Section 1. Definitions
1.1 Terms of Service: These Terms of Service of Servervy B.V.
1.2 Order form(s): The order form(s) on the Servervy Websites.
1.3 The Customer(s): Any (legal) person(s) that has an agreement with and/or purchased services from Servervy.
1.4 Customer Equipment: Equipment that is owned by the customer such as Racks, Servers, Switches, External Drives, cables, and other equipment of the Customer.
1.5 Bandwidth: The traffic generated by the client based on the 95-percentile method.
1.6 Traffic: All incoming and outgoing traffic generated by the Customer’s website, e-mail, Virtual Private Server, and/or equipment.
1.7 Denial of Service (DoS) attack: Overloading and/or limiting of the connection of one or more networks, systems, or applications thereon, by using a computer to access a network, system, or application excessively.
1.8 Service(s): Services as further detailed on the Servervy websites and/or in a Concluded Agreement between Servervy and the Customer such as for Domain Hosting, Virtual Private Servers, Dedicated Servers, and Colocation.
1.9 Distributed Denial of Service (DDoS) attack: Overloading and/or limiting the connection of one or more networks, systems, or applications thereon, by using multiple computers to access the network, system, or application excessively.
1.10 Domain name: A unique name for a website address.
1.11 Domain Registration: The registration of a domain name followed by an extension at the register kept for that purpose.
1.12 Downtime: An interruption or suspension of the Service with a negative effect on the use of the Service by the Customer;
1.13 Quotation(s): All quotations send by e-mail, fax, in writing, and/or oral proposals, and/or offers to the Customer by Servervy.
1.14 Storage: The disk space made available by Servervy on one or more servers.
1.15 Agreement: The agreements, recorded in a written record, by email, fax, through the order forms on the websites of Servervy and/or oral agreements enabling Servervy Service to the customer and for which the present Terms of Service apply.
1.16 Servervy: Servervy B.V., located in Amsterdam, registered under file number 90757564 at the Chamber of Commerce in Amsterdam with VAT number NL865442708B01.
1.17 Servervy Equipment: Equipment owned by Servervy such as Racks, Servers, Switches, Cables, and all other equipment.
1.18 Servervy Server spaces: One of the spaces where Servervy will provide its services to the Customer(s).
1.19 Servervy.com: Servervy.com is the official website of Servervy.
1.20 Spam: Sending unsolicited email messages.
1.21 Power: The power that is consumed by the Customer Equipment. Measured in amperes or kW/h.
1.22 Hosting: Providing storage space on Servervy servers and making websites accessible on the Internet.
1.23 Working day(s) From Monday to Friday. Office hours are from 9.00 to 18.00 [CET/CEST]. Public holidays in the Netherlands are not included.
1.24 95 Percentile method: 95 percentile is the average value of the traffic measured over the month. With 5% of the highest peaks that cannot be calculated into the total average.
Section 2. Applicability of the Terms of Service
2.1 These Terms of Service apply to all offers, quotations, and proposals made by Servervy and the Agreement and all other agreements with Servervy as a party, insofar these Terms of Service weren’t modified in writing by Servervy and the Customer.
2.2 If the conditions of these Terms of Service are conflict with or deviate from one or more conditions of the Agreement, the conditions of the Agreement apply.
2.3 Terms of Service of the Customer or third parties are not binding for Servervy and do not apply.
2.4 In the event that both the Terms of Service and the Terms of Service of the Customer apply, the Terms of Service of Servervy prevail.
Section 3. Establishment of the Agreement
3.1 All Quotations made by Servervy are free of obligations unless stated otherwise.
3.2 All Quotations made by Servervy have a period of seven (7) days from the date specified in the Quotations unless stated otherwise.
3.3 Any stipulations deviating from the provisions in the General Conditions apply only if they have been established in consultation with Servervy in writing and/or via e-mail and have been accepted by Servervy as such.
3.4 An Agreement is concluded at the time that one of the following conditions are met; i) a completely truthfully completed order form on one of the Servervy websites with a digital acceptance of the Terms of Service. ii) an order made by e-mail, fax, or in writing containing the acceptance of the Terms of Service and expenses mentioned. iii) a completely truthfully completed and signed Agreement containing the Quotation or acceptance of the Terms of Service sent to Servervy by e-mail, fax, or in writing.
