The concepts hereafter designated with a capital letter shall have the following meaning in the Agreement:
1. Order form Electronic document ("shopping basket") that is made available on the Website in which a further description of the Service or the Product has been recorded and/or with which the Customer makes an offer to get to obtain delivery of a Service or Product.
2. Customer Each natural person or legal person with whom PCextreme has concluded or is planning to conclude an Agreement.
3. Designated Offer An offer of a Product or Service to be issued by PCextreme specifically designated to the Customer on the basis of data provided by the Customer to PCextreme to the making by the Customer of an offer.
4. Maintenance The taking of measures aimed at the maintaining of the delivery of Products and Services, including but not limited to the execution of updates, the extension of capacity, the repair of imperfections, the solving of security leaks, the safeguarding of security of the Systems, the changing of configuration-settings, the replacement, renewal, physically moving, physically keep clean or physically re-placing of (parts of) Systems, the installing of new hardware, the introduction of improvements to keep the availability of the Systems as high as possible and activities to physical racks, cables and switches. If also the management of software forms part of the Agreement that PCextreme will conclude or has concluded with the Customer, then under Maintenance also the taking of measures aimed at the maintaining - including the keeping up-to-date - of the software that has been mentioned explicitly in the concerned Agreement.
5. Agreement The package of mutual rights and obligations that results from by PCextreme of either (1.1) the Order form that has been sent by the Customer to PCextreme to delivery of one or more Products or Services of PCextreme and that has been confirmed by it in writing or per email and of which the GTC form part or (1.2) the Designated Offer that has been signed by the Customer and has been returned to PCextreme, which receipt has been confirmed by PCextreme in writing or per e-mail and of which Designated Offer the GTC form part.
6. Force Majeure Under Force Majeure will be understood a shortcoming that cannot be imputed to PCextreme because it is not due to a fault of PCextreme and that also does not come for the account of PCextreme on the basis of the law, legal acts or opinions in society, including all external causes outside of PCextreme, that reasonably could not be foreseen and as a consequence of which PCextreme cannot or cannot timely comply with its obligations towards the Customer, including without limitation disruptions in the connection with the internet, disruptions in the telecommunication, disruptions in hardware or software or networks and disruptions as a consequence of illegal acts of third parties.
7. Parties The Customer and PCextreme jointly.
8. PCextreme The private limited liability company under the laws of the Netherlands PCextreme B.V., Trade Register of the Chamber of Commerce in Middelburg, the Netherlands under number 22053851.
9. Products and Services The products and Services delivered by PCextreme, including but not limited to web hosting, dedicated-server lease, lease of colocation room, registration and lease of domain names and all other additional and supporting products and Services which are mentioned on the website of PCextreme.
10. Systems The computer system which concerns the Agreement concluded between PCextreme and the Customer and which computer system also is designated by PCextreme as "platform", "configuration" or "server".
11. GTC The entirety of stipulations as included in these General Terms and Conditions.
12. Website The website of PCextreme: www.pcextreme.com and related subsites. The contact data (address, email address) of PCextreme can be found on this website.
13. Control Panel The Control Panel used by PCextreme online, with the assistance of which the Customer can manage his Products and the Services delivered by PCextreme and can change his personal data.
1. The GTC are applicable to all Agreements and on all (legal) acts between PCextreme and the Customer, also when those (legal) acts should not lead to or be in a relation to an Agreement.
2. If one or several stipulations of the GTC are invalid or can be invalidated, then that leaves the validity of the other stipulations unaffected.
3. In case of invalidity of any stipulation of the GTC, PCextreme shall establish a replacing stipulation of an equal tenor as much as possible.
4. Applicability of other GTC than the present is explicitly excluded.
5. In case of contradiction between the Agreement and the GTC, the stipulations from the Agreement shall prevail.
6. PCextreme is authorised to change these GTC at all times. By notification of the changes to the Customer the new GTC will come in the place of the GTC. Changes will be brought in writing, per e-mail or under "News" via the Control Panel to the knowledge of the Customer and will come into force one month after the date of that announcement, unless in the announcement it has been stated differently. If the Customer has not made a motivated objection within one month after the date of the announcement against the change in the GTC, then the Customer is deemed to have accepted the change. If the Customer makes a motivated objection within one month after the date of the announcement against the change in the GTC, then that forms a basis for cancellation of the Agreement by the Customer.
