DataWeb B.V. General Terms and Conditions

Established in Voorburg, registered with the Chamber of Commerce of Den Haag, registration number 27195694.

1.0       General

1.1       These General Terms and Conditions are applicable to every quote and / or offer from, and user agreement with DataWeb B.V., hereinafter referred to as DataWeb.

1.2       Different terms and conditions, adjustments to the contract, and stipulations only apply, if and as far as they have been explicitly accepted in writing by DataWeb.

1.3       All offers made by DataWeb are without obligation. A user agreement can only be realized through written acceptance of a connection request. An invoice sent by DataWeb is equal to a written acceptance. DataWeb is allowed to deny an aspiring user without disclosing DataWeb’s reasons.

1.4       Transactions are always agreed upon based on the prices at the time of the agreement.

 

2.0       Delivery

2.1       Connection of the equipment and usage of the DataWeb connection(s) is hereinafter referred to as delivery.

2.2       Delivery times are always approximate. Exceeding the delivery time never grants the user a claim to compensation or cancellation of the assignment, unless this is explicitly stated otherwise in the contract.

2.3       In case DataWeb is temporarily or permanently unable to execute the assignment, due to circumstances within or out of DataWeb’s control, DataWeb is allowed to completely or partly cancel the agreement and / or completely or partly have the assignment executed by a third party. DataWeb will inform the user of any such decision.

2.4       In case of complaints regarding the execution of the agreement, DataWeb maintains an e-mailbox for reporting complaints about the system’s performance. These complaints are assessed on a regular basis, and action will be taken to improve the situation. DataWeb is not obliged to personally answer e-mail complaints.

2.5       The user must allow DataWeb the opportunity to investigate and remedy the complaints. If the user fails to accurately observe the contents of paragraph 2.4 all claims from the user are void.

2.6       Complaints do not affect the buyer’s payment obligation.

 

3.0       Compensation

3.1       The contracting party owes DataWeb compensation for the delivery of services, according to the fees stated by DataWeb.

3.2       The fees mentioned under paragraph 3.1, are determined for each service individually and may include:

3.2.1    A single fee for delivery of the service and, when applicable, for the necessary facilities;

3.2.2    A single fee for relocation, adaptation, or transfer of the service;

3.2.3    A monthly fee or monthly fees for maintenance and facilitation of the service and for the provision of one or more services.

3.3       The monthly fee that the contracting party owes Dataweb, is stated in an invoice issued by DataWeb. Any applicable taxes and other levies charged by the government will be added to the fee.

3.4       The data regarding (owed) compensations, administration, placing of the service, established connections and delivery of services as registered by DataWeb are decisive, barring proof to the contrary.

 

4.0       Payment

4.1       All payments must be made in advance, within thirty (30) days, unless agreed otherwise.

4.2       Invoices for delivery are only payable to DataWeb B.V.

4.3       If the contracting party does not pay the compensation within the time period stated under paragraph 4.1, DataWeb will inform the contracting party that the payment has not been received, and DataWeb will allow the contracting party a period of seven (7) days in which to make the payment. If the contracting party does not execute the payment within these seven days, the contracting part will be in breach of contract without further notification or notice of default.

4.4       Starting on the date of default, DataWeb can charge the contracting party additional fees equal to the legal interest on the owed amounts and any costs made by DataWeb in order to recover these amounts.

4.5       In case of default, DataWeb is entitled to immediately cease the delivery of services until all invoices are paid, without announcement or notification.

4.6       In case of overdue payment, DataWeb is entitled to claim compensation from the user of both the legal and the extrajudicial costs caused by this. The extrajudicial costs are set at fifteen (15) percent of the claimable amount, with a minimum of 50 Euros. DataWeb is not obligated to prove that these costs have been made.

4.7       DataWeb is entitled to offset its claims on the user with debts DataWeb has with that user, even if the claims on the user are not due for payment.

4.8       DataWeb is entitled to change the fee amounts. These changes are communicated to the user at least one (1) month before they come into effect, by use of the most suitable manner of communication.

 

5.0       Privacy

5.1       DataWeb will not forward personal data of the user to a third party, in any way other than through a court order. This data is only accessible to DataWeb personnel in order to fulfil management functions.

5.2       An exception to this occurs when the CIOT obligates DataWeb to make information available in the context of research. The CIOT (Centraal Informatiepunt Onderzoek Telecommunicatie) executes the Besluit verstrekking gegevens telecommunicatie (Decree on the provision of telecommunication-related information).

 

6.0       Usage

6.1       DataWeb has the right to immediately terminate the agreement without indication of the reason, but with restitution of the unused usage fee, if the user is guilty of misconduct as adjudged by DataWeb.

 

 

6.2       DataWeb takes care of the availability of the DataWeb systems, in which it does its utmost to offer optimum availability. However, DataWeb is not liable for failure or unavailability of the DataWeb systems due to circumstances that DataWeb can not reasonably have foreseen. This includes, but is not limited to: malfunctions in the Internet connection, malfunctions in third parties’ telephone network or fibreglass network, electricity malfunctions, and other disturbances that are beyond DataWeb’s power. Neither is DataWeb liable for damages that occur as a result of network failures and/or unavailability of DataWeb due to the reasonably necessary maintenance of the DataWeb systems, by or because of DataWeb.

