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Terms and conditions for VDA.HOSTING, located in The Netherlands, IJsvogellaan 2,2665ES Lansingerland, registered with the Chamber of Commerce in The Hague.

1.1. Account: the customer name allowing CUSTOMER access to VDA.HOSTING's system.
1.2. Annex: appendix with the agreement and / or Terms and Conditions.
1.3. Bandwidth: the amount of bits transferred through a connection per time unit.
1.4. Bit: Binary digit. The smallest possible unit in a computer. The value of a bit is 0 or 1.1.5. Bps: Bytes per second.
1.6. bps: bits per second.
1.7. Byte: The unit representing the data size. A character takes up 1 byte (or 8 bits) of space. Among otherthings this unit is used to represent disk space and data traffic.
1.8. Data Traffic: all traffic which is generated by CUSTOMER's website or server. Incoming and outgoing, withthe exception of backup traffic, measured in Mb or Gb.
1.9. Service: The specified service agreed upon by VDA.HOSTING and CUSTOMER as documented in theAgreement.
1.10. Email address: an address code in the CUSTOMER's name in order to exchange electronic messages viathe Internet.
1.11. Gigabyte (Gb): 1,000,000,000 bytes.1.12. Gigabit (GB): Gbit 1,000,000,000 bits. Among other thing his unit is used to represent bandwidth.
1.13. Hardware: computer- and related equipment.
1.14. Hosting: placing and administrating data on a server.
1.15. Dial up Number: the telephone number VDA.HOSTING uses to allow CUSTOMER access to the system and theInternet.
1.16. Internet Connectivity: the connection to the internet used by CUSTOMER's website and / or equipment,hosted by VDA.HOSTING. Internet Connectivity can occur as a data traffic or bandwidth package.
1.17. Kilobyte (Kb): 1,000 bytes.
1.18. Kilobit (MB): Kbit, 1,000 bits. Among others this unit is used to represent the bandwidth.
1.19. Log-In Procedure: the procedure determined by VDA.HOSTING allowing CUSTOMER to gain access to thesystem and the Internet.
1.20. Megabyte (Mb): 1,000,000 bytes
1.21. Megabit (MB): Mbit, 1,000,000 bits. Among others this unit is used to represent the bandwidth.
1.22. Modules: components which are placed in a website. Modules consist of a combination of programminglanguage (scripts), databases and regular website pages.
1.23. Nettiquette: the generally accepted code of conduct on the Internet as noted in RFC 1855(ftp://tp.ripe.net/rfc/rfc1855.txt) and future adaptations of said document.
1.24. Network: the equipment used for transferring and (if applicable) routing as well as other technical meansenabling signal to be transferred between connection points via cables, radio waves, optical means and otherelectro magnetic means and for the part where these are controlled by VDA.HOSTING.
1.25. Agreement: the agreement between VDA.HOSTING and CUSTOMER which is the basis for the service suppliedby VDA.HOSTING.
1.26. Server: a computer which is hooked up to the Internet and used to exchange and store data.
1.27. Service Level: This is a predetermined level of support binding VDA.HOSTING to a service package which isspecified in the Agreement.
1.28. Disk Space: the amount of space on the VDA.HOSTING server allocated for CUSTOMER to store data, depictedin Mb or Gb.
1.29. Spam: bulk sending of large amounts of unsolicited emails with similar contents and / or posting in largeamounts of news groups on the Internet of messages with similar contents. These include Opt-Out mailings.
1.30. System: computer equipment and peripherals enabling VDA.HOSTING to allow CUSTOMER access to theInternet and Hosting services.
1.31. Usage: the amount of data traffic and / or bandwidth used by CUSTOMER during a period of one month.
1.32. Website: one or more integrated Internet pages, preceded by a home page.
1.33 Purposed displayed in the Guideline 2000/31/EG are the following:

1. “Services of the information society”: Services defined in article 1, subsection 2 of the guideline 98/34/EG, as changed at guideline 98/48/EG;
2. “Service provider”; every natural or legal entity which provide a services of the information society;
3. “Established Service provider”: a service provider which from a permanent location an uncertain time a physical economic activity practiced. The availability and usage of technical services and technologies which are required to provide a service are as itself no permanent location of the service provider.
4. “Consumer”: Every natural person whom trade for purposes outside his jurisdiction  

