Additional Terms
The use of Hostdeko (Sedeko) services is also subject to the following terms, which are attached for reference. By using our services, you also agree to these additional terms:
Article 1 Definitions
- Hostdeko: Hostdeko is a registered trade name of Sedeko established in Oosterhout and registered with the Chamber of Commerce under file number 60869615.
- Client: the natural or legal person who has concluded an Agreement with Hostdeko or to whom Hostdeko has issued a quote for this purpose.
- Agreement: the agreement between Hostdeko and Client under which Hostdeko will perform the Service.
- General Terms and Conditions: the present document.
- Acceptable Use Policy: code of conduct described in the external document “Acceptable Use Policy”.
- Service: the specific service that Hostdeko agrees with Client, as stated in the Agreement or quote.
- Account: the online environment in the form of a customer panel which is made available to Client by Hostdeko, after it has been created by Client itself, with the aim of requesting, managing or configuring the Service(s).
- Online Credit: the online environment which is made available to Client by Hostdeko, with the aim of managing payments regarding the Service(s) via a balance deposited by the Clients.
- Website: https://www.hostdeko.com or subdomains and other extensions.
Article 2. Electronic order, offer and acceptance
- The Agreement between Hostdeko and Client is established when Hostdeko confirms the order regarding a service. At that moment, the client agrees to these general terms and conditions, additional terms and product description as communicated regarding the relevant service.
- The Website indicates which amount will be due and the description of the Service indicated on the Website is binding. Furthermore, it is possible that Hostdeko draws up a quote in which it indicates what is included in the Service and what amount will be due upon acceptance.
- In case of conflict of provisions in the Agreement, general terms and conditions or annexes thereof, the following ranking applies:
- the Agreement;
- any annexes;
- these general terms and conditions;
- any additional terms.
- Provisions or conditions set by Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for Hostdeko if and insofar as these have been expressly accepted by Hostdeko in writing.
- Price and product information is given subject to incorrect information. All quotes and offers are non-binding, unless expressly stated otherwise in the offer.
- The Client declares to be of age and to have the authority to place this order. If the Client acts on behalf of a company, foundation or association, Client will at all times be held personally responsible for outstanding invoices in case it turns out that Client was not authorized to act on behalf of the legal entity for which the Agreement was entered into at the time of giving the assignment to Hostdeko.
- After acceptance, the Agreement may only be amended by mutual consent with the exception of changes that are unequivocally positive for the Client or unequivocally neutral will become effective without the Client being able to object.
- A quote is non-binding and valid until 7 days after dispatch by Hostdeko, unless otherwise stated in the quote.
- These General Terms and Conditions apply to the Agreement at all times, unless expressly agreed otherwise in writing.
- Hostdeko has the right to refuse a Client at its own discretion without giving reasons.
- The Agreement runs from the moment notification containing acceptance by Client is received by Hostdeko.
Article 3. Execution of the Service
- After the conclusion of the Agreement, Hostdeko will execute the Service as soon as possible in accordance with the quote or electronic order.
- Hostdeko must comply with the relevant legislation and the provisions in the Agreement with its Clients.
- Hostdeko guarantees that the Service is performed to the best of its ability applying sufficient care and craftsmanship.
- Hostdeko may engage third-party service providers to perform all or part of the services related to the Product. However, Hostdeko remains responsible as if Hostdeko performs these services itself.
- If this is legally and technically possible and if the Client has met its financial obligations, Hostdeko will, if desired, make the Client’s data available to the Client in a generally accepted form.
- If the Client has met its financial obligations and this is legally possible, Hostdeko will not willfully block access to the Product or otherwise hinder the transfer of the Client’s data.
- Hostdeko is permitted to independently make changes to the material supplied by Client without prior permission from Client.
- Hostdeko has the right to (temporarily) put delivered products and services out of use and/or to limit the use thereof, or not to deliver or only deliver to a limited extent, if the Client does not fulfill an obligation towards Hostdeko regarding the Agreement or acts in violation of these terms.
