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General Terms and Conditions of LiteServer B.V.

1. Definitions.

In these General Terms and Conditions the terms referred to have the following meaning:

  1. Supplementary Services: the services offered by LiteServer B.V. besides the Colocation Services, Hosting Services and Domain Name Services, which services are further specified in the Agreement.
  2. Account: personal section in the customer panel, created and managed by the Customer.
  3. Retention periods: the respective periods included in “Chapter 8 “Asset Management” of LiteServer’s Information Security manual;
  4. Continuity arrangement: the set of technical and legal measures taken to ensure the continuity of the agreed services.
    The continuity arrangement may involve:

    1. the software source code,
    2. the continuity of the hardware,
    3. the suppliers,
    4. the management,
    5. the data connected to the agreed services.

Subject to the technical and legal structure of the Services, customised solutions are available to Business customers within the Cloud continuity arrangement.

  1. Colocation Service: the non-exclusive, non-transferable, non-sublicensable right LiteServer B.V. grants the Customer to install – and keep installed – Computer Equipment in the Colocation Room, as from the Placing-in-service Date until the end of the Agreement.
  2. Colocation Room: the room within the racks managed by LiteServer B.V. where the Computer Equipment will be during the Agreement and where LiteServer B.V.’s own equipment is also placed.
  3. Computer Equipment: the telecommunications equipment that will be installed by the Business Customer in the racks LiteServer B.V. disposes of in a data centre during the term of the Agreement.
  4. Services: the services offered by LiteServer B.V., including Colocation Services, Hosting Services, and Domain Name Services, as well as the Supplementary Services as defined in the quotations of LiteServer B.V. and the Agreement.
  5. Domain Name Service: the service where LiteServer B.V. registers domain names by order of – or for use by – the Customer and continues to do so.
  6. Downtime: an interruption or suspension of the Service having a negative effect on the use of the Service by the Customer.
  7. Customer: both business customers and consumers.
  8. Consumer: the natural person with whom a contract for the supply of services of LiteServer B.V. is closed by agreeing to the terms and conditions during the ordering process.
  9. Business Customer: the natural or legal person who is registered in the country of establishment as an entrepreneur and with whom in addition to the contract for the supply of services by LiteServer B.V. – which is closed by agreeing to the terms and conditions during the order process – also a written contract for the supply of services and a processor agreement is concluded.
  10. Placing-in-service Date: the date on which LiteServer B.V. for the first time enables the Client to use the Services as specified in the Agreement.
  11. Hosting Service: service in which information and files are stored for the Consumer made accessible to the Customer through the Internet.
  12. Installation Date: the date on which LiteServer B.V. offers the Business Customer the possibility to install Computer Equipment in the Colocation Room.
  13. Intellectual Properly Rights: all rights of intellectual property and related rights, such as copyright, trademark, patent right, design right, trade name right, database right and neighbouring rights, as well as rights to know-how(*1) and front-line performances.
  14. LiteServer B.V.: the private limited company LiteServer registered with the [Dutch] Chamber of Commerce under number 69510776.
  15. LiteServer Holding B.V.: the private limited company LiteServer Holding registered with the [Dutch] Chamber of Commerce under number 69499578.
  16. LiteServer Equipment: the racks, server rooms, footprints, cages, cables and all other equipment of LiteServer Holding B.V. in the Colocation Room in the data centre.
  17. LiteServer Data Centre: one of the data centres where LiteServer Holding B.V. disposes of a rack space and from where LiteServer B.V. will provide its Services to the customer.
  18. Managed web hosting: setting up, optimising and managing the hosted infrastructure by LiteServer B.V.
  19. Materials: work such as websites, branding, logos, images, audio, video, software, scripts, designs, documentation, analyses, recommendations, reports, quotations, as well as preparatory materials thereof.
  20. Wrongful act: an act or omission committed by a party with which that party causes damage to another party illegally or inappropriately, including but not limited to the list referred to in Article 10.2 of these General Terms and Conditions.
  21. Agreement: the agreement concluded between the parties during the order process in respect of the supply of services by LiteServer B.V.
  22. Parties: LiteServer B.V. and the Customer.
  23. TTP: (Trusted Third Party) a trusted third party that has source code, data certificates and keys for connected parties in its custody in the context of the agreed Continuity Arrangement. The TTP preserves the source code of software, original data files and passwords and settings of applications.
  24. Requirements: the requirements LiteServer B.V. by any means communicated to the customer which the Customer must observe with regard to the Services provides, including but not limited to technical requirements, minimum requirements, house rules and specifications.
  25. Confidential Information: all information, in any form whatsoever – in writing, orally, electronically or tangible – including but not limited to software, (source) code, programs, applications, customer information, know-how, technical specifications and documentation.
  26. Data processing agreement : the written agreement as referred to in Article 28 (3) of the General Regulation on Data Protection (GDPR) binding LiteServer B.V. pertaining to the controller and specifying the subject matter and the duration of the processing, the nature and purpose of the processing, the type of personal data and the categories of parties involved, as well as the rights and obligations of both the controller and the processor.
  27. Controller: the natural or legal person who or which determines the aim and the means of the processing of personal data which are processed by LiteServer B.V. as processor for the controller.
  28. Website: the website hosted by LiteServer B.V., i.e. https://www.liteserver.nl and the underlying web pages or other websites owned by LiteServer B.V.

*1 The intellectual property rights for know-how and front-line performances are vested in LiteServer Holding B.V.

2. Applicability of the General Terms and Conditions.
  1. By using the products and services of LiteServer B.V. the Customer agrees to comply with our policy. LiteServer B.V. reserves the right to cancel, suspend or end all services with or without restitution or notification or warning for any reason.
  2. LiteServer also reserves the right to amend and adapt the Terms of Service at any time, with or without notice to the customer. It is up to the customers to check the recent Terms of Service periodically and familiarise themselves therewith. If a customer does not comply with amendments to the new Terms of Service, his/her/its service will be terminated.
  3. By ordering and/or using our services, you agree to comply with our Fair Use Policy. If you do not do this, this will lead to suspension and possible termination.
  4. By ordering and/or using our services, you agree to comply with our Privacy Policy.
  5. These General Terms and Conditions apply to all offers and proposals of LiteServer B.V. as well as to the Agreement and all other agreements to which LiteServer B.V. is a party, in so far as the parties have not deviated from these General Terms and Conditions in writing.
  6. If the provisions of these General Terms and Conditions conflict with or deviate from one or more provisions of the Agreement, the provisions of the Agreement will prevail.
  7. The applicability of any General Terms and Conditions (of purchase) used by the Business Customer are considered not applicable on offers, quotations and proposals of LiteServer B.V., the Agreement or any other agreement to which LiteServer B.V. is a party, unless and in so far as expressly accepted in writing by LiteServer B.V.
  8. In the event that both the General Terms and Conditions and the general terms and conditions of the Business Customer apply, these General Terms and Conditions will prevail.
  9. LiteServer B.V. is entitled to amend these General Terms and Conditions.
    LiteServer B.V. will communicate the amended General Terms and Conditions at least one month before its implementation. The Parties are bound by the amended General Terms and Conditions from the day on which it will take effect.
    The Business Customer is only entitled to end the Agreement as from the day the amended General Terms and Conditions take effect if the amended General Terms and Conditions mean a substantial impairment in the position of the Business Customer.
