General Terms and Conditions Full Service Hosting
Article 1. Definitions
- Full Service Hosting: Full Service Hosting with its registered office in the Netherlands in the city of Utrecht and registered at the Chamber of Commerce under number 70645965.
- Client: the natural or legal person who has entered into an agreement with Full Service Hosting or to whom Full Service Hosting has provided a quotation thereto.
- General Terms and Conditions: the present document.
- Account: the online environment in the form of a customer panel which Full Service Hosting makes available to the Client after its creation by the Client itself, for the purpose of requesting, managing or configuring the Service(s).
- Online Wallet: the online environment which Full Service Hosting makes available to the Client for the purpose of managing payments related to the Service(s) through a balance deposited by the Clients.
- Space: the physical space as described in the Agreement or in its Annexes with the Client.
- Service: the specific service agreed between Full Service Hosting and the Client as specified in the Agreement or quotation.
- Agreement: the agreement between Full Service Hosting and the Client under which Full Service Hosting will perform the Service.
- SSL: Secure Sockets Layer (ensures a secure connection).
- Website: https://fullservicehosting.online, https://fullservicehosting.online or subdomains and other extensions.
- Registry: The organisation issuing domain names and managing a domain registry. For
example: SIDN (.nl), DNS Belgium (.be), EURid (.eu), Nominet (.uk) and VeriSign (.com and
Article 2. Electronic order, offer and acceptance
- The Agreement between Full Service Hosting and the Client is concluded when the Client places an electronic order through the Website, by Email, by Phone or through its Account. The payable amount will be indicated on the Website, and the Service description indicated on the Website is binding. Full Service Hosting may also prepare a quotation in which it indicates what the Service includes and which amount will be due upon acceptance.
- A quotation is without any obligation and valid for 7 days after sending by Full Service Hosting, unless otherwise specified in the quotation.
- If the information provided by the Client proves to be incorrect, Full Service Hosting shall be entitled to adjust the prices accordingly.
- These General Terms and Conditions shall apply to the Agreement at all times, unless expressly agreed otherwise in writing.
- Any provisions or conditions set by the Client that deviate from or do not appear in these
General Terms and Conditions are only binding for Full Service Hosting if and insofar as these have been accepted by Full Service Hosting in writing.
- Full Service Hosting is entitled to refuse a Client at its own discretion without stating any reasons.
- After acceptance, the Agreement may be amended only by mutual consent.
- The Agreement enters into effect the moment the Client’s notification of acceptance is received by Full Service Hosting.
- In case of contradictions between provisions of the Agreement, the General Terms and Conditions, other agreements or their annexes, the following order of precedence shall apply:
- the Agreement;
- any concluded data processing agreement;
- any concluded service level agreement;
- any annexes;
- these General Terms and Conditions;
- any supplementary conditions.
- Full Service Hosting ensures that the General Terms and Conditions are made available to the Client as andigitally downloadable document before and at the conclusion of the Agreement. The Client is responsible for saving and/or printing the General Terms and Conditions. Full Service Hosting is not obliged to keep an archived version of the General Terms and Conditions accessible.
Article 3. Performance of the Service
- Following the conclusion of the Agreement, Full Service Hosting will perform the Service in accordance with the quotation or electronic order as soon as possible.
- Insofar as not otherwise agreed in writing, Full Service Hosting will make every effort to perform the Service to the best of its abilities and with due care and professionalism.
- If and to the extent required for the proper performance of the Service, Full Service Hosting shall be entitled to have third parties perform certain activities.
- The Client is obliged to do and omit whatever is reasonably necessary or desirable to allow for a timely and proper performance of the Service. In particular, the Client shall ensure that all data, which Full Service Hosting indicates are necessary or that the Client should reasonably understand to be necessary to perform the Service will be provided to Full Service Hosting in a timely manner.
- Full Service Hosting is allowed to independently make changes to the material provided by the Client without prior permission of the Client.
- If this is part of the Service, Full Service Hosting will provide the Client with an administrator user name and password. These credentials will provide the Client access to the Account. The Client shall pay all fees, arising from the use of the service with an administrator user name and password.
- Any operation made via the Account of the Client shall be deemed to be made under the responsibility and risk of the Client. In case of suspected abuse of the Account, the Client must report this to Full Service Hosting as soon as possible toallow Full Service Hosting to take the corresponding measures.
- If the Client fails to comply with an obligation toward Full Service Hosting under the Agreement, or if it violates these Terms and Conditions, Full Service Hosting shall be entitled to make the provided products and services (temporarily) unavailable and/or restrict their use, or only provide them in a limited capacity or not at all.
Article 4. Changes in the Service
- All changes in the Service, either at the request of the Client, or because, for whatever reason, a different implementation is necessary, shall be considered additional work if they result in additional costs, and as less work if they result in lower costs. These costs will be invoiced to the Client accordingly.
- If, due to circumstances unknown at the time of the quotation or confirmation of the Service, Full Service Hosting must perform more work than was agreed, or if it needs to perform work under more difficult conditions than those known or reasonably expected at the conclusion of the Agreement, Full Service Hosting shall be entitled to charge the Client for the resulting additional costs.
- The entitlement specified in the previous paragraph is subject to the timely notification of the Client by Full Service Hosting regarding the aforementioned conditions and additional costs. If the Client does not agree to the additional costs, the Client will be entitled to cancel the part of the additional work that has yet to be performed, with the proviso that it will not be entitled to a refund or remission of the costs of the additional work already performed.
Article 5. Prices
- All prices are excluding turnover tax (VAT), unless indicated otherwise.
- All prices on the Website, quotations, brochures and other documents of Full Service Hosting are subject to programming and typing errors. Full Service Hosting accepts no liability for the consequences of such errors.
- Full Service Hosting is entitled to change its prices or services at any moment. These changes also can also apply to existing agreements.