- Every action that takes place via the Account and/or the Online Credit of Client is deemed to take place under the responsibility and risk of Client. In case of a suspicion of abuse of the Account and/or Online Credit, Client must report this to Hostdeko as soon as possible so that it can take measures.
Article 4. Responsibilities of the Client
- The Client will always provide Hostdeko with all cooperation necessary for a proper execution of the Agreement in a timely manner and provide all useful and necessary data or information.
- The Client will always provide Hostdeko with all cooperation necessary for a proper execution of the Agreement in a timely manner and provide all useful and necessary data or information.
- Hostdeko may ask for proof of identity in communication from a Client or potential customer. The Client will provide all requested cooperation for this.
- The Client is responsible for the use and application of the Product. Hostdeko expressly rejects any responsibility for the activities undertaken with the Product.
- The Client will report any security leaks it detects in the Hostdeko infrastructure to Hostdeko.
- It is the responsibility of the Client to pass on changes in name, address or billing details or other account details to Hostdeko as quickly as practically possible.
- The Client is fully responsible for the suitability of the chosen Products.
- Hostdeko takes no responsibility whatsoever for services that it is not contractually obliged to deliver but which are performed without extra costs.
- Hostdeko may recommend products and services from third parties. Hostdeko rejects any responsibility with regard to these products and services.
- Hostdeko does not commit to making a backup of the Client’s data, unless it has been explicitly agreed in the Product description that Hostdeko is responsible for making backups.
- Hostdeko offers Support exclusively to the administrative or technical contact persons listed in the Client’s account. Hostdeko does not offer support directly to the Client’s end users, subsidiaries, affiliates or other third parties, unless expressly agreed otherwise.
Article 5. Delivery and acceptance
- If a Service extends to the creation or modification of a work or product (for example installing a web application), Client must evaluate the result within 14 days after delivery and approve or reject it. If Client does not reject this (wholly or partially) within this period, it is deemed to be approved.
- If Client rejects a result wholly or partially, Hostdeko will endeavor to remove the reason for rejection as quickly as possible. It can do this by revising the result or by motivating why the reason does not apply. Client subsequently has a similar period to approve or reject the revision or motivation.
Article 6. Prices
- All prices are exclusive of sales tax and other levies imposed by the government. The rates are in euros.
- All prices on the Website, quotes, brochures and other documentation of Hostdeko are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
- Hostdeko reserves the right to adjust the rates from time to time. The new prices only apply after the expiry of the current contract term chosen by the Client. The current rates can be consulted on the Hostdeko website.
- All costs resulting from the Agreement for Hostdeko are for the account of Client, provided these are attributable to Client.
Article 7. Hosting and related services
- If the Service (also) extends to services regarding storage and/or transmission of material supplied by Client to third parties, such as in case of web hosting or email services, the provisions in this article also apply.
- Client refrains from storing and/or distributing (or having distributed) material in violation of provisions of Dutch law. This includes in particular but not exclusively information offered without permission of the copyright holder(s), information that is libelous, threatening, insulting, racist, hateful or discriminatory, information containing child pornography and information violating the privacy of third parties or constituting a form of stalking, as well as hyperlinks, torrents or other references to such information on sites of third parties anywhere in the world (even when the information would be legal in the relevant jurisdiction).
- Hostdeko uses a complaints procedure whereby third parties (“complainants”) can submit a complaint that in their opinion such a violation is taking place. If a complaint is justified in Hostdeko’s judgment, Hostdeko is entitled to remove the material or make it inaccessible. In that case, Hostdeko is also entitled to provide personal data of Client to a reporter or to the competent authorities. Hostdeko will inform Client about the course of this procedure.
- When there is possibly criminal information, Hostdeko is entitled to report this. Hostdeko can hand over all relevant information about Client and the information to the competent authorities and perform all other acts that these authorities request Hostdeko to perform in the context of the investigation.