3. Formation of an agreement.
  1. All quotations and offers issued by LiteServer B.V. are free from obligation unless expressly stated otherwise.
  2. An Agreement is concluded by acceptance of the General Terms and Conditions during the order process.
  3. All orders placed through our website and/or customer panel pass an automatic anti-fraud control system. Although our VPS services are usually configured immediately after receipt of the payment, we still check each new order manually within the 24 hours after placement of the order.
  4. If our automatic anti-fraud control system or our manual anti-fraud control assesses your order as high risk/dangerous, we reserve the right to ask for additional information (for example, a copy of your identity card) or to suspend your service until we have been able to verify your order . Failure to comply will result in suspension and/or termination without refund. LiteServer reserves the right to annul or end high risk/suspicious orders within the first 24 hours after placement of the order (manual assessment time), in the event we suspect a fraudulent or illegal use of the related service.
  5. Orders from Customers providing incorrect customer information when placing an order may be ended at the manual assessment without any prior information Almost all new customers who submit their order with valid data and a clear history pass our anti-fraud controls easily.
  6. The ordering process is considered to be completed successfully at the time of dispatch of the Welcome Message, unless the Customer proves the contrary. If the communication has not been received as a result of delivery and/or accessibility problems in relation to the Customer’s e-mail box, this will be for the Customer’s risk, even if the e-mail box is located with a third party.
  7. Return policy:
    1. LiteServer only offers a redemption policy of two days for the VPS services, which only applies to the first VPS ordered by you. Additional software licenses ordered through LiteServer will not be eligible for refunds. We do not offer refunds for colocation/special services. Depending on the selected payment method, a refund may exclude a small amount for the processing costs covering our transaction costs.
    2. For the improvement of its products/services LiteServer may ask for a reason.
  8. LiteServer B.V. reserves the right to, for whatever reason, deny requests to provide services.
  9. The Customer accepts and agrees with LiteServer B.V. that LiteServer B.V. will start the performance of the Agreement directly after its formation.
    The cooling-off period as referred to in Section 7:46d (1) of the Dutch Civil Code (BW) in respect of the termination of an agreement therefore does not apply (as provided in Section 7:46i (5) under a of the Dutch Civil Code). In the unlikely event that LiteServer B.V. will not start the performance of the Agreement directly after the formation thereof, the Customer – provided that the Customer is a consumer – will be entitled to end the Agreement at no cost within seven (7) days from the moment of the formation of the Agreement, unless LiteServer B.V. will have started the performance within the abovementioned seven (7) days.
4. Provision of Services.
  1. The Customer must do any and all things that are necessary to enable LiteServer B.V. to provide its Services punctually and properly, inter alia, by supplying complete, sound and clear data in a timely manner as well as by communicating any changes of the data provided that are of interest for the provision of the Services. For any additional work caused by the Customer not meeting his/her/its obligations, the Customer will pay a fee to LiteServer B.V. based on its usually charged rates. LiteServer B.V. will not liable for damages of whatever nature, because LiteServer B.V. acted on information provided by the Customer.
  2. Unattended VPS Services
    1. Services offered or ordered as “unattended” are designed for server administrators and other experienced users, unless otherwise indicated. Therefore, the customer must be familiar with managing the operating system or the control panel selected during the ordering process. LiteServer offers a knowledge base with several articles covering various topics which might provide answers to frequently asked questions about our services.
    2. The customer will be responsible for making backups of unattended services. The customer will be responsible for the storage of backups on external storage.
    3. The customer will be responsible for managing and securing his/her/its unattended VPS service.
    4. LiteServer support is available for the support of the following categories:
      1. Hardware questions and support.
      2. Network questions and support.
      3. All control panels managed by LiteServer.
      4. ISO images and OS templates for manual or automatic installations.
  3. LiteServer B.V. has no knowledge of any information and/or data distributed by the Customer and/or Customers with the use of the Service. LiteServer B.V. will not be liable for this information. The Customer will safeguard LiteServer B.V. against any damages from the data and/or information distributed either by the Customer himself/herself/itself or by his/her/its customers with the use of the Service.
  4. LiteServer B.V. collects and analyses metadata and data traffic with the aim of preventing or stopping any unwanted and unauthorised use of LiteServer B.V.’s services in a timely manner.
  5. In the event the Service is (also) supplied through LiteServer B.V.’s systems and/or networks, LiteServer B.V. will endeavour to achieve uninterrupted availability of these systems and networks and to realise access to the data stored by LiteServer B.V.
  6. In the event e-mail addresses, IP addresses and/or other access and/or network addresses and/or protocols were made available to the Customer by LiteServer B.V., the customer may not derive any rights therefrom. LiteServer B.V. may change and/or alter these protocols at any time, without these changes and/or alterations entitling the Customer to end the Agreement. LiteServer B.V. will use its best endeavours to inform the Customer about such changes.
  7. LiteServer B.V. does not guarantee continuous availability unless agreed upon otherwise by means of a Service Level Agreement referred to as such. Unless otherwise specified in such a Service Level Agreement, the provisions of this article apply to the availability.
  8. LiteServer B.V. will perform the services it needs to provide to the best of its knowledge and ability and in accordance with good professional practice. This obligation has the character of a “best effort obligation”. LiteServer B.V. therefore does not guarantee the uninterrupted and reliable functioning of its Services and systems and their constant availability, unless agreed upon otherwise between the Parties. LiteServer B.V. will never be liable for damage resulting from failures and/or changes in the telecommunication and/or en/of data transport systems of third parties.
  9. For the purpose of maintenance, modification or improvement thereof, LiteServer B.V. has the right to take its Service or parts thereof temporarily out of use. LiteServer B.V. will endeavour to ensure that such a period of inactivity will be as short as possible and will make every effort to inform the Customer of the planned period of inactivity in a timely manner. However, LiteServer B.V. will under no circumstances ever be liable for compensation for losses in connection with such a period of inactivity.
  10. LiteServer B.V. has the right to modify the Service or parts thereof periodically for the enhancement of functionality and to resolve errors. If a modification leads to a substantial change in the functionality, LiteServer B.V. will make every effort to notify the Customer thereof. In case of modifications relevant for several customers, it will not be possible to cancel only one certain modification. LiteServer B.V. is not bound to pay any compensation for damage caused by such a modification.
  11. For backup services LiteServer B.V. has a separate agreement available. Unless the Customer concluded this separate agreement, LiteServer B.V. will not be bound to make back-up copies (backups) of data the Customers has stored on LiteServer B.V.’s systems. It is the exclusive responsibility of the Customer to make backups of these data.
  12. LiteServer B.V. will make every effort to ensure that the Customer may use the networks that are either directly or indirectly connected to the network of LiteServer B.V. However, LiteServer B.V. cannot guarantee that these networks will be available at any moment. The use of third-party networks may be subject to legal and contractual conditions. LiteServer B.V. will make every effort to inform the Customer thereof in a timely manner.
  13. In the case of certain services, such as e-mail, LiteServer B.V. may offer filters enabling the Customer to block unwanted content (e.g. viruses or advertising messages) on LiteServer B.V.’s systems.
    As far as it is able, LiteServer B.V. will make every effort to ensure that these filters work properly. However, LiteServer B.V. cannot guarantee that these filters will always allow the right messages to pass or not, nor that when removing a part of a message the remaining content will remain intact. When using such filters the Customer accepts the risk and the liability of their effect.
