General terms and conditions
September 1, 2020
All capitalized terms in the General Conditions have the meaning as stated in this article, regardless of whether the terms are written in singular or plural.
1.1. Surver or Surver.nl: the partnership trading under the name "Surver" with registered offices in Amsterdam.
1.2. Client, customer, purchaser: the natural or legal person with whom the agreement for the delivery of products and services of Surver is entered into.
1.3. Products and services of Surver: the products and services to be exploited by Surver whereby information made available by the client can be consulted electronically and whereby electronic messages can be exchanged between users; this includes the production, installation and renting of websites, the renting 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 the delivery of one or more products or services of Surver. Orders placed electronically are explicitly included.
1.5. Site, the website: https://surver.nl/
2.1. Insofar as the parties have not deviated from this in writing, the articles below apply to every offer, order or agreement from or with Surver.
2.2. General terms and conditions of the client or third parties are not binding for Surver and are not applicable.
2.3. This version of the General Terms and Conditions replaces 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 relationship between the parties insofar as this is necessary for the fulfilment of that agreement.
2.5. Surver is entitled to amend these general terms and conditions unilaterally. Amendments also apply to agreements already entered into. Amendments will take effect two weeks after they have been announced or further specified by means of a written notice or an announcement on the web pages or newsletter of Surver. If the customer does not wish to accept the amendments to the general terms and conditions, he has the right, until the time at which the amendments come into effect, to terminate the agreement in writing as of the date on which the amended terms and conditions come into effect. After the effective date, the customer is deemed to have tacitly accepted the amendments.
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 an offer. Unless otherwise indicated in the offer, offers are valid for a maximum of 14 days, counting from the date mentioned in the offer. The offer is at all times based on the information provided by the customer.
3.3. If the use of or the application for a certain domain name or a certain domain name extension is subject to conditions set by the body issuing the domain name or extension in question, the customer must meet these conditions, in default of which Surver has the right to cancel the allocated domain name registration of the customer, or to suspend the registration procedure.
3.4. A consumer has the right to cancel a service of Surver without giving any reason within a period of at least seven working days, starting on the day of the conclusion of the agreement regarding that service. Not in case of renewal of contracts. Domain name registrations are also excluded from this. 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, filled in 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 Surver products and/or services is entered into for the duration of 12 months, the duration is also indicated on the invoice. At the end of a term, the agreement is tacitly renewed for the same period, unless the customer or Surver terminates the agreement in time as described in article 5(2).
5.2. Notice of termination of the agreement for a subsequent period by the client must be given at least one (1) calendar month before the end of the already current period. A current term cannot be cancelled. Notice of termination by the customer must be given in writing by post or fax, the date of the postmark serving as the date of termination. Cancellations by e-mail cannot be processed. The notice of termination is always signed by the customer.
5.3. Upon termination of the Agreement for any reason, Surver shall not be obligated to return any prepaid amounts unless the Agreement is terminated by Customer pursuant to Section 3(4).
5.4. Surver has the right to terminate the agreement at any time in writing or by e-mail, taking into account a notice period of at least one (1) calendar month.
5.5. A domain transfer by the customer to another provider is not a 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 contract continues. The confirmation will be sent to the e-mail address of the administrative contact as known to our customer administration.
5.7. Surver has the right to terminate the agreement with immediate effect if the client does not, not properly or not fully fulfil one or more of his obligations towards Surver, or acts contrary to these obligations.
5.8. Surver reserves the right to stop maintaining domains after exceeding the term of payment with six months.
5.9. Surver shall have the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client is declared bankrupt, has applied for or has been granted suspension of payment, or has otherwise lost free control over his assets. The latter party shall then have no right to any compensation.
5.10. Surver has the right to terminate the agreement with immediate effect and without judicial intervention if:
1. the client makes improper use of the services provided by Surver; 2. pornographic images are distributed;
3. Dutch law is violated;
4. international law is breached.
6. Downgrade product
Products can be converted by the client to other products, when it comes to a conversion to a cheaper product we speak of a downgrade. The lower rate then applies for the next billing period. A downgrade of a contract by the customer has to take place at least one (1) calendar month before the end of the agreed period for the current contract. A downgrade by the Customer must be done in writing by mail or by fax. Downgrades by e-mail cannot be processed.
7. Obligations of Surver
7.1. Surver will make every effort as a good service provider to ensure: the provision of the Surver service(s) specified in the agreement; the establishment and maintenance of connections that can be made to the Internet through the system; the security of data stored.
7.2. 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 examining the personal e-mail and/or files of customers and shall not make them available to third parties, unless Surver is obliged to do so by law or by a court ruling, or in the event the customer acts, or is suspected to act, in contravention of articles 8.1 to 8.2 of these general terms and conditions.
7.4. Surver is cautious when sending e-mail to customers. Surver does not give permission to third parties to use its e-mail database and does not send offers to customers at the request of third parties. Customers do receive the (free) Surver newsletter, which contains service announcements and news about Surver's services and products. If you do not wish to receive this newsletter (any more), you can send a request by e-mail.
