General terms and conditions
All capitalised terms in the General Terms and Conditions 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. Customer, customer, customer: the natural or legal person with whom the agreement for the delivery of products and services of Surver is concluded.
1.3. Products and services of Surver: the products and services to be operated by Surver whereby information to be made available by Surver can be consulted electronically and with which electronic messages can be exchanged between users; this includes 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, digitally, in writing or by e-mail confirmed, of the delivery of one or more products or services of Surver. Electronically placed orders are explicitly included.
1.5. Site, the website: https://surver.nl/
2.1. Insofar as this has not been deviated from in writing by mutual agreement between the parties, the following articles apply to every offer, order or agreement of or with Surver.
2.2. General terms and conditions of 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 in which an agreement with the buyer ends, these general terms and conditions shall continue to govern the relations between the parties insofar as this is necessary for the settlement of that agreement.
2.5. Surver is entitled to unilaterally change these general terms and conditions. Amendments also apply to agreements already concluded. Changes will take effect in two weeks after publication or further specified date 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 amendments to the general terms and conditions, he has the right to terminate the agreement in writing as of the date on which the amended terms and conditions become effective. After the effective date, the customer is deemed to have tacitly accepted the changes.
3. Offer and acceptance
3.1. All quotations and prices made by or on behalf of Surver are without obligation, excluding VAT and per year. Unless otherwise indicated.
3.2. Surver has the right to revoke offers made. The offers have, unless otherwise indicated in the offer, a validity of maximum 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 for the use or application of a certain domain name or a certain domain name extension conditions are set by the entity issuing the relevant domain name or extension, the customer must comply with these conditions, failing which Surver shall be entitled to either cancel the granted domain name registration of the customer or to suspend the registration procedure.
3.4. A consumer has the right to renounce a service of Surver within a period of at least seven working days, starting on the day of the conclusion of the agreement regarding that service, without giving reasons. Not in case of prolongation of contracts. 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 that the following conditions are met: the offer- or contract form and/or order form, completed by the client, 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 expiration of a term, there will be a tacit renewal for the same period, unless the customer or Surver terminates the agreement on time as described in Article 5(2).
5.2. Termination of the agreement for a subsequent period by the client must take place at least one (1) calendar month before the end of the period already running. A current term cannot be terminated. Termination by the customer must be effected in writing by post or by fax, whereby the date of termination shall be deemed to be the date of the postmark. Cancellations 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 is not obligated to return the prepaid amounts, unless the Agreement is terminated by Customer under Article 3(4).
5.4. Surver has the right to terminate the agreement at any time in writing or by e-mail, whereby a notice period of at least one (1) calendar month must be observed.
5.5. A transfer of a domain by the customer to another provider is not a termination of the agreement.
5.6. After receipt of the cancellation Surver sends a confirmation of cancellation, without this confirmation there is no proof of cancellation and the agreement 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 fails to fulfill one or more of his obligations to Surver, fails to fulfill properly or fully, or acts in violation thereof.
5.8. Surver reserves the right to no longer maintain domains after exceeding the payment term by six months.
5.9. Surver has the right to terminate the agreement without notice of default or judicial intervention with immediate effect if the client is declared bankrupt, has applied for or obtained suspension of payments or has otherwise lost free management or his assets. The latter party is then not entitled to any compensation.
5.10. Surver has the right to terminate the agreement with immediate effect and without judicial intervention if:
1. client makes improper use of services provided by Surver; 2. pornographic images are distributed;
3. Dutch legislation is violated;
4. international law is violated.
6. Downgrade product
6.1. Products can be converted to other products by the client, when it concerns a conversion to a cheaper product we speak of a downgrade. The lower rate applies to the next invoice period. A downgrade of an agreement by Client must take place at least one (1) calendar month before the end of the agreed term for the current contract. A downgrade by Client must be done in writing by mail or fax. Downgrades by e-mail cannot be processed.
7. Commitments of Surver
7.1. Surver endeavors as a good service provider to take care of: the provision of the Surver service(s) specified in the agreement; the establishment and maintenance of the connections that can be made through the system to the Internet; the security of data that is stored.
7.2. Surver cannot guarantee unimpeded access to the system and the Internet, nor that the Surver services can be used at all times.
7.3. Surver abstains from accessing personal e-mail and / or files of customers and does not make them available to third parties, unless Surver is required to do so by law or a court order, or in case the customer acts, or is suspected to act, in violation of Articles 8.1 to 8.2 of these terms and conditions.