3.5 Servervy reserves the right, for whatever reason, to refuse the requests for the provision of Services.
3.6 Servervy and the Customer are free to prove the establishment of the Agreement by other means.
3.7 Additions and modifications to the Agreement can exclusively be made by e-mail.
Section 4. Duration and Termination
4.1 The Agreement is concluded for an indefinite period with a minimum term of one (1) month unless agreed otherwise.
4.2 The Agreement can only be terminated by registered letter, fax, or e-mail (from an email address that is known to us). Your cancellation is final only after Servervy sent a confirmation of receipt.
4.3 In case of cancellation, termination, or dissolution for any reason, Servervy is entitled to immediately delete all stored data or make it inaccessible, and to remove all accounts of the Customer. In that case, Servervy is not required to provide the customer with a copy of this data.
4.4 Servervy has the right to terminate the Agreement without proof of default or judicial intervention if the Customer is declared bankrupt, suspension of payments has been requested or obtained, has become involved in a statutory debt on his debts, or otherwise lost the free management over his capital. In this case, the latter party has no right to any compensation.
4.5 Notwithstanding the provisions of Section 19 Servervy has the right to terminate the Agreement with immediate effect and without judicial intervention if: i) the Customer makes improper use of the Internet; ii) the Customer spreads information that violates international laws and regulations; iii) the Customer disseminates information that is contrary to the accepted norms and values; iv) the Customer spreads information that discriminates regarding appearance, race, religion, sex, culture, heritage or that can otherwise be called offensive. It is also not allowed to place so-called mp3 pages or pages related to this on Servervy servers, and) the Customer sends spam.
4.6 If in the reasonable opinion of Servervy a hazard to the operation of the Servervy network and/or services to the Servervy Customer(s) originates, including, but not exclusively, by sending spam, open relay, open resolver, port scan, or hacking by the Customer (s) and/or on account of the Customer(s) or otherwise, Servervy may provide directions to the Customer(s), that must be completed within the prescribed period.
4.7 If a server and/or website if the Customer is subject to a so-called DoS or DDoS attack, Servervy can provide instructions to the Customer, that must be completed within the prescribed period.
4.8 If the instructions as stated in Paragraphs 4.6 and 4.7 are not followed within the prescribed timeframe, Servervy has the right to temporarily halt the server and/or website of the Customer.
4.9 If the Customer fails to comply with any of his obligations under the Agreement Servervy has the right to terminate all Agreements established with the Customer without the requirement of proof of default or judicial intervention and without prejudice to the right of Servervy to compensation for damages, lost profits and interest.
Section 5. Delivery
5.1 The agreed delivery dates do not have the purport that Servervy after its expiration is legally in default, for this still a further written notice of default is required, for which Servervy will be awarded a period of at least fourteen (14) days to fulfill its obligations.
5.2 With the failure to meet a delivery, the Customer shall never be entitled to any compensation, to dissolve the agreement, or to undertake any other action against Servervy. This is different only in cases of intent or gross negligence on behalf of Servervy or its managerial staff or if the delivery is exceeded by more than one month. In this case, the Customer has the right to cancel the agreement.
5.3 The periods stated by Servervy are not to be considered as deadlines. Servervy is not liable in case of the adverse consequences for exceeding customer delivery dates unless there is intent or gross negligence on behalf of Servervy.
Section 6. Interference and Force Majeure
6.1 Servervy is entitled to temporarily put its systems out of use for maintenance, including the Websites, or parts thereof, for the purpose of adjustment or improvement. Servervy will attempt to let such a possible decommissioning take place outside office hours and will endeavor to provide the Customer with timely notice of the planned decommissioning. Servervy is not liable for compensation for damages in respect of such decommissioning.
6.2 Servervy is entitled to modify its systems from time to time, including the Websites, or parts thereof, to improve functionality and correct errors. If an adjustment results in a significant change in functionality, Servervy will endeavor to notify the Customer thereof. In the case of modifications that are relevant to multiple customers, it is not possible to abandon a particular change just for the Customer. Servervy is not liable for any damages caused by such a modification.
6.3 In case of unavailability of the Service, by failures, maintenance, or other causes, Servervy will make an effort to inform the Customer about its nature and expected duration of the interruption.
