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These general terms and conditions apply to every offer or quotation from AxusHost regarding Services and are an integral part of every Agreement between AxusHost and Client. Provisions or conditions set by Client that deviate from, or are not included in, these General Terms and Conditions are only binding for AxusHost if and insofar as they have been explicitly accepted by AxusHost in Writing. Terms written with a capital letter have the meaning as stated in the first article.
In these terms and conditions, the following is understood:
AxusHost:
trade name of the company AxusHost, located in Uithoorn and registered with the Chamber of Commerce under file number 90333187.
AxusHost Website:
the AxusHost website, accessible via the domain www.axushost.com.
Subscription:
the Agreement in which one or more parties commit to continuously or repeatedly perform services over a certain period (e.g., a 12-month hosting contract).
Account:
the right of access to a user interface with which Client can manage and configure (certain aspects of) the Services, as well as the configuration(s) and the files stored for Client.
General Terms and Conditions:
the provisions of the present document.
Client:
the natural person or legal entity with whom AxusHost has concluded an Agreement. Also refers to anyone who enters into or is in negotiations with AxusHost regarding this, as well as their representative(s), authorized person(s), legal successor(s) and heirs.
Services:
the products and/or services that AxusHost will provide to Client under an Agreement.
Materials:
all works, such as websites and (web) applications, software, corporate identities, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other intellectual products, as well as preparatory material thereof and (whether or not coded) files or data carriers on which the Materials are located.
Agreement:
any agreement between AxusHost and Client on the basis of which AxusHost provides Services to Client.
Written:
in addition to paper documents, also email and fax communication, provided that the identity of the sender and the integrity of the message are sufficiently established.
High-Risk Applications:
applications where an error in the Services can lead to death or serious injury, serious environmental damage or loss of (personal) data with very high consequential damage. Examples of High-Risk Applications are: transport systems where an error could cause trains to derail or planes to crash; medical systems where an error could cause a patient to die or suffer permanent injury; and military systems where an error could cause a unit to be destroyed.
These General Terms and Conditions apply to every offer or quotation from AxusHost regarding Services and are an integral part of every Agreement between AxusHost and Client. Provisions or conditions set by Client that deviate from, or are not included in, these General Terms and Conditions are only binding for AxusHost if and insofar as they have been explicitly accepted by AxusHost in Writing. Terms written with a capital letter have the meaning as stated in the first article.
An Agreement is concluded when the Client accepts an offer or quotation made by AxusHost in Writing, or when AxusHost accepts an order from the Client in Writing. If the Client does not act on an offer or quotation made by AxusHost, AxusHost is entitled to charge the Client for the costs incurred in making the offer or quotation, unless explicitly agreed otherwise in Writing.
Unless otherwise agreed in Writing, a Subscription is entered into for a period of one year. The Subscription will be automatically renewed for the same period after the initial period, unless the Client or AxusHost terminates the Subscription in Writing with due observance of a notice period of one month before the end of the current period. Termination must be done by registered letter or by e-mail with acknowledgment of receipt. After termination, AxusHost will block the Client's Account within a reasonable period after the end of the current period, after which access to the Services will no longer be possible.
The price for the Services is determined by AxusHost and communicated to the Client via the AxusHost Website or in a quotation. All prices are exclusive of VAT, unless otherwise stated. The Client must pay the price for the Services in accordance with the payment conditions stated on the AxusHost Website or in the quotation. Payment must be made within fourteen days of the invoice date. In case of late payment, the Client is in default by operation of law without any further notice of default being required. In that case, the Client owes interest equal to the statutory interest. All judicial and extrajudicial costs incurred by AxusHost to obtain satisfaction of the amount owed by the Client are for the account of the Client.
The Client shall only use the Services for lawful purposes and in accordance with these General Terms and Conditions and any specific terms of use set by AxusHost. The Client shall refrain from conduct that could cause damage to AxusHost's infrastructure or to other AxusHost Clients. The Client is at all times responsible for the content of its data and for the use of its Account.
AxusHost will endeavor to keep the Services available but cannot guarantee the availability and continuity of the Services. AxusHost reserves the right to (temporarily) suspend the Services for maintenance, adjustment, or improvement thereof. AxusHost will carry out such interruptions as much as possible outside office hours and will inform the Client timely about the nature and duration of the interruptions, unless this cannot reasonably be expected from AxusHost.
AxusHost is solely liable for direct damage resulting from an attributable shortcoming in the fulfillment of its obligations under these General Terms and Conditions. Any liability of AxusHost for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business interruption, and damage as a result of third-party claims, is excluded. AxusHost's liability is in any case limited to the amount paid out by AxusHost's insurer and, in the absence of coverage by the insurer, to a maximum of the amount that the Client has paid to AxusHost in the context of the relevant Agreement in the twelve months prior to the damage-causing event.
Unless otherwise agreed, Agreements are entered into for an indefinite period. Agreements can be terminated at any time with a notice period of thirty days. Termination must be in writing. In case of termination, AxusHost will immediately delete all Client data.
AxusHost is not obliged to fulfill any obligation towards the Client if it is hindered from doing so as a result of force majeure. Force majeure shall in any case include: war, riot, fire, water damage, strike, business interruptions, power failures, disruptions in a (telecommunication) network or connection or used communication systems and/or the website being unavailable at any time, non-delivery or late delivery by suppliers or other third parties.
AxusHost reserves the right to amend or supplement these General Terms and Conditions. Amendments also apply to Agreements already concluded. AxusHost will make the amended General Terms and Conditions available to the Client in a timely manner. If the Client does not wish to accept an amendment to these General Terms and Conditions, they may terminate the Agreement by the date on which the new General Terms and Conditions come into effect.
Dutch law applies to these General Terms and Conditions and all Agreements between the Client and AxusHost. All disputes related to or arising from these General Terms and Conditions or any Agreement between the Client and AxusHost will be submitted to the competent court in Amsterdam.
We take claims of copyright infringement very seriously. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we will respond promptly to notices of alleged infringement reported to us.
Upon receipt of a valid DMCA complaint, we reserve the right, at our sole discretion, to temporarily or permanently take the relevant server(s) or website(s) offline to remove the allegedly infringing content or to further investigate the matter.
The client acknowledges and agrees that, in the event we are forced to take a server or website offline due to a DMCA complaint, we are not obligated to provide any compensation or refund of already paid fees. This policy is intended to ensure that we comply with our legal obligations and to protect our interests against claims of copyright infringement.
In cases where we take action based on a DMCA complaint, we will make reasonable efforts to notify the affected client of the nature of the complaint and the measures taken. The client has the right to submit a counter-notification if they believe there is no copyright infringement.
Clients who are repeatedly accused of copyright infringement may, at our sole discretion, be subject to termination of service, without the right to a refund of remaining balances.
AxusHost reserves the right to adjust the prices for its Services monthly. The Client will be informed of a proposed price increase at least thirty days in advance. If the Client does not agree with the price adjustment, they have the right to terminate the Agreement within the stated period.
If the Client fails to meet their payment obligations within a period of one month after the invoice due date, AxusHost reserves the right to take ownership of the servers and data hosted by AxusHost. This means that AxusHost is entitled to block or delete all stored data and accounts on these servers without further notice to the Client.
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