2. General

2.1. These Terms and conditions are applicable to all offerings and agreements in which VDA.HOSTING providesgoods or services of any kind to a third party - from here on to be called CUSTOMER, along with goods orservices which are not (in detail) specified in these agreements. Deviation of these Terms and Conditions isonly legal if these have been agreed upon in writing.
2.2. Applicability of possible purchase, or other conditions by CUSTOMER is explicitly denied. At the time of theactualization of the agreement CUSTOMER is relied upon to have agreed with the explicit applicability ofthese Terms and Conditions. This also goes for additional orders placed by CUSTOMER, either spoken, bytelephone, by fax, by email or by any other means conveyed to VDA.HOSTING, making a written confirmationby VDA.HOSTING not (still) obligatory.
2.3. Deviating Terms and Agreements only apply if and when VDA.HOSTING has accepted these explicitly and inwriting.
2.4. All offers made by VDA.HOSTING are without obligation. Only after an acceptance in writing by VDA.HOSTING anAgreement is established. An invoice sent by VDA.HOSTING is equal to a written acceptance. VDA.HOSTINGreserves the right to refuse a would-be customer for reasons left to her discretion.
2.5. A representative wishing to come to an agreement on behalf of a legal entity may be requested byVDA.HOSTING to produce their authorization in the matter.
2.6. Transactions will be made based on pricing at the time the Agreement was established. Prices are in Euro (€)and not including VAT, feasible tolls, rights and / or telephone bills, unless agreed upon otherwise.
2.7. Some of VDA.HOSTING's services are outsourced to third parties. VDA.HOSTING accepts no responsibility forservices provided by third parties.
2.8. CUSTOMER hereby authorizes VDA.HOSTING to add his or her personal details to her database needed foradministrative and operational tasks. This database is only accessible to VDA.HOSTING and is not passed on tothird parties, unless VDA.HOSTING is obligated to by law or court order. CUSTOMER is to notify VDA.HOSTINGas soon as possible in case of alterations in relevant data.
2.9. CUSTOMER will convey all changes to her contact details by mail or fax to VDA.HOSTING. VDA.HOSTING willonly communicate with known contacts provided by CUSTOMER. CUSTOMER will ensure the contacts areavailable for telephone and email.
2.10. Only VDA.HOSTING's legal partners are allowed to enter agreements on behalf of VDA.HOSTING.

3. Delivery

3.1. Delivery means placing a website on the Internet, connecting for usage of the Internet connection and / or thecomputer equipment and or realizing other services or transferral of products.
3.2. Delivery periods can only be estimated. Exceeding the delivery time never entitles CUSTOMER to be payeddamages or cancellation of the order.
3.3. If, due to circumstances, even in case they have a cause within VDA.HOSTING itself, VDA.HOSTING is temporarilyor permanently unable to fulfill the order partially or completely, VDA.HOSTING reserves the right to partially orcompletely cancel or decline the order. VDA.HOSTING will notify CUSTOMER of such decisions.
3.4. Complaints concerning fulfillment of the agreement, functioning of the system, performance of the websitehave to be issued in writing. These complaints are regularly inventoried and subsequently action is taken toimprove on the situation. VDA.HOSTING cannot be expected to answer complaints via email personally.Conventional (to be called for) mail will be personally responded to.
3.5. CUSTOMER is expected to allow VDA.HOSTING to investigate and correct the complaints. In the event of notliving up to the letter of the previous article CUSTOMER waives all claims.
3.6. Complaints have no effect on CUSTOMER's payment obligations.
3.7. The ownership of products passes from VDA.HOSTING to CUSTOMER only when underlying invoice has beencompletely payed.