- In the case that Client is not willing to accept the change, Client can inform Full Service Hosting in writing within two weeks after the announcement of the change. Full Service Hosting can then reconsider the change. If Full Service Hosting does not withdraw the change, Client may terminate the Agreement within seven days after this date.
- Full Service Hosting shall be entitled to raise prices annually by up to 10% (index), without the Client being allowed to terminate the Agreement concerned.
- All costs arising under the Agreement for Full Service Hosting, shall be borne by the Client, provided that they can be attributed to the Client.
Article 6. Hosting and related services
- If the Service (also) includes the services regarding the storage and/or transfer to third parties of material provided by the Client, as in the case of web hosting and email services, the stipulations of this article shall also apply.
- The Client is prohibited from using the Service to violate Dutch or other laws or regulations applicable to the Client or Full Service Hosting, or to violate the rights of others. This includes, in particular, but not exclusively, storage and/or (ordering the) dissemination of information offered without the permission of the copyright owner or owners, information that is defamatory, threatening, abusive, racist, hateful or discriminatory, information containing child pornography or information that violates the privacy of third parties or that constitutes any form of stalking, as well as hyperlinks, torrents or other references to such information on third party websites anywhere in the world (even if the information in the relevant jurisdiction would be legal).
- Full Service Hosting has a complaints procedure that allows third parties (“complainants”) to file a complaint if, in their opinion, there is such a violation. If Full Service Hosting considers a complaint justified, Full Service Hosting shall be entitled to remove the material or make it inaccessible. In such a case, Full Service Hosting shall also be entitled to provide the complainant or the competent authorities with the personal details of the Client. Full Service Hosting will inform Client of the progress of this procedure.
- If possible criminal information is involved, Full Service Hosting shall be entitled to report this to the police. Full Service Hosting may provide all relevant information on the Client as well as the violative information to the competent authorities and perform all other actions requested by these authorities within the framework of the investigation.
- In case of repeated complaints about information offered by the Client, Full Service Hosting shall be entitled to dissolve and/or terminate the Agreement.
- The Client shall indemnify Full Service Hosting for all damages resulting from the above. Full Service Hosting is not liable for any damage suffered by the Client as a result of the intervention by Full Service Hosting within the framework of the complaints procedure.
- The Client shall refrain from obstructing other Full Service Hosting customers or Internet users or causing damage to the servers. The Client is prohibited from starting up processes or programs, either via de server or otherwise, of which the Client knows or may reasonably suspect that this will harm or cause damage to Full Service Hosting, other Clients or Internet users (such as spam). Full Service Hosting will inform the Client of any measures, and any damage will be charged to the Client.
- The Client shall adhere to the generally accepted rules of conduct on the Internet as stipulated in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adjustments thereto.
- The Client is not allowed to disclose the user name or names or passwords provided by Full Service Hosting to third parties without the prior consent of Full Service Hosting.
- Full Service Hosting may impose a limit to the amount of storage space the Client may use as part of the Service. If this limit is exceeded, Full Service Hosting shall be entitled to charge an additional amount in accordance with the prices for additional storage space specified on the Website. Full Service Hosting is not liable for the consequences of not being able to send, receive, store or change data once the agreed storage space limit is reached.
- The Client hereby grants Full Service Hosting an unlimited license for the distribution of all the materials the Client wishes to distribute, store, transmit or copy using the Full Service Hosting systems, in any way deemed appropriate by Full Service Hosting, however, only to the extent that this is reasonably required for the performance of the Agreement by Full Service Hosting.
- If the Client purchases an SSL certificate from Full Service Hosting, the Client must declare it is familiar with the terms of the certification service provider (the party issuing the certificates). Full Service Hosting is not responsible for proper verification of the identity of the certificate holder. Furthermore, Full Service Hosting cannot guarantee the security level of the SSL certificate. The reason therefore is that this depends on the purpose for which the SSL certificate is used.
- The relevant certification service provider decides on the granting of the certificate. To this end, it will perform all validations for which the SSL certificate should apply, The Client gives consent to this, or warrants that consent will be given prior to applying for an SSL certificate Terms and for a specific website. The SSL certificate is valid for the agreed duration, unless the SSL certificate is revoked in the meantime. This is non-refundable.
- In addition to the obligations under the law, the Client is responsible for any damage caused by incompetence or failure to act in accordance with the above.
Article 7. Web hosting
- In addition to the provisions referred to in these General Terms and Conditions applicable to hosting and related services, the provisions set out in this article specifically apply to the web hosting service offered by Full Service Hosting.
- The web hosting packages it offers (https://fullservicehosting.online/hosting-plans), are so-called Full Service Hosting Plans
- As indicated on the Website, Full Service Hosting offers web hosting packages with an up-time guarantee of 99.9%.
- The percentages referred to in paragraph 3 of this article shall in no case apply in case of failures and/or force majeure as defined in Article 18.
- If the Client is not satisfied with the web hosting package, it will be refunded its money within 14 calendar days of the purchase without being required to state any reasons. This only applies to the purchase of a new web hosting package indicated on the Website.
- The provision of paragraph 5 of this article (refund of payment) shall not apply if the Client extends its web hosting package or if it concerns a customized package. This is entirely at the discretion of Full Service Hosting.
Article 8. Co-location
- If the Service (also) includes co-location services (the Client places equipment at Full Service Hosting), the stipulations of this article shall also apply.
- To the extent that this is not performed by Full Service Hosting under the Agreement, the Client will be granted access to the Space in order to install or maintain computer systems or other equipment (“Equipment”). When doing so, the Client shall adhere to the procedures set out by Full Service Hosting.
- The Client shall perform any work efficiently and professionally without disturbing Full Service Hosting or third parties.
- The Client shall follow all instructions provided by Full Service Hosting regarding access to the Space. Additional costs may be charged for access to the Space.
