General terms and conditions are often description in detail. To translate this in a simple and understandable way, you will find our points of our ‘GMM’. You can download our ‘GMM’ here.

 

• Your service will be extended for the same period at the end of the agreed term. A possible offer applies for the first term, after renewal you pay the normal rate that will of course be communicated to you in advance.
• Your possible cancellation must be received by us to later than 1 month before the end of the term.
• You can inform us of your cancellation via the LinQhost Portal.
• If you agree with the offered service, you also agree to our General Terms and Conditions. This most up-to-date version will be provided to you at the same time as the quotation and any updates will always be available on our website.
• Invoices must be paid within 14 days of date.

General terms and conditions

These general terms and conditions apply to all offers, agreements and extra contractual obligations between LINQHOST B.V., registered in the trade register under number 67697860 (“LinQhost”), and its counterparty (“Client”). Provisions or (purchase) conditions set by the Client that deviate from or do not appear in these general terms and conditions do not apply and are expressly rejected by LinQhost.

Article 1. Offer and acceptance

1.1 The Client may purchase various types of services from LinQhost, such as web hosting, mediation in the registration of domain names, provision of filters (“the services”). In the absence of a specific and detailed offer, the description of the services on the LinQhost website is binding.

1.2 After making the selection, the Client can send a request to LinQhost. Based on this, the latter will compile an electronic offer and send it to the client. The agreement for the delivery of the services is concluded when LinQhost receives a written acceptance of the offer from the client. In such cases, LinQhost may require a signed acceptance.

1.3 LinQhost may at any time refuse to make an offer. This is the case, for example, when a previous agreement when the Client has been terminated due to non-performance by the client. LinQhost can also dissolve the agreement on this ground up to three working days after acceptance. LinQhost will provide the refusal with a motivation letter.

1.4 If the client is a natural person who does not act in the exercise of a profession or business, the client may dissolve it within seven working days after the conclusion of the agreement with a written notification thereof to LinQhost. The right lapses as soon as LinQhost gives third parties permission to perform work for the client on behalf of a service.

Article 2. Performance of the Services

2.1   After the conclusion of the agreement, LinQhost will perform the services as soon as possible in accordance with the offer,   considering the reasonable wishes of the client. LinQhost guarantees that the services can be performed to the best of their ability under the application of sufficient care and craftsmanship. The services are expressly provided under a best-efforts obligation, certainly because LinQhost is largely dependent on third parties for the services, unless the parties have agreed on an explicit and concrete result in a Service Level Agreement (“SLA”). Unless otherwise agreed in writing, the use that the client makes of advice issued by LinQhost is always at its own expense and risk.

2.2   The Delivery times are indicative. Exceeding agreed delivery times, for whatever reason, does not entitle you to compensation, unless expressly agreed otherwise in writing.

2.3 If and insofar as this is required for the proper performance of the Services, LinQhost has the right to have certain activities carried out by third parties at its own discretion. LinQhost is authorized by the client to accept a limitation of liability for the client in such cases when engaging third parties.

2.4. The client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the services. In particular, the client shall ensure that all goods and data, of which LinQhost indicates that they are necessary or of which the client should reasonably understand that they are necessary for the performance of the services, are provided to LinQhost in a timely manner.

2.5. LinQhost is entitled, but not obliged, to investigate the correctness, completeness or integrity of the source materials, requirements of specifications made available to it and, if any imperfections are found, to suspend the delivery of the services in question until the client has removed the relevant imperfections.

2.6 LinQhost has the right to (temporarily) not provide the service or to limit them and/or to limit or suspend the use thereof if the client fails to fulfil an obligation towards LinQhost with regard to the agreement or acts in violation of these terms and conditions.

2.7 If LinQhost, unknown due to circumstances at the time of the conclusion of the agreement, has to perform more work than agreed, or has to perform work under circumstances prove more difficult than it was or should have been aware of when entering into the agreement, LinQhost is entitled to change the resulting extra costs to the client as ‘additional work’ based on the regular rates of LinQhost.

Article 3. LinQhost support

3.1 LinQhost will keep itself available for a reasonable level of remote support by phone, through a ticketing system or otherwise. The times of availability and any response times will be published on the LinQhost website or communicated in a manner to be agreed upon.

3.2 If this support does not lead to a satisfactory solution or is not feasible given the nature of the problem, LinQhost and the client will make an agreement in consultation for a suitable alternative and any costs that will be associated with it.

