These general terms and conditions apply to all offers and agreements between Greenhost B.V. Amsterdam, Chamber of Commerce 62576593 (“Greenhost”) and its counter parties (“Customer”). Terms or conditions set by customer that deviate from or do not appear in these general terms and conditions are only binding for Greenhost if it has been agreed upon explicitly in writing.
Article 1. Offer and acceptance
1.1. Customer can make a selection via the Greenhost site from the various packages of services, such as web hosting, mediation for registration of domain names, provision of SSL certificates, installation of software for virtual servers (the “Services”) that Greenhost is willing to deliver. Exclusively on the website described package description of the Services is binding.
1.2. If Customer makes a selection of desired services via another channel (such as telephone, letter or in person) , Greenhost will make a quotation of the services required, the prices and how these services are delivered.
1.3. The submitted selection from paragraph 1 or the acceptance of the quotation from paragraph 2 leads to an agreement between Greenhost and Client at the time of its receipt by Greenhost. Greenhost will Customer a confirmation e-mail received. Customer can until the time of receipt of this email cancel the agreement.
1.4. If Customer is a natural person not acting in the exercise of profession or business, Customer may, within seven days after completion of the agreement terminate this by notifying Greenhost. This right lapses as soon as a Customer Service time or Greenhost permission to do work on behalf of a Service. The law does not exist in mediating registration of domain names, as it always is performed immediately after application and with the consent of Customer.
1.5. All changes in the implementation of a Service at Customer’s request are considered additional work when it added cost considered additional work and as a result less work when there is less cost. The same applies when a change in circumstances, a different implementation is required. Greenhost may adjust the prices accordingly unilaterally, but only after consultation with Customer.
Article 2. Implementation of the Services
2.1. After the conclusion of the agreement as soon as possible Greenhost will provide the Services in accordance with the agreement, taking into account reasonable further wishes of Customer. Greenhost guarantees that the Services to the best can be performed using due care and workmanship. The following applies to delivery times are indicative unless otherwise indicated.
2.3. If and insofar as the proper implementation of the Services requires, Greenhost has the right to commission certain activities by third parties. These third parties operate under the responsibility and supervision of Greenhost.
2.4. Customer will already do all that is reasonably necessary and desirable to allow a timely and proper execution of the agreement. In particular contributes Customer ensure that all business and data which Greenhost indicates are necessary or which the Client reasonably understand to be necessary to provide the Services will be provided to Greenhost.
2.5. Greenhost has the right to provide the Services to suspend or restrict supply if it turns out that the Customer in respect of the contract an obligation to Greenhost not come after or acts in violation of these terms or the law.
2.6. Customer shall at entering into the agreement a working email address to give up. Greenhost may send all communications concerning the agreement to this email address. This email address should work throughout the contract. If the change email address, Customer must notify the change from this email address. Requests for information or access to customer data should also be done from this email address.
2.7. Greenhost focuses on energy saving, “green” hosting and other services. As used Greenhost only renewable energy sources. Greenhost strive to improve in this area with its service. The ISO 26000 standard for social responsibility of organizations is leading in this.
Article 3. Support by Greenhost
3.1. Greenhost will remain available for a reasonable level of remote support by phone or email. The times of availability and any response times will be published or will be communicated manner to be agreed on the website of Greenhost.
3.2. Greenhost will the necessary software (like VPS environments, Apache, MySQL, etc.) install and / or configure on systems managed by Greenhost.
3.3. Additional software must be installed by the Customer himself. Customer will ensure that this software up to date, particularly with regard to security. On request Greenhost can be of help, which Greenhost entitled to charge its usual hourly rate. If Greenhost finds that Customer does not properly update the security software Greenhost can intervene in accordance with Article 5.
3.4. If necessary for the use of software licenses from third parties, Customer will decrease these licenses and ensure that its provisions are strictly complied with. On request Greenhost may decrease certain licenses and transfer to the Customer, against mutually agreed fee. Customer indemnifies Greenhost claims by third parties relating to installation and licensing of software, except insofar as the claims are the result of information or licenses are delivered by Greenhost.