  14. If, in the opinion of LiteServer B.V. the functioning of the computer systems or network of LiteServer B.V. or of third parties and/or to the service through a network might be exposed to a risk, specifically due to the excessive sending of e-mails or other data, poorly secured systems or activities of viruses, Trojans and similar software, LiteServer B.V. will be entitled to take all measures it considers reasonable to avert or prevent this risk.
  15. If LiteServer B.V. has issued a separate SLA (Service Level Agreement) to the Business Customer regarding the availability and accessibility of the Services, the standards on exceeding the committed availability and accessibility expressly apply as the only standard for the Business Customer. Under no circumstances LiteServer B.V. will become liable for compensation to the Business Customer for exceeding the SLA.
  16. All (delivery) deadlines and processing times indicated by LiteServer B.V., including but not limited to the Placing-in-Service Date and the Installation Date, have been established to the best of its knowledge and will be observed to the extent possible. However, LiteServer B.V. is not bound to any (delivery) deadlines, which will therefore not be final. LiteServer B.V. will not have failed to fulfil its obligations nor will it be in default when exceeding a given (delivery) deadline. In the event that a (delivery) deadline is at the risk of being exceeded, the Parties will enter into consultations without delay in order to take adequate measures.
  17. In the event of force majeure, which will in any event include faults or failure of the Internet, the telecommunications infrastructure, power failures, internal disturbances, mobilisation, war, obstruction in transport, strike, lockout, business disruptions, delay in supply, fire, flood, import and export impediments and in the event that the LiteServer B.V. is prevented from supplying through its own Suppliers, irrespective of the reason for this, as a result of which fulfilment of the Agreement cannot reasonably be required of LiteServer B.V., the performance of the Agreement will be suspended, or the Agreement shall be terminated when the force majeure situation has lasted more than ninety days, all without any obligation to pay compensation.
  18. The Customer warrants that he/she/it has the required permits and that he/she/it is entitled to the use of the Computer Equipment and the software installed thereon and also to have the right to carry out all the activities he/she/it provides with the help of the Services. Furthermore, the Customer ensures that the Computer Equipment he/she/it uses complies with requirements as stated by LiteServer B.V.
  19. The Parties may agree in between that the approach, routine or scope of the Agreement and/or the activities resulting therefrom will be extended or amended. The Customer accepts that, if this is the case, the schedule of the agreement may be affected. If the interim amendment will affect the agreed fee or the cost reimbursements, LiteServer B.V. will inform the Customer thereof as soon as possible.
  20. If, on the grounds of an amendment of the agreement resulting from additional requests on behalf of the Customer, LiteServer B.V. will have to perform additional work (extra work), the Customer will be charged for this additional work retrospectively on the basis of the tariffs in vigour, unless expressly agreed otherwise in writing.
  21. LiteServer B.V. reserves the right to adjust the restriction of the use of data traffic and storage capacity at any moment. The Customer will be informed thereof as soon as possible, but in any case within one (1) month.
  22. The log files and the other administration of LiteServer B.V., whether electronically or not, shall be prima facie evidence of LiteServer B.V.’ statements, subject to evidence to the contrary on behalf of the Customer.
  23. To be able to use the Services, the Customer must have reached the age of majority. If the Customer, when creating an Account is under the age of sixteen (16) years of age, the Customer must have permission from a parent or legal guardian to create the Account. By making the Account and/or using the service, the Customer guarantees to be sixteen (16) years of age or older, or, alternatively have the permission of a parent or legal guardian.
  24. The Customer warrants to meet the Requirements.
5. Installation of Computer Equipment in the case of colocation services.
  1. The Business Customer will install the Computer Equipment from the Installation Date in the Collocation Room.
  2. When installing the Computer Equipment, the Business Customer will comply with all reasonable directions from LiteServer B.V. and will act in full compliance with LiteServer B.V.’s company rules applicable at the time.
  3. The Business Customer ensures that the Computer Equipment to be installed in the Colocation Room will be installed in accord with the safety requirements, instructions and security measure that apply to that very Computer Equipment. The Business Customer is not allowed to bring flammable materials to the Colocation Room and/or to store these there, including but not limited to paper, cardboard and highly flammable liquids. All Computer Equipment connected to the Service must be technically compatible with the Services.
  4. When installing the Computer Equipment in the Colocation Room and/or when using the Colocation Room, the Business Customer will not make any changes to the Colocation Room and/or to LiteServer B.V.’s equipment present.
  5. If the installation of Computer Equipment requires support of LiteServer B.V.’s technicians, the Business Customer will provide all relevant information to LiteServer B.V. necessary for the support of the installation work, such as the delivery date(s) of the Computer Equipment and a description thereof.
  6. LiteServer B.V.is at all times entitled to change the LiteServer B.V. equipment, software and routine it uses, without thereby incurring any liability towards the Business Customer.
  7. The Business Customer is responsible for the use, application and maintenance of his/her/its Computer Equipment, for an adequate system management, and for the security of stored data.
6. Access and security.
  1. Without prejudice of what has been stipulated elsewhere in Agreements and/or other rules with regard to access to and security in the LiteServer B.V. Data Centre, the Business Customer will in principle have access to the LiteServer B.V. Data Centre and the Colocation Room 24 hours a day, 365/366 days per year, under the condition that:
  1. The Business Customer will not attributably fail to meet his/her/its obligations pursuant to the Agreement.
  2. Access will only be granted to Business Customer’s employees registered at LiteServer B.V.
  3. LiteServer B.V. may refuse access to third parties brought along by the Business Customer, and
  4. LiteServer B.V. reserves the right to remove employees of the Business Customer if they violate the business rules and/or do comply with reasonable directions from LiteServer B.V.
  1. The Business Customer is responsible for any use of access codes handed out to third parties and/or unauthorised persons. In the event that the Business Customer suspects or knows that access codes are being misused, the Business Customer will inform LiteServer B.V. thereof as soon as possible, notwithstanding the fact that the Business Customer must take responsibility to take appropriate measures.
7. Web hosting, installation and maintenance of software.
  1. If the Service will (also) be used for installation, configuration and/or maintenance of software, the stipulations of this Article apply in addition.
  2. LiteServer B.V. will make every effort to keep the software used with the Service up-to-date.. However, in this LiteServer B.V. depends on its supplier(s). LiteServer B.V. has the right not to install certain updates or patches if this, in its opinion, will not benefit the correct service.
  3. LiteServer B.V. will make every effort to modify the Service periodically for the enhancement of its functionality and to resolve errors. LiteServer B.V. will undertake to consult the Customer in advance in the case of new functionality or changes that may change the functioning of the software substantially.
  4. LiteServer B.V. will make every effort to add the changes and new functionality requested by the Customer to the software. However, LiteServer B.V. is at all times entitled to deny such a request if it is, in its opinion, not feasible or may obstruct proper functioning, controllability or availability of the software.
  5. If the Customer wishes to make a change to the software independently, this will be under the Customer’s own risk and responsibility, unless the Customer has notified LiteServer B.V. of the desired change beforehand and LiteServer B.V. has approved thereof in writing. LiteServer B.V. may attach conditions to this approval.
