences of not being able to send, receive, store or change data if an agreed limit for storage or data traffic has been reached.
The Client hereby grants Connaxis Hosting an unlimited license to all Clients data and materials to distribute, store, transmit or copy in any by Connaxis Hosting deemed appropriate way, but only to the extent reasonably necessary for the purpose of fulfillment of the Agreement by Connaxis Hosting.
In addition to the obligations under the law, any damage arising from incompetence or failure to act in accordance with the above by the Client, is on behalf of the Client.
Article 6. Domain names and IP addresses
If the Service (also) includes that Connaxis Hosting will mediate for the Client in obtaining a domain name and/or IP address, the stipulations in this article apply.
Application, allocation and possible use of a domain name and/or IP address are dependent on and subject to the applicable rules and procedures of the Domain Name Providers, including the Foundation for Internet Domain Registration Netherlands and RIPE. The relevant authority decides on the allocation of domain names and/or IP address. Connaxis Hosting fulfills the application only as a mediator and does not guarantee that a request will be honored.
An invoice for Domain names registration is no confirmation of registration. Only a formal e-mail confirmation of registration ascertains the fact of registration.
The Client shall indemnify and hold harmless Connaxis Hosting for all damages related to (the use of) a domain name on behalf of the Client.
Connaxis Hosting is not responsible for any losses by the Client of its right (s) on a domain name or the fact that the domain name is requested by a third party and/or obtained, except in cases of willful misconduct or gross negligence by Connaxis Hosting .
If Connaxis Hosting registers a domain name in its name on behalf of the Client, Connaxis Hosting will cooperate with requests from client to move, transfer or cancellation of the domain name.
When Client demonstrably fails in the fulfillment of their part of the Agreement, Connaxis Hosting is allowed to (temporarily) disable the use of any domain name or ip address, for the duration of the Client’s default.
In the event of the termination or breach of the Agreement by Client, Connaxis Hosting is entitled to cancel domain names and/or IP addresses.
Article 7. Availability of the Service
Connaxis Hosting shall endeavor to achieve uninterrupted availability of its systems and networks, but offers no guarantees unless otherwise agreed in the offer, or the electronic order process through a so-called Service Level Agreement (SLA). Unless otherwise provided for in such an SLA for availability, the provisions of this Article apply.
Connaxis Hosting will endeavor to keep the software used up-to-date. Connaxis Hosting in this, however, depends on its supplier(s). Connaxis Hosting is entitled to not install certain updates or patches if, in its opinion, it does not benefit the proper provision of the Service.
If, in the opinion of Connaxis Hosting, a danger for the functioning of the computer systems or network Connaxis Hosting or third parties and/or services arises, in particular by excessive sending of e-mails or other data, poorly secured systems or activities of viruses, Trojans and similar software, then Connaxis Hosting is entitled to take all measures it considers reasonably necessary to avert or prevent this danger. Including the (temporarily) shutting down or discontinuation of services.
Article 8. Liability
The liability of Connaxis Hosting for direct loss suffered by the Client as a result of an attributable failure performed by Connaxis Hosting of its obligations under this Agreement or by an unlawful act of Connaxis Hosting, its employees or third parties engaged, per event or series of events, is limited to an amount equal to the amount paid by the Client every month (excluding VAT). The amount of damages will be determined as follows: each hour of failure after the first report from our 24×7 ticket system via the Website, will be compensated with 10% of the monthly invoiced amount up to 100% of the Monthly invoice.
Liability of Connaxis Hosting for indirect damages, including consequential damages, lost profits, lost savings, loss of (business) data and loss due to business interruption is excluded.
Liability of Connaxis Hosting in light of the Agreement only arises if the Client immediately and appropriately notified Connaxis Hosting in writing (or by e-mail), stating a reasonable period to remedy the breach, and Connaxis hosting continues to fail to fulfill its obligations after that period. The notice must contain a detailed description of the failure, so Connaxis Hosting is able to respond adequately.
Connaxis Hosting is not liable for damage caused by force majeure.
Primary condition for the existence of any right to compensation is always that Client reported the damage within 30 days of its occurrence in writing (or by email) to Connaxis Hosting.
Client indemnifies Connaxis Hosting against any third party claims for damages due to a defect in the service supplied by the Client to a third party and which partly consisted of Services rendered by Connaxis Hosting to Client.
Article 9. Faults and force majeure
Connaxis Hosting has the right to temporarily take its systems, including the Website, or parts thereof, out of service for maintenance, modifications or improvement thereof. Connaxis Hosting will attempt to perform this types of maintenance as much as possible outside office hours and will notify Clients in a timely manner. However Connaxis Hosting is not liable for damages in connection with such maintenance, modifications or improvements.