- In case of repeated complaints about the information offered by Client, Hostdeko is entitled to dissolve and/or terminate the Agreement.
- Client indemnifies Hostdeko for all damage resulting from the above. Hostdeko is not liable for any damage whatsoever that Client suffers due to an intervention by Hostdeko in the context of the complaint procedure.
- Client refrains from hindering other customers of Hostdeko or internet users or inflicting damage to the servers. Client is prohibited from starting processes or programs, whether via the server or not, of which Client knows or can reasonably suspect that this hinders or damages Hostdeko, other Clients or internet users (for example; SPAM). Hostdeko will inform Client of any measures and any damage will be recovered from Client.
- Client will adhere to the generally accepted code of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adjustments thereof.
- Without permission from Hostdeko, Client is prohibited from transferring the username or usernames and password or passwords provided by Hostdeko to third parties.
- Hostdeko can set a maximum to the amount of storage space that Client may use in the context of the Service. Upon exceeding this maximum, it is no longer possible to store more. No liability exists for consequences of not being able to send, receive, store or change data if an agreed limit for storage space has been reached.
- Client hereby grants Hostdeko an unlimited license to distribute, store, transmit or copy all materials distributed by Client via Hostdeko’s systems in any way deemed suitable by Hostdeko, however exclusively insofar as this is reasonably necessary for the fulfillment of the Agreement by Hostdeko.
- If Client purchases an SSL certificate from Hostdeko, Client declares to be familiar with the terms of the certification service provider (the party issuing the certificates). Hostdeko is not responsible for a correct verification of the identity of the certificate holder. Hostdeko also does not guarantee the security level of the SSL certificate. This depends on the purpose for which the SSL certificate is used.
- In addition to the obligations from the law, damage arising from incompetence or not acting in accordance with the above points is for the account of Client.
Article 8. Web hosting packages
- In addition to the provisions mentioned in these general terms and conditions that apply to hosting and related services, the provisions mentioned in this article specifically apply to the web hosting service offered by Hostdeko.
- Hostdeko uses DirectAdmin for the web hosting packages offered by it (including SSD Fast Hosting, SSD Pro Hosting, Managed WordPress Hosting).
- As indicated on the Website, Hostdeko offers web hosting packages with an uptime guarantee of 99% and packages with an uptime guarantee of 99.9%.
- The uptime guarantee percentages mentioned in paragraph 3 of this article do not apply in any case if there are malfunctions and/or force majeure as described in article 23.
- If the Client is not satisfied with the web hosting package, he will receive his money back from Hostdeko within 30 days after purchase, without giving reasons. This only applies to the purchase of a new web hosting package mentioned on the Website.
- The refund mentioned in paragraph 5 is reduced by domain registration costs if applicable. The domain thereby remains the property of the customer and usable.
- The provision in paragraph 5 of this article (refunding money) does not apply if Client renews his web hosting package or if there is custom work. This at the discretion of Hostdeko.
Article 9. Reseller packages
- If the Service (also) extends to the reselling, renting out or otherwise making available for payment (“Reselling”) of products or services of Hostdeko by Client to its customers, the provisions in this article and the provisions as included in article 8 also apply.
- Client acts in its own name, for its own account, and at its own risk when Reselling and is not entitled to conclude agreements for or on behalf of Hostdeko or to create the impression that it is an agent or representative of Hostdeko.
- Client is free to determine its offer and prices to its customers, within the limits of Hostdeko indicated with the quote.
- Client must impose at least the same obligations on its customers as Hostdeko imposes on Client with regard to the product(s) or service(s) made available. Hostdeko may require that Client provides proof of this.
- Non-payment or late payment by customers of Client does not relieve Client of its payment obligations towards Hostdeko.
- Hostdeko will exclusively contact customers of Client via Client, unless Hostdeko has an urgent reason to approach these customers directly or Client gives permission for direct contact. (Threatening) damage and nuisance to third parties by activities of customers is in any case an urgent reason.
