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If you choose to rent products or services with
Server Boost,
you agree with below conditions:
Article 1 General
Server Boost will
make sure to assist
their clients as much
as possible with the hosting service
they rent.
Regarding the technical complicity and difference from the
internet, Server Boost will not be held responsible for
interruptions or delays and the eventual impossibility
for the user of an account, to gain access to the hosting
service(s) due to saturation of the different networks
or due to any other problem that might occur, where
Server Boost or the user can be confronted with.
The client can never hold Server Boost responsible for an
interruption of the service for planned maintenance,
emergency maintenance of the network and supremacy or an
outage due to negligence of a third-party client, ddos attack
and/or hack attempts.
Article 2
Definitions
2.1 Customer: the company or client who comes to an
agreement with Server Boost to rent their services, also
called user.
2.2 Products and services of Server Boost: products
and services provided by Server Boost, where the client
can gain access to electronic information and where
electronic messages between users are being exchanged;
this includes the production, placement and rental of web
sites, the rental and registration of a domain name, the
promotion of a website and all other products and
services that have anything in common with hosting.
2.3 Agreement: every mutual agreement, written or
confirmed by e-mail, from delivery of one or more
products and services by Server Boost.
Article 3
Suitability
3.1 As long as there is no deviation in writing in a
mutual agreement between both parties, below
articles are applicable on every offer, job or agreement
of or with Server Boost.
3.2 Conditions of customer aka third-party clients,
are not binding and applicable for Server Boost.
Article 4 Offer and acceptance
4.1 All offers and prices made by Server Boost are
non-committal, unless mentioned otherwise in electronic
writing.
4.2 An offer made by Server Boost is valid for 30 days,
unless mentioned otherwise.
Article 5 Start of the agreement
5.1 An agreement will start on the day that following
conditions are met: the order or contract form has been
filled in and a mark has been put in front of
agreeing with our conditions (on the website) or a
signature has been put in
writing, received and accepted by Server Boost; with the
rental of a domain name, the yearly charge and other
fees need to be paid in advance to Server Boost, before
the actual domain is registered or transferred.
5.2 Both parties are free to prove the mutual agreement
with other resources.
5.3 Add-ons and adjustments for the agreement can
only be done in writing, by hand or e-mail.
Article 6
Duration and cancellation
6.1 The agreement will be valid for an unlimited period
with a minimum cancellation term of 1 month in advance,
unless otherwise agreed or if there's a valid reason to
cancel the agreement.
6.2 The agreement will be valid for 1 month and will be
continued month-to-month unless the client has cancelled
his order by e-mail.
6.3 Server Boost can cancel the agreement immediately if
the customer does not partly or completely follow the
commitment made by him and Server Boost and is therefore
inconsistent.
6.4 Server Boost has the permission to cancel the
agreement with immediate effect and without courts
intervention if the customer has requested or given
suspension of payment, is declared broke or otherwise has
lost his personal management or fortune. Last mentioned
also doesn't have any right for a compensation.
6.5 Undimished specified in article 14, Server Boost has
the right to cancel the agreement immediately and
without courts intervention when:
- customer uses the internet improperly;
- customer spreads information which is in violation with
(inter)national legislation and issuing of rules;
- customer spreads information which is in violation with
common accepted standards and values;
- customer spreads information with discrimination of
skin, race, religion, sex, culture, origin or anything
that might hurt other people. It is also not allowed to
host illegal adult pages, mp3 pages or anything related which are
in violation with the legislation on the servers in the
country where they are placed.
6.6 IRC proxies - are completely not allowed. By
running IRC proxies, the customer risks getting an
immediate termination of the server and contracts there
might be.
Article 7
Delivery and
delivery time
7.1 Activation of a web hosting package or server will be
done as fast as possible, after the payment is received,
or after a later agreed day.
7.2 If we cannot activate a package before the agreed
time period, we will inform the customer about this as
soon as possible. In case of superior force from Server
Boost, the term will be extended with the term of that
superior force. Excessively exceeding delivery time, can
be a valid reason to cancel the agreement made between
Server Boost and the customer.
7.3 With the request and registration of a domain name it
can take a few days before it's entirely processed.
Registration and activation will be done as soon as the
payment and necessary (request)forms are received.
Article 8 Superior Force
8.1 Superior force between the agreement includes
everything concerning law and jurisdiction.
8.2 Server Boost does not have to stick to the agreement
if further handling is not possible due to superior
force. The agreement will then be cancelled.
8.3 The 1 hour down = 1 month free policy is only valid for network uptime. Hardware problems or other problems of any kind are not included in this rule.
Article 9
Prices
9.1 All prices mentioned on this website, as prices in
offers are 19% VAT exclusive, unless mentioned otherwise.
9.2 Server Boost has the permission to change their
prices at any time. These adjustments will be announced
to the customer at least 2 weeks in advance. The customer
is free to cancel the agreement if not agreed with the
new prices, on the date that the new prices are valid.
Article 10 Payment Conditions
10.1 The customer's payment commitment will start on the
day the agreement is made. The payment must be done
before the package is activated or before the due date on
the next invoice.
10.2 The prices as agreed to be paid, do not include VAT
or any other lawful subscription fees. Customer must pay
the fees as agreed with Server Boost by mail or contract.
10.3 The total price, depending the cycle the agreement
has, needs to be paid in advance. If no payment is
received, Server Boost has the right not to activate the
package. The compensation for other expenses is
collected yearly in advance.
10.4 Server Boost will send customer an invoice for the
rented servers per cycle.
10.5 If the customer does not pay on time, the customer
will be informed about it and another due date will be
made. If the customer does not pay before that due date,
the service will be cancelled with an immediate effect
until the payment is received.