Connaxis Hosting reserves the right to modify its systems, including the Website, or parts thereof from time to time, to improve the functionality and to correct errors. If a modification leads to a significant change in functionality, Connaxis Hosting shall endeavor to inform Client. Connaxis Hosting is not liable for any damages caused by such modification.
Connaxis Hosting shall endeavor, in the event of the unavailability of the Service due to malfunction, maintenance or other reasons, to inform the Client about the nature and expected duration of the interruption.
In case of force majeure, which in any case includes disruptions or failure of the Internet, the telecommunications infrastructure, synflood, network attacks, DoS or DDoS attacks, power failures, civil unrest, mobilization, war, traffic congestion, strike, lockouts, business interruptions, supply delays, fire, flood, import and export restrictions and, problems with suppliers of Connaxis Hosting, for whatever reason, the Agreement will be suspended or terminated if the force majeure situation has lasted longer than ninety days, without any obligation to pay compensation.
Article 10. Duration and Termination
If the Service pertains to the regular provisioning of services during a certain period, the Agreement shall be deemed to have been entered for the minimum period to be specified for each service. If this minimum period has elapsed without any of the parties wishing to terminate at least one (1) month before the expiry date of the contract has stated, the contract is automatically extended for the period specified for each service. If the Client is a natural person not acting in the exercise of profession or business and the Client does not want to end the Agreement, then the contract is automatically converted to an indefinite period, subject to a notice period of one month.
If the Client is a natural person not acting in the exercise of profession or business, Client may terminate Agreement on every day. The denunciation shall take effect one month after receipt of the notice. One month notice is defined by the day with the same number in the next month.
In case of cancellation, termination or dissolution for whatever reason, Connaxis Hosting is entitled to delete all stored data or make inaccessible and eliminate all accounts of the Client. Connaxis Hosting is not required to provide, or keep a copy of this data.
Client may notify termination through the same channel through which the agreement is entered into. Client may also cancel via the Client Control Panel, in writing or by email.
If the Client is a natural person not acting in the exercise of profession or business, the Client has the right to terminate the Agreement, within fourteen days after the contract unless Connaxis Hosting has already started the implementation of the Agreement.
If the Client does not fulfill its obligation of the Agreement, Connaxis Hosting is entitled to cancel all agreements and services, without a required notice or judicial intervention and without prejudice to Connaxis Hosting on compensation for damage, lost profit and interest.
Article 11. Payment Terms
The payment obligation begins at the time the contract is concluded. The payment covers the period beginning on the day of the actual provisioning of products and services by Connaxis Hosting.
Connaxis Hosting will send a monthly invoice to the Client for the amount owed by the Client. The payment terms of this invoice is 30 days from the date of the invoice, unless otherwise indicated on the invoice or otherwise agreed in the Agreement.
Client agrees with electronic invoicing by Connaxis Hosting.
The charges, depending on the period for which the agreement is entered into, will be charged in advance, and must be paid in advance, if not Connaxis Hosting reserves the right to stop the service (temporarily).
If Client fails to pay in time, this will be communicated to the Client and thereby will be set a new payment term. If not paid within that period, then the Customer will receive a final warning. After the second warning Client is in default. Client shall owe the statutory interest provided for in Article 6: 119 and 6: 120 Civil Code (statutory interest). If Client is a natural person not acting in the exercise of a profession or business, then he must pay the statutory interest provided for in Article 6: 119 Civil Code.
If the amounts owed by the actions of the Client can not be collected or received, Connaxis Hosting brings in any case 5 euros for administration costs. The aforementioned fees are increased to a maximum of 25 euros if the Client still fails to meet the demand of Connaxis Connaxis Hosting and Connaxis Hosting is forced to relinquish its claim. Client is also held in the latter case to a reasonable compensation for extrajudicial costs, including the costs referred to in Article 6: 96 Civil Code.
If Connaxis Hosting has to make additional (other than above) costs to achieve collection of the amount due, they will be recovered from the Client.
If Client believes inaccurate costs have been charged, the Client may express objections within two weeks after the invoice date of Connaxis Hosting. Upon receipt of the objection Connaxis Hosting will investigate the accuracy of the invoice amount.
The claim for payment is due immediately if the Customer is declared bankrupt, applies for suspension of payments or is placed total seizure of assets of the Client, the Client dies and furthermore, if it goes into liquidation or is dissolved.
In the above cases, Connaxis Hosting has the right to suspend and/or terminate the Agreement and services, without any right to compensation for damage to the Client that might occur.