- Client is not entitled to use any trade name, brand name, logos or signs of Hostdeko in promotional or commercial communication with the aim of making use of the goodwill or good name of Hostdeko for recruiting customers by Client. Client may communicate in a businesslike manner that it uses products and/or services of Hostdeko.
- Client is at all times fully liable for everything its customers do or fail to do via the systems or networks of Hostdeko or those of its suppliers.
Article 10. Domain names and IP addresses
- If the Service (also) extends to Hostdeko mediating for Client in obtaining a domain name, the provisions in this article also apply.
- Application, allocation and possible use of a domain name are dependent on and subject to the applicable rules and procedures of the relevant registering authorities, including the Stichting Internet Domeinregistratie Nederland. The relevant authority decides on the allocation of a domain name. Hostdeko only fulfills a mediating role in the application and gives no guarantee that an application will also be honored.
- Client can only learn the fact of registration from the electronic confirmation letter from Hostdeko, stating that the requested domain name has been registered, unless indicated otherwise. An invoice for registration costs is not a confirmation of registration.
- Client indemnifies and holds Hostdeko harmless for all damage related to (the use of) a domain name on behalf of or by Client.
- Hostdeko is not liable for Client losing his right(s) to a domain name or for the fact that the domain name is requested and/or obtained by a third party in the meantime, except in case of intent or gross negligence by Hostdeko.
- If Hostdeko registers a domain name in its name on behalf of Client, Hostdeko will cooperate with requests from Client for moving, transfer, rental, sale or cancellation of this domain name.
- Client must conform to the rules that registering authorities set for application, allocation or use of a domain name.
- Hostdeko has the right to make the domain name inaccessible or unusable, or to (have it) placed in its own name when Client is demonstrably in default in the fulfillment of the Agreement, however exclusively for the duration that Client is in default and exclusively after expiry of a reasonable term for fulfillment set in a written notice of default.
- In case of dissolution of the Agreement due to breach of contract by Client, Hostdeko is entitled to cancel the domain name observing a notice period of one month.
- The IP addresses made available to Client remain under the management of Hostdeko and cannot be taken along in case of a possible move/cancellation by Client. Furthermore, multiple customers of Hostdeko can operate under the same IP address.
- Hostdeko has the right at all times to change the IP address or to assign another address to Client.
Article 11. Data traffic
- Hostdeko can set a maximum to the amount of data traffic per month that Client may use in the context of the Service.
- Data traffic is understood to mean all network traffic generated by Client, incoming and outgoing. Incoming and outgoing traffic is added together for the calculation of the data traffic. The measurement of DirectAdmin is leading here.
- The consumed data traffic will be updated daily by DirectAdmin.
- If the agreed data limit is exceeded in the course of a calendar month, Client receives a warning. The client is subsequently expected to upgrade the data bundle, or reduce data usage. Hostdeko regards this as leniency.
- In case of repeated exceeding of the data limit, the leniency arrangement from paragraph 4 expires and the so-called “suspend at limit” option will be activated on the package. This means that as soon as the data limit is exceeded, the package is automatically put out of use for the remaining days of the month.
- No liability exists for consequences of not being able to send, receive, store or change data if an agreed limit for data traffic has been reached.
- Data traffic is not transferable to a following month and/or equipment, unless agreed otherwise.
Article 12. Availability of the Service
- Hostdeko will endeavor to realize uninterrupted availability of its systems and networks, and to realize access to data stored by Hostdeko.
- Hostdeko will endeavor to keep the software used by it up-to-date. However, Hostdeko is dependent on its supplier(s) for this. Hostdeko is entitled not to install certain updates or patches if in its opinion this does not benefit a correct delivery of the Service.
- Hostdeko will endeavor to ensure that Client can use the networks directly or indirectly connected to the network of Hostdeko. However, Hostdeko cannot guarantee that these networks (of third parties) are available at any time.