- Upon request, the Client will provide Full Service Hosting with all information and assistance it reasonably needs at its discretion for the provision of the Service. This includes any codes for software and manuals, as well as drawings and specifications of the Equipment.
- The Client shall keep the Equipment adequately insured. At the request of Full Service Hosting, the Client shall make a copy of the insurance policies available.
- If Full Service Hosting and the Client have agreed that customers of the Client are allowed to access the Space, the Client shall be responsible for its customers. Any obligations these customers fail to meet or damage caused on behalf of or by a customer of the Client will be charged to the Client.
- The Client shall not partially or entirely change the Space without prior written permission of Full Service Hosting. In the event of changes to the space made without the written consent of Full Service Hosting, Full Service Hosting shall be entitled to claim the Space be restored to its original condition, or have the Space restored to its original condition at the account and risk of the Client.
- The Client will guarantee that:
- The Equipment will not damage other equipment (including cables) or disturb or interfere with its operation;
- The equipment will comply with all applicable national and international regulations and applicable standards.
- Cabling in the data centre (including in shared racks and below the floors, but not limited thereto) will be installed only by Full Service Hosting, unless expressly agreed otherwise in writing. Only cabling within its own (private) racks will be provided by the Client.
- The Client guarantees that the use of the Space and the Equipment complies with the applicable laws and regulations at all times. Any registrations, licenses or (written) permissions the Client needs to use the Space or the Equipment must be provided or obtained by the Client at its own account and risk.
- The Client is at all times responsible for the acts or omissions by the employees or third parties it engages.
- Full Service Hosting is at all times entitled to inspect the Space.
- At the request of Full Service Hosting, the Client is obliged to accept a replacement space in the data centre or a different data centre, provided that the replacement space or data centre reasonably meets the requirements that also applied to the original Space or data centre. In such a case, the Client will deliver the original Space completely empty to Full Service Hosting. The relocation costs will not be reimbursed by Full Service Hosting.
- Full Service Hosting is entitled to move, turn off or remove the Equipment if unforeseen circumstances force it to do so, without being liable for damages to the Client, except in the case of intent or gross negligence on the part of Full Service Hosting.
- If the Client fails to comply with the Agreement, Full Service Hosting will be entitled to keep the control of the Equipment until the Client has met its (payment) obligations. Failure to do so within a reasonable period will entitle Full Service Hosting to take ownership of the Equipment of the Client. Full Service Hosting will then be entitled to deny the Client access to the Space. Even if the Agreement has been terminated, and there are still open invoices, Full Service Hosting has the right to keep control of the Client’s Equipment until all outstanding amounts have been paid to Full Service Hosting.
Article 9. Domain names and IP addresses
- If the Service (also) includes Full Service Hosting mediating for the Client in obtaining a domain name, the stipulations of this article shall also apply.
- Requesting, allocation and possible use of a domain name depend on and are subject to the rules and procedures of the corresponding registries, including the Foundation for Internet Domain Registration in the Netherlands (Stichting Internet Domeinregistratie Nederland). The relevant authority will decide on the allocation of a domain name. Full Service Hosting only acts as a mediator in the application and does not guarantee that a request will actually be honored.
- Unless indicated otherwise, the Client may only find out about the fact of registration through the Registry’s website, which states that the requested domain name has been registered as the property of the Client. An invoice for registration costs does not constitute a confirmation of registration.
- The Client shall indemnify and hold harmless Full Service Hosting for all damages related to (the use of) a domain name by or on behalf of the Client.
- Full Service Hosting is not liable for the loss of the Client’s right(s) to a domain name or the fact that the domain name has meanwhile been requested and/or obtained by a third party, except in cases of willful misconduct or gross negligence of Full Service Hosting.
- If Full Service Hosting registers a domain name in its name on behalf of the Client, Full Service Hosting will cooperate with requests from Client to relocate, transfer, lease, sell or cancel the domain name. Client must comply with the rules set by the registry to the request, allocation and use of a domain name.
- Full Service Hosting is entitled to make the domain name inaccessible or unusable, or to transfer it into its own name if the Client is demonstrably in default in the fulfillment of the Agreement, such however only for the time that the Customer is in default and only on expiry of a reasonable period for fulfillment stipulated in a written notice of default
- In the event of dissolution of the Agreement for breach of contract by the Client, Full Service Hosting shall be entitled to cancel the domain name subject to a notice period of one month.
- The IP addresses made available to the Client will remain in management by Full Service Hosting and cannot be transferred in case of a relocation/termination by the Client. Moreover, multiple Full Service Hosting customers may operate under the same IP address.
- Full Service Hosting shall at all times be entitled to change the IP address or assign a different address to the Client.
- In the event the Client does not renew a domain prior to the expiration date, all services related to the domain name will be suspended. For a period of 80 calendar days after the expiration date, the Client will have the option to renew the domain names for an additional fee of € 45,– + VAT by logging into the customer panel. After this period, these domain names will be removed from the Registry and made available for registration by third parties.
- The Client shall fully authorize and permit Full Service Hosting to make changes to the domain name.
Article 10. Connectivity
- The actual usage by the Client will be reviewed monthly. If the usage deviates from the expected package, the package may be adjusted retrospectively. An increase will be implemented immediately. A reduction can only be implemented at the end of the term of this Agreement.
- Data traffic is not transferable to the next month and/or other equipment, unless agreed otherwise.
- Data traffic shall mean all network traffic generated by the Client, both incoming and outgoing. For the calculation of the data traffic, the incoming and outgoing data traffic will beadded up.
- Full Service Hosting may impose a limit to the amount of monthly data traffic the Client may use as part of the Service. If this limit is exceeded, Full Service Hosting shall be entitled to charge an additional amount in accordance with the prices for additional data traffic specified on the Website. Full Service Hosting is not liable for the consequences of not being able to send, receive, store or change data once the agreed data traffic limit is reached.