Article 12. Intellectual property rights
All intellectual property rights for everything concerning the Service, which has been developed or provided materials, software, analyzes, designs, documentation, advice, reports, offers, as well as preparatory material, are held solely by Connaxis Hosting or its licensors.
Client receives only the user rights and responsibilities arising from the scope of the Agreement or granted in writing (or by e-mail). Client shall not reproduce or make public, software or other materials.
The Client is not allowed to make any changes to materials concerning copyrights, trademarks, trade names or other intellectual property rights, including statements regarding the confidentiality and secrecy of the materials.
Connaxis Hosting is allowed to take technical measures to protect the materials. If Connaxis Hosting has applied any technical protection to secure the materials, the Client is not permitted to remove this protection.
Any use, reproduction or publication of materials that is outside the scope of the Agreement or granted rights of use is considered a violation of copyright. The Client will immediately pay a, not subject to judicial mitigation penalty of, 2,000 euros per infringing act to Connaxis Hosting, without prejudice to Connaxis Hosting to its loss indemnified by the offense to obtain or take other legal measures to put an end to the infringement .
Article 13. Confidentiality
Parties shall treat information that has been exchanged before, during or after the execution of the Agreement, as confidential when it is marked as confidential or if the receiving party knows or should reasonably suspect that the information is confidential. The parties also impose this obligation on their employees and on third parties they engage to implement the Agreement.
Connaxis Hosting will not take knowledge of data stored and/or distributed through the systems of Connaxis Hosting, unless this is necessary for the proper execution of the Agreement or Connaxis Hosting is obliged to do so under a statutory provision or court order.
Article 14. Changes to Terms
Connaxis Hosting reserves the right to change or amend these terms & conditions.
Changes also apply to existing agreements, subject to a period of 30 days after publication of the changes on the Connaxis Hosting Website or by electronic notification. Minor changes may be made at any time.
If the Client does not want to accept changes in these conditions, he can terminate the agreement by this date on which +the new conditions take effect.
Article 15. Privacy
Connaxis Hosting respects your privacy and treats your personal information carefully and confidentially. Processing of your data is done in accordance with the Data Protection Act (WBP) and the General Data Protection Regulation (GDPR).
Use of your data. Connaxis Hosting uses your data exclusively for its own business, with the aim of providing the products and/or services. We need your name, email address, address, company information and phone number to inform you on the status of your orders, invoicing and important things about Connaxis Hosting. Connaxis Hosting does not provide your details to third parties, except in the case of a legal claim, or if this is necessary in connection with the delivery of a product or service.
You can see and edit the data we have on file of you and your company through our Client Control Panel. Make sure this data is always correct.
Recipients of your domain name details. For the registration of domain names your personal information may be transferred to the issuer and any registrar which Connaxis Hosting uses as a supplier. These parties and Connaxis Hosting can create backups of your domain name and data, which in turn could be stored by third parties.
We use strict security measures in order to prevent unauthorized access or abuse of your data. Only the necessary personel has access to the data.
Required domain data. Unless specified as optional data, Connaxis Hosting needs your data in order to process your request for the provision of domain names. If a change of the name of the registrant is required, this is seen as an ownership change, which means a transfer is needed.
According to the GDPR, if you keep, edit or process personal data of others on the systems of Connaxis Hosting BV, then you are obligated to conclude a processor agreement with us. You can find our processor agreement in the Client Control Panel, under My account.
Adjust Privacy. Connaxis Hosting reserves the right to make changes to this privacy statement. Changes will be published on our website.
Article 16. Cookie Statement
Obviously Connaxis Hosting respects your privacy and we ensure that you can not be personally identified by cookies. Data that are stored in the cookies, will not be shared with other parties unless required by law. Cookies can be enabled and disabled, or removed from your browser.
Article 17. Final Provisions
This agreement is governed by Dutch law.
To the extent that the mandatory rules do not provide otherwise, any disputes that may arise in connection with this Agreement shall be submitted to the Dutch court in Amsterdam.
If any provision is found to be invalid under this Agreement, this shall not affect the validity of the entire agreement. The parties will in such case replace it by a new provision that as much as legally possible is given to the intention of the original Agreement and General Conditions.
Any communication statistics, data of measurements and monitoring provided by Connaxis Hosting is regarded as authentic, until proven the contrary by the Client.
Parties shall inform each other without delay of any changes in name, postal address, email address, telephone number or bank account number. If the Client demonstrably fails and is no longer reachable under any of the last details provided, Connaxis Hosting has the right to terminate paid services at the end of the contract term.
Each Party shall only be entitled to assign its rights and obligations under the Agreement to a third party with the prior written (or email) consent of the other Party.
General Conditions are drawn up in Dutch and in English. In case of any differences, the Dutch text prevails.