General terms and conditions

Below, you will find Easyhost's general terms and conditions. By entering into a professional relationship with Easyhost, all contact between EasyHost and its customers become subject to the present General terms and conditions of sale and delivery, unless otherwise agreed in writing between the parties.

1. Definitions

Instructing party: the natural or legal person with whom of which the agreement to deliver EASYHOST products and services is concluded.
Agreement: any mutual acceptance, be it in writing, via online order form or via e-mail, of the delivery of one or several EASYHOST products or services.

2. Applicability

Insofar as no written derogation of the conditions has occurred under mutual agreement between the parties, the articles below are applicable to all offers from, assignments of or agreements with EASYHOST.
The general terms and conditions of either the instructing party or a third party are non-binding and not applicable to EASYHOST.

3. Offer and acceptance

All offers and price quotes are provided without purchase obligation.
An offer or price quote made by EASYHOST has a validity term of 30 days, unless otherwise specified.

4. Start of the agreement

Either in writing;
or via a completed order form at the address order.easyhost.be;
or via any other electronic means (e.g. e-mail)

5. Duration and termination

The agreement is concluded for a duration agreed on between the parties. If no term has been agreed on, a duration of one year will be applicable.
At its expiry date, the duration of the agreement will be tacitly prolonged with a duration equal to the original duration, unless the instructing party or EASYHOST terminate the agreement with due observance of a 30 days' notice period prior to the expiry date of the period of interest.
EASYHOST is entitled to terminate the agreement immediately if the instructing party has failed to fulfill, in part or in full, one or several of its obligations to EASYHOST or displays conflicting behavior with regard to aforementioned obligations.
EASYHOST is entitled to immediately terminate the agreement without prior notice or legal intervention if the instructing party has been declared bankrupt, has requested or obtained a judicial settlement or has lost its capacity to freely manage its assets in one way or another. In these cases, the latter party will have no right to compensation.
EASYHOST is entitled to terminate the agreement immediately and without legal intervention if:
o The instructing party publishes or disseminates content that violates (inter)national laws and regulations;
o The instructing party disseminates information that violates generally accepted values;
o The instructing party disseminates information that is discriminating on the level of appearance, race, religion, gender, culture or origin or can be considered otherwise hurtful.

6. Delivery and delivery time

The delivery of the product or service of interest will be carried out as soon as possible after the agreement's starting date or at a later point in time, to be agreed on between parties.
If the agreed on delivery time is at risk of being exceeded, this will be communicated as soon as possible. If EASYHOST is confronted with an event of force majeure, the delivery time will be prolonged with the duration of said event. Excessive overrunning of the delivery time can be considered a valid reason to terminate the agreement.

7. Force majeure

In the frame of the agreement, events of force majeure are: all events considered events of force majeure by law and jurisprudence.
EASYHOST is not obliged to fulfill its obligations in the frame of the agreement if this is rendered impossible by an event of force majeure. The agreement will then be terminated.

8. Rates

All rates communicated by EASYHOST on its website as well as all agreed rates include 21% VAT, unless specified otherwise.
All rates communicated by EASYHOST on its website are subject to data entry errors on the website. If an incorrect price has been entered on its website, EASYHOST cannot be obliged to deliver its products at this price.
EASYHOST reserves the right to change its rates. The instructing party is entitled to terminate the agreement before the date of coming into effect of the change, insofar as the change applies to the rates applicable to the services delivered to the instructing party. The advance notice period is not applicable in this case.

