1. Definitions
All capitalized terms in the Terms and Conditions shall have the meanings set forth 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, buyer: the natural or legal person with whom the agreement to supply Surver's products and services 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 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 complementary 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, order or agreement by or with Surver.
2.2. General terms and conditions of client or third parties are not binding and not applicable to Surver.
2.3. This version of the Terms and Conditions supersedes earlier versions of the 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 unilaterally amend these general terms and conditions. Amendments shall also apply in respect of agreements already concluded. Amendments shall take effect two weeks after announcement or 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, it shall have 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 year. Unless otherwise indicated.
3.2. Surver has the right to revoke issued quotations. Quotations, unless otherwise indicated in the quotation, shall 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 particular domain name or domain name extension is subject to conditions imposed by the authority issuing the domain name or extension in question, the Customer shall comply with such 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 without giving reasons to waive a service of Surver within a period of at least seven working days, starting from the day of the conclusion of the contract relating to that service. Not for renewal of contracts. Domain name registrations are also excluded. Already prepaid amounts will be returned within 30 days.
4. Commencement of the agreement
An agreement is established on the day that the following conditions are met: the quotation or contract form and/or order form, completed by 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 a term of 12 months, the term 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. Termination of the agreement for a subsequent term by the Client must be made at least one (1) calendar month before the end of the term already in progress. A current term cannot be terminated. Notice of termination by the customer must be given in writing by mail 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 any reason, Surver shall have no obligation 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, subject to a notice period of at least one (1) calendar month.
5.5. A transfer of a domain 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 agreement continues. The confirmation is sent to the e-mail address of the administrative contact as known our customer records.
5.7. Surver shall have the right to terminate the agreement with immediate effect if the Client fails to fulfill or contravenes one or more of its obligations to Surver properly or completely.
5.8. Surver reserves the right to stop maintaining domains after exceeding the payment deadline 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:
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 billing 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 mail or 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) specified 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 unimpeded 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 required to do so by law or court order, or in the event that the customer acts, or is suspected of acting, in violation 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 wish to receive this newsletter (anymore) you can send a request by e-mail.
8. Management of the system
8.1. Surver shall be entitled without prior notice to (temporarily) take the System out of service or restrict its use to the extent necessary for reasonably necessary maintenance or for necessary adjustments or improvements to be made to the System 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 shall notify the Customer of the changes as soon as possible.
9. Obligations of the customer
9.1. 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 programs -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, for example but not limited to 'open relaying' by an incorrectly configured mail server. The customer is only permitted to start processes or programs if there is a direct connection to the system permitted by Surver.
9.3. The use of webcams or similar software, which continues to upload images at very small intervals, 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 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 writing space for acts and/or behaviors 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 behaviors: spamming: the unsolicited sending of large amounts of email with the same content and/or the unsolicited posting in large numbers of newsgroups on the Internet of a message with the same content. This also includes spam sent through any other provider with reference to a website, e-mail address or other service at Surver; infringing copyrighted works or otherwise violating 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 permitted 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 foregoing, 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. In case of extensive excess, Surver is authorized, for the purpose of proper functioning of the Surver services, to delete information.
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 provided 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 materials required by Surver, or at a later time to be agreed upon.
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 contract.
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 respect to the contract shall mean all that is understood in law and jurisprudence. 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. This includes, but is not limited to, failures in the connection to the Internet, failures in the telecommunications infrastructure, failures in networks.
11.2. Surver is not bound to its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved.
12. Data/email traffic.
12.1. Data/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. Data/e-mail traffic is defined per package in gigabytes per month. If a website exhibits exceptional usage, it will be removed or surcharged for the extreme usage. We will inform 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 does not wish to agree to this, he will be given the opportunity to move the website elsewhere and to remove it from the servers of Surver until 12.00 hours 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 from its servers without further notice. No claim to compensation in any form whatsoever can 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, client will be notified automatically, through an email. This e-mail will be sent daily as long as the overrun continues. When, 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. When after seven days we have not received an answer 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 writing the disk space limit is exceeded again, 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 has the right to change the rates. 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 announcement or an announcement on the web pages or newsletter of Surver. If the customer does not wish to accept changes to the price, the customer has the right to terminate the contract in writing as of the date on which the changed 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 not exceed 5 percent plus a percentage equal to the increase in the consumer price index, as determined by the CBS, for the year preceding that of the price increase. It should be expressly noted 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. Payment terms
15.1. Client's obligation to pay shall commence 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 further 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 performance on its part.
15.4. Surver will send client an invoice for the costs related to the agreement each payment period.
15.5. Customer may authorize Surver to debit the fees owed by Customer from its Dutch bank or giro account by direct debit. If the direct debit is not successful, Customer will be notified of this and a further period of payment will 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 no payment has been 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 €5,000.00 5%
Over the next €190,000.00 1%
On the excess 0.5% Maximum €6,775.
15.7. If Client is of the opinion that the charged charges are incorrect, Client may notify the Surver of the objection 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 default interest equal to the statutory interest, which shall be payable from the time Client is in default until the time of collection. Also, 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 Client immediately upon Client's first request. All this plus statutory interest from the day of collection until that 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 the event of an attributable failure to perform the contract, Surver shall only be liable for compensatory damages, i.e. compensation for 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 sales or profit.
16.3. Client shall indemnify Surver against all claims for compensation 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. Considering the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, it must be taken into account that the information obtained or sent through the Internet is freely accessible. Surver cannot be held liable for damages 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 materials provided by Client.
16.6. Client shall be liable for any damage that Surver may suffer as a result of a failure attributable to Client in the performance of its obligations under the Agreement and these Terms and Conditions.
16.7. Changes in the client's data must be immediately communicated to Surver in writing. If Client fails to do so, 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 does not respond within 24 hours, the registration of the domain name will be cancelled by us. No claim to compensation of any kind can ever be made.
18. Decommissioning
18.1. Surver has the right to put delivered products and services (temporarily) out of use and/or to restrict/deny the use thereof if the client fails to comply with an obligation towards Surver in respect of 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 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 for this purpose.
19. Modification of conditions
19.1. Surver reserves the right to modify or supplement these Terms and Conditions.
19.2. Surver is entitled to unilaterally amend these general terms and conditions. Amendments shall also apply in respect of agreements already concluded. Amendments shall take effect two weeks after announcement or 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, 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 changes - tacitly
19.3. Changes will be published on the site or sent by email or in our electronic newsletter.
20. Dispute resolution and applicable law
20.1. If by court order one or more articles of these terms and conditions are declared invalid, other provisions of these terms and conditions shall remain in full force and effect and Surver and Client shall enter into consultations 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 is exclusively governed by Dutch law.
20.3. In the event of a dispute between customer and Surver, the customer should first contact Surver by setting forth its complaint by mail fax or any other form of communication. Surver will settle 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.