8. Management of the system
8.1. Surver is entitled without prior notice to (temporarily) put the system out of operation or to limit its use insofar as this is required for maintenance or for the necessary adjustments or improvements to the system to be carried out by Surver, without
this gives rise to a right to compensation from the customer to Surver.
8.2. Surver is at all times entitled to make changes to the log-in procedure, to the account and to the e-mail addresses, without this giving rise to a right to compensation from the customer to Surver. In such a case, Surver will inform the customer as soon as possible about the changes.
9. Obligations of the customer
9.1. The customer will act and behave in accordance with what may be expected from a responsible and careful internet user. The customer will inform Surver as soon as possible in writing of any changes in relevant data. The customer is responsible for having the most recent customer information, or contact information, in the records of Surver.
9.2. The customer will refrain from hindering other customers or internet users and from causing damage to the system. The customer is prohibited from starting processes or programs -whether or not through the system- of which the customer knows or can reasonably suspect that they will hamper or harm Surver, other customers or internet users. This explicitly includes indirect damage as a result of misconfiguration on the customer's side, e.g. but not limited to 'open relaying' caused by an incorrectly configured mail server. The customer is only allowed to start processes or programs if there is a direct connection to the system, allowed by Surver.
9.3. The use of webcams or similar software, which keep uploading images at a very small interval, is not allowed. However, such software may be used at intervals of at least five (5) minutes.
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9.4. Loading the server's processors higher than 30%, for a period longer than 20 seconds, is not allowed. Please contact Surver to discuss options if you have software that exceeds these values.
9.5. The interval at which e-mail is read must be at least five minutes.
9.6. The customer is not allowed to use the system and the writing space for actions and/or conduct that violates the applicable legal provisions, netiquette, the agreement or these general conditions. This includes, but is not limited to, the following actions and conduct: 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 which is sent through any other provider with reference to a website, e-mail address or other service provided by Surver; infringing on copyrighted works or otherwise acting in breach of the intellectual property rights of third parties; publishing or distributing child pornography; sexual intimidation 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, unless Surver has given its explicit written permission to do so. Without prejudice to the above, the client is allowed to have a website designed, placed and maintained by a third party. The client remains responsible for the use of his/her account and password.
9.8. The customer will 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 not exceeding this amount. When this amount is largely exceeded, Surver has the right to remove information in order to ensure the proper functioning of the Surver services.
9.10. The customer hereby grants Surver permission to include his or her personal data in the Surver register of persons which is required for its administration and management tasks. This personal registration contains both account and traffic data and can only be accessed by Surver and will not be provided to third parties, unless Surver is obligated to do so by law or a court ruling.
10. Delivery and delivery time
10.1. Delivery of the hosting account and domain name will take place as soon as possible after written order and supply of data and documents and/or promotional material required by Surver, or at a later time to be agreed.
10.2. If it is imminent that the agreed delivery time will be exceeded, 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 duration of that force majeure. Excessive exceeding of the delivery time may be considered as a ground for termination of the agreement.
10.3. When requesting and registering a domain, you should take into account a lead time of several weeks.
11. Force majeure
11.1. Force majeure with regard to the agreement is understood to be all that is understood in the law and jurisprudence. More specifically, all external causes which could not reasonably be foreseen and as a result of which Surver is unable to fulfil its obligations towards the client. This includes, but is not limited to, failures in the connection with the Internet, failures in the telecommunications infrastructure, and failures in networks.
11.2. Surver shall not be held to fulfil its obligations under the agreement if fulfilment has become impossible due to force majeure. The agreement will then be dissolved.
12. Data traffic/e-mail traffic
12.1. The data traffic/email traffic is determined by us by 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 described per package in gigabytes per month. If a website shows exceptional use, it will be removed or a surcharge will be applied for the extreme use. 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 the data/email traffic, all in consultation with Surver. If the owner of the website in question does not wish to agree with this, he will be given the opportunity to move the website in question elsewhere, and remove it from Surver's servers, until 12:00 pm 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 this website from its servers without any further notice. Under no circumstances can any claims be made for compensation in any form whatsoever.
13. Disk space
13.1. The disk space is determined by us by 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 the Customer. When the allocated disk space is exceeded, the customer is automatically informed by means of an e-mail. This email is sent daily as long as the limit is exceeded. When the exceedance, in our opinion, lasts too long, we will notify the customer in writing, and the customer will be given the choice to purchase more disk space or to reduce his/her usage. If after seven days we have not received a response from the customer to our letter, we reserve the right to upgrade the package to the required volume so that there is no longer a question of exceeding the disk space limit. 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 from its servers without further notice. No claim can ever be made for compensation in any form whatsoever.
15. Terms of payment
15.1. The payment obligation of the client commences on the day the agreement is concluded. The payment applies to the period starting on the day of the actual availability of products and services of Surver.
15.2. The fee payable in respect of the Agreement is exclusive of VAT and any other levies arising from statutory regulations. The Client shall also be liable for the fees arising from these conditions or regulations.
15.3. Depending on the term for which the agreement is entered into, the costs owed will be charged in advance, and must usually be paid quarterly in advance, by direct debit or invoice, failing which Surver retains the right to (temporarily) halt the performance on its part.