7. PCextreme shall ensure that the GTC will be made available before or at the conclusion of the Agreement to the Customer (electronically downloadable). Before the completion of the Order form the GTC can also be consulted on the Website. The Customer is responsible for (if so desired) storing and printing of the GTC and the Agreement and for the accessibility of the stored version. PCextreme is not obliged to keep an Agreement possibly archived, accessible for the Customer.
1. Each communication between PCextreme and the Customer takes place per post, per fax, per e-mail or electronically via the Control Panel, except for insofar in the GTC and/or the Agreement a deviation thereof is made. The version stored by PCextreme of the concerned communication will be regarded as proof thereof, except for proof to the contrary by the Customer.
2. Electronic communication is deemed to have been received on the day of sending, unless the contrary is proven by the addressee thereof. If the communication has not been received as a consequence of delivery- and/or accessibility problems of the e-mailbox of the Customer, then this is at all times for risk of the Customer. Neither is PCextreme liable for consequences of incorrect provision of information by the Customer.
3. PCextreme is not liable for damage as a consequence of incorrect understanding, mutilations or the not proper transfer and/or delays of the Order form or other manners of electronic communication between PCextreme and the Customer.
4. If an Agreement is concluded by an underage Customer, PCextreme may assume that the Customer acts with permission of his legal representative, insofar it does not already concern a legal act with regard to which it is customary in society that minors of this age execute these independently.
1. All Designated Offers of PCextreme are only invitations to making an offer by the Customer. Acceptation of Designated Offers or similar notifications, whether or not named so, do not oblige PCextreme to the conclusion of an Agreement with the (potential) Customer.
2. Designated Offers of PCextreme are valid during a period of 14 days, unless the Designated Offer explicitly states differently or the Designated Offer is withdrawn in writing.
3. Each Designated Offer can be recalled by PCextreme. If the offer has not yet been accepted by PCextreme, recall can take place at all times.
1. The Agreement firstly is concluded on the moment on which with all following conditions has been complied with:
2. Additions to and changes of the Agreement can only take place in writing or per e-mail.
1. The Agreement is concluded for a period of 12 months, unless agreed differently in writing or per e-mail.
2. The Agreement cannot be cancelled in-between, unless agreed differently in writing or per e-mail.
3. The Agreement will each time after expiry of the agreed period tacitly be extended by law with the period for which it was concluded in the first instance, unless agreed differently in writing or per e-mail.
4. Both parties can cancel the Agreement against the end of an agreed or tacitly extended period per registered mail or electronically via the Control Panel observing a notice period of at least one month, unless agreed differently in writing or per e-mail. The notice period starts on the day following that on which the cancellation has been received by PCextreme. In case of cancellation per registered mail the Customer must state his personal data.
5. PCextreme is authorised to assign its contractual position (taking over contract in the sense of article 6:159 DUTCH CIVIL CODE) to a third party and shall notify the Customer thereof. If this assignment is for the Customer reasonably not acceptable, then he has the right to cancel the Agreement within five days after receipt of the concerned notification in writing per registered mail or electronically via the Control Panel. The Customer is not authorised to assign his contractual position or his rights or obligations deriving from an Agreement to third parties without prior written or electronic (per e-mail) permission of PCextreme.
1. Delivery of Products or Services takes place firstly after the conclusion of the Agreement and after receipt by PCextreme of all data and documents requested by it that are necessary for a correct execution of the Agreement. Delivery takes place as soon as possible after conclusion of the Agreement or on a later moment explicitly agreed upon. PCextreme has the liberty to start directly after the conclusion of an Agreement with the execution thereof.