Article 11. Availability of the Service
- Full Service Hosting will endeavor to achieve uninterrupted availability of its systems and networks, and to ensure access to data stored by Full Service Hosting.
- Full Service Hosting will endeavor to keep the software it uses up-to-date. However, Full Service Hosting depends on its supplier(s) for this. Full Service Hosting is entitled not to install certain updates or patches if, in its opinion, this does not benefit the proper provision of the Service.
- Full Service Hosting will endeavor to ensure that the Customer can use the networks that are directly or indirectly connected to the network of Full Service Hosting. However, Full Service Hosting cannot guarantee the availability of these (third party) networks at any time.
- Unless expressly agreed between the Client and Full Service Hosting, Full Service Hosting will not make any back-ups available to the Client. The Client is responsible for making back-ups of the data stored at Full Service Hosting.
- If, in the opinion of Full Service Hosting, the functioning of the computer systems or network of Full Service Hosting or third parties and/or services through a network is jeopardized, in particular, due to the excessive sending of e-mail or other data, poorly secured systems or viruses, trojans and similar software, Full Service Hosting will be entitled to take all measures it deems reasonably necessary to avert or prevent this risk.
Article 12. Liability
- The liability of Full Service Hosting for direct losses suffered by the Client as a consequence of an attributable shortcoming by Full Service Hosting in the performance of its obligations under this Agreement, expressly including any shortcoming in the performance of a guarantee obligation agreed with the Client, or as a result of a wrongful act of Full Service Hosting, Full Service Hosting’s employees or third parties engaged by Full Service Hosting, is limited per event or series of connected events to an amount equal to the payments the Client owes under this Agreement per year (exclusive of VAT). Under no circumstances, however, shall the total compensation for direct losses amount to more than EUR 500,– (exclusive of VAT).
- Unless it concerns a case of intent or gross negligence, the total liability of Full Service Hosting for damage through death or bodily injury or for material damage to objects shall in no case exceed the amount the insurance of Full Service Hosting will pay. If the insurance does not pay out, the liability will be limited to an amount of EUR 1.000,– per damaging event, a series of connected events is regarded as one event.
- Full Service Hosting’s liability for indirect damages, including consequential damages, lost profits, lost savings, loss of (business) data and loss due to business interruption are excluded.
- Except for the cases referred to in Article 12 (1) and (2), Full Service Hosting will in no way be liable for damage compensation, regardless of the grounds on which a claim for damages is based.
The maximum amounts specified in Article 12 (1) and (2) shall also apply if and insofar as the damage is the result of intent or gross negligence of senior management staff of Full Service Hosting.
- The liability of Full Service Hosting for attributable shortcomings in the performance of the Agreement only arises if the Client gives Full Service Hosting immediate and proper notice of default, stating a reasonable period to remedy the breach, and Full Service Hosting fails imputably in the performance of its obligations even after this period has expired. To allow Full Service Hosting to respond adequately, the notice of default must contain the most detailed possible description of the shortcoming.
- Full Service Hosting is never liable for damage caused by force majeure.
- The Client indemnifies Full Service Hosting against all third party claims for damages due to a shortcoming in the Service the Client provides to a third party and which included goods provided by Full Service Hosting, be it materials or results.
Article 13. Failures and force majeure
- Full Service Hosting has the right to temporarily take its systems, including the Website, or parts thereof out of service for the purposes of maintenance, modification or improvement. Full Service Hosting shall attempt to arrange for its systems to be taken out of service outside office hours whenever possible and shall make every effort to notify the Client of the scheduled interruption in a timely manner. However, under no circumstances is Full Service Hosting liable for compensation for losses in connection with taking its systems out of service for these purposes.
- Full Service Hosting has the right to modify its systems, including the Website, or parts thereof from time to time to improve the functionality and to rectify faults. If a modification leads to a significant change in functionality, Full Service Hosting will endeavor to inform the Client thereof. In the event of modifications that are relevant for several clients, it is not possible to forgo a given modification just for the Client. Full Service Hosting is not liable for any compensation of losses caused by such a modification.
- In the event of the non-availability of the Service, due to failures, maintenance or other causes, Full Service Hosting shall make every effort to inform the Client of the nature and the expected duration of the interruption.
- In the event of force majeure, which shall in any event include faults or failure of the Internet, the telecommunications infrastructure, SYN flood, network attacks, DoS or DDoS attacks, power failures, internal civil commotion, mobilization, war, obstruction in transport, strike, lockout, business disruptions, delay in supply, fire, flood, import and export impediments and in the event that Full Service Hosting is prevented from supplying through its own Suppliers, irrespective of the reasons therefor, as a result of which performance of the Agreement cannot reasonably be required of Full Service Hosting, the performance of the Agreement shall be suspended, or the Agreement shall be terminated in case the force majeure situation has lasted more than 30 calendar days, all this without any obligation to pay compensation.
Article 14. Duration and termination
- If the Service is intended to periodically provide services for a certain period, the Agreement shall be deemed to be entered into for a minimum period of twelve months, unless otherwise indicated on the Website or agreed otherwise. If no cancellation with the observance of a one-month notice period takes place via the Account on the Website, the Agreement will be tacitly renewed for an equal period, unless otherwise agreed.
- The Client can activate the automatic renewal via the Account (by default, this is set to “off”), in which case the product will be renewed 30 days before the expiration date. 3. If the Client is a natural person who is not acting in the exercise of a profession or business, the Client may dissolve the Agreement at any time after the tacit renewal. The termination will take effect one month after receipt of the termination notice. A “One-month” notice period means at the latest the day with the same number in the next month.
- In case of cancellation or termination for whatever reason, Full Service Hosting will be entitled to immediately delete all stored data or make them inaccessible as well as eliminate all Accounts of the Client. In such a case, Full Service Hosting is not required to provide the Client with a copy of these data. Moreover, no refund of advance payments will be made in the event of cancellation or termination.
