EuroBestHosting: hereafter used collectively for each of the companies of which one or more of the trading names of EuroBestHosting ltdis applicable; for each of these companies the general conditions are applicable.
Customer: the person or legal representative with whom the agreement for the delivery of products and services by EuroBestHosting is made.
EuroBestHosting products and services: the products and services delivered by EuroBestHosting such as for example web hosting, dedicated server hire, collocation, production, placing and hire of web sites, hire and registration of a domain, promotion of a web site, and all other supplementary and supporting products and services.
Agreement: the package of mutual rights and obligations that results from acceptance, by written or by e-mail consent, by EuroBestHosting, of the order by the customer for delivery of one or more EuroBestHosting products or services.
Network: the transmission equipment and, where applicable, the routing equipment and any other technical equipment that makes transfer possible by means of signals between connection points via cables, radio waves, optical means or other electronic means.
As long as there is no mutual agreement between parties made up in writing, the following articles are applicable for every offer, order or Agreement from or with EuroBestHosting.
General conditions of Customer and / or third parties are not binding for EuroBestHosting and are not applicable.
Offering and Accepting
All offers and price quotation done by or on behalf of EuroBestHosting are free of obligation, unless otherwise indicated by EuroBestHosting in writing or by electronic mail.
A quotation or offer from EuroBestHosting has a duration of 8 days, unless otherwise indicated.
Formation of an Agreement
An Agreement comes in to effect at the moment when an (on-line) order form and / or Agreement (for dedicated servers and co-location) has been completed and sent off by the Customer via e-mail / post / fax, and been accepted by EuroBestHosting.
It leaves parties free to confirm the commencement of an Agreement by other means.
Additions and amendments to an Agreement only have a legal grounding if specified in writing.
Scope, duration and termination
The Agreement comes in to effect on the date of the formation and has a duration of 1 year subject to another written agreement. The Agreement is always extended automatically by 12 months after the initial duration of the contract, whatever it is, has elapsed, unless at least one of the parties has indicated that they do not wish to extend the agreement at least 2 months prior to the end of the running 12 month period, in which case the Agreement ends on the date that the running 12 month term ends.
The sub 1 above means that the non-extension is only legally enforceable if the notice is given on time and in writing by registered delivery or by fax. By not respecting one or more of these conditions, the Agreement will be extended for a further 12 months, unless the other party agrees to accept the incorrect notice.
The Customer is not permitted to cancel the Agreement prematurely during the current contract period.
EuroBestHosting has the right to end the Agreement without having to serve a notice as proof of default, or requiring a legal intermediary, if the Customer is declared bankrupt, has applied for or received a moratorium of payment, or has lost the free control of its capabilities in any other way. This latter party will furthermore not be entitled to any compensation for damages.
EuroBestHosting has the right to end the Agreement with immediate effect and without a legal intermediary according to article 14 if:
The Customer makes improper use of the Internet;
The Customer spreads information that is not in accordance with (inter)national law;
The Customer spreads information that is not in accordance with the general accepted norms and values;
" The Customer spreads information that appears to discriminate against appearance, race, religion, gender, culture, origin or can be seen as harmful in any other way. The use of so-called adultpages/MP3/warez/webcams on our virtual servers is also not permitted.
The services offered by EuroBestHosting may only be used for purposes that are not against the Law, are of good moral, in line with public order, observe good Netiquette and are in accordance with the Agreement and these general conditions. Such purposes include, amongst other things but not exclusively, the following tradings and behaviours:
committing infringements on copyright protected work(s) or tradings in any other way that are conflict with intellectual ownership rights of third parties;
the spreading of child pornography;
the use of racist slogans;
the incitement of revolt;
the access without permission to other computers on the Internet (= hacking), for which some security is breached and / or access is provided by a technical intervention with the use of false signals or a false key including when done using a false identity.
If the above tradings and behaviours are performed by the Customer then EuroBestHosting has the right to end the Agreement with immediate effect and without the need for a legal intermediary, and without the Customer having any right to compensation for damages.
Delivery and delivery time
Services are provided as soon as possible after the formation of the agreement and the delivery of data and promotional material, or at a later date to be agreed.
If the agreed time-scale is in danger of not being adhered to, this will be reported as early as possible. In cases beyond the control of EuroBestHosting the terms will be extended under the terms of that control. Excessive overstepping of the delivery time can be considered as a ground for the breaking of the Agreement.
A processing time of a few weeks can be expected when requesting and registering a domain, depending on the relevant NiC.
If the Agreement is broken beyond our control, it is understood that everything will be conducted within the law and jurisprudence, including, for example, the none or late delivery of a service by a EuroBestHosting deliverer.