4. Payment

4.1. All payments have to be made in advance, unless otherwise agreed upon in writing. Services are invoiced each 12 month in advance, unless otherwise agreed upon in writing. Services will be payed via direct debit,unless otherwise agreed upon in writing.
4.2. Invoices are only payable to VDA.HOSTING for completion.
4.3. In case of payment more than fourteen (14) days after receiving the invoice, CUSTOMER will owe two (2)percent interest per month over the total amount without a notification or court order.
4.4. In case of late payment VDA.HOSTING reserves the right to suspend or cancel the services to CUSTOMERwithout notification or announcement until all unpaid invoices have been paid, despite the payment deadline.
4.5. In case of late payment VDA.HOSTING will be allowed to claim the in court and out of court costs withCUSTOMER. Out of court costs will bet set at fifteen (15) percent of the amount payable, with a minimum of €125.-- VDA.HOSTING is not obligated to show the costs that have in fact been made.
4.6. VDA.HOSTING is allowed to deduct her claims with CUSTOMER from the debts owed to CUSTOMER byVDA.HOSTING, even if these claims prove not to be admissible.
4.7. VDA.HOSTING is authorized to change the tariffs. These changes will be announced to CUSTOMER at leastone (1) month in advance through usual channels. VDA.HOSTING is allowed, at all times, to change pricing ofpayment or other costs. These changes will be announced at least one (1) month in advance on the newspages of VDA.HOSTING's website. If CUSTOMER does not wish to submit to these changes, he or she isauthorized, deviant from these Terms and Conditions, up until the time of the actuation of the change, tocancel the service per the date of the change.

5. Website

5.1. VDA.HOSTING designs, develops and administrates new and existing websites.
5.2. The website, in its totality, is property of VDA.HOSTING. She is legal owner to all rights of industrial andintellectual property among others in the case of content, design, texts, source code, and the form of thewebsite. The other party only reserves the right to use the website. VDA.HOSTING is authorized to mark eachpage “© Copyright VDA.HOSTING <date>” with a link to her website.
5.3. If an existing website forms the basis of a website developed by VDA.HOSTING, the original design remainsproperty of CUSTOMER. CUSTOMER will store this website by his or her own means. From the moment VDA.HOSTING further develops the existing website, it becomes property of VDA.HOSTING which then reservesall rights. If CUSTOMER is to cancel the agreement, he or she is then only authorized to use the originalwebsite.
5.4. CUSTOMER is not authorized to make changes to or copy the website, or place it elsewhere on the Internet.
5.5. CUSTOMER guarantees that no rights by third parties dispute the making available of equipment, software,text, video or audio material to VDA.HOSTING and brining about changes to the material and CUSTOMER assumes full responsibility for any action taken based on violation of rights of third parties.
5.6. All source material needed for the design of the website need to be made available to VDA.HOSTING in digitalformat within 14 days after the agreement is made.
5.7. VDA.HOSTING will, depending on the size of the website, place the website on the Internet within 12 weeks after receiving all source material. As soon as CUSTOMER signs off on the concept, the lease period willcommence. This period will commence at the latest in 4 weeks after presenting the website.
5.8. Every invoiced website is entitled to one adaptation per year free of charge within a margin specified by VDA.HOSTING. CUSTOMER will be billed for each time per year the amount noted above is exceeded or forconsiderable changes compared to the work agreed upon.

6. Modules

6.1. VDA.HOSTING designs, develops and administrates modules.
6.2. The module in its totality is property of VDA.HOSTING. She is legal owner to all rights of industrial andintellectual property among others in the case of content, design, texts, source code, and the form of themodule. The other party only reserves the right to use the website. VDA.HOSTING is authorized to mark eachmodule “© Copyright VDA.HOSTING <date>” with a link to her website.
6.3. Modules cannot be handed down, unless agreed upon otherwise in writing.

7. Server hosting

7.1. In her cabinets VDA.HOSTING places servers she administrates herself and / or which are leased out to hercustomers. In addition to leasing the space and the server CUSTOMER is able to obtain a Service Level.
7.2. Despite the Service Level, CUSTOMER remains responsible for the functioning of the server at all times.
7.3. VDA.HOSTING cannot be held legally accountable for CUSTOMER's equipment. Among other things thismeans hardware, software, data and / or applications.
7.4. If CUSTOMER wishes to place or remove her equipment from VDA.HOSTING CUSTOMER will notify VDA.HOSTING in writing at least two days in advance. VDA.HOSTING reserves the right to deny CUSTOMERaccess to her own equipment in case CUSTOMER does not meet her current or future obligations, flowingfrom the server hosting agreement between VDA.HOSTING and CUSTOMER.
7.5. CUSTOMER will place her equipment in the manner described by VDA.HOSTING. If CUSTOMER does notoccupy the conformed space, VDA.HOSTING is authorized to use this space temporarily. At CUSTOMER's request VDA.HOSTING will clear this space within two working days, so CUSTOMER can place her equipment.