8. Hosting and related services.
  1. If the Service (also) requires storage and/or transmission of data provided by the customer to third parties, such as in the case of web hosting or e-mail services, the stipulations of this article apply in addition.
  2. The Customer will refrain from storage and/or dissemination of data (or others on his/her/its behalf) contrary to provisions of Dutch law, including but not limited to data which:
    • are defamatory, libellous, offensive, racist, discriminatory or inflammatory,
    • erotic or pornographic, unless explicitly allowed in the quotation or in any further communication of LiteServer B.V.,
    • infringe upon the rights of third parties, in any event including but not limited to copyrights, trademark rights and portrait rights,
    • constitute a violation of the privacy of third parties, in any event including but not limited to the distribution of third parties’ personal data without consent or necessity or repeated harassment of third parties with regard to unsolicited communications,
    • hyperlinks, torrents or similar information of which the Customer is aware or should be aware that it refers to material that infringes the rights of third parties,
    • contain commercial, charitable or conceptual communication in a manner that is contrary to the Dutch Telecommunications Act [Telecommunicatiewet] or other relevant Dutch legislation,
    • malicious content such as viruses or spyware.
  3. The Customer will refrain from obstructing other Customers or Internet users or causing damage to (the functioning of) the servers or the software or data on them. The Customer is not permitted to perform processes or programmes, whether or not through the server, of which the Customer knows or can reasonably presume that these will obstruct or cause damage to LiteServer B.V. or other users of the Internet.
  4. If LiteServer B.V. reasonably suspects that the Customer is in violation of one of the aforementioned bans, LiteServer B.V. will be entitled to take all measures it deems necessary within reason to end this violation. LiteServer B.V. will inform the Customer of any measures. LiteServer B.V. is never held liable for damages in connection with these measures.
  5. If LiteServer B.V. receives a complaint from a third party about the Customer’s use of the Service, LiteServer B.V. will deal with this complaint according to the Notice and Takedown Procedure published on the website. The provisions in the previous paragraph apply accordingly if LiteServer B.V. considers the complaint justified. Besides, LiteServer B.V. will then be authorised to provide identifying information about the Customer to the complainant, but only if unlawful action has been sufficiently established and the complainant has a substantial interest in obtaining this information.
  6. The Customer indemnifies LiteServer B.V. against all legal claims with regard to data, information, website(s) and suchlike stored by the Customer.
  7. Apart from the obligations under the law, damage resulting from incompetence or the failure to act in accordance with the aforementioned points is at the expense of the Customer.
  8. LiteServer B.V. may set a limit to the amount of storage or data traffic per month the Customer is allowed to use in the context of the Service.
    Should the limit be exceeded, LiteServer B.V. will be authorised to charge retrospectively an extra amount in accordance with the amounts for extra data traffic the Customer has been informed of. There will be not liability for the consequences of not being able to send, receive, store or change data, if the agreed limit for storage or data traffic has been reached.
  9. If it is stated at a Service that a Fair Use Policy applies, the amount of data (storage), network capacity of traffic will deemed to be fair. It will be considered ‘unfair’, even when no Fair Use Policy has been declared applicable, if the Customer uses 10 (ten) times more data (storage), network capacity and traffic than the average user is using, which amount is derived from the average use of other users of the Service. If LiteServer B.V. finds that unfair use is made of a Service, it is entitled, without prior notification, to suspend the Service, whether or not temporarily, to limit the use or the quality level of the Service, whether or not temporarily, or – in the event of repeated unfair use – to dissolve the agreement for the Service. On its site on the Internet LiteServer B.V. may present detailed examples of unfair use combined with the measures that will be taken in case of such a use.
9. Indemnifications.
  1. Without prejudice to any other legal means available to LiteServer B.V., the Customer will indemnify LiteServer B.V. for claims that are in some way due to the Customer’s attributable failure to perform the Agreement, to a wrongful act or to any other act or omission on behalf of the Customer, including but not limited to claims of third parties with respect to content the Customer makes public using the Service or claims arising from the use of the Service by the Customer.
10. Guarantees.
  1. LiteServer ensures the following uptimes:
    • VPS services: Uptime of hardware and network: 99.9% on an annual basis;
    • Dedicated Services:
      1. Network uptime: 99.95% on an annual basis;
      2. Housing (power/cooling): 99,982% on an annual basis;
    • Colocation services:
      1. Network uptime: 99.95% on an annual basis;
      2. Housing (power/cooling): 99,982% on an annual basis;

Exclusions are:

    • Planned maintenance
    • Suspension / termination caused by overdue invoices or TOS /AUP violations
    • DDoS attacks
    • Downtime caused by the customer
    • Migration or up/down grades

Available uptime guarantees apply to all stock/unmanaged services.

Customised SLA options are available on request.

  1. The Customer warrants that neither (the performance of) the Agreement nor the actual and/or legal acts the Customer does using the services of LiteServer B.V. will infringe any subjective right of a third party or any legal rule, irrespective of the legal system it originates from.
  2. If LiteServer B.V., in whatever manner, takes notice of a potential wrongful act or potential criminal behaviour on behalf of the Customer, it will be entitled to suspend the Services wholly or partially, until it will have been established in court whether this has been the case. Unlawful or criminal behaviour of the Customer and/or his/her/its Customers, regardless of whether it takes place in the knowledge of the Customer and/or his/her/its Customers, also includes:
    • acting in violation of (Intellectual Property) rights of third parties.
    • sending spam and bulk messages.
    • hacking, IP spoofing, phishing, password cracking, phreaking, computer intrusion and computer fraud.
    • overloading the network of LiteServer B.V. or of third parties.
    • running IRC related services (such as, but not exclusively, IRC servers, IRC shell hosting, bouncers, clients, egg drops, etc.).
    • dissemination of child pornography.
    • dissemination of unlawful information having a racist or discriminating content.
    • Storage of information that us in any way unlawful or otherwise acting in violation with any relevant regulatory framework.
  3. If the Customer becomes aware and/or suspects that third parties act unlawfully using the Services with regard to the Customer, LiteServer B.V., and/or third parties, including but not limited to the actions mentioned under 10.2, the Customer will immediately take all measures necessary to stop this illegal action (or arrange for third parties to so), without prejudice to the rights of LiteServer B.V. to take measures itself.
  4. To the extent that it is established in court that there is indeed a wrongful act or criminal offence on behalf of the Customer and/or his/her/its Customers, LiteServer B.V. will be entitled to dissolve the Agreement. If there is no wrongful act or criminal offence, LiteServer B.V. will again provide the Services. LiteServer B.V. will never be liable for any damage of the Customer as a result of the suspension of the Services, even if it is established that there has not been any wrongful act or criminal offence.
  5. Any losses and/or costs of the Customer resulting and/or following from actions of the Customer and/or third parties, including but not limited to actions as referred to in article 8.2. will be borne by the Customer. LiteServer B.V. does not accept any liability for this.
  6. The Customer’s commitments, e.g. those for payment of the agreed fee, remain intact during the period of suspension of his/her/its services by LiteServer B.V..
11. Liability.
  1. Within the context of the formation and/or implementation of the Agreement, LiteServer B.V. will not be liable for any damage on account of an (attributable) failure, wrongful act or otherwise, except for what has been stipulated in the next paragraphs of this Article.