- Hostdeko is not obliged to make backup copies (backups) available to Client, unless Client has explicitly agreed this with Hostdeko. It is therefore the responsibility of Client to make backup copies of the data stored at Hostdeko.
- Exception to paragraph 4 concerns a leniency arrangement whereby Client can receive a backup from Hostdeko’s backup archive for a reasonable fee of at least 50 euros. However, Hostdeko is never obliged to possess or make available this backup.
- If in Hostdeko’s judgment a danger arises for the functioning of the computer systems or the network of Hostdeko or third parties and/or of the service provision via a network, in particular by excessive sending of email or other data, poorly secured systems or activities of viruses, trojans and similar software, Hostdeko is entitled to take measures that it reasonably deems necessary to avert or prevent this danger.
Article 13. Service provision
- Support on hardware, software and other services will be invoiced at the applicable hourly rate. The applicable hourly rate will be announced by Hostdeko in advance. Support will be calculated per hour, minimum purchase is 1 (one) hour unless agreed otherwise. Upon request for support where no Support Plan or SLA has been purchased, Hostdeko cannot give response time guarantees.
Article 14. Intellectual property rights
- All intellectual property rights to all materials, software, analyses, designs, documentation, advice, reports, quotes, as well as preparatory material thereof developed or made available in the context of the Service, rest exclusively with Hostdeko or its suppliers.
- Client exclusively acquires the user rights and powers arising from the scope of the Agreement or granted in writing and for the rest Client will not reproduce or make public the software or other materials.
- Client is not permitted to remove or change any indication concerning copyrights, brands, trade names or other intellectual property rights from the materials, including indications concerning the confidential nature and secrecy of the materials.
- Hostdeko is permitted to take technical measures to protect the materials. If Hostdeko has secured the materials by means of technical protection, Client is not permitted to remove or evade this security.
- Any use, reproduction or publication of the materials falling outside the scope of the Agreement or granted user rights, is considered a violation of copyright. Client will pay an immediately due and payable fine not subject to judicial mitigation of 10,000 euros per Hostdeko act to Hostdeko, without prejudice to Hostdeko’s right to be compensated for its damage by the infringement or to take other legal measures to terminate the infringement.
Article 15. Complaints
- Client is obliged to proceed to inspection immediately after receiving the products or termination of the work. If Client detects visible errors, imperfections and/or defects, this must be brought to Hostdeko’s attention within 24 hours.
- Other complaints must be reported to Hostdeko by registered letter within 5 working days after receipt of the products or termination of the work.
- If the above complaint has not been made known to Hostdeko within the periods referred to there, the products are deemed to have been received in good condition or the work to be performed is deemed to have been performed well.
- Minor deviations regarding stated sizes, weights, numbers, colors, and such, do not count as a shortcoming on the part of Hostdeko.
- Complaints do not suspend the payment obligation of Client.
- If the products have changed in nature and/or composition after delivery, have been wholly or partially processed or damaged, any right to complain lapses.
Article 16. Warranty
- Products purchased by Client from Hostdeko are covered by a manufacturer’s warranty. Information about what the manufacturer’s warranty entails can be found on the manufacturer’s website.
- Hostdeko will fulfill its statutory obligation in the context of conformity of delivered products, but grants Client no (extra) warranty on products delivered by it.
- The (statutory) warranty does not apply:
- If the errors are the result of injudicious use or other causes than unsoundness of material or manufacture.
- If the cause of the error cannot be clearly demonstrated.
- If given instructions, for the use of the product, have not been followed.
- For the condition of the products, arising as a result of improper storage, climatic or other influences. 4. Client must give Hostdeko a reasonable period for carrying out occurring repairs and replacement deliveries, without Hostdeko being entitled to any compensation or damages.
- Client must take care of making a backup of his data and/or software himself. It is possible that these are lost during a repair, replacement or transport. Hostdeko is not liable for damage due to loss of data and/or software. For any reinstallations, Client must take care himself and these are for the account of Client.