EuroBestHosting is not tied to its Agreement obligations if fulfilling them is made temporarily or permanently impossible beyond its control. The Agreement can then be ended independently by either party.
Data / e-mail traffic
The data / e-mail traffic is unlimited with the understanding that one must be acceptable for the other in relation to the overall use of the average user and shall never use more than 2% of the processor capacity. If a website shows exceptional use then it will be removed and / or a surcharge for extreme use will be issued.
EuroBestHosting will let the client know of this extreme use and issues this in the form of a surcharge to be paid for extreme use of the data / e-mail traffic. If the owner of the website concerned does not agree to this, they will have the opportunity to take the website in question elsewhere until 12 hours after the time of the report, and so to remove it from the EuroBestHosting servers. If the client does not respond then EuroBestHosting is legally allowed to remove the website in question from its servers, with out giving any further notice. There can never be any appeal for damages, in whatever form, by the Customer, should this occur. EuroBestHosting has the right at all times to take the offending account off-line if it is hindering other users by using up too much bandwidth / data traffic / and or / processor capacity.
In the Agreement there can be provision made for unlimited data traffic on a website hosted by EuroBestHosting. In this case the conditions must be met that on this website there are no:
websites that offer multiple directories with unrelated information;
multiple hosts resolving on one IP number or domain name;
(websites with) file archives with amongst others, but not exclusively, the following file extensions: exe, tar, gz, mp3;
websites that offer downloads, that is to say sites on which more than 20% of their monthly data traffic consists of offered downloads;
websites that use up more than 2% on the server processor;
websites which have on-line shops with more than 2,500 articles;
websites with banners, graphics or c.g.i. scripts running on their website with the intention of being run on other websites.
If a Customer's website does not meet the conditions for unlimited data traffic a limit of 500 MB per month is set for the data traffic. Above that the actual supplement will be calculated per MB data traffic.
Obligations of the customer
The Customer can use the networks that are directly and indirectly linked to the EuroBestHosting Network. In this case the condition that the Customer will adhere, as long as they provide access to the network of a third party, to the legal and controlling conditions that are valid at that moment and applicable for the use of that network.
It cannot be reasonably expected of EuroBestHosting that the condition stated in term 1 is made known to the Customer.
The Customer safeguards EuroBestHosting against each liability coming directly as a result of not adhering to term 1.
The Customer will not cause any disturbance to the functioning of the EuroBestHosting network, third party network(s) and / or the connections between these Networks through (the content of) the data traffic or through an action and / or negligence by the Customer.
If EuroBestHosting has reason to believe a threat arises that could affect the functioning of the EuroBestHosting network and / or the provision of services to EuroBestHosting clients such as, but not exclusively, through spam mail, open relay, portscan, or hacking by the Customer and / or as a result of the Customer in another way, EuroBestHosting can give the Customer directions that must be carried out within the stated terms.
The Customer is immediately withdrawn without any further notice if the Customer appears to be directly responsible for a fault with the functioning of the EuroBestHosting Network, other networks and / or the connections between these networks. No notice need be given of the changes, as stated in the previous term and / or in the case of (the content of) the data traffic or the trading and / or the negligence of the Customer.
7. Changes in the Customer's details must be noted to EuroBestHosting in writing by the Customer. If the Customer does not do this, the Customer is responsible for any possible damages that EuroBestHosting incurs as a consequence.
The Customer is responsible for saving a recent version of its websites / users / databases itself. EuroBestHosting is then also not responsible for the eventual loss of websites / users / databases caused by possible faults or such like.
Provision of services and maintenance
EuroBestHosting will, as far as reasonably possible, make efforts to keep its services running 7 days a week and 24 hours a day, except for the time needed for maintenance work.
EuroBestHosting will, as far as reasonably possible, make efforts to maintain and preserve its connections with other networks.
The Customer must report faults to EuroBestHosting at once.
EuroBestHosting does not guarantee in any way that the services that it delivers is suitable for any goal, neither does it give any guarantees other than those stated in the (written) Agreement or in these conditions.
The costs of solving the fault in the Service are the responsibility of EuroBestHosting, unless;
The Customer has used the Service irresponsibly;
The Customer is in conflict with the Agreement or the General Conditions concerning the use of the service;
The fault can be attributed to the Customer in another way.
All prices exclude VAT, unless otherwise stated.
EuroBestHosting reserve the right to change the prices. These changes must be made known to the Customer by being published on the EuroBestHosting websites at least 1 month prior to them coming in to effect. The Customer is entitled to end the Agreement on the date that these changes come in to effect.
