1 – Definitions
1.1 – 'Order, Registration' means: the registration form in connection with the request for the delivery of Service(s) by Hostbee.
1.2 - 'Customer, Customer' is defined as: the natural person or legal entity with which Hostbee has entered into an Agreement or intends to enter into an Agreement.
1.3 – 'General Terms and Conditions' or 'Conditions' means: the entirety of the provisions as included below.
1.4 - 'Service' is understood to mean: registering Domain Names in collaboration with the Stichting Internet Domain Registration Nederland in Arnhem and other competent registration authorities. Providing access to the internet by Hostbee, providing hosting services, managing Hostbee servers on which data is electronically stored, consulted, processed or transported, offering space for placing one or more servers, making available establishing the necessary Software, designing, developing and maintaining websites and other related services as explicitly stated in the Agreement.
1.5 - 'Intellectual property rights' means: rights to the results of human ingenuity including - but not limited to - patent rights, design rights, copyrights, trademark rights, trade name rights, breeder's rights, topography or chip rights and neighboring rights.
1.6 – 'Hostbee' is defined as: the Hostbee registered with the Chamber of Commerce (number 62114476).
1.7 - 'Quotation' is understood to mean: any offer from Hostbee to the Customer, aimed at the provision of goods, Services or a combination thereof by Hostbee to the Customer in any way.
1.8 - 'Agreement' is understood to mean: any contractual relationship between Hostbee and the Customer that is aimed at the provision of goods, Services or a combination thereof by HOSTBEE to the Customer in any way.
1.9 – 'Software' is defined as: The software and hardware made available by Hostbee to the Customer in the context of the execution of the Agreement.
2 – General
2.1 – These General Terms and Conditions apply to all legal relationships, including negotiations, Quotations and Agreements between Hostbee and the Customer. The applicability of any form of general terms and conditions of the Customer is expressly rejected. Deviations from the General Terms and Conditions are only valid if the parties have expressly agreed to them in writing.
2.2 – In the event of a conflict between the Agreement and the General Terms and Conditions, the provisions of the Agreement shall prevail.
2.3 - The Customer is at least 18 years or older or, if younger than 18, has permission from his or her legal representatives (parents or guardian).
2.4 – Hostbee reserves the right to supplement and/or change these General Terms and Conditions at any time. Changes will be announced to the other party in writing. The amended General Terms and Conditions come into effect one (1) month after announcement or on a later date stated in the announcement. If the Customer does not agree to a fundamental change in the General Terms and Conditions, he has the right to terminate the Agreement before and on the date on which the amended General Terms and Conditions come into effect.
3 – Quotations, negotiations and conclusion of Agreement
3.1 – All Offers from Hostbee are without obligation, unless expressly stated otherwise in writing in the relevant Offer. Unless otherwise stated in the Quotation, the Quotation is valid for a maximum of 30 days, starting from the date stated in the Quotation.
3.2 – Hostbee may terminate negotiations on an Agreement yet to be concluded at any time.
3.3 - In the event of aborted negotiations, the Customer can never demand that negotiations continue or that Hostbee pay compensation for any costs incurred and/or any damage suffered, regardless of what this damage would consist of or how this damage arose.
3.4 - The Agreement is concluded as soon as the Quotation provided by Hostbee has been accepted.
3.5 – Delivery times provided by Hostbee are provided for information purposes only and are therefore not binding, unless this has been expressly agreed. Delay in the execution of the order can never give rise to compensation or termination of the agreement.
3.6 - If our projects are approved, 50% of the total amount must be paid in advance. The remaining amount will be charged upon delivery.
4 – Duration of the agreement
4.1 – Unless expressly stated otherwise from the General Terms and Conditions or otherwise determined in writing, the Agreement is entered into for an indefinite period, with a minimum of one (1) month.
4.2 – Unless otherwise stated in these General Terms and Conditions, the Customer cannot terminate an Agreement prematurely.
4.3 – The duration of an Agreement for a domain name registration depends on the requested extension.
4.4 - An Agreement will be terminated after the period agreed in the invoice, unless payment has been made.
4.5 – Hostbee does not offer a money back guarantee. Before purchasing a service, the customer can request a test to see whether the services work properly.
5 – Reimbursements
5.1 – The compensation to be paid by the Customer is based on the rate stated in the invoice. All rates are exclusive of VAT and any other government levies.