7.4. Surver is reluctant to send email to customers. Surver does not give permission to third parties to use its mail file and does not send offers to customers at the request of third parties. Customers do receive the (free) Surver newsletter, with service announcements and news about the services and products of Surver. If you do not want to receive this newsletter (anymore) you can send a request by e-mail.
8. Management of the system
8.1. Surver has the right, without prior notice, to (temporarily) take the system out of operation or to limit the use of the system 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 login procedure, in the account and in the e-mail addresses, without giving rise to a right to compensation from the customer to Surver. Surver will in such a case inform the customer as soon as possible about the changes.
9. Obligations of the customer
9.1. The customer shall act and behave in accordance with what may be expected of a responsible and careful Internet user. The customer will inform Surver as soon as possible in writing of changes in relevant data. The customer is responsible for the presence of the most recent customer information, or contact information, in the records of Surver.
9.2. The customer shall refrain from obstructing other customers or Internet users and causing damage to the system. It is prohibited for the customer to start processes or programs - whether or not through 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 by misconfiguration on the customer side, for example, but not exclusively 'open relaying' by a wrongly 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 continue to upload images at very small intervals, is not permitted. However, such software may be used at an interval of at least five (5) minutes.
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9.4. Do not load the server's processors in excess of 30% for a period longer than 20 seconds. To discuss the possibilities, contact Surver if you have software that exceeds these values.
9.5. The interval at which e-mail is read 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 behaviours that violate applicable legal provisions, the netiquette, the agreement or these general terms and conditions. This includes, but is not limited to, the following acts 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 sent via any other provider with reference to a website, e-mail address or other service at Surver; infringing copyrighted works or otherwise acting in violation of the intellectual property rights of third parties; publishing or distributing child pornography; sexual harassment or otherwise harassing persons; hacking: the unauthorized intrusion of other computers or computer systems on the Internet.
9.7. The customer is not allowed to transfer his or her account, the manual or other rights resulting from the agreement to third parties or to give them in use, unless Surver has given express written permission to do so. Without prejudice to the foregoing, the customer is allowed to have a website designed, placed and maintained by a third party. 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 as described in the agreement. The customer is responsible for ensuring that this amount is not exceeded. If this amount is exceeded, Surver is authorized, for the proper functioning of the Surver services, to remove information.
9.10. The customer hereby gives permission to Surver to include his or her personal information in the personal registration of Surver which is required for its administration and management tasks. This personal registration contains both account and traffic information and is only accessible by Surver and will not be provided to third parties, unless Surver is required to do so by law or a court order.
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 delivery of data and documents and / or promotional materials required by Surver, or at a later date to be agreed upon.
10.2. If there is a risk that the agreed delivery time will be exceeded, this will be communicated as soon as possible. In case 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 can be considered as a ground for dissolution of the agreement.
10.3. When applying for and registering a domain, a turnaround time of a few 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 that were not reasonably foreseeable and as a result of which Surver is unable to fulfill its obligations to the customer. These include, but are not limited to, malfunctions in the connection to the Internet, malfunctions in the telecommunications infrastructure, failures in networks.
11.2. Surver is not obliged to fulfill its obligations under the agreement if compliance has become impossible due to force majeure. The agreement will then be dissolved.
12. Data traffic/e-mail traffic
12.1. The data traffic/e-mail 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 described per package in gigabytes per month. If a website shows exceptional usage, it will be removed or a surcharge will be made for the extreme usage. We will inform the client when the limit is exceeded and give him the opportunity to pay a surcharge for this extra use of the data/e-mail traffic, all this in consultation with Surver. If the owner of the website concerned does not wish to agree with this, he will be given the opportunity to relocate the website and remove it from Surver's servers until noon after the written notification. If the client does not agree to this, the standard rates for data traffic will be applied in full. The rates can be found at http://datatarieven.Surver.nl. Surver also reserves the right to remove this website from its servers without further notice. Under no circumstances can any claim be made for compensation in any form whatsoever.
13. Disk space
13.1. The 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 the client. When the allocated disk space is exceeded, the client will automatically be notified by e-mail. This email will be sent on a daily basis for as long as the limit is exceeded. If in our opinion the limits are exceeded for too long, we will inform the client in writing, giving the client the choice to purchase more disk space or to reduce his/her use. If after seven days we have not received a reply 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 the disk space limit is again exceeded at any time after our writing, we reserve the right to upgrade the package again. Surver also reserves the right to remove this website from its servers without further notice. Under no circumstances can any claim be made for damages in any form whatsoever.