3.5. When Customer believes that software does not work or not adequate (eg. A low performance) Greenhost is ready to examine this further and propose a plan for improvement. To conduct of the study and the improvement charges are applicable, unless it appears that the cause of failure or not working properly due to Greenhost itself.
Article 4. Availability of systems
4.1. If a Service (partly) supplied through systems and / or networks managed by Greenhost, such as web hosting, e-mail transmission / reception or access to online software or management tools, Greenhost will endeavor in this Service to uninterrupted availability of these systems and to create networks and to realize access to data stored by Greenhost.
4.2. Greenhost does not guarantee the continuous availability, unless otherwise agreed by means of a so-called Service Level Agreement.
4.3. Greenhost will endeavor to keep the systems it uses and software up to date. Greenhost here is however dependent on its supplier (s). Greenhost is entitled to install an update or postpone patch until they can test it has been adequately and evaluate.
4.4. If access to an administrative account and / or a management agreed so to come Customer may be agreed aspects of managing the Service, Greenhost will provide the Customer with an administrative username and password. Every action that occurs via the administrative account or an account of an individual user of the Customer is considered to be under the responsibility and risk of the Customer. In cases of suspected abuse of an account Customer must report this as soon as possible so that Greenhost can take these measures.
4.5. Greenhost will make regular backups of Customer’s systems of Greenhost stored data for continuity purposes. These backups are not made available to Customer only by Greenhost used for data recovery to continuity problems. The provision of the backups or individual files from it is possible only in special cases and upon payment of the then current standard rate.
4.6. If the backup service as agreed Greenhost will provide the created backup to Customer for unmediated access.
4.7. Customer’s obligation to meet the agreed limits for data transfer, storage and / or processing capacity. Exceeding is Greenhost authorized further use to restrict or block the Service, or to bring an additional amount in accordance with the then applicable amounts for additional processor capacity, data transfer or storage. Greenhost will warn the customer in time before bringing additional used capiciteit charged.
Article 5. Rules of conduct on content
5.1. Customer may not store or distribute information in violation of the law or the terms and conditions.
5.2. In particular, Customer may not store or distribute information that
offense involves forms of pornography or libelous, defamatory, racist, discriminatory, hateful,
infringes the rights of third parties, in any case, but not limited to copyrights, trademark rights and portrait rights,
contains unsolicited commercial, charitable or philanthropic communication.
5.3. It is prohibited to store or transmit data or processes or software, whether through the systems of Greenhost boot which Customer knows or can reasonably suspect that this Greenhost, other users of the Services or Internet users or damage can inflict.
5.4. Greenhost can logs and maintain records of the use of the Services in order to measure the performance of its systems and to identify violations of this article. Greenhost will however not keep logs on individual outbound email traffic without special permission from the Customer.
5.5. If in the opinion of Greenhost has been a violation of this article, Greenhost is entitled to take all measures it deems reasonably necessary to terminate or reduce the impact. These measures are elaborated in the “notice and takedown” policy as stated on the Greenhost website. This will include the lock may or disabling access to information or disabling software. Greenhost will notify Customer of any action under this Article. If Greenhost costs must make to end a violation or to minimize the impact, it will be recovered from the Client.
5.6. When sufficiently plausible that there is a wrongful act against a third party and that third party has a real interest in the issue of personal data of Customer or any user of a Service, Greenhost is also entitled to this data to make these third available. Greenhost in this situation will create a balance of interests and if feasible Customer prior notice of its intention. State the procedure to be worked out in the Notice-Takedown Policy Greenhost and transparent for each customer.
Article 6. Experimental Software
6.1. Greenhost may make available certain software as an experiment as a service. The Customer is free here or not to use.
6.2. If Customer chooses to use this software, Customer understands and agrees that, that the software is experimental and without any warranty or claim to function properly or be available is offered.
6.3. Greenhost may at any time and without further modification to extend the experimental software, modify or discontinue the supply thereof. For this, no liability is accepted regardless of how long the software is available and if Customer has announced that he will continue to use the experimental software.