5.2 – Hostbee reserves the right to change rates at any time and will notify the Customer of this thirty (30) days in advance. If the Customer does not wish to accept a rate change, he has the right to cancel the Agreement to which the rate change relates in writing within seven days after the notification referred to in this article, on the date stated in Hostbee's notification on which the rate change would take effect. steps. The cancellation must be made by e-mail, fax or letter.
6 – Payment
6.1 – All invoices will be paid by the Customer in accordance with the payment conditions stated on the invoice. In the absence of specific conditions, the Customer will pay within a period of eight (8) days after the invoice date.
6.2 - If the Customer does not pay the amounts due within the agreed period, the Customer will be in default without any notice of default being required and will owe statutory interest on the outstanding amount.
6.3 – If the Customer continues to fail to pay the claim after notice of default, the claim may be outsourced. In that case, in addition to the total amount due, the Customer is also obliged to fully compensate the extrajudicial and judicial collection costs, including all costs calculated by external experts in addition to the costs determined in court, related to the collection of this claim or the exercise of legal rights otherwise. , the amount of which is set at a minimum of fifteen percent (15%) of the total amount with a minimum of 62 euros.
6.4 – If you purchase colocation or have hardware with us, Hostbee reserves the right to confiscate this equipment if payment is not made.
6.5 – Payment of an invoice in installments is not permitted, unless this has been agreed by letter, fax or e-mail.
6.6 – If a direct debit fails – or if a chargeback occurs – Hostbee will charge a chargeback fee of EUR 15.00 per failed transaction.
6.7 – Do you disagree with an invoice? Please report this to our administration. We will check with you and, if correct, refund the full invoice amount.
7 – Suspension
7.1 - In the event of failure to correctly or timely fulfill one or more of its obligations, the Customer will be in default without prior notice of default, and without any liability on the part of Hostbee arising from this, as a result of which Hostbee's obligations to fulfill its own obligations are automatically and immediately suspended until the Customer has paid in full what is due and payable, including payment of any interest and costs (including damages).
7.2 - Hostbee is entitled to require full compliance by the Customer before fulfilling its obligations if it is likely that the Customer will not be able to fulfill its obligations correctly and/or in a timely manner.
8 – Reservation and ownership of rights
8.1 – All goods delivered to the Customer remain the property of Hostbee until all amounts owed by the Customer for the goods delivered or to be delivered or work performed or to be performed under the Agreement, as well as the amounts referred to in Articles 6.2 and 6.3 of these General Terms and Conditions, including interest and collection costs, have been paid in full to Hostbee.
8.2 – Rights are always granted to the Customer or, where appropriate, transferred under the condition that the Customer pays the agreed fees on time and in full.
9 – Availability and management of the Service
9.1 – Hostbee will make every effort towards the Customer to ensure that the availability and usability of the Service is as great as possible. Hostbee will resolve any malfunctions as quickly as possible.
9.2 – Hostbee cannot guarantee unobstructed access to the internet, nor that the other Hostbee Services can be used at all times.
9.3 - Hostbee is not liable at all for loss, confusion or damage of data due to the use of the Service, including (e-mail) messages sent via Hostbee's network.
9.4 - The Customer will not be able to gain access to the Service at times when maintenance and/or repair work needs to be carried out on the Service. Hostbee will make every effort to ensure that this work takes place at times when the Customer experiences the least inconvenience.
9.5 - With a view to maintaining and/or improving the quality and safety of the Service, Hostbee is entitled to make changes to its equipment, Software and its method of providing services, including, for example, regulations regarding access times, identification procedures, type of software and scope and content of the information.
10 – Obligations of the Customer
10.1 - The Customer is obliged to act in accordance with applicable laws and regulations and must behave in accordance with what can be expected of a responsible and careful internet Customer.
10.2 – The Customer will only use the Service in accordance with the obligations, instructions and restrictions stated by Hostbee, as laid down in these General Terms and Conditions, among other things. When using the Services, the Customer is obliged not to violate the rights of third parties, not to exhibit behavior that is contrary to good morals or public order, and not to cause damage to third parties or to Hostbee. In particular, the Customer will: · not violate the Intellectual Property Rights of third parties; · not distribute unlawful and/or punishable data, including racist statements, child pornography, criminal data traffic, and offensive statements; · do not attempt to gain access to computer systems for which he is not authorized; · refrain from invading other computers on the Internet without permission (hacking), whereby the Customer breaks through any security or gains access by using a false key; · refrain from spamming; sending large amounts of unsolicited e-mail with the same content.