  2. LiteServer B.V. will only be liable for any direct damages (as described below) suffered by the Customer as a result of failure and/or wrongful act attributable to LiteServer B.V. up to an amount equivalent to the fees paid to LiteServer B.V. during a period of three (3) months preceding the event which caused the liability, with a maximum of € 1,000 EUR (thousand euros).
  3. Direct damage is exclusively understood as:
    1. material damage to property.
    2. reasonable costs incurred to prevent or limit the direct damage which might have been expected as a result of the event on which the liability is based.
    3. reasonable costs incurred to determine the cause of damage, the liability, the direct damage and the way of recovery.
  4. Any liability of LiteServer B.V. other than for direct damage, including consequential damage or loss, is ruled out. In this context, consequential damage is in any event understood to mean: loss of profit, missed savings, reduced goodwill, damage through business interruptions, losses, costs incurred in preventing consequential damage or the determination thereof, loss, change of electronic data or damage to the latter, and/or damage caused by delay in the transportation of the data traffic and all other damage referred to in Article 11.3.
  5. This article in no way restricts the liability of LiteServer B.V. for damage which is the result of intent or wilful recklessness on the part of LiteServer B.V. (‘the own actions’) and/or its management.
  6. The liability of LiteServer B.V. due to attributable shortcomings in fulfilling the Agreement and/or wrongful act only arises if the Business Customer immediately and properly serves a notice of default on LiteServer B.V., allowing the latter a reasonable period within which it can still comply with its commitments, and LiteServer B.V. will still be imputably failing to perform its obligations after that period as well. The notice of default must contain a description of the failure to perform in as much detail as possible, so LiteServer B.V. will be able to react adequately.
  7. Rights to compensation pursuant to this article will be extinguished unless an action is brought thereunder by or on behalf of the Customer within fourteen (14) days from the date when the damage occurred.
12. Insurances.
  1. The Contractor maintains – and will maintain – adequate insurance for the duration of the Agreement against third-party liability and professional liability.
  2. Any damage to the Computer Equipment will at all times be for the risk of the Customer, unless LiteServer B.V. is liable for the damage caused, pursuant to article 11. During the agreement it is the Customer’s responsibility to be adequately insured and maintain adequate insurance for the duration of the Agreement against any loss, theft, impairment and/or other damage to the Computer Equipment.
  3. Upon first request, the Customer will allow LiteServer B.V. insight in the insurance policies.
13. Intellectual Property Rights.
  1. This Agreement does not contain elements which may lead to transfer of any Intellectual Property Rights from one party to the other party. The provision of Confidential Information (C.I.) to the Customer will result in no way in a transfer of Intellectual Property Rights vested in the Confidential Information (C.I.) to the Customer.
  2. All Intellectual Property Rights pertaining to all the materials developed or provided for in the context of the Service are vested exclusively in LiteServer B.V. or its suppliers.
  3. The Customer will only obtain the rights of use and the competences resulting from the purport of the Agreement or granted in writing and – for the remainder – the Customer will not reproduce or publish the materials.
  4. The Customer is not allowed to remove from the Materials – or change on the latter – any indication with regard to copyrights, brands, trade names or other intellectual property rights, including indications regarding the confidential nature of the Materials and confidentiality in respect of the Materials.
  5. LiteServer B.V. is allowed to take technical measures to protect the Materials. If LiteServer B.V. has secured the Materials by means of technical protection, the Customer is not allowed to remove or avoid this protection.
  6. If Materials provided to LiteServer B.V. by the Customer are protected by any Intellectual Property Right, the Customer will, in the context of the Service, at all times warrant to have at his/her/its disposal all licences necessary for the provision to and the intended use by LiteServer B.V.
  7. In the context of the Materials, LiteServer B.V. is entitled to use images, software and components of third parties, including open source software. If the Customer obtains the right to reproduce or publish these Materials, the responsibility for the correct compliance of these third-party licences remains with the Customer. LiteServer B.V. will inform the Customer sufficiently on the applicable license terms.
  8. Except and only as far as explicitly agreed in writing, the source code or editable version (e.g. Word or Photoshop formats) of developed Materials and corresponding documentation may be made available to the Customer and the Customer will be entitled to make changes to these Materials.
  9. The Customer will not be permitted to sell, rent out, sub-license nor otherwise alienate the developed work, nor to award limited rights thereto in any way whatsoever or for whatever purpose to third parties, not even if the third party in question only uses the equipment for the Customer, unless agreed upon otherwise in writing or in case of – and in combination with – the sale of the Customer’s business units or activities.
14. Invoicing and payment.
  1. All subsequent invoices will be generated 10 days before the payment is due.
    If you do not pay on the due date, this will result in suspension or termination of the Service.
  2. Invoices for payment reminder(s) will be sent 2 days before the expiry of the actual renewal date.
  3. LiteServer B.V. reserves the right to end the Service in the event of late payment of the invoice by 1 or more day(s). LiteServer B.V. is not responsible for any loss of data as a result of the termination caused by overdue invoices. The Customer is responsible for carrying out the payments in a timely manner .
  4. If the Customer creates a subscription for automatic payment (e.g. a PayPal subscription), the Customer is responsible for the cancellation of this subscription when the Customer does not wish to renew the Service the subscription for automatic payment relates to. LiteServer B.V. will not be responsible for refunds or handling of transactions that take place after processing the cancellation of the Service in question.
  5. Business Customers and Consumers within the EU VAT area are subject to VAT. Consumers will be charged the VAT rate of their country of residence. In this case, all prices indicated on the website are exclusive of VAT. For further information as to VAT, reference is made to this knowledge base article.
  6. Business Customers within the EU will be considered entrepreneurs subject to the intra-community transaction scheme, if they have provided their VAT identification number.
  7. LiteServer B.V. reserves the right to end the Services of the Customer in the event of late payment of the invoice by 1 or more day(s)..
  8. Business Customers will receive a reminder and a warning.
  9. LiteServer B.V. is not responsible for any loss of data as a result of the termination caused by overdue invoices in the event the Customer is a Consumer.
    The Consumer is responsible for carrying out all payments in a timely manner .
  10. Loss of data due to the termination as a result of a dunning procedure must be prevented by the Business Customer by entering into a Processing Agreement.
  11. In the Processing Agreement with the Business Customer understandings are formalised as regards the availability of equipment and information.
  12. If the Customer creates a subscription for automatic payment (e.g. a PayPal subscription), the Customer is responsible for the cancellation of this subscription when the Customer does not wish to renew the Service the subscription for automatic payment relates to. LiteServer B.V. will not be responsible for refunds or handling of transactions that take place after processing the cancellation of the Service in question.
  13. Customers within the EU VAT area are subject to VAT. All Customers will be charged the VAT rate of their country of residence. In this case, all prices indicated on the website are exclusive of VAT.
  14. If payments of the Services are made through automatic deductions, the Customer will ensure the bank balance suffices so the payable amount can be collected. The Customer is also responsible for the correctness of the bank account details, including but not limited to the bank account number and the name.
  15. During the term of the Agreement, LiteServer B.V. will be entitled to increase its prices annually, as from 1 January, in conformity with the price index of the previous calendar year as published by the CBS (Consumer Price Index ‘all households’), increased by no more than 15%. LiteServer B.V. is entitled to implement the cost increase at a later date if it deems it appropriate from an administrative point of view.