3.3 At the request of the client, LinQhost can install and/ore configure software on systems managed by LinQhost. However, LinQhost is entitled to refuse such installation or configuration if, in its opinion, this is not meaningful, impractical or unsafe. Installation and configuration are provided without warranties (“as is”).

3.4 If licenses from third parties are necessary for the use of software, the client will purchase these licenses and ensure that the provisions contained therein are strictly complied with. Upon request, LinQhost can purchase and transfer certain licenses to the client, or purchase licenses as a representative of the client for a fee to be agreed upon. The client indemnifies LinQhost against claims from third parties regarding installation and licenses of software except insofar as the claims are the result of information or licenses provided by LinQhost.

Article 4 System availability

4.1 If a service is (partly) provided via systems and/or networks managed by LinQhost, such as web hosting, email transmission/receipt or access to management tools. LinQhost will make every effort to achieve uninterrupted availability of these systems and networks, and to realize access to data stored by LinQhost.

4.2 LinQhost does not offer any guarantees about the uninterrupted availability unless otherwise agreed by means of an SLA designated as such.

4.3 LinQhost will make every effort to keep the systems and software it uses up to date. However, LinQhost is dependent on its supplier(s). LinQhost is entitled not to install certain updates or patches if, in its opinion, this does not benefit the correct delivery of a service. In particular, LinQhost may delay installation of an update or patch until it has been able to adequately test and evaluate it.

4.4 The client shall keep hardware and/or software deployed by himself in a service up to date, in particular regarding to security updates. To this end, LinQhost can give instructions which client must strictly follow.

4.5 If access to an administrative account and/or management tool has been agreed so that the client can manage the aspects of the service to be agreed upon, LinQhost will provide the client with an administrative username and password. The client will handle this carefully and bears the risk of misuse of this data.

4.6 Any action that takes place through the administrative account or an account of an individual user of the client is deemed to take place under the responsibility and risk of the client. In the event of a suspicion of abuse of an account, the client must report this to LinQhost as soon as possible so that it can take measures.

4.7 LinQhost will regularly make backup copies of data stored by the client on LinQhost systems for continuity purposes. These backup copies are not made available to the client but are only used by LinQhost for data recovery in case of continuity problems. The provision of the back copies or individual files thereof is only possible in special cases and against payment of the then applicable standard rate.

4.8 If the agreed maximums for data traffic, storage space and/or processor capacity are exceeded, LinQhost is entitled to limit, block or temporarily suspend further use of the relevant service, or to charge additional amount, in accordance with the then applicable amounts for extra processor capacity, data traffic or storage space. No liability exists for consequences of not being able to send, receive, store or change data if an agreed limit for storage space or data traffic has been reached.

Article 5 Rules of conduct regarding content

5.1 If a service serves to store and/or transfer content supplied by the client to third parties, such as in the case of web hosting, sending email or streaming audio or video, the provisions of this article apply.

5.2 The client shall refrain from storing and/or distributing content in violation of provisions of Dutch law, including in any case but not exclusively including content that is child pornographic, libelous, defamatory, offensive, racist, discriminatory and/ore hate speech, infringes the rights of third parties, including in any case but not exclusively including copyrights, trademark rights and/or privacy rights, including in any case but not exclusively the distribution of personal data of third parties without permission or necessity or the repeated harassment of third parties with unwanted communication, hyperlinks, torrents or similar information that the client knows or should know refers to material that infringes the right of third parties, contains unsolicited commercial, charitable or idealistic communication (“spam”) or malicious content such as contains viruses or spyware (“malware”).

5.3 The client shall refrain from hindering other users of the services or internet users, causing nuisance or causing damage to the systems or networks. The client is prohibited from storing or sending data or to start up processes or software, whether or not via LinQhost’s systems, of which the client knows or can reasonably suspect that this hinders or can cause damage to LinQhost, other users of the services or internet users.

5.4 If, in the opinion of LinQhost, there is a violation of the above paragraphs, or of Article 4 paragraph 4, LinQhost is entitled to take all measures that it reasonably deems necessary to terminate or limit the impact. This includes being allowed to block or disable access to information or disable software.

5.5 If it is sufficiently plausible that there has been unlawful action towards a third party, and this third party has a real interest in providing personal data of the client or a user of a service, LinQhost is also entitled to make this personal data available to this third party. LinQhost will weigh up the interests in this situation and, if feasible and permitted, inform the client in advance of its intention to do so. In other cases, LinQhost will only provide the data after an official or court order.