Cancellation order by the Customer
1. If the Customer makes an order in writing and / or on-line, it is binding. If the Customer cancels a request for ordering a domain name registration before EuroBestHosting has requested the ordered domain name or has moved , the Customer will incur a charge of 20 euro to EuroBestHosting (excluding all valid set-up costs for the order).
Cancellation of any agreement by the Customer for another service or product has no legal grounds.
The payment obligations of the Customer come in to effect on the day that the Agreement starts.
Payment needs to be made within 14 days from the date of invoice, in a way to be decided by EuroBestHosting in which the value is declared. The moment of payment is the moment at which the money is received by EuroBestHosting.
The relevant Agreement payment due excludes VAT and any other possible legal charges arising from legal regulations. Furthermore the Customer is liable for payments arising from these conditions.
EuroBestHosting sends the Customer a quarterly or yearly invoice for the costs associated with the agreement. This invoice must be paid within 14 days by way of Paypal or bank transfer.
If the Customer is late with payments beyond the term of 14 days, then the Customer automatically becomes liable without further notice. The Customer is charged interest of 1% per month, unless the legal interest is higher in which case the legal interest is valid. The interest on the owed amount will be calculated from the moment when the Customer is withdrawn until the moment that the full amount is settled.
Costs arising from a non or late payment of the invoice will be charged by EuroBestHosting alongside the owed amount and any interest it incurs for the legal and administrative collection costs, including costs for lawyers, bailiffs and debt collection agencies.
If the Customer is of the opinion that the charges are not right, the Customer can make EuroBestHosting aware of this within two weeks from the date of the charges. After receipt of this notice EuroBestHosting will investigate the invoiced amount.
The customer is withdrawn from the time the Customer is not able to pay the owed charges or when these payments have not been received by EuroBestHosting.
If the owed charges cannot be met by the Customer or are not received, EuroBestHosting will charge interest in accordance with the law, which will be owed from the moment at which the Customer is omitted until the time when it is collected.
If a higher amount is accidentally collected, EuroBestHosting will refund the overcharged amount at the first request of the Customer without delay.
Intellectual ownership rights
The Customer is permitted to download and use software for their own private use that is present on the EuroBestHosting-site where there is no explicit indication of (intellectual) ownership rights or where there is explicit indication that it is permitted (so-called freeware).
The Customer must respect the intellectual ownership rights of the protected software and or other works (including amongst others so-called "shareware") and safeguard EuroBestHosting against any claim.
Material produced by EuroBestHosting is and remains the property of EuroBestHosting.
EuroBestHosting will make efforts to honour the agreed provision of services to the best of its ability by practising good technical mastery, in accordance with EuroBestHosting agreeing to take the task on so the services can be expected in the agreed framework.
The obligation stated in term 1 implies an obligation for effort, because EuroBestHosting is dependent on the cooperation, services and deliverables of third parties in its activities, where EuroBestHosting can have no influence. EuroBestHosting consequently accepts no liability for any damages including those related to EuroBestHosting or the violation thereof regardless of whether the damages exist or become visible during the relationship with EuroBestHosting.
EuroBestHosting is only liable for damages which are a direct consequence of failure on the part of EuroBestHosting to respect its Agreement, if the damages could have been avoided with normal technical knowledge and experience, and taking normal attention and work practises in to consideration
The maximum amount for which EuroBestHosting is liable for damages which are a direct consequence of failure on the part of EuroBestHosting to respect its Agreement, is limited to the replacement compensation for damages, that is to say charges to the value of the remaining fee. The liability of EuroBestHosting will never amount to more than Euro 500,000.00.
The maximum liability for EuroBestHosting for business and / or personal damages will in no case amount to more than Euro 1,250,000.00 per case.
Every liability of EuroBestHosting in any form other than damages is ruled out, including additional compensation for damages in whatever form, charges for indirect damages or consequential damage or damages as a result of deferred turnover or profit, missed savings and / or damages as a result of company stagnation.
The maximums stated in terms 4 and 5 are no longer applicable if the damages are a consequence of intentional or gross misconduct on the part of EuroBestHosting.
The liability of EuroBestHosting arising from accountable shortcoming in the honouring of the Agreement only exists if the Customer immediately and correctly brings it to attention in writing, reporting a reasonable term for the correction of the shortcoming and also if EuroBestHosting continues to fall short of its obligations after that term has elapsed. The notice must have as detailed a description as possible of the shortcoming, so that EuroBestHosting is in an adequate position to react.
A condition for the existence of any compensation for damages is always that the Customer reports the damages as soon as possible after their appearance in writing to EuroBestHosting.