  16. Except for the case mentioned in article 14.7, LiteServer B.V. will also be entitled to increase the prices for its Services in the event of increased costs incurred by LiteServer B.V. LiteServer B.V. will communicate this price increase no later than one (1) month before the date this price increase takes effect. If the Customer is a Consumer, the Customer is entitled to termination of the Agreement if the price increase will be implemented within the first three (3) months following the conclusion of the Agreement.
  17. Unless specifically agreed otherwise, LiteServer B.V. will:
    1. charge installation costs, activation costs and other non-recurring costs from the date of signing the Agreement.
    2. charge all recurring costs from the Placing-in-service Date or the date of signing the Agreement, whichever date is earlier, at monthly intervals in advance.
    3. charge all Supplementary Services in arrears, at monthly intervals.
  18. LiteServer B.V. is always entitled to send invoices to the Customer in between and/or on the basis of advances or to demand security for the performance of the Customer’s payment obligations.
  19. If direct debit fails due to an insufficient account balance, is reversed, and/or fails otherwise, the Customer will be informed thereof. In such cases, LiteServer B.V. will again try to collect the amount payable one or more times by direct debit. If the direct debit fails and/or is reversed two or more times LiteServer B.V. will send an invoice to the Customer requesting payment of the amounts payable without delay by bank transfer.
  20. If direct debit has not been agreed upon between the parties and the Customer has not fulfilled his/her/its payment obligation within the term stated in article 14.1, LiteServer B.V. will send the Customer a reminder. This invoice will have to be paid by the Customer within the term indicated thereon.
  21. If the Customer does not fulfil his/her/its payment obligation within the term stated in articles 14.12 and 14.13, LiteServer B.V. will send the Customer a warning for the amount in question.
  22. From the time the direct debit is refused for the first time and/or reversed, and/or direct debit has not been agreed upon, and the Customer does not pay any invoice of LiteServer B.V. within the payment term, the Customer will be automatically in default, without any summons or notice of default being required.
  23. If the Customer remains negligent to pay the amounts due following the warning as referred to in article 14.12, LiteServer B.V. will be entitled to:
    1. to dissolve the Agreement immediately out of court, to stop the provision of the Services and to remove the Account, on the understanding there will then be no obligation to have this undone and the amounts payable by the Customer remain due and payable, and/or
    2. transfer the claim for payment to a third party to collect. In that case the Customer will be liable for payment of the principal sum and the administration fees and reminder charges payable thereon as well as for payment of all extra-judicial costs and any judicial costs, expressly besides the rightfully established costs.
  24. If LiteServer B.V. had to incur costs, which costs LiteServer B.V. could make within reason, exceeding the collection charges mentioned in the previous paragraph, the Customer will also have to pay these costs to LiteServer B.V.
  25. LiteServer B.V. is entitled to request security for payment in a form at LiteServer B.V.’s option, including but not limited to providing a bank guarantee. In the latter case, LiteServer B.V. will provide or resume the Services only after the security desired has been obtained.
  26. Reversals and disputes
    1. Raising a dispute regarding an invoice with our payment gateways or charging a payment to LiteServer will result in a bad account reputation. In such a case, we reserve the right to suspend and/or terminate all services immediately without refund.
    2. Threatening with legal actions against LiteServer will result in immediate termination of all active services without refund.
  27. If the parties have agreed that the Customer will pay the fees by direct debit, LiteServer B.V. is entitled to charge an administrative fee, without prejudice to other costs the Customer will have to pay pursuant to this article 12, if:
    1. the Customer stopped and/or ended the direct debit and/or
    2. payment to LiteServer B.V. has been reversed more than one (1) time.
15. Closure of Services.
  1. LiteServer B.V. is entitled to immediately interrupt or suspend the provision of the Services and to deny the Business Customer access to the Colocation Room and/or LiteServer B.V.’s Data Centre if:
    1. the Business Customer has not paid the invoice within the term as determined in article 14.12 or article 14.13 and the Business Customer still has not paid the amount inclusive of the costs as determined in article 14.16 within seven (7) days after having been informed of his/her/its being default in payment.
    2. The electricity consumption of the Business Customer exceeds the limit for the use of electricity as determined in the Agreement and the Business Customer fails to reduce his/her/its electricity consumption permanently to the limit as determined in the Agreement within three (3) days after having been informed thereof by LiteServer B.V.
  2. The interruption or suspension of the Services or denial of access do not affect LiteServer B.V.‘s right to termination of the Agreement or to exercise of any other remedy available.
  3. After interruption and/or suspension of the Services or denial of access pursuant to article 15, LiteServer B.V. will be entitled to charge reactivation costs in the amount of 50.00 EUR (fifty euros) relating to the administrative costs of LiteServer B.V. in the context of the interruption and/or suspension or the denial of access and possibly the restart of the provision of the Services.
16. Interruptions.
  1. On detecting a Downtime, the Business Customer will inform LiteServer B.V. of the Downtime without delay per e-mail and provide information about:
    1. the nature of the Downtime;
    2. the Services affected by the Downtime;
    3. the name of the enterprise of the Business Customer;
    4. the name, the telephone number and the email address of the Business Customer’s contact;
    5. the location of the Colocation Room within the LiteServer B.V. Data Centre and
    6. any instructions for LiteServer B.V.’s staff.
  2. After the Customer’s notification in accordance with article 16.1, LiteServer B.V. will give an estimate for fixing the Downtime and will make every effort to end the Downtime as soon as possible.
  3. Instead of fixing the Service, LiteServer B.V. is entitled to replace the Service by another service which is reasonably comparable.
  4. If LiteServer B.V. cannot fix the Downtime nor offer the Customer an alternative service, as a result of which there will be more than six hours of continuous Downtime on the Service, the Business Customer will be entitled to compensation in the form of a pro rata crediting of the costs paid with regard to the Service the Downtime refers to, under the condition that the impossibility to fix the Downtime has not been caused by force majeure (article 25) nor because of an act or omission by the Customer.
  5. Only the rights in this article are vested in the Business Customer in case of Downtime. Any other rights, including but not limited to the right to compensation, are explicitly excluded.
17. Maintenance.
  1. LiteServer B.V. reserves the right to interrupt Services and/or deny access to the Data centre and/or the Colocation Room if it deems so necessary in the context of maintenance. Therefore, the Customer acknowledges that performance of maintenance work may lead to interruption of the Service provision. In the context of maintenance, LiteServer B.V. is allowed to perform (or others on its behalf) inter alia the following actions: check files and/or data for signals of unsafe or illegal computer attacks and computer viruses.
  2. In as far as LiteServer B.V. complies with the provisions of articles 16 and17, the interruptions due to maintenance do not qualify as Downtime.
  3. If LiteServer B.V. expects that the maintenance will have a negative impact on the provision of the Services to the Customer or may lead to denial of access to the LiteServer B.V. Data Centre and/or Colocation Room, LiteServer B.V. will:
    1. make every effort to inform the Customer thereof seven (7) days prior to the maintenance.
    2. in so far as possible have the maintenance take place between 11:00 pm and 5:00 am in order to reduce the negative impact on the provision of the Services or on the access to the Data centre to an absolute minimum, and
    3. endeavour to keep interruptions of the Services or denial of access to the Data centre and/or Colocation Room to the minimum.
