1 April 2023
General terms and conditions
1. Definitions
All capitalised terms in the General Terms and Conditions shall have the meaning set out in this article, regardless of whether the terms are written in singular or plural.
1.1. Surver or Surver.nl: the general partnership trading under the name "Surver" with its registered office in Amsterdam.
1.2. Client, client, customer, customer: the natural or legal person with whom the agreement to supply Surver's products and services is concluded.
1.3. Surver's products and services: the products and services to be operated by Surver whereby information to be made available by the client can be consulted electronically and by which electronic messages can be exchanged between users; this includes, inter alia, the production, placement and rental of websites, the rental and registration of a domain, the promotion of a website and all other additional and supporting products and services.
1.4. Agreement: any mutual acceptance, confirmed digitally, in writing or by e-mail, of delivery of one or more products or services from Surver. Electronically placed orders expressly included hereunder.
1.5. Site, the website: https://surver.nl/
2. Applicability
2.1. To the extent not deviated from in writing by mutual agreement between the parties, the articles below shall apply to any offer, assignment or agreement by or with Surver.
2.2. General terms and conditions of client or third parties are not binding for Surver and do not apply.
2.3. This version of the General Terms and Conditions supersedes earlier versions of the General Terms and Conditions.
2.4. In all cases where an agreement with the customer ends, these general terms and conditions shall continue to govern the relations between the parties to the extent necessary for the settlement of that agreement.
2.5. Surver is entitled to amend these general terms and conditions unilaterally. Amendments shall also apply in respect of agreements already concluded. Amendments shall enter into force two weeks after announcement or further specified date by means of a written announcement or an announcement on the web pages or newsletter of Surver. If the Customer does not wish to accept amendments to the General Terms and Conditions, it has the right to terminate the contract in writing as of the date on which the amended terms and conditions take effect until the amendments take effect. After the time of entry into force, the customer is deemed to have accepted the amendments - tacitly.
3. Offer and acceptance
3.1. All offers and quotations made by or on behalf of Surver are without obligation, exclusive of VAT and per annum. Unless otherwise indicated.
3.2. Surver has the right to revoke issued quotations. Unless otherwise indicated in the quotation, quotations have a validity period of up to 14 days from the date as stated in the quotation. The quotation is at all times based on the data provided by the customer.
3.3. If the use or application of a certain domain name or a certain domain name extension is subject to conditions imposed by the authority issuing the domain name or extension in question, the Customer must comply with these conditions, failing which Surver shall be entitled to cancel the Customer's allocated domain name registration or to suspend the registration procedure.
3.4. A consumer has the right to renounce a service of Surver without giving reasons within a period of at least seven working days, starting from the day of the conclusion of the contract relating to that service. This does not apply to contract renewals. Domain name registrations are also excluded. Amounts already paid in advance will be returned within 30 days.
4. Commencement of the agreement
An agreement is concluded on the day the following conditions are met: the offer or contract form and/or order form, completed by the client, has been received and accepted by Surver.
5. Duration and termination
5.1. Unless the agreement states otherwise, an agreement for all products and/or services of Surver is entered into for the duration of 12 months, the duration is also indicated on the invoice. After expiry of a term, tacit renewal for the same period takes place, subject to timely cancellation by the customer or Surver as described in article 5(2).
5.2. Cancellation of the agreement for a subsequent period by the client must take place at least one (1) calendar month before the end of the term already in progress. A current term cannot be cancelled. Notice of termination by the customer must be given in writing by post or by fax, whereby the date of the postmark applies as the date of termination. Terminations by e-mail cannot be processed. The cancellation is always signed by the customer.
5.3. Upon termination of the Agreement, for whatever reason, Surver shall not be obliged to return the amounts paid in advance, unless the Agreement is terminated by Customer pursuant to clause 3(4).
5.4. Surver has the right to terminate the agreement at any time in writing or by e-mail, subject to a notice period of at least one (1) calendar month.
5.5. Transfer of a domain by the customer to another provider does not constitute termination of the agreement.
5.6. Upon receipt of the cancellation, Surver will send a confirmation of cancellation, without this confirmation there is no proof of cancellation and the agreement continues. The confirmation is sent to the e-mail address of the administrative contact as known our customer administration.
5.7. Surver shall have the right to terminate the agreement with immediate effect if the client fails to fulfil or contravenes one or more of its obligations towards Surver properly or completely.
5.8. Surver reserves the right to stop maintaining domains after exceeding the payment term by six months.
5.9. Surver shall have the right to terminate the agreement with immediate effect without notice of default or judicial intervention if Client has been declared bankrupt, has applied for or obtained a moratorium or has otherwise lost free control of its assets. The latter party shall then not be entitled to any damages.