Article 17. Liability
- The liability of Hostdeko for direct damage suffered by Client as a result of an attributable shortcoming in the fulfillment by Hostdeko of its obligations under this Agreement, expressly including any shortcoming in the fulfillment of a warranty obligation agreed with Client, or by an unlawful act of Hostdeko, its employees or third parties engaged by it, is limited per event or a series of connected events to an amount equal to the fees that Client owes under this Agreement per year (excluding VAT). In no case, however, will the total compensation for direct damage amount to more than EUR 500 (excluding VAT).
- Liability of Hostdeko for indirect damage, including consequential damage, lost profit, missed savings, loss of (business) data and damage due to business stagnation, is excluded.
- Outside the cases mentioned in article 22 paragraph 1, Hostdeko has no liability whatsoever for damages, regardless of the ground on which an action for damages would be based. The maximum amount mentioned in article 22 paragraph 1 lapses, however, if and insofar as the damage is the result of intent or gross negligence of executive staff of Hostdeko.
- The liability of Hostdeko due to attributable shortcoming in the fulfillment of the Agreement arises only if Client gives Hostdeko notice of default in writing immediately and properly, setting a reasonable term to remedy the shortcoming, and Hostdeko continues to fail attributably in the fulfillment of its obligations after that term. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Hostdeko is able to respond adequately.
- Hostdeko is never liable for damage caused by force majeure.
- Condition for the existence of any right to damages is always that Client reports the damage to Hostdeko in writing and by registered mail within 30 days after it arises.
- Client indemnifies Hostdeko for all claims of third parties due to liability as a result of a defect in the Service delivered by Client to a third party and which partly consisted of items, materials or results delivered by Hostdeko.
Article 18. Malfunctions and force majeure
- Hostdeko has the right to temporarily put its systems, including the Website, or parts thereof out of use for maintenance, adjustment or improvement thereof. Hostdeko will try to have such a decommissioning take place outside office hours as much as possible and endeavor to inform Client in time of the planned decommissioning. However, Hostdeko is never liable for damages for damage in connection with such decommissioning.
- Hostdeko has the right to adjust its systems, including the Website, or parts thereof from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, Hostdeko will endeavor to inform Client thereof. In case of adjustments relevant to multiple clients, it is not possible to waive a certain adjustment only for Client. Hostdeko is not obliged to any compensation for damage caused by such an adjustment.
- Hostdeko will endeavor to inform Client about the nature and expected duration of the interruption in case of unavailability of the Service, due to malfunctions, maintenance or other causes.
- In case of force majeure, which in any case includes malfunctions or failures of the internet, the telecommunications infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, domestic disturbances, mobilization, war, traffic congestion, strike, lockout, business interruptions, stagnation in supply, fire, flood, import and export barriers and in the case that Hostdeko is not enabled to deliver by its own suppliers, regardless of the reason, whereby fulfillment of the Agreement cannot reasonably be required of Hostdeko, the execution of the Agreement will be suspended, or the Agreement will be terminated when the force majeure situation has lasted longer than ninety days, all without any obligation to pay damages.
Article 19. Duration and termination
- If the Service extends to the periodic performance of services during a certain period, the Agreement is deemed to have been entered into for a minimum period of twelve months, unless indicated otherwise on the Website or agreed otherwise. The Agreement is tacitly renewed for the same period in the absence of a cancellation, which takes place via the Account on the Website, in time for a notice period of one month, unless agreed otherwise.
- Client can turn off automatic renewal for domains via the Account (is on by default), after which the domain will not be renewed on the expiration date.
- If Client is a natural person who is not acting in the exercise of a profession or business, Client may cancel on any day after tacit renewal. The cancellation will take effect one month after receipt of the cancellation. ‘One month’ notice period is understood to mean at the latest the day with the same number in the following month.