6.4 In case of force majeure, which in any case include illness of employees and/or absence of key personnel, malfunctions or failure of the Internet and/or failure of the telecommunications infrastructure, synflood, network attacks, DoS or DDOS attacks, power failures, civil disturbance, mobilization, war, the blocking of transport, strikes, lockouts, business interruptions, interruption in supply, natural disasters, fire, flood, import and export hindrances and in the event that Servervy by its own suppliers, regardless of the reason, is not enabled to deliver and whereby the fulfillment of the Agreement by Servervy cannot reasonably be required, the implementation of the Agreement will be suspended, or the Agreement will be terminated if the force majeure persists for more than sixty (60) days, without any obligation for compensation of damages.
Section 7. Interruptions
7.1 Immediately after the discovery of a Downtime, Servervy shall inform the Customer by e-mail and telephone about the Downtime and provide information on: i) the nature of the Downtime; ii) the Service(s) affected by the Downtime; iii) the name of the Customer´s company; iv) the name, phone number and email address of the contact of the Customer, and v) any possible instructions for Servervy employees.
7.2 Upon notification of the Customer in accordance with Paragraph 7.1, Servervy will give an estimate for restoration of the Downtime and will endeavor to end the Downtime as soon as possible.
7.3 The Customer may only appeal to response and recovery times based on the standard SLA unless agreed otherwise in the agreement. If an interruption is outside of the SLA, the customer is not entitled to a discount.
7.4 Instead of restoring the Service, Servervy is entitled to substitute the Service with another reasonably comparable service.
7.5 The Customer is solely granted the rights under this section in case of Downtime. Any other rights, including but not limited to the right to compensation, are explicitly excluded.
Section 8. Liability
8.1 The liability of Servervy for direct loss suffered by the Customer as a result of a fault in the compliance by Servervy of the obligations under this Agreement, explicitly also including any failure to comply with a warranty agreed with the Customer, or by an unlawful act of Servervy, its employees or third parties engaged, per event or a series of related events, is limited to an amount equal to the amount annually paid by the Customer under this Agreement. However, in no event will the total compensation for direct damages exceed five thousand (5,000.00) Euros.
8.2 Servervy has no liability for indirect damages, including consequential damages, lost profits, lost savings, loss of (business)data due to business interruption.
8.3 Besides the cases referred to in Paragraph 8.1 Servervy has no liability for damages, regardless of the reason the action for damages would be based on. The maximum amount specified in Paragraph 8.1 will be removed if and insofar as the damage caused by intent or gross negligence on behalf of the executive managers of Servervy
8.4 The liability of Servervy for a breach of compliance with the Agreement arises only if the Customer immediately and properly communicates a written notice of default to Servervy, stating a reasonable period for remedying the deficiency, and Servervy after that period attributable continues to fail to fulfill its obligations. The notice must contain a detailed description of the shortcoming, so Servervy will be able to respond adequately.
8.5 Servervy is not liable for any damages deriving from installing and/or use of software developed by Servervy or third-party software provided or recommended by Servervy
8.6 Servervy is never liable for damage caused by force majeure as described in section 6.
8.7 Condition for the existence of any right to claim of compensation is that the Customer reports the claim to Servervy in writing and by registered post within five (5) business days after the occurrence.
8.8 The Customer indemnifies Servervy for all claims for liability arising from a defect in the Service by the Customer to a third party and which partly consisted of Servervy delivered goods, materials, or results.
8.9 Changes in the data of the Customer, immediately need to be communicated to Servervy by the Customer in writing or by e-mail. If the Customer does not do so, the Customer is liable for any damages Servervy may suffer as a consequence.
8.10 Servervy can only be held liable for the maximum insured amount in the Liability Insurance.
Section 9. Insurance
9.1 Servervy has adequate insurance and will be adequately insured for liability and professional liability during the term of the Agreement.
9.2 Any damage to the Customer Equipment is always the risk of the Customer unless Servervy is liable for the damage under Section 8. During the Agreement it is the responsibility of the Customer that he has maintains adequately insured during the Agreement for any loss, theft, damage, and/or damage to data and/or Customer Equipment.
9.3 The Customer shall grant access to Servervy on the first request to inspect the insurance policies.
Section 10. Awards
10.1 All prices in these Terms of Service and on the websites of Servervy exclude sales tax (VAT) unless stated otherwise.