5.10. Surver has the right to terminate the agreement with immediate effect and without judicial intervention if:
1. client improperly uses services provided by Surver; 2. pornographic images are distributed;
3. Dutch law is violated;
4. international law is violated.
6. Downgrade product
Products can be converted to other products by the client, when it comes to a conversion to a cheaper product we speak of a downgrade. The lower rate then applies to the next invoice period. A downgrade of a contract by the Customer must take place at least one (1) calendar month before the end of the agreed term for the current contract. A downgrade by the Customer must be made in writing by post or by fax. Downgrades by e-mail cannot be processed.
7. Obligations of Surver
7.1. Surver shall make every effort as a good service provider to ensure: the provision of the Surver service(s) stipulated in the agreement; the establishment and maintenance of the connections that can be made to the Internet via the system; the security of data stored.
7.2. However, Surver cannot guarantee unhindered access to the system and the Internet, nor that the Surver Services can be used at all times.
7.3. Surver shall refrain from viewing customers' personal e-mail and/or files and shall not make them available to third parties, unless Surver is obliged to do so under the law or a court order, or in the event that the customer acts, or is suspected of acting, in breach of Articles 8.1 to 8.2 of these General Terms and Conditions.
7.4. Surver is cautious about sending e-mail to customers. Surver does not grant third parties permission to use its mail file and does not itself send offers to customers at the request of third parties. Customers do receive the (free) Surver newsletter, with service announcements and news about Surver's services and products. If you do not (or no longer) wish to receive this newsletter, you can send a request by e-mail.
8. Management of the system
8.1. Surver is entitled without prior notice to (temporarily) take the system out of operation or restrict its use to the extent necessary for reasonably necessary maintenance or for necessary adjustments or improvements to the system to be made by Surver, without
this creates a right to compensation from the customer to Surver.
8.2. Surver is entitled at any time to make changes in the log-in procedure, in the account and in the e- mail addresses, without this giving rise to a right to compensation of the customer towards Surver. In such a case Surver will inform the customer of the changes as soon as possible.
9. Customer obligations
9.1. The Customer shall act and behave in accordance with what may be expected of a responsible and careful Internet user. The customer shall inform Surver as soon as possible in writing of any changes in relevant data. The customer is responsible for having the most recent customer data, or contact data, in Surver's administration.
9.2. The customer shall refrain from hindering other customers or internet users and causing damage to the system. The customer is prohibited from starting up processes or programmes -whether or not via the system- of which the customer knows or can reasonably suspect that this hinders or damages Surver, other customers or internet users. This expressly includes indirect damage caused by misconfiguration on the part of the customer, e.g. but not limited to open relaying through an incorrectly configured mail server. The customer is only permitted to start up processes or programs if there is a direct connection to the system authorised by Surver.
9.3. The use of webcams or similar software, which keeps uploading images at a very small interval, is not permitted. However, at an interval of at least five (5) minutes, such software may be used.
9.4. Loading the server's processors higher than 30% for a period longer than 20 seconds is not allowed. To discuss options, contact Surver if you have software that exceeds these values.
9.5. The email reading interval should be at least five minutes.
9.6. The customer is not allowed to use the system and the writing space for actions and/or behaviour that violate applicable legal provisions, netiquette, the agreement or these general terms and conditions. This includes, but is not limited to, the following acts and behaviour: spamming: the unsolicited sending of large quantities of e-mail with the same content and/or the unsolicited posting of a message with the same content in large numbers of newsgroups on the internet. This also includes spam sent via any other provider with reference to a website, e-mail address or other service at Surver; infringing copyrighted works or otherwise violating the intellectual property rights of third parties; disclosing or distributing child pornography; sexual harassment or otherwise harassing persons; hacking: penetrating other computers or computer systems on the internet without permission.
9.7. The customer is not allowed to transfer his or her account, the manual or other rights arising from the agreement to third parties or to give them the use of the website to third parties, unless Surver has given its express written consent. Without prejudice to the above, the customer is permitted to have a third party design, install and maintain a website. However, the customer remains responsible for the use of his or her account and password.
9.8. The customer shall provide the necessary hardware and software, configuration, peripherals and connections to enable access to the system.
9.9. The customer is bound by the amount of writing space described in the agreement. The customer is responsible for ensuring that this amount is not exceeded. If this amount is greatly exceeded, Surver is authorised to delete information for the benefit of the proper functioning of the Surver services.
9.10. The customer hereby grants Surver permission to include his or her personal data in Surver's registration of persons required for its administration and management tasks. This personal data registration contains both account and traffic data and can only be accessed by Surver and will not be disclosed to third parties, unless Surver is obliged to do so by law or court order.