10.6 If the customer does not agree on the total price of
the rented service, he can contact Server Boost within 2
weeks after the date the amount has been made available
on Server Boosts bank account. After that, Server Boost
will investigate the problem and will refund the amount
as fast as possible.
10.7 The customer is neglected starting on the time the
total compensation cannot be collected or paid to Server Boost.
10.8 If the customer cannot collect or pay the
compensation to Server Boost, Server Boost will add an
interest fee for the delay which is equal to the lawful
interest rate, which will be indebted from the moment the
customer is neglected until the moment of collecting.
10.9 When a higher amount is received by accident, Server
Boost will refund the difference on the customer's first
notice. One and another increased with lawful interest
from the day of bearing until the day the correct amount
will be restored.
Article 11
Intellectual ownership
11.1 The customer has permission to download and use
software that is available on the site of Server Boost if
(intellectual) ownership is out of the question (freeware).
11.2 The customer must respect the laws of intellectual
ownership of protected software and/or other work (a.k.a
"shareware") and does not hold Server Boost responsible
for him not respecting this.
Article 12
Ownership reservation
12.1 The service / material provided by Server Boost will
remain server boosts property.
12.2 With the exception of article 11.1, the intellectual
ownership is not valid for a service / material
provided by Server Boost to the customer.
Article 13
Responsibility
13.1 Server Boost is with her activities dependant of the
cooperation, services and deliveries of third parties,
where Server Boost has few or no influence on. Server
Boost can never be held responsible for any damage coming
from the partnership with Server Boost or the
cancellation of it, even if the damage originates or
becomes visible during the partnership with Server Boost.
Server Boost gives the user the opportunity to use Server
Boosts web space according to the chosen hosting package
by the customer. The web space will be offered and
maintained according to the usage of internet hosting.
Server Boost will not be held responsible for the content
hosted on their web space, except for the regular
back-ups and protection of their shared and reseller
hosting clients. The customer and only he is responsible
for taking back-ups from his servers or services rented
with Server Boost. Server Boost can be never be held
responsible for the loss of data on the web server(s) and
also no reimbursement or compensation can be demanded
from Server Boost.
13.2 In case of eligible shortness by fulfilling the
agreement, Server Boost will only be held responsible for
replacing compensation; this means a compensation for the
value of the omitted benefit.
Any responsibility from Server Boost for any other kind
of damage is out of the question, including supplementary
compensation in any way, a compensation of indirect
damage, ensuing damage, or damage by compensation for
loss of earnings or profit.
13.3 The customer safeguards ServerBoost against all
claims of compensation that third-party clients may
cause, in any way originated by illegal or inaccurate use
of products or services delivered by the customer of
Server Boost.
13.4 Due the big amount of connections on the internet
with human interference, the use of local networks and
wireless communication, you have to consider the fact
that given or sent information via internet is accessible
to everyone. Server Boost cannot be held responsible for
any damage, in any case, caused by sending confidential
or secret information. Server Boost also cannot be held
responsible for security or abuse by third-party clients
of saved information.
13.5 Server boost is not responsible or liable for the
content of the promotional material delivered by the customer.
13.6 The customer is responsible for all damage done to
Server Boost as a result of a shortness by the customer
by not following the terms and conditions stated by Server Boost.
13.7 Adjustments of customer's information must be done by
the customer in writing (hand written or e-mail) to
Server Boost. If the customer does not follow this
condition, he is held responsible for any damage Server
Boost might have.
Article 14
Transfer of law and duties
14.1 Server Boost and the customer do not have permission
to transfer their law or duties coming from this
agreement to third-party clients without a mutual written agreement.
Article 15 Termination
15.1 Server Boost can (temporarily) stop and/or limit the usage of the delivered products and/or services if the customer does not meet
one or more requirements mentioned in the agreement made between the customer and Server Boost which handles in violation with the terms
and conditions. Server Boost will inform the customer about this in advance, unless it cannot be desired from Server Boost.
The obligation of paying for the due payments will also exist during the termination of the service.
15.2 The service will be activated again if the customer meets the requirements agreed between Server Boost and himself within the deadline
and has paid the amount to activate the service again, valued at 60,00 EUR VAT excl.
Article 16 Advertising
16.1 The customer must file a claim, exactly 8 days after
delivery in writing, with impairment where any claim
against Server Boost expires.
16.2 Advertising concerning invisible impairment must be
done in writing via a registered letter within 8 days
after the impairment has been noticed, could have been
noticed or should have been noticed. If this does not
happen within those 8 days, every claim and toleration
will not be valid anymore against Server Boost.
16.3 If an advertisement is correct, the delivered
products or services will be adjusted, replaced or
refunded after consideration.
16.4 Advertisements do not extend the obligations of the
customer.
Article 17
Changing terms and conditions
17.1 Server Boost has the permission to make any modifications on the terms and conditions at any time.
17.2 Changes also count for agreements that have already been made, with observance of a term of 30 days after disclosure by writing or
e-mail of the changes that have been made.
17.3 If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the
new terms and conditions apply, until this date or on the
date of receiving of the cancellation, if this applies after the commencing date.
Article 18
Dispute regulation and appropriate right
18.1 If, at judicial pronouncement, one or more articles of these conditions are declared invalid, other provisions of these terms and conditions
will remain entirely effective and Server Boost and constituent enters into consultation in order new provisions in substitution for null and void,
or destroyed provisions to agree, where as much as possible aim and scope of the null and void, or destroyed provisions are observed.
18.2 Dutch laws exclusively apply on the terms and conditions.
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