2. An agreed delivery time is purely indicative and can never be regarded as a fatal term. If the agreed delivery time is exceeded or if the agreed delivery time threatens to be exceeded, PCextreme shall notify the Customer thereof.
3. If the exceeding of an agreed delivery time is caused by Force Majeure, the agreed delivery time will be extended with the time that the Force Majeure lasts. PCextreme is in case of Force Majeure - except for suspension - also authorised to terminate the Agreement in whole or in part, without being held to compensation of damages.
1. All prices stated on the website of PCextreme or in the Agreement or otherwise communicated by or on behalf of PCextreme are in Euro, exclusive of VAT and other levies and/or retributions by the government, unless it has been stated explicitly differently.
2. PCextreme reserves the right to change prices in-between. It shall notify the Customer hereof at least one month before the date on which the changed prices come into force in writing, per e-mail or electronically via the Control Panel. If the Customer does not accept a price change, the Customer has the right to dissolve the Agreement to which the price change relates in writing per registered mail or electronically via the Control Panel within fourteen days after the date of the notification referred to in this article against the date on which the changed prices come into force.
3. PCextreme reserves the right to increase the prices once per year without prior notification with a percentage equal to the increase of the consumer price index, as it is established by the CBS for the year preceding the year in which the prices are increased. The increase of the prices as referred to in this article gives the Customer no right to dissolve the Agreement as a consequence thereof.
1. The payment obligation of the Customer starts on the day on which the Agreement is concluded.
2. The Customer is required to pay each amount of the invoice within fourteen days after the date of the invoice to PCextreme in the manner designated by PCextreme, unless on the invoice a deviating payment term is stated.
3. Objections against the height of the invoices or the delivered Services or Products do not suspend the payment obligation.
4. PCextreme is authorised to send its invoices to the Customer per e-mail or electronically via the Control Panel. If the Customer wishes to receive an invoice per post, then PCextreme reserves the right to bring the extra costs thereof into account to the Customer, which extra costs are € 2.50 per invoice.
5. If payment takes place by means of direct debit, but the direct debit proves to be impossible, for instance because of insufficient balance on the account of the Customer or because of a bank account number stated by the Customer incorrectly, he is liable to pay € 2.50 administration costs per unsuccessful direct debit.
6. In case of too late payment the Customer is in default by law and PCextreme has the right: (9.1) without that thereto a notification of default or notification is required, to bring the interest by law into account over the full due amount from the date on which payment should have taken place till the date on which the due amount has been received by PCextreme; and (9.2) to hand over, after notification of default, the claim for collection to a third party. The Customer shall compensate all costs that PCextreme must make to collect the due amount, including among others costs of legal assistance, court costs and out-of-court costs, the latter with a minimum of 10% of the claimed amount with a minimum of € 125.00. A notification of default in that respect may be sent electronically if the Customer has chosen for electronic payment or payment has taken place after receipt of an invoice sent electronically.
7. If the Customer does not pay an amount of the invoice within the agreed term, PCextreme shall send the Customer - that is already in default - a payment reminder. PCextreme sends the payment reminder in the same manner as the invoice. In case of too late payment of an invoice sent per post, PCextreme is authorised to send a maximum of three reminders per post to the Customer, of which the costs are set at € 2.50 per reminder and which costs come for the account of the Customer. If PCextreme hands over the claim for collection, the out-of-court collection costs, with a minimum of € 40.00, as described in the Dutch Law Norms for Out-of-Court Collection costs, will be entirely for the account of the Customer.
8. If the Customer does not pay an amount of the invoice within the agreed term, then PCextreme is authorised - without being liable in any manner for damage - to suspend the compliance with its obligations till the Customer has fully complied with all of his obligations towards PCextreme. The suspension of the obligations referred to can among others consist of closing down of the Products and Services or making the use of the Services impossible.