10.3 - The Customer is obliged to use the Service in such a way that the correct functioning of Hostbee's computer system is not hindered, or that other Customers are not prevented from using the Service.
10.4 - The Customer is obliged to complete the Registration Forms provided by Hostbee completely and correctly. Incorrect and incomplete Registration Forms will not be processed.
10.5 - Hostbee reserves the right to deny the Customer access to the Service if the Customer acts contrary to the previous paragraphs of this article 10. Hostbee will never any compensation is required. The Customer indemnifies Hostbee against all claims from third parties under this article.
11 – Domain name application
11.1 – If Hostbee will mediate for the Customer in obtaining a domain name, the following provisions apply. The rules and procedures of the authorities responsible for the registration of domain names, including but not limited to the Netherlands Internet Domain Registration Foundation, also apply to the application and use of a domain name. The authority responsible for the registration of domain names decides on the final granting of the domain name. Hostbee only has an intermediary role in this procedure and does not guarantee that an application will be honored.
11.2 – Registration of the domain name takes place in the name of Hostbee. If the Customer wants this in his own name, this can be arranged on request. The customer can also change the name himself via My Hostbee.
12 – Hostbee Liability
12.1 - Liability of Hostbee due to an attributable shortcoming in the performance of an Agreement only arises if the Customer immediately and properly gives notice of default to Hostbee in writing, setting a reasonable period in which to remedy the shortcoming and Hostbee can also be held responsible for the fulfillment of its obligations after that period. obligations continue to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that Hostbee is able to respond adequately.
12.2 – Hostbee only accepts legal obligations to pay damages to the extent that this is apparent from this article 12.
12.3 - The total liability of Hostbee that arises in the execution of an Agreement as a result of Hostbee's actions on the part of the Customer is limited to compensation for direct damage up to a maximum of the total of the invoice amounts to be paid by the Customer per year, with the understanding that that the total liability will never exceed 50 EURO. Direct damage is exclusively understood to mean: a. the reasonable costs that the Customer would have to incur to ensure that Hostbee's performance complies with the agreement. However, this damage will not be compensated if the Customer has terminated the Agreement; b. the costs that the Customer has incurred for being forced to keep its old system or systems and related facilities operational for longer because Hostbee has not delivered on a delivery date that is binding for it, less any savings resulting from the delayed delivery; c. reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these conditions; d. reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage within the meaning of these conditions.
12.4 – Hostbee will not be liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.
12.5 - Apart from the cases mentioned in articles 12.3 and 12.4, Hostbee is not liable for any damages, regardless of the grounds on which an action for damages will be based. The Customer indemnifies Hostbee against all claims from third parties.
12.6 - However, the maximum amounts referred to in Article 12.3 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of Hostbee and/or its manager(s).
12.7 - The condition for the existence of any right to compensation is that the Customer reports the damage in writing to Hostbee as soon as possible after the damaging event has occurred, but no later than within 3 (three) months thereafter.
13 – Intellectual property rights
13.1 – All Intellectual Property rights to all Software, equipment or other materials developed or made available under the Agreement, such as analyses, designs, documentation, reports, Quotations, as well as preparatory material thereof, rest exclusively with Hostbee or its licensors. The Customer only obtains a non-exclusive and non-transferable right of use with regard to the Intellectual Property for the duration of the Agreement.
13.2 - The Customer shall refrain from reproducing and/or making public and/or distributing the Software and the associated other materials.
13.3 - The Customer is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from the Software, equipment or materials, including indications regarding the confidential nature and secrecy of the Software.
13.4 – Hostbee is permitted to take technical measures to protect the Software. If Hostbee has secured the Software by means of technical protection, the Customer is not permitted to remove or circumvent this protection. If the security measures mean that the Customer is unable to make a backup copy of the Software, Hostbee will make a backup copy of the Software available to the Customer at the Customer's request.
13.5 - Notwithstanding the above, the parties may determine by further Agreement that Hostbee will transfer the Intellectual Property. This transfer takes place on the condition that the Customer has paid all invoices relating to the results in question.
13.6 – To the extent that a further deed is required for the transfer of the rights referred to in Article 13.5, Hostbee will sign such a deed at the Customer's first request. Article 13.5 applies in full.
14 – Confidentiality and data processing
14.1 – The parties will treat all confidential information they obtain about each other's companies and their relationships as strictly confidential. Information will in any case be regarded as confidential if it is designated as such by the parties. The obligation included in this paragraph applies during the term of an Agreement and two (2) years thereafter.
