Version 11 August 2010
Article 1 Definitions
- 1.1 The term 'Service' shall be deemed to mean: the possibility to obtain access to the Internet through the system of Eweka Internet Services B.V., or to make use of the technical facilities made available by Eweka Internet Services B.V. for the provision of information and the use of email, or any other facility for the Client's benefit, in a manner as offered by Eweka Internet Services B.V. and as agreed between the Client and Eweka Internet Services B.V.
- 1.2 The term 'Client' shall be deemed to mean: a natural person or legal entity with which Eweka Internet Services B.V. has entered into a subscription.
Article 2 General
- 2.1 All relations, including future ones, between Eweka Internet Services B.V. and the Client shall be subject to these General Terms and Conditions, unless explicitly otherwise agreed in writing between the named contract parties.
- 2.2 These General Terms and Conditions replace (any) prior General Terms and Conditions drawn up previously by Eweka Internet Services B.V.
- 2.3 Each offer made by Eweka Internet Services B.V. is wholly free of obligation, and can be revoked within seven days of receipt of the acceptance of such an offer, unless otherwise stated.
- 2.4 Eweka Internet Services B.V. reserves the right at all times to amend these General Terms and Conditions unilaterally. Amendments shall come into effect at a time stated in the notification, or, if the notification does not state such a time, 30 days after notification. In the event that the customer does not agree to the amendment, the customer must give notification to this effect in writing within 30 days after the date of notification. In the event that the customer does not respond, the new condition shall come into effect on the date of the new contract extension. Amendments will be made known on the website of Eweka Internet Services B.V.
Article 3 The Service
- 3.1 In emergency situations in which Eweka Internet Services B.V. deems it to be reasonable, it shall be entitled, with or without prior notification to the Client, to make changes to the Service provided by Eweka Internet Services B.V. or to take other temporary measures which it shall deem necessary at that moment in order to be able to guarantee the continuity of the Service. The Client will be notified to this effect as quickly as possible.
- 3.2 The Client is at all times responsible for the management of its data. Eweka Internet Services B.V. therefore assumes that the Client will take care of the backup of its own data.
- 3.3 Eweka Internet Services B.V. cannot be held liable for any damage or costs incurred by the Client as a result of the measures referred to in paragraphs 1 and 2 of this article. In the event that such measures are taken, the Client will not be entitled to withdraw unilaterally from its obligations.
Article 4 Subscriptions
- 4.1 A subscription is applied for by means of a signed registration form and the requested appendix sent by mail or by fax, or in any other manner indicated by Eweka Internet Services B.V.
- 4.2 After receipt of the application for the subscription, Eweka Internet Services B.V. will ensure admission of the Client to the Service. Details of the Service can be found at the Eweka Internet Services B.V. website, http://www.eweka.nl. The subscription commences on the day that the Client is first given the opportunity to make use of the Service by Eweka Internet Services B.V.
- 4.3 Eweka Internet Services B.V. reserves the right to refuse subscriptions, in which case it will notify the applicant to this effect as quickly as possible.
- 4.4 The agreement between Eweka Internet Services B.V. and the Client is entered into for a period of 12 months, unless otherwise agreed in the case of USENET Services, for example, which are based on advance payment. After the end of this period, the agreement is tacitly renewed each time for a new 12-month period, unless otherwise agreed.
- 4.5 Notice of termination of the agreement entered into by the contract parties must take place in writing by registered letter. A period of notice of 2 calendar months before the end of the period referred to in paragraph 4 applies to each agreement. Termination can only take place as of the first day of the calendar month following the expiry date.
- 4.6 In the event that the Client wishes to have a different type of subscription, it can submit a request to this effect in writing to Eweka Internet Services B.V. If Eweka Internet Services B.V. grants this request, the change will come into effect on the day after the day on which Eweka Internet Services B.V. sends confirmation of this to the Client, or at another time to be indicated by Eweka Internet Services B.V. Changes and relocations involve additional costs, which will be notified to the Client.
- 4.7 In the event that the Client does not fully, properly or completely comply with one or more of its obligations to Eweka Internet Services B.V., Eweka Internet Services B.V. shall be entitled to terminate the subscription with immediate effect and/or to wholly or partially withdraw or temporarily block access to the Service.