9. he suspension of the delivery of Products and Services lasts till the moment on which the outstanding invoices have been paid and that payments have been processed by PCextreme. The costs related to the re-connection that are established at an amount of € 10.00 shall be brought into account to the Customer. An expedited re-connection can take place, if the Customer requests this per e-mail or electronically via the Control Panel to PCextreme, while sending a proof of payment (inclusive of interest, reminder costs and re-connection costs). The reconnection costs are in case of an expedited re-connection € 50.00.
10. All Products and Services delivered to the Customer remain property of PCextreme, till all amounts due by the Customer have been paid to PCextreme, including of possibly due interest and collection costs.
11. Incoming payments serve to satisfaction of the oldest outstanding posts, interests and costs therein included.
1. PCextreme is authorised, without being held on whichever basis to any compensation of damages, to dissolve or suspend the Agreement in whole or in part with immediate effect and without intervention of the court by registered letter or per e-mail, notwithstanding the right of PCextreme to claim compliance instead of dissolution or suspension, and notwithstanding its right on compensation of damages, if:
2. The right of suspension as described in the GTC, means that PCextreme is authorised to put the Services or a part thereof (temporarily) out of use and/or to limit the use thereof. PCextreme shall notify the Customer hereof in advance, unless such cannot be expected in reasonableness of PCextreme. The obligation to payment of the amounts due on the basis of the Agreement will remain during the putting out of use nevertheless. The Customer remains furthermore obliged to payment during the remaining period of the agreed minimum tenor of the Agreement.
3. If the Customer is a consumer (a natural person not acting in the exercise of profession or trade) and the Agreement concerns the delivery of a Product, the Customer has the right, without stating reasons, to dissolve the Agreement within seven working days after receipt of the Product in writing or per e-mail. The Customer must then return the received Product within five working days after dissolution in same state as in which it has been delivered, being unused, undamaged, and in the original packaging and with all related documentation, warranty papers, accessories and packaging materials, inclusive of the original packaging slip, to PCextreme. The sending back of the delivered Product will entirely be for the account and risk of the Customer. PCextreme advises, therefore, the Customer to send back delivered Products only per registered and insured post.
4. If the Customer is a consumer (a natural person not acting in the exercise of profession or trade) and the Agreement concerns the delivery of a Service, then the term of seven working days starts on the day on which the Agreement is concluded. The Customer has no right to dissolution of the Agreement within the term of seven working days referred to above, if the delivery of the Service started with the consent of the Customer within the term of seven working days after conclusion of the Agreement, PCextreme has executed the Service in one go and/or PCextreme already started the execution of the Agreement.
5. The right to dissolution referred to in article 10.4 does not exist if the Product has been manufactured in accordance with specifications stated by the Customer and/or if the Product obviously is of a personal nature and/or it concerns tailor-made work.
6. If PCextreme dissolves or suspends the Agreement on the basis of this article, then each claim of PCextreme on the Customer will become payable upon demand immediately.
1. PCextreme is required to make an effort to comply with its obligations from the Agreement. It however does not warrant that the Customer at all times has unrestricted access to the Services exploited by PCextreme. Furthermore, it is not warranted that the Customer is safeguarded from the going missing, exchanging, or damaging of data.
2. Unless any lawful obligation or court ruling shall oblige PCextreme thereto, PCextreme shall refrain from taking knowledge of the content of personal e-mail and/or files of and/or making available, aimed at the Customer, to third parties.
3. PCextreme shall make an effort to sufficiently maintain the Systems and other matters used by it for the execution of its obligations (including renewal and innovations). The Customer shall be notified timely about Maintenance to be executed, unless that in connection with the necessity and/or urgency of the Maintenance cannot be required of PCextreme. PCextreme shall make an effort to let Maintenance take place on times that it can be expected that the Customer experiences little hinder thereof. PCextreme can however not warrant that the Customer will experience no hinder and/or damage. PCextreme is not liable for the consequences of Maintenance, or for damage, including missed income of the Customer, if Maintenance is executed.