5.6 LinQhost will inform the client of any measures taken in the context of this article. No liability is accepted for the consequences of such measures. If LinQhost has to incur costs to end a violation or limit the impact, these will be recovered from the client.

5.7 The client indemnifies LinQhost against all legal claims regarding the data, information, website(s) and the like stored by the client.

 Article 6 Domain names, IP addresses and SSL certificates

6.1 If a service (also) includes that LinQhost will mediate for the Client in obtaining a domain name, IP address and/or SSL certificate, the provisions of this article also apply.

6.2 Application, assignment and possible use of a domain name, IP address and/or SSL certificate are dependant on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the OPTA, the Stichting Internet Domeinregistratie Nederland or the issuing certification body. The relevant authority shall decide on the award. LinQhost only plays a mediating role in the application and does not guarantee that an application will also be honoured.

6.3 LinQhost is entitled to charge administration costs for the mediation service and the service of using the domain name, the IP address or SSL certificate. These are reported in advance. Administration costs are based on one year of service and are charged 50% in advanced at once and 50% prorate per month. In the event of legally valid termination within one year, the client must pay the remaining part of the administration costs in one lump sum. LinQhost may set this off against amounts to be refunded.

6.4 Only the confirmation of LinQhost, stating that a domain name, IP address and/or SSL certificate has been assigned, or the commissioning thereof for the purpose of a service, is proof of attribution. An invoice from LinQhost for application or mediation is not a confirmation of registration.

6.5 LinQhost will ensure that domain names, IP addresses and/or SSL certificates assigned by the client via LinQhost for the services are usable and available in accordance with Article 3. The client indemnifies and holds LinQhost harmless for all damages related to (the use of) a domain name, IP address and/or SSL certificate on behalf of or by the client.

6.6 LinQhost is not liable for the loss by the Client of its right(s) to a domain name, IPaddress and/or SSL certificate or for the fact that a domainname or IPaddress is taken over and/or obtained by a third party,except in the event of intent or deliberate recklessness on the part of LinQhost.

6.7.Unless otherwise agreed, an IPaddress will only be used for the duration of the agreement for the benefit of the Client. IPaddresses may be shared with other LinQhost customers, unless explicitly agreed otherwise. The Client cannot claim or take an IPaddress with it unless this has been explicitly agreed in writing. Furthermore, LinQhost is entitled to change IPaddresses if this is necessary for the proper delivery of the relevant Service(s).

6.8. In the event of dissolution of the Agreement due to non-performance of the Client, LinQhost is entitled to terminate a domain name with due observance of a notice period of two months.

Article 7 Reseller activities

7.1.If a Service (also) serves to resell, rent or otherwise make available for a fee(“Resell”) products or services of LinQhost by the Client to its customers, the provisions of this article also apply.

7.2.The Client acts with Resell in its own name, for its own account and risk and is not entitled to conclude agreements for or on behalf of LinQhost or to give the impression that it is an agent or representative of LinQhost. At Resell itself, the Client is solely responsible for providing support to its customers. LinQhost only provides support (in accordance with Article 3) to the Client itself.

7.3.The Client is free to determine its offer and prices to its customers, within the agreed limits of LinQhost. However, the Client must always impose atleast the same obligations on its customers as stated in these general terms and conditions, in particular with regard to Article 5 (Code of Conduct). LinQhost may require the Client to provide proof of this.

7.4. A non-payment or late payment of customers of the Client does not release the Client from its payment obligations towards LinQhost.

7.5 LinQhost will only contact customers of the Client via the Client, unless LinQhost has an urgent reason to approach these customers directly or the Client gives permission for direct contact. (Imminent) damage to systems or networks of LinQhost, violation of the rules from Article 5 and nuisance for third parties due to activities of customers of the Client is in any case an urgent reason.

7.6 The Client is not entitled to use any trade name, brand name, logos or signs of LinQhost in promotional or commercial communication for the purpose of using the goodwill or good name of LinQhost for the recruitment of customers by the Client. The Client may communicate in a businesslike manner that it uses products and / or services of LinQhost.

7.7 The Client is always liable for everything that its customers do or fail to do via LinQhost’s systems or networks as if it had performed this act or omission itself.

7.8 In the event of dissolution of the Agreement due to non-performance of the Client, LinQhost acquires the right to approach customers of the Client, to inform them about the situation and to offer them to continue their agreements with LinQhost or a third party affiliated with it.