8. ADSL

8.1. VDA.HOSTING supplies ADSL through third parties.
8.2. CUSTOMER enters an agreement with VDA.HOSTING and third parties for the supply of ADSL. In the agreement theTerms and Conditions for Sales, Terms and Conditions, Terms and Conditions for servicesrendered(only applicable for technician's installation), Additional Terms and Conditions for assembly installationservices (only applicable for technician's installation) by third parties. apply. CUSTOMER agrees to these conditions.

9. Usage

9.1. VDA.HOSTING supplies internet connections through third parties. Websites are placed on her own servers orthose of third parties. Servers are placed in leased locations.
9.2. CUSTOMER is authorized to utilize the help desk for support during regular office hours.
9.3. CUSTOMER supplies the needed hardware and software, peripherals and connections to make access tothe system possible.
9.4. CUSTOMER is bound by the amount of disk space as described in the agreement. CUSTOMER isresponsible for exceeding this amount. If the allocated amount is exceeded, VDA.HOSTING is authorized toremove (file) information without any legal obligations concerning VDA.HOSTING.
9.5. CUSTOMER will refrain from hindering or damaging other customers, Internet users or the VDA.HOSTING system. It is specifically prohibited to engage processes or applications -be it through the system or not- if CUSTOMER can suspect within reason this will cause hindrance or damage to VDA.HOSTING, other customersand Internet users. CUSTOMER is only authorized to run processes or applications if a directconnection, engaged or specifically authorized by VDA.HOSTING, with the system exists.
9.6. It is prohibited to utilize the connection with VDA.HOSTING, the system and the disk space for illegal demeanor,actions and or demeanor conflicting with applicable legislation, the netiquette, regulations of the "Reclame Code Commissie", the agreement or these Terms and Conditions. Among other things, but not exclusivelythis implies the following actions and demeanors: spamming: the unsolicited sending of bulk amounts ofemail with similar content and / or unsolicited posting of bulk amounts of messages with similar content onnews groups on the Internet; violation of legally protected works or other demeanor conflicting withintellectual property rights held by third parties; publication or distribution of child pornography; sexualintimidation or any other kind of harassment; hacking: gaining access to computers or computer systems onthe Internet without permission.
9.7. If VDA.HOSTING feels CUSTOMER has engaged in any of the above mentioned demeanor, CUSTOMER will be disconnected from the system without restitution of the already payed usage fee and the agreement isterminated. VDA.HOSTING reserves the right to claim any damages flowing from the issue with CUSTOMER.
9.8. CUSTOMER is not authorized to pass on his or her account or any other rights flowing from the agreement tothird parties or allow third parties to use them, unless VDA.HOSTING has specifically authorized this action inwriting.
9.9. Staff from or on behalf of VDA.HOSTING will not gain knowledge of CUSTOMER's personal electronic mail ormonitor CUSTOMER's actions on VDA.HOSTING's system or other systems on the Internet, unless VDA.HOSTING has a strong suspicion that CUSTOMER is using the VDA.HOSTING system to either hack othercomputers or is using VDA.HOSTING's services for any other illegal or otherwise illegitimate demeanor.