4. PCextreme shall make an effort to process complaints of Customers to the satisfaction of the Customer. PCextreme is however only required to process complaints, insofar the complaint within three working days after the moment on which the Customer should have established the shortcoming or the complaint has been reported per email or electronically via the Control Panel to PCextreme, and the complaint can sufficiently be established and has sufficiently clearly been described. PCextreme make an effort to fully process the complaint within two weeks after submission.
5. PCextreme is not required to the verification of the correctness of the information placed on the website of the Customer.
1. The Customer is obliged to compliance with his obligations from the Agreement, as well as to compliance with obligations of which the compliance on the basis of written and unwritten law can be required in reasonableness from the Customer.
2. The Customer is obliged to behave in accordance with what in reasonableness can be required of a responsible, reasonable and careful user of the internet.
3. The Customer is obliged to behave in accordance with lawful stipulations and guidelines. More in particular the Customer is obliged to refrain from violation of rights of intellectual property of PCextreme and/or third parties, the distribution in an illegal and/or criminally punishable manner of racist expressions, child pornography, understood criminal data traffic, insulting expressions, sending of spam, including the unrequested sending of large quantities of e-mail with the same content, to acquire access o trying to acquire access to computer systems for which he is not authorised to access (hacking).
4. The Customer is obliged to behave in such a manner that other Customers and/or other internet users are not hindered and/or suffer damage.
5. The Customer is at all times responsible for the use and the content of the Products and Services purchased by the Customer and must ensure by himself a sufficient security and/or back-up of data regarding and on his account, unless agreed differently in writing or per e-mail between parties. PCextreme makes for its own use system backups, which also is stated on the Website, but the Customer can derive no rights either from the backups, or the fact that backups are made.
6. The Customer safeguards PCextreme from claims by third parties if the Customer acts in violation with the obligations from the Agreement and these GTC.
7. If in the personal data of the Customer changes emerge, or if at the Customer that acts in the execution of a profession or enterprise a change of contact person takes place, then the Customer must give notification hereof as soon as possible to PCextreme in the manner stated on the Website.
8. The Customer is responsible for the use of the log-in data provided by PCextreme to the Customer. PCextreme is not liable for abuse or loss of the log-in data and may rely thereon that the Customer is the person that logs in by means of the log-in data provided to the Customer. PCextreme advises the Customer for this reason to frequently change the log-in data.
9. The Customer must view frequently - PCextreme advises the Customer to do this weekly - the Website, since the communication between the Customer and PCextreme mostly goes via the Website. If messages of PCextreme are missed by the Customer because he does not at least once per week visit the Website, then this will be fully for the account and risk of the Customer.
1. In case of imputable shortcoming in the compliance with the Agreement, because of which the Customer suffers damage, or on any other basis, the liability of PCextreme per event (whereby a related series of events counts as one event) is limited to the value of the invoice of the Agreement from which the liability derives, with a maximum of € 5,000.00. Each liability of PCextreme for any other form of damage is excluded, including additional compensation of damages in whichever form, compensation of direct and indirect damage or consequential damage or damage because of missed turnover or profit, loss of data or immaterial damage, unless there is an instance of wilful intent or conscious negligence by the management of PCextreme.
2. PCextreme is not liable for damage as a consequence of abuse by third parties of data that PCextreme stores or processes in the framework of the compliance with the Agreement. PCextreme is neither liable for damage that emerges by the sending or receiving of information and/or the being available of information on a website.
3. The Customer safeguards PCextreme from all claims to compensation of damages that third parties may make with regard to damage that has emerged in any manner whatsoever by the illegal or careless use of the Products and Services of PCextreme delivered to the Customer.
4. PCextreme is not responsible or liable for the content of the website of the Customer.
5. A precondition for the emergence of any right to compensation of damages is that the Customer reports the damage as soon as possible, but no later than within one month after the emergence thereof, in writing to PCextreme. Damage that is brought outside that term to the knowledge of PCextreme, is not eligible for compensation, unless the Customer can make it likely that he hasn’t been able to report the damage earlier.
1. In case of Force Majeure PCextreme shall notify the Customer hereof without delay in writing, per e-mail or via the Website, stating the cause, the nature and the duration to be expected of the Force Majeure and the stipulations of the Agreement that as a consequence thereof cannot be complied with.