- The Client can notify the termination through the same channel used to conclude the Agreement. The Client can also cancel the Agreement via the Website, using the Customer Panel, or via e-mail.
- If the Client is a natural person who is not acting in the exercise of a profession or business, the Client is entitled, without stating reasons, to dissolve the Agreement within fourteen calendar days of its conclusion, unless Full Service Hosting has already started on the performance of the Agreement within this period with the consent of the Client. Agreements for domain registrations, domain transfers and domain renewals cannot be dissolved because the Client instructs Full Service Hosting to the immediate performance of the Agreement.
- If the Client fails to comply with any of its obligations under the Agreement, Full Service Hosting has the right to terminate all the Agreements concluded with the Client concerned without notice of default or judicial intervention being required and without prejudice to the right of Full Service Hosting to compensation for losses, loss of profits and interest.
- Full Service Hosting will also be entitled to terminate the Agreement with immediate effect and without any obligation to pay damages, if the Client has applied for suspension of payments, has filed for bankruptcy or if bankruptcy of the Client is filed, claimed or declared, or if the Client offers its creditors a private agreement.
Article 15. Payment terms
- Full Service Hosting shall send the Client an invoice for the amount owed by the Client. The payment of this invoice is 14 calendar days, unless otherwise indicated on the invoice or otherwise agreed in the Agreement. The invoice can be paid directly using the payment methods indicated on the Website.
- Full Service Hosting may require certain Services to be paid by direct debit. This requires the Client authorizing Full Service Hosting. If the Client cannot meet this requirement, Full Service Hosting will be entitled to charge additional fees for this.
- In the event the direct debit fails, the Client will be informed thereof and Full Service Hosting will be entitled to charge the Client administration costs of 25 euros.
- The Client agrees to electronic invoicing by Full Service Hosting.
- After the expiry of 14 calendar days after the payment term, the Client who has not paid in time will be in default by operation of law, without a notice of default being required. If the outstanding amount is not paid within the payment term, statutory interest will be charged over the outstanding amount without further notice of default by Full Service Hosting.
- In the event of overdue payment, the Client, in addition to the amount owed and the interest thereon, is obliged to make reimbursement in full of both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.
- The action for payment is immediately due and payable in the event the Client is declared bankrupt, applies for suspension of payment or total attachment orders are placed on assets of the Client, the Client dies and furthermore, if the Client goes into liquidation or is dissolved.
- In the above cases, Full Service Hosting also has the right to terminate or suspend performance of the Agreement or any part thereof not yet performed without notice of default or judicial intervention, without any right to compensation of losses for the Client that might arise as a result.
- In case of late payment, collection fees will be charged The minimum collection fee is € 50,–.
Article 16. Confidentiality
- The Parties shall treat information that they provide each other before, during or after the performance of the Agreement confidentially if this information is marked confidential or if the receiving Party knows or should reasonably suspect that the information was intended to be confidential. The Parties shall also impose this obligation on their employees and third parties engaged by them for the performance of the Agreement.
- Full Service Hosting shall not take cognizance of data the Client stores and/or distributes using the systems of Full Service Hosting, unless this is necessary for proper performance of the Agreement or if Full Service Hosting is required to do so under a statutory provision or court order. In this case, Full Service Hosting will make every effort to limit the cognizance of the data as far as possible, to the extent that this lies within its power.
Article 17. Changes to the General Terms and Conditions
- Full Service Hosting reserves the right to change or supplement these General Terms and Conditions.
- Any changes shall also apply in respect of Agreements already concluded subject to a period of 30 days following publication of the change on the Website of Full Service Hosting or by electronic communication. Changes of minor importance may be implemented at any time.
- If the Client does not accept a change in these Terms and Conditions, it can terminate the Agreement up to the date on which the new Terms and Conditions enter into effect.
Article 18. Final provisions
- This Agreement is governed by Dutch law.
- Unless otherwise stipulated by the mandatory rules, all disputes that may arise from this Agreement shall be submitted to the District Court for in Utrecht.
- If any provision of this agreement proves to be invalid, this shall not affect the validity of the Agreement as a whole. The Parties shall in that case lay down (a) new provision(s) by way of replacement, which, to the extent by law, will reflect the intention of the original Agreement and General Terms and Conditions.
- The term “in writing” in these General Terms and Conditions includes e-mail and communication by fax, provided that the identity and integrity of the e-mail or fax are duly established.
- The version of any communication, measurements made (including, but not limited to data traffic) and monitoring by Full Service Hosting received or stored by Full Service Hosting shall be considered as authentic, subject to evidence to the contrary to be provided by the Client
- The Parties shall inform each other immediately in writing of any changes in name, postal address, e-mail address, telephone number and, upon request, the bank account number.
- The Client is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior written consent of Full Service Hosting. Full Service Hosting is entitled to do this without the consent of the Client.
Appendix I: Processing personal details
- If, in performing the Services, the Contractor is to process personal data, under article 14 of the Dutch Data Protection Act (Dutch translation: ‘Wet bescherming persoonsgegevens’, “Wbp”), the Contractor and the Client are required to assume obligations in respect of the data processed by the Contractor for the purpose of safeguarding the technical and organisational protection measures pertaining to the data to be processed. In the absence of a separately agreed, detailed ‘data processing agreement’ the provisions set out in this article apply as obligations within the meaning of the Wbp.
- For duration of the Agreement, Contractor solely processes the personal data under the supervision of Client and solely for the purpose of making available its Services. Client shall be regarded as the controller, and Contractor as the processor.
- The personal data, of the data subjects, that can be processed by Contractor in this regard, are further specified within the Agreement.
- In case, within the meaning of these General Terms and Conditions, or within the Agreement,the Wbp is referred to, from the 25th of May 2018 onwards, the corresponding provisions of
the General Data Protection Regulation (“GDPR”) are meant.