10.2 All prices are in Euros unless stated otherwise.
10.3 All prices on Servervy websites, quotations, brochures, and other Servervy documentation are subject to programming and typing errors. For the consequences of such errors, no liability will be assumed.
10.4 Servervy is entitled to change current rates at any time. Servervy will notify the Customer of rate changes at least one (1) month in advance, via the Servervy Websites, in writing, or by e-mail. The Customer has the right to terminate the Agreement due to a price increase, subject to a notice period of one (1) Month.
10.5 All costs for Servervy arising from this Agreement shall be borne by the Customer, provided that they can be attributed to the Customer.
Section 11. Terms of Payment
11.1 The total price, depending on the term established in the Agreement, will be charged in advance. The fees will be billed standard for a month unless otherwise agreed in the Agreement.
11.2 Servervy will send an invoice to the Customer for the amounts due. The payment of this bill is minimal fourteen (14) days before the due date of the invoice unless otherwise indicated on the invoice or otherwise agreed in the Agreement.
11.3 If the Customer has not paid invoices on time, defined as within the due date specified on the invoice, the customer will be informed by email. If the invoice is not paid within that period, the Customer will be in default without further notice of default. As a consequence, the service provided will be suspended until the payment is received.
11.4 If the Customer considers that the price on the invoice is incorrect, the Customer may give notification within five (5) business days after the date on the invoice to notify Servervy by e-mail. After receiving the complaint, Servervy will investigate the accuracy of the invoiced amount and will give an answer within five (5) working days.
11.5 Payment of charges can occur through the available payment options on the site which the Customer authorized at the start of the Agreement or subsequently.
11.6 In case of direct debit, the Customer must ensure there is sufficient balance in his account.
11.7 The Customer is in default from the time the fee at the hands of the customer cannot be collected by or is not paid to Servervy.
11.8 If a higher amount is received by mistake, then Servervy shall return the overcharged amount immediately to the balance of the customer.
11.9 When a payment is overdue, the Customer, in addition to the amount owed and the interest due thereon, is required to complete compensation of both judicial and extrajudicial collection costs, including costs for lawyers, bailiffs, and collection agencies.
11.10 The claim for payment is due immediately if the Customer is in a state of bankruptcy, suspension of payment or complete seizure of assets of the client is placed, if the customer dies, and furthermore if he goes into liquidation or is dissolved.
11.14 In the above cases Servervy asserts the right to the implementation of the Agreement or to terminate or suspend any not performed part thereof without notice of default or judicial intervention, without entitlement to compensation for damage to the Customer that might occur.
Section 12. Hosting and related services
12.1 If the Service is (also) aimed at services for storage or transmission of material supplied by the Customer to third parties, such as for web hosting or e-mail services, the following in this Section applies.
12.2 The Customer shall not publish or provide information through the servers of Servervy in conflict with Dutch law. This includes in particular but not exclusively offered information without permission from the copyright owner(s), information that is defamatory, threatening, abusive, racist, hateful, or discriminatory, information that contains child pornography, and information that affect the privacy of third parties or poses a form of stalking, as well as links, torrents or other references to such information on third party sites anywhere in the world (even if this information would be legal in the jurisdiction in question).
12.3 Servervy operates a complaints procedure by which third parties (“complainants”) may file a complaint that they believe there is a dispute. When a complaint is warranted in the opinion of Servervy, Servervy is entitled to remove or disable access to the material. In that case, Servervy is also entitled to provide personal information of the Customer to an informer or to the competent authorities. Servervy will inform the Customer about the course of those proceedings.
12.4 In the case there is possible criminal information, Servervy is entitled to report this. Servervy may include all relevant information about the Customer and hand over the information to the competent authorities and perform all other acts which that authority requests of Servervy within the framework of the investigation.
12.5 If repeated complaints about the information provided by the Customer, Servervy is entitled to annul the Agreement and/or terminate it.
12.6 The Customer indemnifies Servervy for any damages resulting from the above. Servervy is not liable for any damages whatsoever suffered by the Customer by an intervention Servervy within the scope of the complaints procedure.