10. Access

10.1. VDA.HOSTING is authorized to block CUSTOMER's access to the website, his and / or her email and / orInternet access temporarily if CUSTOMER has failed or partially to meet a commitment or if he or she isacting in a way conflicting with the applying Terms and Conditions.
10.2. Reinstating of CUSTOMER's privileges will occur if and when CUSTOMER has met his or her commitmentswithin a time frame specified by VDA.HOSTING.
10.3. VDA.HOSTING is authorized to deny or limit CUSTOMER's access to VDA.HOSTING if customer exceeds his orher monthly allocated data traffic quota. The suspension or limitation is only lifted after CUSTOMER has metor proven his or her willingness to meet the applying payment requirements to VDA.HOSTING's satisfaction.
10.4. VDA.HOSTING reserves the right to assert limiting measures in case of extreme data traffic.
10.5. VDA.HOSTING cannot be held accountable for any damages flowing from the suspension or limiting mentionedin this article. Suspension or limiting of access does not free CUSTOMER of their payment obligation.
10.6. Lifting a suspension or limitation requires payment of € 125.-- by CUSTOMER

11. Domain names

11.1. VDA.HOSTING provides the registration of domains with the "Stichting Internet Domeinregistratie and / orInternic and / or other domain registration organizations on behalf of CUSTOMER for a fee. The choice of thedomain name is at the cost and the risk of CUSTOMER. VDA.HOSTING accepts no responsibility in the matterof choice and use of the domain name.
11.2. Domain names can only be registered if they are still available and CUSTOMER has the right of use.
11.3. Should CUSTOMER be denied the right to use the domain name by the authorized organization, under nocircumstances VDA.HOSTING can be held accountable for the direct and indirect consequences. Nor willVDA.HOSTING have to take action to restore the right to use the domain name.

12. Administration

12.1. VDA.HOSTING is authorized to shut down the system (temporarily) or limit its use without prior notice asneeded in order to perform reasonably urgent maintenance without this bringing about an obligation to paydamages for VDA.HOSTING to CUSTOMER.
12.2. VDA.HOSTING is authorized at all times to make alterations to dial up numbers, to the login procedures, to theaccount and to the email addresses without this bringing about an obligation to pay damages for VDA.HOSTING to CUSTOMER. In such a case VDA.HOSTING will notify CUSTOMER of the changes at the earliest possibleconvenience.
12.3. VDA.HOSTING provides the availability of the VDA.HOSTING systems, and she efforts the utmost to provideoptimal availability. However VDA.HOSTING cannot be held accountable for outages or limited availability of the VDA.HOSTING systems due to circumstances not to be foreseen within reason. Among other things, but notexclusively this implies discontinuations of the connection to the Internet, outages in the telephone network,outages with third parties, complete occupation of the dial up lines with third parties, disruptions in theelectrical network or any other outages outside the power of VDA.HOSTING. Nor can VDA.HOSTING be heldaccountable for damages flowing from necessary maintenance by or due to VDA.HOSTING.

13. Accountability

13.1. CUSTOMER will be held accountable for any damages to VDA.HOSTING in case of action or inaction byCUSTOMER in violation of the obligations flowing from these Terms and Conditions.
13.2. CUSTOMER will be held accountable for any damages to VDA.HOSTING in case of the illegitimate or wrongfuluse of any service by VDA.HOSTING. For each day CUSTOMER is in violation, he or she forfeits an immediateclaim of € 100.-- for each violation or for each day as VDA.HOSTING chooses.
13.3. Customer clears VDA.HOSTING of all claims made by third parties in case of damages caused by the use of orbecause of CUSTOMER's use of VDA.HOSTING's services.
13.4. VDA.HOSTING cannot be held accountable for security and / or storage of any data stored.
13.5. VDA.HOSTING accepts no responsibility whatsoever in case of any damages which, as a result of late orincorrect placement or relocation of a website, email, equipment and / or any other Internet application, mightoccur to CUSTOMER.
13.6. VDA.HOSTING accepts no responsibility whatsoever in case of any damages which, as a result of outages orunavailability of a website, email, equipment and / or any other Internet application, might occur toCUSTOMER.
13.7. Should VDA.HOSTING be responsible for any damages, this responsibility is always limited to compensation ofdirect damages up to the amount agreed upon for that particular agreement, with a maximum of €10,000.-- Ifthe agreement mainly is one with a contract length of more than one year, the agreed amount is set to thetotal of the compensations agreed upon for one year.
13.8. CUSTOMER will refrain from publicly making negative statements about VDA.HOSTING if a disagreement hasoccurred between CUSTOMER and VDA.HOSTING. For each day that CUSTOMER is in breach, he or sheforfeits a fine of €100.-- each breach or each day the breach lasts, such to VDA.HOSTING's choice.