15.4. Surver will send the client an invoice for the costs related to the agreement per payment period.
15.5. The customer may authorize Surver to debit the fees owed by the customer to his Dutch bank or giro account by automatic collection. If the direct debit is not successful, this will be communicated to the customer and a further term of payment will be set.
15.6. If the client has not paid on time, this will be communicated to the client and at least one further term of payment will be set. If the payment is not made within this term, Surver will send a notice of default and the client will be in default. The notice of default also mentions the rates for extrajudicial collection. No sooner than two weeks after the notice of default, the extrajudicial collection procedure will be started. The following rates apply to extrajudicial collection:
Table of collection costs:
Principal amount percentage maximum compensation collection costs For 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%
Over the excess 0.5% Maximum € 6,775
15.7. If the client is of the opinion that the charged costs are incorrect, the client can make the objection known to the Surver within two weeks after the date on the invoice. After receiving the objection, the Surver will investigate whether the invoice amount is correct.
15.8. If the amounts owed cannot be collected or are not received due to the actions of the client, Surver will charge a default interest equal to the statutory interest, which will be payable from the moment the client is in default until the moment of collection. In addition, all reasonable costs incurred in obtaining payment in and out of court will be at the expense and risk of the client.
15.9. If a higher amount is collected by mistake, Surver must immediately return the excess amount collected to the client upon the latter's first request. This is increased by statutory interest from the date of collection until the date on which the amount concerned is returned.
16.1. In its activities, Surver is dependent on the cooperation, services and deliveries by third parties, over which Surver has little or no influence. Therefore, Surver cannot be held liable in any way for any damage whatsoever, resulting from the relationship with Surver or the termination thereof, regardless of whether the damage occurs or becomes evident during the relationship with Surver.
16.2. In the event of an attributable shortcoming in the fulfilment of the agreement, Surver shall only be liable for replacement compensation, i.e. compensation of the value of the performance that was not carried out. Any liability on the part of Surver for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation of indirect damage or consequential damage or damage due to lost turnover or profit.
16.3. The customer indemnifies Surver against all claims for compensation that third parties might have for damages caused in any way by the illegal or careless use of Surver's products and services provided to the customer.
16.4. Considering the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, one should take into account that the information obtained or sent through the Internet is freely accessible. Surver cannot be held liable for any damage in whatever form, caused by the sending of confidential or secret information. Surver is not liable for security or abuse by third parties of the data stored.
16.5. Surver is not responsible or liable for the content of promotional material provided by the client.
16.6. The client is liable for any damage Surver may suffer as a result of a shortcoming attributable to the client in the fulfilment of the obligations arising from the agreement and these terms and conditions.
16.7. Changes in the data of the client must be immediately communicated in writing to Surver. If the client fails to do so, he/she will be liable for any damages suffered by Surver as a result thereof.
17. Transfer of rights and obligations
17.1. 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. When domain names are registered by Surver in the name of the client, cooperation will be given to orders of the client regarding the transfer, cancellation or relocation of these domain names. In the event of any dispute, whether in or out of court, the client using such a domain name will be offered the opportunity to take over the domain name in his own name. If the client does not comply within 24 hours, the registration of the domain name will be cancelled by us. No claim can ever be made for compensation in any form whatsoever.
18.1. Surver has the right to put delivered products and services (temporarily) out of use and/or restrict/ cancel their use, if the Client does not comply with an obligation towards Surver in connection with the agreement or other agreements with Surver, or acts contrary to these general terms and conditions. Surver will inform the client in advance, unless this cannot reasonably be required of Surver. The obligation to pay the amounts owed will also remain in force during the shutdown.
18.2. The client will be reinstated if he fulfils his obligations within a period of time determined by Surver and pays an amount of €50 excluding VAT for reinstatement.
19. Modification of the conditions
19.1. Surver reserves the right to change or supplement these terms and conditions.
19.2. Surver is entitled to amend these general terms and conditions unilaterally. Amendments also apply to agreements already entered into. Changes will take effect two weeks after they have been announced or further specified by means of a written notification or a notification on the web pages or newsletter of Surver. If the customer does not wish to accept the amendments to the general terms and conditions, he has the right, until the time at which the amendments come into effect, to terminate the agreement in writing as of the date on which the amended terms and conditions come into effect. After the effective date, the customer is deemed to have tacitly accepted the amendments.
19.3. Changes are published on the site or sent by e-mail or in our electronic newsletter.
20. Dispute resolution and applicable law
20.1. If by judicial decision one or more articles of these terms and conditions are declared invalid, the other provisions of these general terms and conditions will remain in full force and Surver and the client will consult in order to agree on new provisions to replace the invalid provisions, taking into account as much as possible the purpose and tenor of the invalid provisions.
20.2. The agreement is exclusively governed by Dutch law.
20.3. In the event of a dispute between the client and Surver, the client must first contact Surver, by mail fax or any other form of communication, to set out his/her complaint. Surver will deal with the complaint within 30 days. If no solution is found within this period, the client will be informed thereof, with an indication of the length of the delay.