10. Delivery and delivery time
10.1. Delivery of the hosting account and domain name shall take place as soon as possible after written order and delivery of data and documents and/or promotional material required by Surver, or at a later time to be agreed.
10.2. If exceeding the agreed delivery time is imminent, this will be communicated as soon as possible. In the event of force majeure on the part of Surver, the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time may be considered grounds for dissolution of the agreement.
10.3. When applying for and registering a domain, a lead time of several weeks should be taken into account.
11. Force majeure
11.1. Force majeure with regard to the agreement shall be understood to mean all that is understood in law and jurisprudence in this respect. More specifically, all external causes which were not reasonably foreseeable and as a result of which Surver is unable to fulfil its obligations towards the customer. This includes, but is not limited to, disturbances in the connection with the internet, disturbances in the telecommunication infrastructure, disturbances in networks.
11.2. Surver is not bound by its obligations under the agreement if fulfilment has become impossible due to force majeure. The agreement will then be dissolved.
12. Data/email traffic
12.1. Data traffic/email traffic is determined by us using the method used in the software packages used by Surver as described on our website (e.g. Cpanel software).
12.2. The data/e-mail traffic is defined per package in gigabytes per month. If a website shows exceptional usage, it will be removed or surcharged for the extreme usage. We will notify the client when the limit is exceeded and give the client the opportunity to pay a surcharge for this extra use of data/email traffic, in consultation with Surver. If the owner of the website in question does not wish to agree to this, he will be given the opportunity to move the website in question elsewhere and to remove it from Surver's servers until 12.00 noon at the latest after the written notification. If the client does not comply, the standard rates for data traffic will be applied in full. Surver also reserves the right to remove the website in question from its servers without further notice. No claims for damages of any kind can ever be made.
13. Disk space
13.1. Disk space is determined by us using the method used in the software packages used by Surver as described on our website (e.g. Cpanel software).
13.2. Our hosting products have clearly defined limits regarding the amount of disk space available to client. When the allocated disk space is exceeded, the client is automatically notified by means of an e-mail. This e-mail is sent daily for as long as the excess lasts. If, in our opinion, the overrun continues for too long, we will inform the client in writing and he/she will be given the choice to either buy more disk space or reduce his/her usage. If after seven days we have not received a reply to our letter from the client, we reserve the right to upgrade the package to the required volume so that the disk space limit is no longer exceeded. If at any time after our letter the disk space limit is again exceeded, we reserve the right to upgrade the package again. Surver also reserves the right to remove the website in question from its servers without further notice. No claims for damages of any kind can ever be made.
14. Prices
14.1. All prices mentioned on the site, as well as agreed prices are exclusive of VAT, unless otherwise stated.
14.2. Surver is entitled to change its tariffs. Changes shall also apply in respect of agreements already concluded. Changes shall take effect two weeks after announcement or specified date by means of a written notice or an announcement on Surver's web pages or newsletter. If the customer does not wish to accept changes to the price, it has the right to terminate the contract in writing as of the date on which the changed terms and conditions come into effect until the changes come into effect. After the time of entry into force, the customer is deemed to have accepted the changes - tacitly.
14.3. Indexation: Surver reserves the right, without prior notice, to increase all prices annually by a percentage. This percentage shall be a maximum of 5 percent plus a percentage equal to the increase in the consumer price index, as established by the CBS, for the year preceding that of the price increase. It should be expressly stated that price increases as a result of the indexation applied by us do not constitute grounds for interim termination. The indexation is an integral part of the agreed price.
15. Terms of payment
15.1. The client's payment obligation commences on the day the agreement is concluded. The payment refers to the period starting on the day of the actual provision of products and services of Surver.
15.2. The fee payable in connection with the agreement is exclusive of VAT and any other levies arising from statutory regulations. Client shall also owe the fees resulting from these terms and conditions or regulations.
15.3 Fees due shall be charged in advance, depending on the term for which the agreement was entered into, and shall generally be paid quarterly in advance, by direct debit or invoice, failing which Surver reserves the right to (temporarily) halt the performance on its part.
15.4. Surver shall send the client an invoice for the costs related to the agreement per payment period.
15.5. Customer may authorise Surver to debit the fees owed by Customer from its Dutch bank or giro account by direct debit. If the direct debit is unsuccessful, Customer shall be notified thereof and a further term of payment shall be set.