2. In case of Force Majeure, PCextreme is authorised to suspend the execution of the Services during the Force Majeure, or to terminate the Agreement in whole or in part, without being held to compensation of damages.
3. Shortcomings in the execution of an Agreement in case of Force Majeure cannot be imputed to PCextreme and shall give the Customer no right to dissolution or suspension of the Agreement or to compensation of damages.
4. No refund shall take place of the monies paid in advance by the Customer.
1. All that is published on the website of PCextreme falls under the right of Intellectual property of PCextreme. Nothing may be multiplied, stored or disclosed without the written prior permission of PCextreme.
2. The Intellectual property rights on all Products and Services that PCextreme makes available in the framework of the Agreement, remain with PCextreme or with the third party from whom PCextreme has acquired the right to make (a part of) these Products or Services available to the Customer.
1. Changes of and additions to any stipulation in the Agreement are only valid if they will be agreed in writing, per e-mail or electronically via the Control Panel and can only be proven therewith.
1. Both the Customer and PCextreme are required to keep all confidential information and correspondence that they exchange strictly secret and not provide this to third parties, other than set forth in the articles 17.3 and 17.4.
2. The Customer hereby gives PCextreme explicitly permission to process and use the personal data provided by the Customer for the benefit of, and on the taking in, of a data file that PCextreme creates in the framework of the compliance with its obligations from the Agreement. These data shall always be stored and managed in compliance with the applicable lawful regulations.
3. The Customer agrees that his personal data, in compliance with the applicable lawful regulations, are processed for market research and direct-marketing for the benefit of Services of PCextreme, also if these Services are still not yet subject of an Agreement. If the Customer objects to the processing of his personal data or wishes to withdraw a permission granted earlier, then the Customer must make that known in writing or per e-mail to PCextreme.
4. PCextreme shall not make the personal data of the Customer available to third parties, except for:
5. The Customer can at all times request viewing of the data that have been stored about him in the data file of PCextreme. The data can be viewed free of charge via the Control Panel. If the Customer requests an overview in writing, then PCextreme shall provide this overview within four weeks to the Customer. PCextreme can bring a fee into account for this.
6. PCextreme shall make an effort to arrange for necessary technical and organisational measures to secure personal data against loss or against any form of illegal use by third parties. These measures provide for, taking into account the state of the technique and the costs of execution, a suitable level of protection in view of the risks that the processing and the nature of the data bring along.
7. The Customer is aware that PCextreme processes the personal data of the Customer, including data about the activities of the Customer on the Website, such as the visited pages, the time that is spent on various parts of the Website, the internet address of the website from which the Customer comes and the Products or Services that the Customer has ordered. PCextreme stores these data on in a databank that is used for the execution of the Agreement, including among others measures to improve the provision of Services to the Customer and the provision of information or offers to the Customer.
8. The Customer may, if so desired, view and let be corrected the data that PCextreme has collected about him. The Customer has the right to request PCextreme to remove the data of the Customer eligible thereto or to shield them off. PCextreme shall decide upon this request within four weeks, after balancing the concerned interest of PCextreme and the privacy interest of the Customer and shall, in case of a decision to shielding or removal, inform the Customer to which extent the use that the Customer makes of Products and/or Services, can be limited or hindered.
1. The Laws of the Netherlands are applicable to all disputes between parties, including those which are only regarded by one of the parties as such.
2. These disputes shall, after parties have tried to resolve the dispute mutually, but have it succeeded therein, be resolved by the competent court in Middelburg, the Netherlands, notwithstanding the right of PCextreme to submit the dispute to another body, such at the discretion of PCextreme, unless on the basis of a mandatory lawful stipulation the dispute must be submitted to another body.
1. These GTC have been filed at the Clerk’s office of the District Court in Middelburg, the Netherlands on 01-04-2012 and can be consulted on the website www.pcextreme.com. Upon request a copy of the GTC will be sent free of charge.