6.4. On request, experimental software included as part of a Service. In that case no longer applies the provisions of this Article. Greenhost will in that case before a quote for the cost of this issue, which Customer must approve to the experimental software part of a Service.
Article 7. Domain names, IP addresses and SSL certificates
7.1. Application, allocation and possible use of a domain name, IP address and / or SSL certificate depend on and are subject to the rules and procedures of the registering authorities, such as the Foundation for Internet Domain Registration in the Netherlands or the issuing certification authority. The relevant authority decides on the allocation. Greenhost performs the application only an intermediary role and does not guarantee that a request will be honored.
7.2. Greenhost is entitled to charge for the mediation service and the service of the commissioning of the domain name, IP address and SSL certificate administration. These are notified in advance.
7.3. Only the confirmation of Greenhost, stating that a domain name, IP address and / or SSL certificate has been issued, or its commissioning on behalf of a Service, is proof of grant. A bill of Greenhost application or mediation is not a confirmation of registration.
7.4. Greenhost will ensure that domain names assigned by Customer through Greenhost, IP addresses and / or SSL certificates for services usable and available in accordance with Article 4. Customer indemnifies and holds Greenhost harmless for all damages related to (the use of) domain name, IP address and / or SSL certificate by or on behalf of Customer.
7.5. Greenhost is not liable for the losses caused by Customer of his right (s) on a domain, IP address and / or SSL certificate, or the fact that a domain name or IP address is acquired by a third party and / or obtained, subject in case of intent or deliberate recklessness of Greenhost.
7.6. Unless otherwise agreed, only deployed an IP address for the duration of the agreement on behalf of Customer. IP addresses can be shared with other clients of Greenhost, unless the nature of the service does not allow or desirable. Customer may not claim an IP address or take unless expressly agreed in writing. Furthermore Greenhost entitled to change IP addresses as necessary for a good supply of the Service (s).
Article 8. Intellectual property rights
8.1. All intellectual property rights at all in the context of a service made available to work (such as software, scripts, texts or images) are held exclusively by Greenhost or its suppliers. Customer acquires only the user rights and responsibilities arising from the scope of the agreement or granted in writing and the Customer will work not reproduce or publish.
8.2. If any intellectual property right is transferred to a work of Greenhost to Customer, Greenhost retains an unlimited and perpetual license to use the work and its components in its business operations and deliver to others. This does not affect the duty of Greenhost to confidential customer information confidential.
8.3. All rights of use of works made available expire upon termination or rescission of the contract.
Article 9. Prices and payment
9.1. Customer shall pay annually in advance the amount of Greenhost. Variable amounts must be met monthly in arrears Greenhost. Greenhost will send a bill for the amount owed by the Customer to Customer. Greenhost sends electronic invoices unless otherwise agreed.
9.2. If Customer believes that (part of) an invoice is incorrect, he must report this within the payment to Host Green. The payment of the disputed (but not otherwise) shall be suspended until Greenhost investigated the report. If Greenhost after study concludes that the complaint was unjustified, Customer shall within seven days to pay the disputed yet.
9.3. The invoice of Greenhost is 14 days after the invoice date. In a late payment, Customer, in addition to the amount due and the interest due thereon, held to a full compensation of both judicial and extrajudicial collection costs, including costs for lawyers, bailiffs and debt collection agencies.
5.5. 9.4. Greenhost is entitled to adjust the rates charged once per calendar year. Greenhost will Client of this at least 2 (two) months inform in advance. Customer with a price the right to terminate the contract at the time it enters into force.
Article 10. Confidentiality
10.1. Parties will information they before, during or after the execution of the agreement provide to each other as confidential if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended as confidential. Parties also impose this obligation on their employees and third parties engaged by them to implement the agreement.
10.2. Greenhost will not take cognizance of data recorded by Customer and / or distributed through the systems managed by Greenhost, unless the Customer’s consent, access has been necessary for the proper performance of the contract or Greenhost is required to do so under a statutory provision or authorized order by the authorities. In that case Greenhost will endeavor cognizance of the data to minimize, to the extent within its power and, if possible, inform the customer of this application up to date.