14. Duration

14.1. An agreement is made for a duration of 12 months, unless an other duration has been agreed upon in writing.The agreement is extended automatically and silently annually for a similar term.
14.2. Cancellation notice of the contract is three (3) calendar months, taking into account CUSTOMER can only cancel contracts per the first day of the month. Cancellation is only possible at the end of the term set inthese conditions.
14.3. A cancellation needs to be made using the completely filled out cancellation form by VDA.HOSTING. This form can be found at http://vda.hosting.com/end. The cancellation needs to be sent via regular mail or fax.

15. Termination

15.1. If CUSTOMER fails to comply with an agreement made with VDA.HOSTING or these terms and conditions, intime or in order, or if VDA.HOSTING has serious doubts about CUSTOMER's ability to meet contractrequirements towards VDA.HOSTING, VDA.HOSTING is authorized, without notification or legal intervention, eitherto suspend the agreed VDA.HOSTING services or partially or completely terminate the agreement withoutVDA.HOSTING being accountable for any damages not taking into account VDA.HOSTING's further due rights.
15.2. VDA.HOSTING is authorized to partially or completely terminate the agreement - effective immediately - withoutprior notice if CUSTOMER: provides VDA.HOSTING with false and / or incorrect personal data; has neglected tosubmit correct or altered personal data; has entered the agreement under false pretenses; acts in waysconflicting with these terms and conditions; has been declared bankrupt or has filed for bankruptcy herself;has filed for suspension of payment; is being curated or annulled; is being liquidated or if any executorialimpound is made from CUSTOMER.
15.3. VDA.HOSTING reserves the right to cancel the contract without reason but with restitution of the unused usagefee, if CUSTOMER commits unacceptable behavior; such to the judgment of VDA.HOSTING.
15.4. Cancellation by VDA.HOSTING on account of articles 15.1 and / or 15.2 do not free CUSTOMER of his / herpayment obligations. CUSTOMER will pay the subscription fees for all current services from the actualcancellation date up to the end date in the contract within three (3) working days.
15.5. Should one or more of these terms listed here be declared invalid in court, this has no consequences for theother terms.

16. Force Majeure

16.1. Force majeure shall be deemed to refer to all external causes which were not reasonably foreseeable and asa result of which VDA.HOSTING is not able to fulfill its obligations towards the customer. These include, but notexclusively, faults in the connection to the internet, faults in the telecommunications infrastructure and faultsin networks.
16.2. VDA.HOSTING reserves the right to invoke force majeure if the circumstance which prevents (further) fulfillment occurs after VDA.HOSTING was required to fulfill its obligation.
16.3. During the period of force majeure the delivery and other obligations of VDA.HOSTING shall be suspended. IfThe period in which VDA.HOSTING is unable to fulfill its obligations as a result of force majeure lasts longerthan two (2) weeks, each of the parties shall be authorized to dissolve the agreement without recourse to thecourt, without the other party having any right to compensation.

17. Disputes

17.1. All agreements between VDA.HOSTING and the customer shall be governed by the law of the Netherlands. The court of The Hague shall have exclusive jurisdiction in the event of disputes resulting from or relating toagreements between VDA.HOSTING and the customer.
17.2. If the customer, not acting in the exercise of a profession or business, does not agree with the election ofjurisdiction in article
17.1, he or she shall be authorized, no later than one (1) month after VDA.HOSTING has made use of article 17.1, to elect to have the dispute settled by the legally competent court.
17.3. If one or more provisions of these general terms and conditions is/are declared invalid or voidable, the validity of the remaining provisions shall be unaffected. In the event of invalidity of one or more provisions of theseterms and conditions, the parties shall be bound by rules which are as far as possible of equivalent importand are not liable to be declared invalid.

18. Workings

18.1. VDA.HOSTING is authorized at all times to alter these terms and conditions. Changes will be final one (1) week after publication on the website.
18.2. In case of conflicting interests between articles in the agreement, the terms and conditions or the annexesthe following order applies: The agreement, the annexes, the terms and conditions.
18.3. These terms and conditions render all previous ones obsolete.