Article 8 Intellectual property rights

8.1 All intellectual property rights to all works made available in the context of a Service (such as software, scripts, texts or images) are vested exclusively in LinQhost or its suppliers, except for those rights for which it has been agreed in writing that they will be transferred to the Client and at what price.

8.2 The Client only obtains the rights of use and powers arising from the purport of the agreement or that are granted in writing and for the rest the Client will not reproduce or publish the works. The Client is not entitled to make changes to work unless this has been explicitly agreed or that is necessary for the intended use or to correct errors.

8.3 If any intellectual property right to a work is transferred from LinQhost to client, LinQhost retains an unlimited and perpetual license to use the work and parts thereof in its business operations and to deliver it to others. This does not affect the obligation of LinQhost to treat confidential information of the Client confidentially.

8.4 All rights of use for works made available expire upon termination or dissolution of the agreement.

Article 9 Pricing

9.1 All prices are exclusive of any turnover tax and other levies imposed by the government. Furthermore, prices on the LinQhost website are subject to programming and typing errors. Only the prices in the offer sent to the Client are binding. No liability is accepted for the consequences of such errors.

9.2 The Client will pay LinQhost the amount due annually in advance unless a different term has been agreed. Parts of the installment amount that are variable, for example because they are determined based on actual consumption during the term, the Client will pay LinQhost in the event of post payment.

9.3 LinQhost is entitled to adjust the rates applied periodically, but no more than once per calendar year. If the agreement has been in force for less than a year at that time, the rate change will only take effect for the Client at the end of the year.

9.4 LinQhost will inform the Client of rate changes at least two (2) months in advance.

 Article 10 Payment terms

10.1 LinQhost will send an invoice to the Client for the amounts owed by the Client. LinQhost sends electronic invoices unless otherwise agreed (whereby administration costs may be claimed). The Client will pay the invoices by direct debit. Other payment options are only possible with separate permission from LinQhost.

10.2 The payment term of invoices from LinQhost is fourteen (14) days after the date of the invoice unless a longer payment term is indicated on the invoice. If the Client does not pay on time, he will be in default by operation of law from fourteen (14) days after the date of the invoice without notice of default being required. If an amount due is not paid within the payment term, the statutory commercial interest is due on the outstanding invoice amount.

10.3 If the Client believes that (part of) an invoice is incorrect, he must report this to LinQhost within the payment term. LinQhost will investigate this and respond to it as soon as possible. A difference of opinion about the amount due never entitles the Contractor to suspend its payment obligation in whole or in part.

10.4 In the event of late payment, the Client is obliged, in addition to the amount due and the statutory commercial interest applicable to it, to fully reimburse both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.

10.5 The claim for payment is immediately due and payable in the event that the Client is declared bankrupt, applies for suspension of payment or that assets of the Client are seized in general, the Client dies and furthermore, if it goes into liquidation or is dissolved.

Article 11 Confidentiality and processing personal data

11.1 The parties will treat information that they provide to each other before, during or after the execution of the agreement confidentially if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended to be confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them for the execution of the agreement.

11.2 LinQhost will not take cognizance of data that the Client stores and/or distributes via the systems managed by LinQhost, unless the Client has given permission for this, the knowledge is necessary for the proper execution of the agreement or LinQhost is obliged to do so pursuant to a legal provision or authorized order given by the authorities. In that case, LinQhost will make every effort to limit the knowledge of the data as much as possible, insofar as this is within its power. When LinQhost makes use of a power from this paragraph, it will inform the Client about this unless this is impossible or prohibited by law or order.

11.3 LinQhost reserves the right at all times to use the knowledge gained through the execution of the agreement for the benefit of other clients, insofar as no information from the Client becomes available to third parties in violation of obligations regarding confidentiality.

11.4 The obligations under this article shall continue to exist even after termination of the agreement for whatever reason, and for as long as the providing party can reasonably claim the confidential nature of the information.

11.5 LinQhost adheres to the applicable privacy regulations in the Netherlands and, as a processor of possible personal data, offers to conclude a processing agreement with the Client that is in agreement with it.

Article 12 Liability

12.1 LinQhost is only liable towards the Client in the event of an attributable shortcoming in the performance of the agreement and exclusively for replacement compensation, i.e., compensation for the value of the non-performance.

12.2 Any liability of LinQhost for any other form of damage is excluded, including, among other things, additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, damage due to loss of turnover or profit, damage due to loss of data as well as damage due to exceeding of deadlines because of changed circumstances.