The Customer is responsible for making the relevant details correctly and completely available to EuroBestHosting. EuroBestHosting accepts no liability for damages caused by the incompleteness or incorrectness of any information supplied to them by the Customer. EuroBestHosting always adheres to the Data Protection Act for its obligations concerning personal details supplied to EuroBestHosting by the Customer.
The Customer safeguards EuroBestHosting from any claims of compensation for damages that third parties might make as a result of the in any way unlawful or irresponsible use of the products and services delivered by EuroBestHosting by the Customer.
Because there are a large number of connection points with human intervention on the Internet, and because of the use of local networks and wireless communication, the fact that the sending and receiving of information on the internet is fairly accessible must be taken in to consideration. EuroBestHosting therefore accepts no liability for damages in any form caused by the sending and receiving of confidential or secret information. EuroBestHosting is not liable for the security or misuse by third parties of details that are recorded.
EuroBestHosting is not responsible or liable for the content of promotional material delivered by the Customer.
The Customer is liable for all damages that EuroBestHosting might incur as a result of a shortcoming on the part of the Customer with regard to honouring the Agreement and / or arising from not honouring its obligations, such as described in article 9 of these conditions.
EuroBestHosting accepts no responsibility for faulty software developed by third parties.
In the case of the placing of an own server in the EuroBestHosting network (co-location) by the Customer, EuroBestHosting is no way liable for any possible malfunctions in the hardware of the co-located server, unless the server was bought from EuroBestHosting.
Transfer of rights and obligations
The parties are not allowed to transfer the rights and duties arising from an Agreement to a third party without previous written consent of the other party.
EuroBestHosting has the right to take delivered products and services out of use and / or to limit their use if the Customer does not honour its Agreement obligations according to EuroBestHosting or trades in conflict with article 5, article 8, article 9 and / or article 13 of these general conditions. EuroBestHosting will give the Customer advance notice of this, unless that cannot reasonably be expected from EuroBestHosting. The obligation to pay the amounts due remains during decommissioning.
EuroBestHosting accepts no liability arising from the decommissioning as intended in term 1 of this article.
Commissioning will occur when the Customer honours their obligations within the terms set by EuroBestHosting and has paid the charge of Euro 25.00 (excl. VAT) for re-commissioning.
The Customer is required to complain about any perceptible defects in writing at most 8 days after delivery, failure to do so will result in all claims against EuroBestHosting becoming invalid.
Complaints concerning invisible defects are required to be made in writing by means of registered delivery within 8 days of the defect appearing, possibly having appeared or believing to have appeared. If this does not happen and claim against EuroBestHosting becomes invalid.
If the complaint has grounds the delivered products or services will be adjusted, replaced or compensated for.
Complaints do not affect the Customer's obligation to meet its obligations.
Upgrading / Downgrading hosting packages
Upgrading of virtual hosting packages is possible at any time. Interim downgrading of virtual hosting packages is not possible. Downgrading is only possible on the date of contract extension. The Customer is required to give notice of this to EuroBestHosting at least 2 months prior to the end of the current contract.
Disputes and applicable law etc.
The judge in the location of EuroBestHosting is authorized to take on a dispute except when involved in other dispute settlements, as long as no other over-riding law prevents it. Nonetheless EuroBestHosting has the right to present the dispute to the judge in accordance with the Law.
Parties will only seek legal advise after they have first tried to resolve a dispute in mutual discussions.
Every Agreement between EuroBestHosting and a Customer is subject to English Law.
These conditions have been deposited at the Registry of the Dublin Courts. The latest deposited version is always applicable. In the case of there being conflicts between the Agreement, General Conditions and / or addendums, the order of precedence is the Agreement first, any addendums second and finally these General Conditions.
EuroBestHosting has the right to change the General Conditions and EuroBestHosting is furthermore entitled to make the changed General Conditions applicable to existing Agreements. The Customer distances itself from any right to refuse such changes in advance and to keep the valid General Conditions applicable.
In the case of any condition in these General Conditions becoming invalid or invalidated, the other conditions in these General Conditions remain enforceable. The Customer and EuroBestHosting will attempt to reach a new agreement to replace the invalid and / or invalidated condition, where the objective and the purpose of the invalid and / or invalidated condition will be to taken in to consideration as much as possible.
It cannot be expected that EuroBestHosting makes all the conditions, Legal or general or of another sort, that are valid at that moment for the use of a Network that directly and / or indirectly linked to the EuroBestHosting network. The Customer will keep to these conditions and will safeguard and compensate EuroBestHosting for every claim that comes as a result of not respecting the conditions.
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All prices are excl. 23% VAT - Intracommunity companies are exempt of VAT.