6.3       DataWeb has the right to install improvements in or to the DataWeb systems without prior notice to the user.

6.4       The contracting party ensures proper climatic conditions in the space where DataWeb’s equipment is placed (damp-proof, electricity supply, ventilation, cooling). When the client executes maintenance that causes the connection to be interrupted, DataWeb must be informed of this at least 2 days prior to the maintenance.

6.5       The user does not damage the system purposefully, and does not start processes of which he/she can reasonably assume that they hinder other users. It is not allowed to run processes without a direct connection to the system.

6.6       If the traffic on DataWeb’s fixed network experiences hindrance as a result of the contracting party’s use of the service(s), the contracting party must align its usage of the service with the guidelines DataWeb supplies with its notification thereof, within 2 hours after this notification was given. If DataWeb deems this necessary, DataWeb can immediately (temporarily) completely or partly discontinue the service.

6.7       It is not allowed to use the connection with DataWeb for illegal actions. These include, but are not limited to:

6.7.1    The distribution of copyrighted material;

6.7.2    Disrespectful usage of a third party’s intellectual property;

6.7.3    The distribution of other data that conflicts with legal decrees;

6.7.4    Entering other computers on the Internet without authorisation in which the user breaches any form of protection;

6.7.5    Gaining access by means of a technical intervention by use of false signals or a false key or by assuming a false identity (hacking);

6.7.6    Spreading computer viruses, or spreading other computer programs or data with the goal of damaging a third party’s computer programs or data.

6.7.7    Using the service in such a way that telecommunication traffic is hindered because of it.

If DataWeb adjudges that illegal behaviour is carried out via the system, the user is blocked from the system without restitution of the prepaid user fees, and the agreement is dissolved. DataWeb retains the right to claim possible damages it has sustained in relation to this from the user.

6.8       The user is liable for all possible damages DataWeb suffers that are caused by the user’s action(s) or lack thereof that are conflicting with the obligations coming forth from these general terms and conditions.

6.9       The user safeguards DataWeb against all claims of damage compensation from third parties concerning damage occurred in any way by the use of or because of the user of DataWeb.

6.10     DataWeb is not liable for the protection of the stored data.

6.11     DataWeb is not liable for improper functioning of the contracting party’s software.

6.12     DataWeb has the right to temporarily block and/or limit the user’s access to DataWeb in case the user does not fulfil, does not reasonably fulfil, and/or does not completely fulfil his/her obligations towards DataWeb, or if he/she acts in a way that conflicts with the existing terms and conditions. Blockage or limitation of access happens without prejudice to the user’s payment obligation.

6.13     Lifting the blockage and/or limitation will only be done if the user has fulfilled his/her obligations within a period of time that is determined by DataWeb.

6.14     DataWeb has the right to block and/or limit the user’s access to DataWeb in case the user exceeds the agreed-upon amount of data traffic in a calendar month. The blockage and/or limitation is lifted once the user has shown that he/she fulfils or will fulfil his/her obligations in a manner that is satisfactory to DataWeb. DataWeb is not liable for any damages suffered as a result of this blockage and/or limitation.

 

7.0       Duration and termination of the agreement

7.1       A contract concerning a DataWeb connection takes effect on the date on which the service has been created/activated and is entered into for an unlimited period of time, with a minimum term of one (1) year, unless agreed otherwise.

7.2       DataWeb can cancel the agreement with the contracting party approaching and after the expiration date of the minimum term in writing, taking into consideration a cancellation term of three (3) calendar months. DataWeb will execute such a cancellation in writing and supported by valid arguments.

7.3       The contracting party can cancel the agreement with DataWeb by use of a written cancellation notice, taking into consideration a minimum cancellation term of three (3) calendar months before the end of the (initial) agreement.

7.4       In addition to their general rights, both parties have the right to completely or partly dissolve the agreement with immediate effect, in the event that:

7.4.1    The other party has applied for deferment of payment, or he/she has been granted deferment of payment;

7.4.2    The other party has been declared bankrupt or has applied for a declaration of bankruptcy;

7.4.3    The other party has lost control of his/her assets.

 

8.0       Disputes

8.1       Dutch law applies to all disputes resulting from this agreement.

8.2       The court of justice in Den Haag is exclusively authorized.

8.3       If any of the provisions in these general terms and conditions are deemed to be invalid by judicial verdict, this will have no effect whatsoever on the other provisions.

 

9.0       Modification of terms and conditions

9.1       These terms and conditions make all the previous versions invalid.

H.A.A. Wisman

DataWeb B.V.

Postbus 93464

2509 AL Den Haag

This Agreement has been drafted in the Dutch language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the Dutch language version, the meaning of the Dutch language version shall prevail.

 

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