- 4.8 The Client is entitled to terminate the subscription in writing as of the start of the new period, as referred to in Article 4 paragraph 4, in the event of price increases other than the legally permitted price increases such as a correction for inflation, as referred to in Article 5 paragraph 2, before the increase comes into effect.
- 4.9 In the event that the Client is declared to be in a state of bankruptcy, or it becomes likely that the Client will not meet its obligations ensuing from the subscription or other reasons, Eweka Internet Services B.V. is entitled to suspend or terminate the subscription and other agreements with immediate effect, without judicial intervention.
Article 5 Fees
- 5.1 Unless otherwise agreed, the usual payments and prices applied by Eweka Internet Services B.V. shall apply to all relations between Eweka Internet Services B.V. and the Client. Information on the applicable fees will be sent to the Client on request.
- 5.2 Eweka Internet Services B.V. is entitled to unilaterally adjust the prices of all its products and services. If possible, the Client will be notified to this effect in writing one month before the introduction of the adjustments.
Article 6 Payment
- 6.1 Depending on that which has been agreed between the parties, the subscription fees must be paid one month or one quarter in advance. Eweka Internet Services B.V. debits the monthly amounts a maximum of five days before the start of the month. In the event that Eweka Internet Services B.V. has not received a payment from the Client after the end of this period, or the payment is reversed, a reminder is sent, which must be deemed to be a notice of default. In the event that no payment has been received after the reasonable period set in the reminder, the Client will be in default. The Client shall not be entitled to any deduction, discount or compensation.
- 6.2 In the event that the Client is in default in the manner referred to in paragraph 1 of this article, or fails in any other way in the fulfillment of one or more of its obligations arising from the agreement or from these General Terms and Conditions, all reasonable costs incurred in obtaining settlement out-of-court shall be borne by the Client, without prejudice to the consequences set by law of such defaults.
- 6.3 Payments made by the Client shall, at all times, firstly serve as payment for any interest and costs owed, and secondly for payable invoices which have been outstanding the longest. This also applies in the event that the Client states that the payment relates to a later invoice.
Article 7 Security and personal data
- 7.1 By entering into the agreement with the Client, Eweka Internet Services B.V. has entered into an obligation to ensure the security of the Service; in the event of insufficient security, however, it cannot be held liable for any loss suffered by the Client or by a third party as a result of this.
- 7.2 In the event that the Client notices or suspects that third parties have gained improper access to the Service, it shall promptly notify Eweka Internet Services B.V. to this effect in writing. Eweka Internet Services B.V. cannot be held liable for any loss occurring as a result of such improper use of the Service.
- 7.3 The Client's data will be included in the administration of Eweka Internet Services B.V., and will only be used for administration purposes. This data will not be made available to third parties for other purposes without the Client's permission.
Article 8 Obligations of Client
- 8.1 The Client is obliged to follow all obligations, instructions and restrictions imposed by Eweka Internet Services B.V.
- 8.2 The Client shall behave in accordance with the applicable legislation and regulations, and must apply such care in respect of the Service as may be expected of a Client acting reasonably. The Client will also make every effort, in its use of the Service, to prevent damage to the interests of Eweka Internet Services B.V.
- 8.3 Under no circumstances is the Client permitted to use the Service, or cause it to be used, for unlawful acts, such as but not limited to infringements of copyrights and/or other intellectual property rights of third parties, including other subscribers of Eweka Internet Services B.V., the commission of criminal offences and/or actions which are in breach of Netiquette, i.e. the code of conduct of the Internet community, as described at any moment at http://www.ietf.org/rfc/rfc1855.txt.
- 8.4 The Client is not permitted, without the written and explicit permission of Eweka Internet Services B.V., to connect a network of other users, or parts thereof, whether or not within its organisation, to the Service or parts thereof.
- 8.5 The Client is not permitted to make products intended for consumer use, such as homepage or email account, or the DSL connection supplied, available to third parties, whether or not for commercial purposes, such as the public promotion of products or services.