12.7 The Customer will refrain from interfering with other customers or Internet users or harming the servers. The Customer is not allowed to initiate any processes or programs, whether or not through the server, where the client knows or reasonably suspects that this interferes with or can cause damage to Servervy, customers, or other Internet users. Servervy will inform the Customer(s) of any possible measures.
12.8 The Customer will comply with the generally accepted rules of conduct on the Internet as defined in RFC1855 ftp://ftp.ripe.net/rfc/rfc1855.txt and future adaptations hereof.
12.9 Without permission by Servervy the Customer is prohibited to provide the Servervy username or password or user names and passwords to any third party.
12.10 The Customer may not resell and/or re-lease the Service unless otherwise agreed in the agreement.
12.11 Servervy can place a maximum amount of storage that the customer may use in connection with the Service. On exceeding this limit Servervy is authorized to charge an additional amount, according to the amount of additional storage listed on the Servervy websites. No liability exists for the consequences of the inability to send, receive, store or modify data if an agreed limit for storage is reached.
12.12 The Customer hereby provides Servervy an unlimited license to all Customer materials distributed, stored, transmitted or copied on Servervy systems, in any manner deemed appropriate by Servervy, but only to the extent reasonably necessary for the compliance of the Agreement by Servervy
12.13 In addition to the requirements of the law, damage arising from incompetence or failure to act in accordance with the above points, is on behalf of the Customer.
Section 13. Domain names and IP addresses
13.1 If the Service (also) extends to Servervy mediating for the Customer in obtaining a domain name and IP address, the following in this section applies.
13.2 Application, allocation, and possible use of a domain name and IP address are dependent on and subject to the rules and procedures of the relevant registration authorities, including the Dutch Foundation for Internet Domain Registration (SIDN), ICANN, DNS.be, EURid, and RIPE. De desbetreffende instantie beslist over de toekenning van een domeinnaam en/of IP-adres. The relevant body decides on the granting of a domain name and IP address. Servervy only plays a mediating role in the application and does not guarantee that a request will be honored.
13.3 The Customer may only be informed about the fact of registration through the Servervy confirmation letter and/or e-mail stating that the requested domain name is registered unless stated otherwise. An invoice for registration does not confirm the registration.
13.4 The Customer indemnifies and compensates Servervy for all damages related to (the use of) a domain name or on behalf of the Customer.
13.5 Servervy is not liable for the losses by the Customer of the right(s) to a domain name or the fact that the domain name is prematurely applied and/or obtained by a third party, except in cases of willful misconduct or gross negligence of Servervy
13.6 If Servervy registers a domain name in its name for the Customer, Servervy will cooperate with requests from the client to move, transfer or cancel this domain name.
13.7 The Customer shall conform to the rules of the registration authorities for application, allocation, or use of a domain name.
13.8 Servervy has the right to make the domain inaccessible or unusable, place it or have it placed on its own name whenever the client demonstrably fails to comply with the Agreement, but only for so long as the customer is in default and only after a reasonable period for compliance stated in writing or sent by e-mail notice.
13.9 In the event of termination of the Agreement for default of the Customer Servervy is entitled to cancel the Domain name, observing a notice period of one month.
Section 14. Storage, Power usage, Bandwidth, and Traffic
14.1 Storage, Power, Bandwidth, and/or data transfer that is not consumed is not transferable to another month and/or equipment unless agreed otherwise.
14.2 Servervy sets a limit to the amount of Storage, Power, Bandwidth, and/or data transfer per month that the Customer may use in connection with the Service. On exceeding this limit is Servervy authorized to charge an additional amount, according to the amounts for extra Storage, Power, Bandwidth, and/or Data traffic listed on the Servervy websites. No liability exists for the consequences of the inability to send, receive, store or modify data if an agreed limit is reached.
14.3 Servervy Each quarter Servervy will control actually consumed Storage, Power, Bandwidth, and Traffic. When exceeding the maximum Storage, Power, Bandwidth, and/or Traffic, Servervy will charge this to the Customer. In addition, if the log files and records of Servervy show compelling evidence of the excess of the amount of Storage, Power, Bandwidth, and/or data traffic, they are therefore definite, subject to proof by the Customer.
14.4 Bandwidth Fair Use Policy: The bandwidth provided by Servervy should be used proportional over a month without any irregular bandwidth usage behavior. When the customer is not using its bandwidth according to the Fair Use policy, Servervy is allowed to limit the speed or suspend the server.