9. Conditions of payment

The instructing party's obligation of payment comes into effect on the day that the agreement is closed. The payment refers to the period that starts on the day of the actual delivery of EASYHOST's products and services.
If the instructing party does not pay its invoice within 15 days after having received it, the instructing party will be notified of this fact and a new term of payment will be established. If the invoice remains unpaid after this second term of payment, the instructing party will be considered in breach of its obligations without prior notice. In that event, EASYHOST will be entitled to disconnect all delivered services.
If the instructing party considers that it has been unjustly charged, it may notify EASYHOST of its objections within 8 days after the invoicing date.
After having received the instructing party's objections, EASYHOST will hold an inquiry into the accuracy of the invoiced sum.
In case of dispute, only the Courts of Ghent have jurisdiction. exclusive

10. Liability

While performing its activities, EASYHOST is dependent of the collaboration with and services and deliveries of third parties on which EASYHOST cannot exert any influence. Therefore, EASYHOST cannot be held liable for any damage resulting from the relationship with EASYHOST or the dissolution thereof, regardless if the damage occurs or becomes visible during the relationship with EASYHOST.
The instructing party indemnifies EASYHOST of all possible damage claims third parties may invoke in relation to damage occurred because of the illicit or careless use of the products or services delivered by EASYHOST to the instructing party.
Considering the vast amount of relay points on internet that require human involvement and the use of local networks and wireless communication, one should take into account that information sent or received via internet is rather accessible. EASYHOST can therefore not be held liable for damages of any kind caused by sending confidential or secret information. EASYHOST is not to be held responsible for the protection or the abuse by third parties of stored data.
The instructing party is liable for all damage suffered by EASYHOST as a consequence of a failure ascribable to the instructing party to fulfill its obligations related to the agreement and the present terms and conditions.
Any modification of the instructing party's contact information must be communicated immediately and in writing to EASYHOST. If the instructing party does not fulfill this obligation, it will be held liable for possible damage suffered by EASYHOST as a result thereof.

11. Transfer of rights and obligations

Parties are not entitled to transfer the rights and obligations they have in the frame of an agreement to third parties without the prior written consent of the other party.

12. Disconnecting services

EASYHOST is entitled to (temporarily) disconnect delivered products and services and/or to restrict the use thereof if the instructing party fails to fulfill one of its obligations to EASYHOST or displays conflicting behavior with regard to the present general terms and conditions. EASYHOST will notify the instructing party in advance of its decision to disconnect unless this may reasonably not be expected from EASYHOST. The obligation to pay the due amounts will remain in vigor while the services or products are disconnected.
Systems and/or services will again be activated when the instructing party will have fulfilled its obligations within a term determined by EASYHOST and when the instructing party will have paid a pre-established reactivation fee.

13. About hosting and redirection services

Hosting accounts, servers and domain names can only be used for purposes that are not in violation of the Belgian law. EASYHOST does not endorse any liability whatsoever for the information placed on the server by the instructing party. The instructing party is entirely responsible for the information placed on the server. The content and the intention of text and images can in no case be discriminating or otherwise offensive. What is referred to as 'warez' sites and other sites that offer illegal software are also not allowed.
The use of scripts and other programs on EASYHOST's servers is allowed, as long as this does not endanger correct server operation. EASYHOST will be the sole judge of this. Also, the instructing party acknowledges that it will never perform actions that may be damaging on our servers.
Sending unsolicited promotional e-mails (SPAM) via EASYHOST's servers and network is not allowed, as is sending unsolicited promotional e-mails for a website/domain name hosted by EASYHOST. If this behavior persists after a warning has been issued, the instructing party's domain name, hosting account or server may be disconnected or entirely removed.

14. Modification of the conditions

EASYHOST reserves the right to modify or complete the present terms and conditions.
Modifications are also applicable to already closed agreements, insofar as a term of 30 days after the notification of the modification is respected before they come into effect.
If the instructing party does not want to accept these modifications, it is entitled to terminate the agreement before the date on which they will come into effect.

15. Settlement of disputes and applicable law

If one or several articles of the present terms and conditions are deemed invalid by judicial action, the validity of the other articles of these general terms and conditions will not be affected and EASYHOST and the instructing party will agree on new provisions that will replace the invalid or invalidated ones and that will approximate the objective and the intentions of the invalid or invalidated provisions as much as possible.
Only Belgian law will be applicable to the agreement.

19/02/2009

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