10.3. Greenhost reserves the right at all times increased by the implementation of the agreement to use knowledge for other clients, provided that no information of the Customer in breach of obligations of confidentiality is made available to third parties.
10.4. The obligations of this article which remain after the termination of the Agreement for any reason, and so much for so long as the providing party can reasonably claim to the confidentiality of the information.
Article 11. Liability
11.1. Greenhost is only liable to Customer in the event of a culpable breach of the agreement and only for compensatory damages, ie compensation for the value of the omitted performance.
11.2. Any liability of Greenhost is excluded for any other form of damage, including among other things, additional compensation in any form whatsoever, compensation for indirect or consequential damages, loss of revenues or profits, damages for loss of data and damage for exceeding terms due to changed circumstances.
11.3. The maximum amount that can be paid in case of liability under paragraph 1 which is billed for the six months preceding the month in which the damage occurred. This maximum amount will lapse if and insofar as the damage is caused by intent or gross negligence of Greenhost.
11.4. The liability of Greenhost due to culpable breach of contract arises only if Customer Greenhost immediately and properly be in default, stating a reasonable period to remedy the deficiency, and Greenhost after that period attributable to fulfill its obligations deficit continues to shoot. The notice must contain a detailed description of the failure, so Greenhost is able to respond adequately.
11.5. In case of force majeure, ie every event which fulfillment of the agreement can not reasonably be demanded of Greenhost, the implementation of the agreement will be suspended or terminate the agreement if the force majeure situation has lasted longer than sixty days, all without any liability for damages.
Article 12. Term and Termination
12.1. This agreement is valid for a minimum period of one year, unless otherwise agreed in writing. The agreement can only be terminated prematurely as provided in these Terms and Conditions, or by mutual consent.
12.2. The agreement is in the absence of a written notice in good time for a thirty day notice period is automatically renewed for a period of one year.
12.3. If Customer is a consumer, in derogation of the previous paragraph, the contract after the minimum term into a contract of indefinite duration. Customer can always cancel the contract with a notice period of one month. Notice thereof can through the same channel through which Customer has notified the acceptance, as well as in writing or via the control panel or administrative account (if any).
12.4. Upon cancellation referred to in the previous paragraph Greenhost will refund any paid but become unduly by termination amounts forward.
Article 13. Amendments to Agreement
13.1. After acceptance, the contract may only be amended by mutual consent.
13.2. Greenhost is once per calendar entitled these terms to unilaterally modify or expand. They must do so at least thirty days before the modifications or extensions effect will be to give notice to the Customer.
13.3. If the Customer within this period objector Greenhost will consider whether the objectionable changes or expansions wish to withdraw or not. It will make its decision notice to Customer. If Greenhost objectionable modifications or extensions not to revoke, the Customer has the right to terminate the agreement as of the date that this impact will be.
13.4. Greenhost may make changes at any time in these conditions if they are necessary because of revised legislation. Against such changes, Customer may not object.
Article 14. Final Provisions
14.1. This agreement is governed by Dutch law. Insofar as the mandatory law does not otherwise, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court for the district in which Greenhost is located.
14.2. If any provision is found to be void under this contract, this will not affect the validity of the entire agreement. The parties shall in that case, replace (a) new provision (s), which as far as legally possible to the intent of the original agreement and these terms and conditions will be reflected.
14.3. “In writing” in these conditions also email and fax communication, provided the identity of the sender and the integrity of the contents sufficiently established. The parties will endeavor to confirm receipt and content of communication by e-mail.
14.4. Received by Greenhost or saved version of any communication shall be deemed authentic, subject to proof to the contrary by the Client.
14.5. Each party is only entitled to assign its rights and obligations under the contract to a third party without the written consent of the other party. However: Greenhost always be entitled to assign its rights and obligations under the contract to a parent, subsidiary or affiliated company.