- 8.6 In the event that the Client acts in breach of the previous paragraphs of this article, or Eweka Internet Services B.V. suspects that this is the case, Eweka Internet Services B.V. is entitled to take measures, such as the suspension of the obligation to supply the Service. In such cases, the Client is not entitled to reimbursement of advance payments or compensation.
- 8.7 The Client is responsible for all content and information on the Client's homepage.
Article 9 Liability
- 9.1 Eweka Internet Services B.V. cannot be held liable for direct and/or indirect loss incurred by the Client as a result of an (attributable) failure to comply with any agreement or any other obligation of Eweka Internet Services B.V. and vis-à-vis the Client which is not the result of intent or gross negligence on the part of Eweka Internet Services B.V. Liability is limited in any event to direct damage to goods and direct damage resulting in death or injury, and up to a maximum amount of the amount received by Eweka Internet Services B.V. for the Services provided, with a maximum of €4500.
- 9.2 Eweka Internet Services B.V. cannot be held liable for any indirect loss, including consequential loss, nor can Eweka Internet Services B.V. be required to pay compensation for loss of profits, loss resulting from the non-availability and/or non-accessibility of the Internet, corporate loss, loss resulting from leaks of confidential data, loss resulting from electronic payment or loss arising from claims from third parties against the Client.
- 9.3 Eweka Internet Services B.V. cannot be held liable for loss incurred by the Client which is caused by third parties, whether or not they make use of the Service of Eweka Internet Services B.V.
- 9.4 The Client indemnifies Eweka Internet Services B.V. against all claims by third parties relating to the use of the Service by the Client and/or insufficient compliance by the Client with any obligation to Eweka Internet Services B.V., whether or not said obligation ensues from these General Terms and Conditions.
Article 10 Force majeure
- 10.1 Eweka Internet Services B.V. cannot be held liable in the event that a failure to comply is the result of circumstances beyond its control. This could include disruptions in the electricity supply or other disruptions beyond the control of Eweka Internet Services B.V., international conflicts, labour disputes among the staff of Eweka Internet Services B.V. or any third parties which supply services to Eweka Internet Services B.V., boycott campaigns or measures by any government body. This summary is not exhaustive.
- 10.2 The Client is at all times liable for the consequences of failure to comply on the part of Eweka Internet Services B.V. vis-à-vis third parties which are caused by or the result of behaviour of the Client.
Article 11 Final Provisions
- 11.1 All legal claims of the Client against Eweka Internet Services B.V. are subject to an expiry period of one year after the legal claim came into being.
- 11.2 Arrangements and/or any assurances made by or on behalf of Eweka Internet Services B.V. after the agreement has come into effect shall only be binding on Eweka Internet Services B.V. if these have been confirmed by it in writing.
- 11.3 The Client is not permitted, without written and explicit permission from Eweka Internet Services B.V., to transfer any rights and obligations ensuing from these General Terms and Conditions and any agreement.
- 11.4 In the event of nullity of a provision of these General Terms and Conditions, this shall not result in nullity of the entire agreement and/or the entire General Terms and Conditions, but only in partial nullity. The null and void provision will be replaced with a provision which, as much as possible in law, is in line with the intention which the parties could reasonably attribute to the agreement at the time of entering into said agreement.
- 11.5 Changes to the authorizations of the Client, its representatives or authorized signatories will only come into effect vis-à-vis Eweka Internet Services B.V. after Eweka Internet Services B.V. has been notified thereof in writing.
- 11.6 The Client is obliged to notify Eweka Internet Services B.V. immediately in writing or by e-mail of each proposed change of address. In the event that Eweka Internet Services B.V. is required to contact the Client in writing, it shall be discharged in the matter if it does so to the most recent address of which it has been notified by the Client.
- 11.7 The relations between the Client and Eweka Internet Services B.V. shall be subject to Netherlands law. Disputes between the Client and Eweka Internet Services B.V. shall be brought before the competent court in the Netherlands, unless otherwise stipulated by legislation or international treaties.
- 11.8 The Client is not permitted to transfer the rights and obligations of the agreement to a third party without the prior written permission of Eweka Internet Services B.V.
- 11.9 Eweka Internet Services B.V. is entitled to wholly or partly transfer the rights and obligations of the agreement to a third party or to subcontract them, without the prior (written) permission of the Client.