- The Contractor shall, to the best of its ability, make reasonable efforts to have sufficient technical and organisational measures in place with regard to the processing of personal data, and will endeavour to meet the security at a level that is not unreasonable, considered the state of the technology, the sensitivity of the data and the costs involved in making the security arrangements.
- The Contractor shall ensure that all persons acting under its authority, insofar as they have access to personal data from Client, will only process such personal data on the Client’s instructions.
- The Contractor is allowed to process the personal data in countries within the European Union. In addition, Client grants Contractor its approval to process the personal data within a country outside the European Union, in compliance with the relevant applicable laws and regulations. Upon request, Contractor shall notify Client as to which country or countries outside the European Union the personal data is being processed in.
- Client, hereby, grants Contractor its approval to engage third parties for the processing of personal for performance of the Services, considering the relevant applicable laws and regulations. Upon request of Client, Contractor shall in any event ensure that such third parties will be obliged to agree in writing to the same duties that are agreed upon between Client and Contractor, and will take care of correct authorizations. Contractor shall inform Client upon request about the third parties engaged. Client has the right to object against any, by Contractor, engaged, third parties. In case of objection by Client, Client and Contractor will try to come to an agreement to solve this situation.
- The Client guarantees and warrants that it will enter personal data or otherwise make it available to the Contractor only in a manner that is fully compliant with the applicable laws and regulations and does not infringe any rights of a third party. In this context, Client indemnifies Contractor of all claims and actions related to the processing of personal data.
- If the Client is required by a legal obligation or exercise of the legal rights by one of the data subjects, to extract, adjust, transfer, delete or hand over personal data stored in the Contractor’s systems, the Contractor will facilitate this activity to the best possible extent. The costs for the relevant activities may be invoiced separately. Where a data subject directly submits a request to Contractor to exercise one of its legal rights, Contractor will forward this request to Client. Client will then deal with this request independently.
- Client has the right to conduct an audit, by an independent third party who shall be bound to confidentiality, to control compliance of Contractor with this article A.11. This audit may only be undertaken when there are specific grounds for suspecting the misuse of personal data by Contractor. The by Client initiated audit, will take place two weeks after Client has provided Contractor with written notice about this. The costs of the audit will be borne by Client.
- All personal data received by Contractor from Client and/or compiled by Contractor for performance of the Services is subject to a duty of confidentiality vis-à-vis third parties. This duty of confidentiality will not apply in the event that Client has expressly authorised the furnishing of such information to third parties, where the furnishing of the information to third parties is reasonably necessary for performance of the Services, or if there is a legal obligation to make the information available to a third party. If Contractor is legally required to provide information to a third party, Contractor shall inform Client of this immediately to the extent permitted by law.
- The Client, as the controller within the meaning of the Wbp, is at all times responsible for reporting a data breach (by which is meant: a security breach of personal data that leads to a serious risk of adverse effects, or has serious negative consequences for the protection of personal data) to the relevant supervisory authority(ies) and/or the data subjects. In order to enable the Client to comply with this legal obligation, the Contractor shall inform the Client as soon as possible and ultimately within forty-eight (48) hours after discovery of the data breach. If there is any legal obligation or requirement for Contractor to assist Client, Contractor will assist Client in informing the relevant supervisory authority and/or data subjects.
- The duty to report the data breach includes in any event the duty to report the fact that a breach has occurred including, for as far as known by Contractor, the following details:
- the date at which the breach has occurred (the period in which the breach occurred suffices in case the Contractor is unable to determine the exact date at which the breach occurred);
- the (suspected) cause of the breach;
- the date at which the breach has become known by Contractor, or by any engaged third party;
- the number of individuals who are or may be affected by the breach (a minimum and maximum number of affected individuals suffices in case the exact number cannot be determined);
- a description of the group of individuals who are or may be affected by the data breach, including the type of personal information which has been breached;
- whether the personal data has been encrypted, hashed or in any manner has been made incomprehensible or inaccessible to unauthorized individuals;
- the proposed and or taken measures to end the breach and to limit its consequences;
- information about the first point of contact regarding the notification.
- Upon expiration of the Agreement, Contractor shall delete or return the personal data referred to in this article point 3, upon choosing of Client
Processor Agreement Full Service Hosting
This Processor Agreement applies to all forms of Personal Data Processing that Full Service Hosting, hereinafter referred to as “Full Service Hosting”, established in Utrecht, registered with the Chamber of Commerce under number 70645965, (hereinafter: Processor) executes for the benefit of another party to whom it provides services (hereinafter: Controller).
Hereinafter referred to collectively as “Parties”;
Taking into consideration that:
- Parties have entered into an agreement with regard to hosting services and domain name registrations,hereinafter referred to as “Agreement”. For the execution of the Agreement, Processor will process Personal Data for the benefit of the Controller;
- Parties wish to treat the Personal Data that will be processed for the performance of the Agreement with care and according to the GDPR and other applicable laws and regulations regarding the Processing of Personal Data.
- In accordance with the GDPR and other applicable laws and regulations concerning the Processing of Personal Data, the Parties wish to record their rights and obligations with respect to the Processing of Personal Data of the Concerned in writing in this Processor Agreement.
- Only the Controller determines the purpose of and the means for the Processing of Personal Data. The Processor has no influence on this;
Have agreed as follows:
1.1. Concerned: person to whom Personal Data relates.
1.2. Data Breach: a security breach of Personal Data that has serious adverse consequences for the protection of Personal Data.
1.3. Employees: the persons engaged by the Parties for the implementation of this Processor Agreement, who will work under their responsibility.
1.4. Personal Data: any information regarding an identified or identifiable natural person. Pseudonymized Personal Data (traceable) are also included.
1.5. Sub processor: a third party that is engaged by the Processor to process Personal Data, without being subject to the direct authority of the Processor.