  4. LiteServer B.V. reserves the right to (1) perform changes in the technical characteristics of the Services, (2) changes in the data and telecommunications network or (3) any other changes with respect to the Services. These changes may affect the peripheral equipment used by the Customer, e.g. the Computer Equipment. LiteServer B.V. will not be liable for any damages resulting from the changes referred to in this article.
  5. LiteServer B.V. is entitled to derogate from the provisions of this article 17 without prior notification if, in the opinion of LiteServer B.V., there is an emergency situation making it necessary to immediately perform maintenance work that may lead to some interruption of the Services or denial of access to the Colocation Room.
18. Relocation.
  1. LiteServer B.V. is entitled to relocate the LiteServer B.V. Data Centre and/or the Colocation Room as well as to interrupt the Services in the context of such a relocation.
  2. The Customer acknowledges and agrees that any interruption in the provision of the Services caused by a relocation as referred to in this article does not qualify as Downtime if LiteServer B.V. has notified the Business Customer thereof thirty (30) days prior to the relocation in writing.
  3. The costs incurred by the Customer as a consequence of the relocation will be at the expense of the Customer unless the parties have agreed otherwise in writing.
19. Exceeding data volume limit and current limit.
  1. If the Customer does not fully use his/her/its maximum allowed quota of data traffic, the Customer cannot take the remaining part to the next month and there will also be no refund.
  2. If the Customer exceeds his/her/its maximum allowed quota of data traffic and the allowed data traffic has been specified in GB, LiteServer B.V. will charge the Customer per extra used GB rounded up at the extra charge agreed upon in the Agreement. The invoicing for this extra fee is done once a month.
  3. Notwithstanding article 4.5 of these General Terms and Conditions, LiteServer B.V. does not guarantee minimum speed with regard to the data traffic.
  4. If the Customer does not fully use his/her/its amount of energy, the Customer cannot take the remaining part to the next month and there will also be no refund.
  5. If the Customer exceeds his/her/its maximum amount of energy, LiteServer B.V. will charge the Customer 0.165 EUR per extra used kWh (kilowatt hour) rounded up. The invoicing for this extra fee is done once a month.
20. Domain registration.
  1. If the Service (also) includes mediation on the part of LiteServer B.V. in obtaining registration of a Domain and or IP address, the following provisions of this article apply.
  2. Applications, allocation, and any use of a domain name or IP address depend on and are subject to the applicable rules and procedures of the registration authorities concerned, including the Foundation for Internet Domain Registration in the Netherlands [Stichting Internet Domeinregistratie Nederland]. The relevant authority will decide on allocation of a domain name and/or IP address. Beyond the LiteServer B.V. only fulfils a mediating role in applications and does not guarantee that applications will be honoured.
  3. The Customer can only be informed of the factual registration by LiteServer B.V.’s confirmation mail, stating the registration of the requested domain name. Invoices for registration costs do not constitute confirmation of registration.
  4. The Customer indemnifies and will keep LiteServer B.V. free from any damage with regard to the (use of) a domain name by or on behalf of the Customer.
  5. LiteServer B.V. will not be liable in the event the Customer loses his/her/its right(s) to the domain name nor for the fact that the domain name may meanwhile be requested for and/or obtained by third parties, save in the event of intent or wilful recklessness by LiteServer B.V.
  6. If LiteServer B.V. registers a domain name in its own name for use by the Customer, LiteServer B.V. will cooperate with the Customer’s requests for relocation, transfer or discontinuation of this domain name.
  7. The Customer must comply with the rules that registration authorities lay down for application, allocation or use of domain names. LiteServer B.V. will inform the Customer thereof. Failure to comply with these rules may result in the registration authority making the domain name inaccessible or unusable or that it will require LiteServer B.V. to do so.
  8. LiteServer B.V. will be entitled to make the domain name inaccessible or unusable or to place it in its own name (or have others do so on its behalf) in case the Customer demonstrably fails to meet his/her/its obligations under the Agreement, which only applies for the period the Customer will be default and only after a reasonable period for compliance as set in a written notice of default.
  9. In case of dissolution of the Agreement on the ground of non-performance on the Customer’s part, LiteServer B.V. will be entitled to discontinue all domain names registered in the Customer’s name, with due observance of a one month’s notice.
  10. LiteServer B.V. reserves the right not to process the application for domain name registration until the Customer has provided LiteServer B.V. with the following:
    1. the amounts due for the domain name registration;
    2. the order form necessary for the registration, completed by an authorised person, and
    3. all other documents necessary for the application for registration.
  11. In case LiteServer B.V. requested a domain name before receiving the Customer’s full payment for the domain name registration, the domain name applied for will remain at the disposal of LiteServer B.V. until full payment has been made, irrespective of any rights the Customer may enforce in respect to this domain name.
  12. LiteServer B.V. does not accept any liability for a certain domain name no (longer) being available, rejection of the application for a certain domain name, the unused expiry of a period for raising objections or an appeal period due to the lack of an instruction on the part of the customer or for any claims from third parties with regard to a certain domain name. The Customer indemnifies LiteServer B.V. against all claims from third parties resulting from and/or connected with the Customer’s use of a domain name registered by LiteServer B.V. on behalf or in the name of the Customer.
  13. In the event the application for a certain domain name is rejected, the Customer himself/herself/itself must take care of giving clear and complete instruction to LiteServer B.V. in a timely manner, to enable the latter to object or appeal on behalf of the Customer against the rejection of the application for domain name registration. The costs associated with the objection and appeal will be at the expense of the Customer.
  14. As concerns any changes of data in respect of a domain name registration, the Customer will take care of informing the relevant register (including but not limited to SIDN) of these changes without delay. If a Customer’s domain name will be relocated, the Customer will take care of changing LiteServer B.V.’s address details used for the Whois database of the relevant registrar (including but not limited to SIDN) to ensure that LiteServer B.V. can no longer be linked to the relevant domain name.
  15. If the Customer does not pay the amounts owed with regard to the domain name registration within the agreed term, LiteServer B.V. will explicitly not be obliged – without prejudice to the provisions of these General Terms and Conditions – to pay the fees for the domain names kept by (LiteServer B.V. on behalf of) the Customer.
21. Duration and termination of service agreements.
  1. An agreement will enter into force on the date LiteServer B.V. accepts the agreement signed by the Customer in accordance with the provisions of article 3 and will apply for the term stated in the agreement.
  2. The parties will have the right to terminate the Agreement in writing with due observance of a period of notice of one month. Any costs (a) incurred by LiteServer B.V. by order of the Customer or (b) costs that cannot be cancelled after the implementation of the Agreement, will not be refunded as a consequence of the termination or remain fully due after the termination.
  3. Without prejudice to the provisions of the articles 21.1 and 21.2, LiteServer B.V. will be entitled to terminate with a thirty (30) days’ notice if LiteServer B.V. is given notice by its lessor or landlord of termination of the lease of the location where the LiteServer B.V. Data Centre is located and LiteServer B.V. will not be able to find a substitute and appropriate alternative Data Centre.
  4. The Parties may terminate the Agreement with immediate effect, without notice of default or legal intervention, if:
    1. the bankruptcy of the other party is petitioned or declared.
    2. the other party applies for suspension of payment or this is granted.
    3. the other party loses the control of his entire capital or of a substantial proportion thereof through attachment or otherwise.