- Upon cancellation, termination for any reason whatsoever, Hostdeko is entitled to immediately delete or make inaccessible all stored data and to cancel all accounts of Client. Hostdeko is not obliged in that case to provide Client with a copy of this data. Furthermore, no refund of prepaid amounts takes place in case of cancellation or termination.
- Client can cancel a service via the MyHostdeko customer panel. Client may also cancel via email.
- If Client is a natural person who is not acting in the exercise of a profession or business, Client has the right to dissolve the Agreement without giving reasons within fourteen working days after conclusion, unless Hostdeko has already started the execution of the Agreement with the consent of Client
- within this period. Domain names are excluded from the fourteen working days cooling-off period, because domain names are personal in nature and then the cooling-off period does not apply.
- If Client does not fulfill any obligation resting on him from the Agreement, Hostdeko has the right to terminate all Agreements concluded with the relevant Client without a notice of default or judicial intervention being required and without prejudice to Hostdeko’s right to compensation for damage, lost profit and interest.
Article 20. Payment conditions
- Hostdeko will send an invoice to Client for the amount owed by Client. The payment term of this invoice is 14 days, unless indicated otherwise on the invoice or agreed otherwise in the Agreement. The invoice can be paid immediately by means of the payment methods indicated on the Website.
- Client can choose to pay by means of the Online Credit. Hostdeko will debit outstanding invoices from the Online Credit.
- Client agrees to electronic invoicing by Hostdeko.
- After the expiry of 14 days after the payment term, Client who does not pay in time is in default by operation of law without a notice of default being required. If a due amount is not paid within the payment term, the statutory interest is due on the outstanding invoice amount without further notice of default by Hostdeko.
- In case of late payment, Client is held, in addition to the amount due and the interest accrued thereon, to full compensation of both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
- The claim for payment is immediately due and payable in case Client is declared bankrupt, applies for suspension of payment or total seizure is made of assets of Client, Client dies and furthermore, if it goes into liquidation or is dissolved.
- In the above cases, Hostdeko also has the right to terminate or suspend execution of the Agreement or any part thereof not yet executed without notice of default or judicial intervention, without right to compensation for damages for Client that might arise from this.
Article 21. Confidentiality
- Parties will treat information they provide to each other before, during or after the execution of the Agreement confidentially when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. Parties also impose this obligation on their employees as well as on third parties engaged by them for the execution of the Agreement.
- Hostdeko will not take cognizance of data that Client stores and/or distributes via the systems of Hostdeko, unless this is necessary for a proper execution of the Agreement or Hostdeko is obliged to do so by virtue of a statutory provision or court order. In that case, Hostdeko will endeavor to limit the cognizance of the data as much as possible, insofar as this is within its power.
Article 22. Changes to General Terms and Conditions
- Hostdeko reserves the right to change or supplement these terms.
- Changes also apply with regard to Agreements already concluded observing a period of 30 days after announcement of the change on the Website of Hostdeko or via electronic messaging. Changes of minor importance can be implemented at any time.
- If Client does not want to accept a change in these terms, he can terminate the Agreement by the date on which the new terms take effect.
Article 23. Final provisions
- Dutch law applies to this Agreement.
- Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of this Agreement will be submitted to the competent Dutch court in Breda.
- If any provision from this agreement turns out to be void, this does not affect the validity of the entire Agreement. Parties will in that case establish (a) new provision(s) to replace it, with which as much as is legally possible is given shape to the intention of the original Agreement and General Terms and Conditions.
- Under “written” in these terms also falls email and communication by fax, provided the identity and integrity of the email or fax is sufficiently established.
- The version of any communication received or stored by Hostdeko, measurements made (for example data traffic, but not limited to this) and monitoring by Hostdeko, count as authentic, subject to proof to the contrary by Client.
- Parties always inform each other immediately in writing of any changes in name, postal address, email address, telephone number and if requested bank account number.
- Client is only entitled to transfer its rights and obligations from the Agreement to a third party with prior written permission from Hostdeko. Hostdeko can do this without permission from Client.