15.6. If Client has not paid on time, this will be communicated to Client and at least one further term of payment will be set. If payment is not made within that period, Surver shall send a notice of default and the client shall be in default. The notice of default shall also specify the rates for extrajudicial collection. No sooner than two weeks after the notice of default, the extrajudicial collection procedure is started. The following rates apply for out-of-court collection:
Table of collection costs:
Principal amount percentage maximum compensation collection costs Over the first € 2,500.00 15% Minimum € 40.00
Over the next €2,500 10%
Over the next €5,000 5%
Over the next €190,000 1%
On the excess 0.5% Maximum €6,775
15.7. If the client is of the opinion that the charged costs are incorrect, the client may raise the objection to the Surver within two weeks from the date on the invoice. Upon receipt of the objection, the Surver shall investigate the correctness of the invoice amount.
15.8. If amounts due cannot be collected or are not received due to the fault of Client, Surver shall charge interest on arrears equal to the statutory interest, which shall be payable from the time Client is in default until the time of collection. Furthermore, all reasonable costs incurred to obtain satisfaction in and out of court shall be at the expense and risk of Client.
15.9. If a higher amount is collected erroneously, Surver shall return the excess amount collected to the Client immediately upon the Client's first request. All this plus statutory interest from the day of collection until the day on which the said amount is returned.
16. Liability
16.1. Surver is dependent in its activities on the cooperation, services and supplies of third parties, over which Surver has little or no influence. Surver can therefore in no way be held liable for any damage whatsoever arising from the relationship with Surver or the termination thereof regardless of whether the damage arises or becomes apparent during the relationship with Surver.
16.2. In case of an attributable failure in the performance of the agreement, Surver shall only be liable for replacement damages, i.e. compensation of the value of the omitted performance. Any liability of Surver, for example, for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage or damage due to lost turnover or profit.
16.3. Client shall indemnify Surver against all claims for damages that third parties may assert in respect of damage arising in any way from the unlawful or careless use of Surver's products and services supplied to Client.
16.4. Given the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, it should be borne in mind that the information obtained or sent via the Internet is freely accessible. Surver cannot be held liable for damage in any form caused by the transmission of confidential or secret information. Surver is not liable for security or misuse by third parties of the data stored.
16.5. Surver is not responsible or liable for the content of promotional material supplied by the client.
16.6. Client shall be liable for any damage that Surver may suffer as a result of a shortcoming attributable to Client in the performance of the obligations arising from the agreement and these terms and conditions.
16.7. Changes in the client's data must be communicated by the client to Surver immediately in writing. If the client fails to do so, the client shall be liable for any damage suffered by Surver as a result.
17. Transfer of rights and obligations
17.1. The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
17.2. Where domain names are registered by Surver in Surver's name for the client, cooperation shall be given to client's instructions regarding the transfer, assignment or termination of such domain names. In all disputes in or out of court, client using such a domain name shall be offered the opportunity to take over the domain name in its own right. If the client fails to do so within 24 hours, the registration of the domain name will be cancelled by us. No claim to compensation in any form whatsoever can ever be made.
18. Decommissioning
18.1. Surver has the right to (temporarily) take the delivered products and services out of use and/or to restrict/deny the use thereof if the client fails to comply with an obligation towards Surver under the agreement or other agreements with Surver or acts in contravention of these General Terms and Conditions. Surver shall notify the client in advance, unless this cannot reasonably be required of Surver. The obligation to pay the amounts due shall continue to exist even during the decommissioning.
18.2. Reinstatement will take place if Client has fulfilled its obligations within a period set by Surver and has paid a reinstatement fee of €50 excl. VAT set in this respect.
19. Modification of conditions
19.1. Surver reserves the right to amend or supplement these terms and conditions.
19.2. Surver is entitled to amend these general terms and conditions unilaterally. Amendments shall also apply in respect of agreements already concluded. Amendments shall enter into force two weeks after announcement or further specified date by means of a written announcement or an announcement on the web pages or newsletter of Surver. If the Customer does not wish to accept amendments to the General Terms and Conditions, it has the right to terminate the contract in writing as of the date on which the amended terms and conditions come into force until the amendments come into force. After the effective date, the customer is deemed to have accepted the amendments - tacitly
19.3. Changes will be published on the site or sent by e-mail or in our electronic newsletter.
20. Dispute settlement and applicable law
20.1. If one or more articles of these terms and conditions are declared invalid by court order, the remaining provisions of these general terms and conditions shall remain in full force and effect and Surver and Client shall consult in order to agree on new provisions to replace the invalid or annulled provisions, taking into account as much as possible the purpose and tenor of the invalid or annulled provisions.
20.2. The agreement shall be governed exclusively by Dutch law.
20.3. In the event of a dispute between customer and Surver, the customer should first contact Surver by setting out its complaint by postal fax or any other form of communication. Surver will resolve the complaint within 30 days. If no solution has been found during this period, the customer will be notified, with an indication of the delay time.