14.2 - The Customer hereby gives Hostbee express permission to process and use the personal data provided by him for the purpose of and including them in a data file that Hostbee creates in the context of its services. This data is always stored and managed in accordance with the applicable legal regulations.
14.3 - The Customer agrees that his personal data, in accordance with the applicable legal regulations, will be processed for market research and direct marketing for Hostbee Services. If the Customer objects to the processing of his personal data or wishes to withdraw a previously granted consent, he can inform Hostbee of this in writing at any time.
14.4 - The Customer can at any time request access to the data stored about him in Hostbee's database.
14.5 – Hostbee makes every effort to take appropriate technical and organizational measures to protect personal data against loss or any form of unlawful use. These measures provide an adequate level of protection, taking into account the state of the art and the costs of implementation, taking into account the risks associated with the processing and the nature of the data.
15 – Force majeure
15.1 – Neither party is obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure is in any case understood to mean: war (danger), riots, strikes, molestation, fire, water damage, flooding, atmospheric conditions, long-term electricity failure, adjustments or maintenance to the telecommunications and/or electricity networks of others, cable breaks, disruptions in communications connections including telecommunications connections or prevention or refusal of compliance by suppliers on whom Hostbee depends for the performance of its activities.
15.2 – If a force majeure situation has lasted longer than 60 (sixty) days, the parties have the right to terminate the Agreement in writing. In any case, the Customer will remain liable for the rate for the month in which the agreement was terminated.
16 – (Interim) Termination
16.1 - Each of the parties is only entitled to terminate an Agreement if the other party, after a proper and detailed written notice of default as possible, setting a reasonable period for the correction of the shortcoming, culpably fails to comply with essential obligations. obligations arising from the Agreement and/or the General Terms and Conditions.
16.2 - Hostbee may terminate an Agreement in whole or in part without notice of default and without judicial intervention, by written notice with immediate effect, when the Customer is granted a suspension of payments - provisionally or not, when bankruptcy is filed for the Customer or when his/her/ its company is liquidated or terminated other than for the purpose of reconstruction or merger of the companies.
16.3 - If the Customer has already received services in execution of the agreement at the time of the termination as referred to in this article 16, these services and the associated payment obligation will not be subject to cancellation, unless Hostbee is in default with regard to those services. is. Amounts that Hostbee has invoiced before the termination in connection with what it has already performed or delivered in execution of the agreement, remain due without prejudice to the provisions of the previous sentence and become immediately due and payable at the time of termination.
17 – Miscellaneous
17.1 – If a provision of these General Terms and Conditions is annulled, declared void or denied validity by a judicial authority, this will have no effect on the other provisions of these General Terms and Conditions. In the aforementioned case, the Customer and Hostbee will enter into consultation to agree on new provisions that are as close as possible to the purpose and scope of the void, annulled provision or to the provision to which validity was denied.
17.2 – Hostbee may transfer its rights and obligations arising from an Agreement to another legal entity upon transfer of (part of) its Company. The Customer cannot transfer the rights and obligations arising from an Agreement and/or these General Terms and Conditions to third parties without the consent of Hostbee. Hostbee will not withhold its consent on unreasonable grounds.
17.3 – The item designations included in the General Terms and Conditions are indicative. Parties will never be able to derive any rights from this.
17.4 - Provisions from the General Terms and Conditions and/or the Agreement that by their nature are intended to survive the end of the Agreement will continue to apply.
17.5 – The General Terms and Conditions are stated on the Hostbee website (www.hostbee.nl) and can be retrieved from there. They will also be sent free of charge by Hostbee upon request.
17.6 – Payment for the renewal of a domain name must always be made in advance. If payment is not received before the due date, the domain name will be automatically quarantined. The payment term stated on the invoice is not decisive; the due date of the invoice serves as a criterion. Hostbee is not liable for the costs associated with removing a domain name from quarantine.
17.7 – If unwanted activities take place on a web server, Hostbee reserves the right to suspend the user.
17.8 – The data traffic of a Cloud VPS is based on a Fair use Policy. If the user uses more data than other users, Hostbee has the right to temporarily suspend the server network until an agreement has been reached between the customer and Hostbee.
18 – Governing law and forum
18.1 – These General Terms and Conditions and all Agreements, Invoices, Quotations and other documents falling under them are governed by Dutch law.
18.2 – All disputes that arise between the parties will be settled by the competent court in Almelo.