12.3 The maximum amount that can be paid out in the event of liability under the previous articles is what is invoiced for the twelve months preceding the month in which the harmful event occurred, with a maximum of € 5,000 (excluding VAT).

12.4 LinQhost’s liability due to attributable shortcoming in the performance of the agreement only arises if the Client immediately and properly gives LinQhost notice of default in writing, setting a reasonable period to remedy the shortcoming, and LinQhost continues to fail to fulfil its obligations beyond that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that LinQhost is able to respond adequately.

12.5 In the event of force majeure, the execution of the agreement will be suspended (in part or in part) and, if the force majeure situation has lasted longer than ninety (90) days, will be dissolved at the discretion of the parties. Suspension and dissolution will then take place without any obligation to pay compensation. Force majeure is in any case understood to mean: disruptions to or failure of the internet, the telecommunications infrastructure, and power failures, domestic disturbances, mobilization, war, obstruction in transport, strike, lockout, business disruptions, stagnation or errors in supply, restrictions imposed by the government, fire, flood, import and export obstacles and in the event that LinQhost by its own suppliers, regardless of the reason for this, is not enabled to deliver, as a result of which compliance with the agreement cannot reasonably be required of LinQhost.

12.6 The limitations of liability in these terms and conditions shall lapse if and insofar as the damage is the result of intent or gross negligence on the part of LinQhost’s management.

Article 13 Duration and termination

13.1 An agreement is entered into for an indefinite period, unless otherwise agreed in writing. The agreement can only be terminated in the meantime as stipulated in these general terms and conditions or by mutual consent.

13.2 The agreement can always be terminated at the end of a calendar month via the LinQhost Portal with due observance of a notice period of one (1) month, always tacitly extended for a period of one (1) year. However, during the first twelve (12) months of the term, the agreement cannot yet be terminated. If no LinQhost Portal is made available, the cancellation must be made in writing.

13.3 If the Client is a consumer, the notification thereof can be made via the same channel through which the Client has communicated the acceptance, as well as – preferably – via the LinQhost Portal or, if no LinQhost Portal is made available, in writing.

13.4. In the event of termination referred to in the previous paragraph, LinQhost will refund any amounts paid in advance but have become unduly due to termination, after settlement of outstanding administration costs.

13.5 In the event of termination of the agreement for whatever reason, LinQhost is entitled to delete or make inaccessible all stored data immediately after the date on which the agreement expires and to close all accounts of the Client. LinQhost is not obliged in that case to provide the Client with a copy of this data. If desired, the Client must secure the relevant data himself before the end date.

Article 14 Changes to agreement

14.1 The agreement can only be amended by mutual consent. However, LinQhost is entitled to unilaterally adjust or extend these general terms and conditions once per calendar year. To this end, it must notify the Client at least two (2) months before the adjustments or extensions will take effect. However, changes to the general terms and conditions can never set aside a specific written agreement.

14.2. If the Client objects within the period as mentioned in the previous paragraph, LinQhost will consider whether it wishes to withdraw the objectionable adjustments or extensions or not. It will notify the Client of its decision. If LinQhost does not wish to withdraw objectionable adjustments or extensions, the Client has the right to terminate the agreement with effect from the date that these will take effect.

14.3 LinQhost may make changes to these general terms and conditions at any time if these are necessary due to changed legal regulations. The Client cannot object to such changes.

Article 15 Final provisions

15.1. This agreement is governed by Dutch law. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise because of this agreement will be submitted to the competent Dutch court in the district in which LinQhost is located.

15.2 If any provision of this agreement proves to be null and void, this does not affect the validity of the entire agreement. In that case, the parties will adopt (a) new provision(s) as a replacement, with which the intention of the original agreement is given shape as much as legally possible and these general terms and conditions.

15.3 “In writing” in these terms and conditions also includes e-mail and electronic communication, provided that the identity of the sender and the integrity of the content are sufficiently established and the information in question lends itself to sustainable storage and consultation. The parties will endeavour to confirm the receipt and content of electronic communications. storage and consultation. The parties will endeavor to confirm the receipt and content of electronic communications.

15.4 The version of any communication or administration received or stored by LinQhost has compelling probative value, subject to proof to be provided by the Client.

15.5 Each party is only entitled to transfer its rights and obligations under the agreement to a third party with the prior written consent of the other party. Contrary to this, LinQhost is always entitled to transfer its rights and obligations under the agreement to a parent, subsidiary or sister company.