1.6. Controller: responsible for the Processing within the meaning of the Dutch Personal Data Protection Act (Wbp) and/or European regulations and directives with regard to the protection of Personal Data (GDPR).
1.7. Processor: the person who processes Personal Data for the benefit of the Controller without being subject to his direct authority.
1.8. Processing: any act or acts relating to Personal Data, including collecting, recording, organizing, storing, updating, amending, retrieving, consulting, using, providing by means of forwarding, distributing or any other form of posting, linking together, as well as the protection, erasing, or destruction of data.
2.1. If the Processor has access to the Personal Data only, without an obligation to process these, the Processor will observe both the national and international laws and regulations relating to Personal Data and the provisions of this Processor Agreement, if and insofar the Controller has emphasized the presence of Personal Data and the place (path) where these Personal Data are located.
2.2. If the Processor has committed to the Processing of Personal Data in the Agreement, Processor will do this with great care and in accordance with the purposes of the Processing. Processor will also observe the national and international laws and regulations regarding Personal Data and the provisions of this Processor Agreement, if and insofar the Controller has emphasized the presence of Personal Data and the place where these Personal Data are located.
- Obligations of the Controller
3.1. The Controller will inform Processor about any changes regarding the Processing (if applicable) and any consequences in a timely matter, in general within 10 working days.
3.2. Controller guarantees that the assignment for the Processing of Personal Data (if applicable) is not unlawfuland does not infringe the rights of third parties.
4. Obligations of the Processor
4.1. Processor will only view and/or process the Personal Data if and insofar this is necessary for the implementation of the Agreement and will follow all reasonable instructions of the Controller.
4.2. Processor will not store the Personal Data at a location outside the European Economic Area. For domain registrations, it may be necessary to pass on Personal Data to countries outside the European Economic Area. This is then limited to what is required by the relevant registry.
4.3. Processor warrants that its Employees shall comply with the provisions of this Processor Agreement, if and insofar as they are involved in the Processing of Personal Data in any way. The Employees of the Processor are bound by an obligation of secrecy.
4.4. Processor has appointed a data protection officer.
4.5. At the first request of the Controller, Processor will immediately hand over or destroy all copies of Processed Personal Data, originating from or processed on the behalf of the Controller.
4.6. Processor will take appropriate technical and organizational security measures to protect the Personal Data against loss and unlawful Processing. Taking into account the state of technology and the costs of its implementation, these measures guarantee an appropriate level of security in view of the risks involved in the Processing and the nature of the data to be protected.
4.7. Processor maintains a register of all categories of Processing activities that he has carried out for the Controller.
4.8. Processor shall provide Controller with full and timely cooperation to allow the Concerned to inspect their Personal Data, to have their Personal Data deleted or corrected, and/or to show that these Personal Data have been removed or amended. If the Controller disputes the position of the Concerned, he needs to record that the Concerned regards his Personal Data as incorrect.
4.9. The Processor takes adequate internal management measures to fulfill the obligations arising from this Agreement and records them in a way that makes it easy to monitor compliance. With the Processing of Personal Data, activities and incidents relating to the Personal Data are recorded in log files.
4.10. At the Controllers’ instructions, the Processor will cooperate with encryption and pseudonymization of Personal Data. If this results in higher costs for the Processor, the Controller will reimburse these costs.
4.11. Once a year, the Controller may have the Processing of Personal Data checked for correct compliance with the Processor Agreement by means of an investigation by an independent register EDP-Auditor. The Auditor has an obligation of secrecy. The Auditor will report to the Controller in general terms, but will not disclose any details of the security measures taken. The costs of the investigation will be charged to the Controller.
4.12. The content and scope of the assignment for Processing and the fee to be paid is in accordance with what has been agreed to in the Agreement. Processor will follow instructions of the Controller regarding the Processing and/or storage of Personal Data.
5. Sub processor
5.1. The Processor can outsource the implementation of the Processor Agreement wholly or partly to a Sub processor. At all times, the Processor remains the point of contact for the Controller and remains responsible for compliance with the provisions of this Processor Agreement.
5.2. The Processor will impose the same obligations on the Sub processor as arising from this Processor Agreement for itself. The Processor will record this in writing in a contract and supervise compliance by the Sub processor. The Processor takes full responsibility towards the Controller for the consequences of outsourcing work to a Sub processor.
5.3. The outsourcing of domain name registrations is an exception to articles 5.1 and 5.2. Depending on the Top-Level Domain, Personal Data may be made public and/or the Processor cannot guarantee the security of Personal Data.
6. Transmission of Personal Data
6.1. The Processor is not permitted to provide Personal Data to Parties other than the Controller, except for a legal obligation or for the Agreement with the Controller.
6.2. If the Processor has to provide Personal Data for a legal obligation, the Processor will:
- verify the basis of the request and the identity of the requester and inform the Controller of this matter before the provision;
- limit the provision to what is legally required;
- enable the Controller to exercise the rights of the Controller and Concerned and defend the
- interests of Controller and Concerned;
- provide the data to the Concerned in a structured, common, and machine-readable form.
7.1. Controller and Processor take appropriate technical and organizational measures to ensure a risk-adapted level of security, so that the Processing complies with the requirements of the GDPR and other applicable laws and regulations regarding the Processing of Personal Data, and the protection of the rights of the Concerned are guaranteed. The security measures taken by Processor are included in Appendix A.
7.2. Controller and Processor strive to secure Personal Data and keep it safe from intruders and from external calamities as well as against careless Processing, unauthorized provision or unauthorized disclosure and loss, destruction or damage. Both Parties ensure that their IT facilities and equipment are physically protected from unauthorized access and against damage and malfunctions. They take measures to prevent unauthorized access to information systems.
7.3. Controller and Processor will continuously monitor whether the Processing systems continue to meet adequate requirements of confidentiality, integrity, availability, and resilience (quick recovery after temporary unavailability).