  5. The parties will be entitled to terminate the agreement out-of-court if the other party fails imputably in meeting obligations under the Agreement and it will not remedy such failure within a reasonable term, after properly being given notice of default within fourteen (14) days in writing after the failure has arisen.
  6. Without prejudice to the provisions of the articles 21.4 and 21.5 and elsewhere in the Agreement, LiteServer B.V. will be entitled to dissolve the Agreement immediately, without legal intervention and without becoming liable for compensation to the Customer, if:
    1. the Customer and/or his/her/its employees has/have been made himself/herself/itself/themselves guilty of misbehaviour in the Data Centre and/or the Colocation Room, such in LiteServer B.V.’s discretion.
    2. after the Agreement has been concluded, circumstances come to the notice of LiteServer B.V. giving good reason to fear that the Customer will not fulfil his/her/its obligations, and/or
    3. The Customer did not provide the security as requested by LiteServer B.V. pursuant to article 14.13 or this security does not suffice.
  7. If the Customer already had already received services for the implementation of the Agreement on the date of dissolution as referred to in this article, these services and the associated payment obligations will not be an object of undoing. Amounts that have been invoiced by LiteServer B.V. prior to the dissolution in connection with that which it has already properly performed or delivered in implementation of the Agreement, will, thereby taking the provisions contained in the previous full sentence into consideration, remain fully due and will become immediately payable at the time of dissolution.
22. Consequences of Colocation Agreement termination.
  1. Immediately following the termination of the Agreement:
    1. LiteServer B.V. will cease the provision of its Services to the Business Customer and
    2. all amounts payable by the Business Customer will become immediately due and payable.
  2. If the Agreement is terminated by one of the parties pursuant to article 21.3 or article 21.4, the Business Customer will ensure that the Computer Equipment will be removed from the Colocation Room before expiry of the notice period, that the use of the Colocation Room will end on the day of termination of the Agreement, and that the Colocation Room will be delivered to LiteServer B.V. in the same condition as in which it was when the Agreement came into force.
  3. If the Agreement is terminated pursuant to the articles 21.4, 21.5, 21.6 or 21.7 LiteServer B.V. will offer the Business Customer a reasonable period within which it may remove his/her/its Computer Equipment and deliver the Colocation Room to LiteServer B.V. in the same condition in which it was when the Agreement came into force. In respect of the reasonable period it applies that the Business Customer will make every effort to comply with the provisions of this article as soon as possible.
  4. The termination of the Agreement, for whatever reason, will be considered not to have occurred if the Business Customer has not removed the Computer Equipment within the period stated in article 22.2 and/or 22.3. In that case the Agreement will be each time be extended by one month, until the Business Customer has removed the Computer Equipment. During these months, LiteServer B.V. will charge the costs for the Colocation Service to the Business Customer and the Business Customer will pay these costs.
  5. LiteServer B.V. is entitled to retain possession of the Computer Equipment until the Business Customer had paid the outstanding fees. If the Business Customer still has not paid the outstanding amounts within a reasonable period of time, LiteServer B.V. reserves the right, to the extent possible, to sell the Computer Equipment for the purpose of payment of the outstanding amounts.
  6. If the Business Customer terminates the Agreement in breach of article 21 and/or if LiteServer B.V. Dissolves the Agreement pursuant to article 21.5 or article 21.6, the Business Customer will, within fourteen (14) days,:
    1. pay LiteServer B.V. all termination costs for the termination of the Services and
    2. pay LiteServer B.V., without prejudice to other rights of LiteServer B.V., 100% of the actual or estimated costs for the months still left in the then current period of the Agreement.
  7. Termination and/or dissolution will under no circumstances result in refund of payments already made.
23. Confidentiality.
  1. The Customer will treat all confidential information it receives from LiteServer B.V. with strict confidentiality and keep it secret.
  2. The Customer will only use Confidential information for the purposes for which it has been provided to the Customer and in the process will observe at least the same duty of care and security as applying as regards the own confidential information. The Customer will only provide the confidential information to his/her/its employees insofar this is necessary in the context of the Agreement.
  3. The confidentiality obligations of the Confidential Information do not apply insofar the Customer may proof that the relevant information:
    1. was already known to the Customer at the time at which it was received.
    2. was already publicly at the time at which it was received.
    3. has been made publicly known after being received without it being attributable to the Customer.
    4. has been received from a third party together with the right to disclosure free of any obligation of confidentiality.
    5. must be provided pursuant to legislation or regulations or in accordance with a court order and the Customer has informed LiteServer B.V. about such a mandatory disclosure.
    6. has been disclosed with the approval of LiteServer B.V.
  4. The parties will treat Materials that they provide each other before, during or after the performance of the Agreement confidentially, when these Materials are marked confidential or when the receiving party knows or must reasonably presume that the Materials were intended to be confidential. Parties will also extend this secrecy to their employees and any third parties engaged by them in implementation of the Agreement.
  5. LiteServer B.V. will not take notice of data stored and/or distributed by the Customer through the systems of LiteServer B.V., unless this is necessary for a proper implementation of the Agreement or LiteServer B.V. is obliged to do so under a legal provision or by court order. In these circumstances LiteServer B.V. will endeavour to limit its cognisance of the data as much as possible, to the extent this is within its control.
  6. The duty of confidentiality remains even after termination of the Agreement, for any reason whatsoever, i.e. for as long as the providing party may claim the confidential nature of the Materials.
24. Transferability.
  1. The Customer may neither transfer nor sub-license his/her/its rights and obligations under the Agreement to a third party without LiteServer B.V. giving its express written consent.
  2. LiteServer B.V. may sub-license and/or transfer the rights and obligations arising under the Agreement to a third party, without the Customer’s permission. The customer, if a consumer, has the right to terminate the Agreement within one month after LiteServer B.V. informed the Customer of the envisaged transfer. This exception for consumers will not apply if the transfer takes place in connection with the transition and/or reorganisation of (a part of) LiteServer B.V..
  3. For the execution of the Services LiteServer B.V. may contract third parties, on the understanding that LiteServer B.V. will still be responsible for the execution thereof.
25. Force Majeure.
  1. If there is force majeure, there is no case of failure to perform the Agreement attributable to LiteServer B.V.
  2. Force majeure is inter alia understood to mean illness of staff and/or absence of staff crucial to perform the Services, interruptions in the supply of electricity, in so far as these interruptions cannot be met by back-up capacities, strikes, riots, government measures, fire, natural disasters, floods, shortcomings of suppliers of LiteServer B.V., malfunctions in the internet connection, hardware failures, malfunctions in (telecommunications) networks and other unforeseen circumstances.
  3. If the force majeure will hold on for at least 30 (thirty) days, both parties are entitled to dissolve the agreement, without the dissolving party being bound to pay any damages in respect of such dissolution.
  4. If LiteServer B.V. at the time of the force majeure is still able to perform partially, or has performed, it will be entitled both to do and to invoice this performance separately, as if it were a separate Agreement.
26. Other provisions.
  1. If one or more provisions of the Agreement and/or General Terms and Conditions are or will be non-binding, the remaining provisions will remain in full force and effect. The parties undertake to replace the non-binding provision by an effective provision which will be binding and differs as little as possible from the non-binding provision.
  2. The Dutch Law applies to the (legal) relation between LiteServer B.V. and the Customer.