Section 15. Backups
15.1 For Unmanaged (Self-Managed) services, Servervy is not responsible for creating backups. It is the responsibility of the customer to create and externally store backups.
15.2 If customers with Unmanaged services wish to purchase backup services from Servervy, they can be provided at an additional cost.
15.3 Customers are always responsible for the accuracy of their backup data, even for Managed services. Servervy is not liable for any loss of data or resulting damage. It is the customer's responsibility to safeguard important information.
15.4 After the termination of the contract, backups for both Managed and Unmanaged services will be destroyed, unless agreed otherwise. For Managed services, customers are advised to request their backups before the end of the service. These can be provided at an additional fee, based on the current hourly rate.
Section 16. Availability of Services
16.1 Servervy will strive to ensure and achieve uninterrupted availability of its systems and networks, and access to data stored by Servervy and this guarantee has been defined in the standard SLA.
16.2 Servervy will endeavor to maintain its software up to date. Nevertheless, Servervy depends on its suppliers, and Servervy is entitled not to install certain updates or patches if it deems that it does not benefit the proper delivery of the Service.
16.3 Servervy will endeavor to ensure that the customer can use the networks that are directly or indirectly connected to the Servervy network. Servervy cannot at any time guarantee that these networks (of third parties) are available.
16.4 If in the opinion of Servervy a hazard arises to the functioning of the computer systems or Servervy network or third parties and/or services via a network, in particular by excessive e-mail sending or the sending of other data, poorly protected systems, or activities of viruses, trojans and similar software, Servervy is entitled to take any measures which it reasonably considers necessary to avert or to prevent this danger.
Section 17. Personal Data and Confidentiality
17.1 Servervy stores personal data for the following purposes: i) billing of services; ii) to analyze and identify the use of the scope of supply and the Servervy network, and iii) to identify, detect and prevent abuse of the Services.
17.2 Except to the extent reasonably necessary for the purposes set out in the preceding paragraph, will Servervy give the personal information to third parties except to the extent that Servervy is legally required to do so.
17.3 Servervy and the Customer will treat the information they exchange before, during, or after the execution of the Agreement as confidential information when it is marked as confidential or if the receiving party knows or should reasonably suspect that the information provided is confidential. Servervy and the Customer impose this requirement on their employees and third parties hired by them to implement the Agreement.
17.4 Servervy will not take cognizance of the store data and/or distributed by the Customer on systems of Servervy, unless necessary for the proper execution of this Agreement or if Servervy is obliged to do so under a statutory provision or court order. In that case, Servervy will endeavor to limit the examination of the data as much as possible, to the extent within its power.
17.5 If Servervy suspects that the personal information of the customer is incorrect, the customer is obliged to send a copy of its passport or identification card. This should contain a copy of the front and backside of the passport or identification card. In addition to this, the customer has to send a most recent utility bill, water bill, or home phone bill with matching personal information.
Section 18. Intellectual property rights
18.1 All intellectual property rights of any part of the developed or provided Service materials, software, analysis, designs, documentation, opinions, reports, quotations, and preparatory materials, rest solely with Servervy or its licensors.
18.2 The Customer shall only acquire the user rights and responsibilities arising from the scope of the Agreement or that are granted in writing and otherwise, the Customer cannot reproduce or publish software or other material.
18.3 The Customer is not allowed to remove or alter any indication regarding copyrights, trademarks, trade names, or other intellectual property rights in the materials, including notices regarding the confidentiality and secrecy of the materials.
18.4 Servervy is permitted to take technical measures to protect the materials. If Servervy has secured the materials through technical protection, the Customer is not permitted to remove or avoid this protection.
18.5 Any use, reproduction, or publication of materials outside the scope of the Agreement or use issued, shall be regarded as a violation of copyright. The Customer will immediately be charged a fine that is not subject to judicial mitigation, of one thousand (1,000) Euros per infringing act, to be paid to Servervy, notwithstanding the right of Servervy to get its damage through the breach reimbursed or to undertake other legal action that may be taken in order to put the breach to an end.