7.4. If the Controller submits a written request, the Processor will take extraordinary measures with regards to the designated (categories of) Personal Data for the security and/or confidentiality. If this results in higher costs for the Processor, the Controller will reimburse these costs.
8. Data Breach
8.1. If the Processor is dealing with a Data Breach, the Processor will report this immediately to the Controller, but in any case, within 24 hours. The Processor will state the nature of the Data Breach, the (alleged) consequences of the breach, and the measures taken to remedy or limit the impacts.
9.1. All information from the Controller and its customers are confidential and will be treated as such by the Processor. The Processor is obliged to confidentiality of all Personal Data, and the processed information or of which Processor becomes aware in the context of the Agreement or this Processor Agreement.
9.2. The confidentiality does not apply to information:
Which is publicly known without this disclosure being the result of an unlawful act;
- Of which release is required as a result of any legal provision or court order, on the condition of prior written notification of the revealing Party to the Party whose information it concerns;
- That has been independently developed by a Party;
- That has been in possession already by a Party without any obligation of confidentiality.
- After the termination of this Processor Agreement, this article and the confidentiality obligation set
- herein will remain in effect.
10. Intellectual property
10.1. The Controller (or a Customer of the Controller) holds all intellectual property rights, including copyright, database rights, and all other intellectual property rights as well as similar rights to the protection of information such as the collection of data and Personal Data, copies or edits thereof.
10.2. The Processor holds all intellectual property rights, including copyright, database rights, and all other intellectual property rights as well as similar rights to the protection of information on the products and services of Processor.
11. Liability and insurance
11.1. The Processor is not liable for damage and fines that are incurred by the Controller as a result of Processors’ failure to comply, or breach of the regulations under or pursuant to the Dutch Personal Data Protection Act and/or European regulations and directives regarding the protection of Personal Data and/or other laws and regulations in this area and/or this Processor Agreement.
11.2. If liability has been established by competent authority, the liability of the Processor for damage suffered by the Controller and/or forfeited fines as referred to in Article 11.1 is limited to €1000 per event.
11.3. Controller safeguards Processor from claims from third parties (in particular Concerned) and any damage as a result thereof, based on failure to comply with regulations under or pursuant to the Personal Data Protection Act and/or European regulations and directives with regard to the protection of Personal Data and/or other laws and regulations in this area and/or this Processor Agreement.
12. Duration and termination
12.1. The Processor Agreement shall take effect when the general terms and conditions are accepted.
12.2. The provisions on duration and termination of the Agreement shall be deemed to be provisions on the duration and termination of the Processor Agreement. When for whatever reason the Agreement ends, the Processor Agreement ends as well.
12.3. In the event of termination of the Processor Agreement, the Processor will transfer all Personal Data to the Controller or destroy all the Personal Data in possession of the Processor at the explicit written request of the Controller.
12.4. Obligations that, due to their nature, are intended to continue after the termination of the Processor Agreement, continue to be applicable after termination. These obligations include the provisions concerning confidentiality, transfer and disposal, liability and applicable law.
13.1. Each Party may dissolve the Agreement wholly or partially if the other Party fails attributable in the fulfillment of the Processor Agreement and when the shortcoming has not been remedied after a default notice, notwithstanding the right to compensation.
13.2. Either Party may terminate all or part of this Agreement, with immediate effect, if the other Party is granted a suspension of payment if bankruptcy is requested for the other Party, if the company of the other Party is liquidated or terminated other than for reconstruction or merging of companies.
14.1. Modifications to this Agreement or additions shall be agreed on in writing between the Processor and the Controller. Changes or additions are recorded in an addendum to this Agreement and are binding if both Parties have signed this addendum.
14.2. When an attempt to resolve any disputes in mutual consultation has been rendered ineffective, any conflicts resulting from this Agreement will be settled by arbitration under the rules and procedures of the Dutch Arbitration Institute, where the arbitrator(s) will apply Dutch law.
Appendix A – Security measures
The minimum measures met by Processor:
- The Processor upholds a policy paper that explicitly addresses the measures taken by the Processor to protect the Processing of the data, as well as to guarantee privacy.
- The Employees of the Processor that are involved with Processing Personal Data are bound to an obligation of confidentiality or an integrity code. If applicable, a screening took place prior to the employment.
- All Employees of the company and (if applicable) hired staff and external users, receive suitable and regular training on the information security policies and the information security procedures of the organization, as far as relevant for their function. During the training, explicit attention is devoted to the handling of Personal Data.
- IT facilities and equipment are physically protected against unauthorized access, damage, and malfunctions.
- Procedures are in place to allow authorized users to access the information systems and services they need for the performance of their duties and to prevent unauthorized access to information systems.
- Adequate encryption must always be applied when transporting confidential information, explicitly designated as such by the Controller, over networks.
- An up-to-date key plan is applicable for the management of certificates and the associated keys, in which powers and segregation of duties are guaranteed.
- Procedures are in place for the acquisition, development, maintenance, and destruction of data and information systems.
- The activities performed by users (regarding Personal Data) are recorded in log files. The same applies to other relevant events, such as attempts to gain unauthorized access to Personal Data and disruptions that may lead to destruction or loss of Personal Data. Custom logging of specific data is possible through a quote.
- Security measures are built into all application systems, including adequate access control.
- The network and the information systems are actively monitored and managed. There’s also a procedure to handle any Data Breaches. Informing the Controller is a part of this.
- The Processor installs solutions for security breaches from suppliers in a timely manner. All this only if and insofar the relevant software has been/is delivered, used, or maintained by the Processor for the benefit of the Controller.
- Procedures are in place for timely and effective treatment of incidents with information security and vulnerabilities in security as soon as they are reported.
- The Controller reports Data Breaches that are subject to a regulatory reporting obligation to the relevant supervising authority (usually the Data Protection Authority