Terms and Conditions
Article 1. Definitions
- NessCis: a trade name of the company Nesscis Internet
Services registered at the Chamber of Commerce in Rotterdam
using number 54446198.
- Consumer: the party who has an agreement with NessCis.
- Terms and Conditions: the Terms and Conditions of NessCis as described below.
- Services: provisions arranged by NessCis to store, query, edit and/or transport messages, information, software and/or data; the Services are specified in the Agreement.
- Agreement: the statement (oral or written) of exchange of promises regarding one or more Services provides by NessCis.
- Applicationform: a form created by NessCis for the Consumer to request one or more Services.
- System: hardware, software and connections under control of NessCis.
- Webspace: total stored space on the NessCis system for the arrangement of the Consumer.
- Datatraffic: number of TCP/IP packets that traverse the Internet
- Netiquette: the general accepted guidelines on the Internet as described in RFC 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and its future adaptions.
Article 2. Order
- In case of conflicts between provisions of the Agreement,
Terms and Conditions and appendices, the following order is maintained:
1. The Agreement
2. The appendices
3. Terms and Conditions
Article 3. General
- These Terms and Conditions are applied to all agreements and tender between NessCis and the Consumer unless stated explicitly otherwise in written form.
- All tenders and offers from NessCis are without engagement, unless stated explicitly otherwise in written form.
- The Agreement between NessCis and Consumer will be settled by completing and signing the Applicationform or Agreement with valid data. Unless NessCis does not communicate the rejection of the acceptation within 20 (twenty) days, the Consumer will be accepted and the Agreement is settled.
- NessCis is at all times entitled to modify the Terms and Conditions unilateral. Modifications do also apply to already settled Agreements. Modifications will be announced in written form and/or by email. If the Consumer does not agree with the modifications the Consumer is allowed until the date the modified conditions will be effective to end the Agreement at the date the modified conditions will be effective.
Article 4. Obligations of NessCis
- Besides the time required for maintenance activities NessCis will strain to keep the NessCis System operational during 7 days a week and 24 hours a day.
- If the Consumer reports a failure in the System or Services of Nesscis, NessCis is obliged to solve this problem as soon as possible.
- NessCis will not look into personal email and/or files from Consumer and will not provide them to third parties, unless NessCis is forced to do this by law or a legal pronouncement, or if the Consumer acts, or becomes suspicious to act against article 5 sub 5.
- NessCis guarantees that the data from subscriber file will not be provided to third parties, not in individualised form and not in aggregated form, unless forced by legal authority.
Article 5. Obligations of Consumer
- The Consumer behave in a way which might be expected from a responisble and careful Internet user. The Consumer will inform NessCis as soon as possible if any relevant data is changed.
- The Consumer will take care of any necessary hard- en software, equipment and connections to obtain access to the System.
- If the Cosumer notices a failures in the System, the Consumer will report this immediately to NessCis.
- The Consumer is limited to the amount of Webspace determined by the Agreement. The Consumer is responsible to not exceed this limit. NessCis is allowed to delete information if limits are exceeded to keep the Services working properly.
- The Consumer is not allowed to use the System and Webspace for actions against the law, the Netiquette, the Dutch Advertising Code Authority, the Agreement or these Terms and Conditions. This includes, but not exclusively, de following operations and behaviour:
- Spamming: Sending unsolicited, undesired bulk messages and/or posting the messages with the same content in a large numbers of newsgroups;
- Violating copyrights of protected property or any other propery right of third parties;
- Revealing or spreading child pornography;
- Hacking: Unauthorized access into computers or computer systems on the Internet
- The Consumer is not allowed to let third parties use any right from this Agreements. Notwithstanding preceding the Consumer is permitted to let a third party design, install and maintain a website. The Consumer will keep responsible for the use of Services by this third party.
Article 6. Duration and termination of the Agreement
- The Agreement is always contracted for the period specified by the Agreement. The Agreement is always extended tacitly after the first period with a same period. Termination of the agreement must occur taking into account a notice of a month before the end of the agreed period. Termination is only possible by sending a written notice by registered mail.
- Each party has the right to dissolve the Agreement immediatiely without a notice of default or legal intervention, without being responsible for damages, if the other party is declared in state of bankruptcy, either the bankruptcy of the Consumer has been requested, or the Consumer has requested postponement of payment, or the Consumer has been put under trusteeship or "bewind" (when assets will be supervisioned by administrators).
Article 7. Prices and payments
- NessCis is at all times entitled to modify the tariffs unilaterally. If the modification concerns an increase of the payment then NessCis will communicate this at least two months in avance to the Consumer in writing and by email. The Consumer is entitled to terminate the Agreement before the date the increase will be effective.
- The payment obligation starts at the day the Agreement will be settled. At the start of a new period the payment obligation starts at the day of commencement of the new period.
- If the consumer authorises NessCis to charge the required payments by direct debits from his bank account then the Consumer is obliged to provide NessCis the correct name, address, place of residence and account data. Modifications in these data will be reported within 21 (twenty-one) days to NessCis in writing or by email. If the Consumer neglects this the Consumer will be responsible for possible damage suffered by NessCis because of this.
If the Consumer has not paid swift, the Consumer is considered by law, by exceeding the payment period, to be in default and the Consumer will be obliged to pay 1.5% interest per month of the chargeable amount and compensation for the extrajudicial costs ad. 15% of the chargeable amount with a minimum of € 113.45. In case of a legal action the real costs of the lawyer hired by NessCis come to the expense of the Consumer unless decided otherwise by a judicial agency. Also NessCis is entitled by a not swift payment to disable the Services of the Consumer without any notice. The reactivation can be proceeded if the Consumer has paid the amount of € 45.38 for reactivation.
- If the Consumer denies Services of NessCis or is limited in the use on basis of a circumstance mentioned in these conditions, the obligations of payment of chargeable amounts of the Agreement will remain undiminished.
- NessCis is entitled to reject or limit access to the System for the Consumer, if the Consumer has exceeded the agreed amount of (free) Datatraffic. The Consumer remains obliged to pay to agreed fee for exceeding the Datatraffic. Nesscis will not be responsible for compensation of damage caused by the access rejection or limiting.
- The administration of NessCis will provide complete proof between parties, subject to counter-evidence.
Article 8. Responsibility
- The liability for any damage in the most wide sense of the word from the Consumer, as a result of a shortcoming in the fullfillment of the obligations by Nessis from this Agreement is limited per or series of events to an amount which equals the yearly fees from the Consumer under the Argemeent (excluding VAT). In no case will the total compensation exceed the amount of € 10.000,- (excluding VAT).
- Any liability for indirect damage, including consequential loss, lost of profits, lost savings, loss of (business) data and damage by business stagnation will be excluded.
- The Consumer protects NessCis against all revendications from third parties related to damage or otherwise, caused by the use of Services, the System or Internet by the Consumer, or not complying the obligations of the Consumer arising from the Agreement or these Terms and Conditions.
Article 9. Final provisions
- Every Agreement between NessCis and the Consumer is exclusively governed by Dutch law.
- Unless a different court is prescribed by law, the competent Dutch court shall be the court at Rotterdam.
A judicial pronouncement to the effect of one or several provisions leave all remaining provisions unimpeded.
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