Section 19. Modifications in Terms of Service
19.1 Servervy reserves the right to modify or supplement these Terms of Service.
19.2 Modifications also apply to existing agreements subject to a period of thirty (30) days after publication of the modification on the Website or by electronic notification of Servervy. Minor modifications may be made at any time.
19.3 If the Customer does not wish to accept a change in these conditions, he can terminate the agreement until the date when the new conditions apply, against this date.
Section 20. Decommissioning
20.1 Servervy is entitled to decommission provided Services (temporarily) and/or limit their use if the Customer does not fulfill his obligations to Servervy deriving from the Agreement or acts in violation of these Terms of Service. Servervy will give prior notice to the Customer unless this cannot reasonably be expected of Servervy The obligation to pay the amounts due to remains during decommissioning operations.
20.2 The service will be reactivated if the Customer meets his obligations on the subject within a period prescribed by Servervy.
20.3 Servervy has the right to temporarily disable the provided Services for maintenance.
Section 21. Complaints
21.1 Objections in general and complaints about invoices should be made known to Servervy in writing, within eight (8) days after receipt of the products or invoices, or within eight days after any defect in the product is discovered or detected, with a proper description the complaint. After the expiry of this period, Servervy is deemed to have fulfilled its obligations properly, and it is assumed that the Customer acknowledges the products or invoices as correct.
21.2 Complaints never give the Customer the right to suspend payments.
21.3 If a complaint is justified by Servervy, Servervy has the right at its option;
a) to revise the invoice and to adjust the invoice amount accordingly;
b) to replace the delivery by one thing with the same specifications or to repair it, involving the handing over of the replacement products or parts to Servervy;
b) to take back the delivery and dissolve the agreement, including a refund of the paid invoice to the Customer without any obligation to pay damages;
d) Customer shall provide Servervy an appropriate opportunity to immediately repair any deficiencies;
e) any return of products to or from the Customer is at the expense and risk of the Customer. Servervy only accepts product returns if and insofar as the return notice in writing or by e-mail has Servervy’s consent and only where these products are delivered to the address indicated by Servervy in the original packaging and in the condition Servervy delivered these products to the Customer;
f) software whose seal is broken, can never be returned.
Section 22. Warranty
22.1 Servervy guarantees the quality of its services provided to its best knowledge and ability and the relevance and quality of the products it sells, except that the guarantee does not exceed the following provisions mentioned.
22.2 On a performed repair a two (2) month warranty applies. On products supplied a two (2) year warranty applies unless agreed otherwise in the agreement.
22.3 If the Customer has contracted Servervy for a repair and has not collected the issued case within three months after the issue date, or the due examination or repair amount has not been collected, the Customer shall be deemed to have waived the issued repair in favor of Servervy The Customer will then indemnify Servervy against any claims by third parties relating to this matter.
22.4 The culpable errors, defects, or faults on behalf of Servervy proven by the Customer that are covered by the warranty, where covered by the warranty described in this Section, shall be borne by Servervy and repaired, replaced, or as soon as possible, or returned for credit.
22.5 The Customer must deliver eligible products for replacing or repair at his own account and risk to an address that is to be specified by Servervy.
22.6 For products with an attached certificate of guarantee other than that of Servervy, insofar as it deviates from the conditions stated in these Terms of Service.
22.7 The Customer may not invoke the warranty if:
a) the Customer neglected the products;
b) Customer has made changes to the products, including any repairs that are not performed by or made on behalf of Servervy;
c) improper or careless use, incorrect connection, wrong voltage, lightning, damage due to moisture or other external causes or calamities;
d) the unit is not maintained in the usual manner or as described in the user manual;
e) the device is used with unsuitable or incorrect accessories, and
f) if the Customer has an otherwise negligent proper treatment of the products.
Section 23. Final clause
23.1 If by court order one or more of these items will be declared invalid, all other sections of this agreement shall remain in full force and Servervy and the Customer will conclude a new agreement in order to replace the invalid or void provisions for new provisions, taking into account as much as possible the purpose and intent of the invalid or void provisions.
23.2 For each agreement between the Customer and Servervy only Dutch law applies.
23.3 These General Conditions are filed at the Chamber of Commerce in Amsterdam. Applicable is always the last registered version or the version valid at the time of realization of the Agreement.
23.4 Servervy reserves the right to issue a summons against the customer before another authorized court of law.