14.1. All prices mentioned on the site, as well as agreed prices are exclusive of VAT, unless stated otherwise. 14.2. Surver has the right to change the rates. Changes also apply to agreements already made. Changes will take effect in two weeks after publication or further specified date 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 changes to the price, he or she has the right to terminate the agreement in writing as of the date on which the changed conditions take effect. After the effective date, the customer is deemed to have tacitly accepted the changes.
14.3. Indexation: Surver reserves the right, without prior notice, to increase all prices annually by a percentage. This percentage is a maximum of 5 percent plus a percentage equal to the increase in the consumer price index, as determined by Statistics Netherlands, 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 dissolution. 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 relates to the period that starts 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. Furthermore, the Client shall owe the fees arising from these terms and conditions and/or regulations.
15.3. The costs due are, depending on the term for which the agreement is entered into, charged in advance, and must usually be paid quarterly in advance, by direct debit or invoice, if not Surver retains the right to (temporarily) stop the performance on its part.
15.4. Surver will send the client an invoice per payment term for the costs related to the agreement.
15.5. Customer may authorize Surver to debit the fees owed by customer from his Dutch bank or giro account by direct debit. If the direct debit is unsuccessful, 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 notified to the client and at least one further term of payment will be set. If payment is not made within that period, Surver will send a notice of default and the client is in default. The notice of default shall also include the fees for extrajudicial collection. No sooner than two weeks after the notice of default, the extrajudicial collection procedure will be started. The following rates apply for extrajudicial collection:
Table of collection costs:
Principal percentage maximum reimbursement of collection costs Over the first € 2,500 15% Minimum € 40
About the following € 2.500,- 10%
About the following € 5.000,- 5%
About the following € 190.000,- 1%
Over the multiple 0.5% Maximum € 6.775,-
15.7. If client is of the opinion that the costs charged are incorrect, client can make the objections known to the Surver within two weeks after the date on the account. After receipt of the objection, the Surver will investigate the correctness of the invoice amount.
15.8. If amounts due cannot be collected or are not received due to the fault of the client, Surver will charge a delay interest equal to the legal interest rate, which will be due from the moment the client is in default until the moment of collection. In addition, all reasonable costs for obtaining payment in and out of court are at the expense and risk of the customer.
15.9. If inadvertently a higher amount is collected, Surver must return the excess amount collected to the client immediately at the first request of the client. All this plus statutory interest from the day of collection until the date on which the said amount will be returned.
16.1. Surver depends in its activities on the cooperation, services and supplies of third parties, on 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 occurs or becomes visible during the relationship with Surver.
16.2. In case of attributable failure to fulfill the agreement, Surver is only 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 damages or damage due to lost sales or profits.
16.3. Customer indemnifies Surver against all claims for damages by third parties in respect of damage caused in any way by the unlawful or negligent use of the products and services of Surver delivered to customer.
16.4. Given the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, account must be taken of the fact that information obtained or transmitted via the Internet is freely accessible. Surver cannot be held liable for damage of any kind caused by sending 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 provided by the client.
16.6. Client is liable for all damages that Surver may suffer as a result of an attributable shortcoming in the fulfillment 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, the client is liable for any damage that Surver suffers as a result.
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 Surver for client, cooperation will be given to assignments of client with regard to the transfer, transfer or termination of these domain names. In all disputes in or out of court, the client using such a domain name will be given the opportunity to take over the domain name in its own title. If the client fails to do so within 24 hours, the registration of the domain name will be cancelled by us. Under no circumstances can any claim be made for compensation in any form whatsoever.
18.1. Surver has the right to (temporarily) put products and services out of use and/or to limit / cancel the use of these products and services if the customer does not comply with an obligation to Surver with regard to the agreement or other agreements with Surver or acts in violation of these general terms and conditions. Surver will inform the customer in advance, unless this can not reasonably be required of Surver. The obligation to pay the amounts due also remains during the decommissioning.
18.2. Commissioning will be resumed if the client has fulfilled his obligations within a period set by Surver and has paid a fixed amount of €50 excl. 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 unilaterally change these general conditions. Amendments also apply to agreements already concluded. Changes will take effect in two weeks after publication or further specified date 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 amendments to the general terms and conditions, he has the right to terminate the agreement in writing as of the date on which the amended terms and conditions take effect. After the effective date, the customer is deemed to have tacitly accepted the changes.
19.3. Changes will be 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, 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 or voided provisions, whereby the purpose and purport of the invalid or voided provisions will be taken into account as much as possible.
20.2. The agreement is exclusively governed by Dutch law.
20.3. In case of a dispute between the customer and Surver, the customer must first contact Surver, by mail fax or any other form of communication to explain his complaint. Surver will handle the complaint within 30 days. If during this period no solution is found, the customer will be informed, with an indication of the delay time.