|1.1.||INTRODUCTION. In this Service Agreement ('Agreement'), 'you' and 'your' refer to each customer ('Customer') and its agents, including each person listed in your account information as being associated with your account, and 'we', 'us' and 'our' refer collectively to Bureau Digitekst and its subsidiaries ('Bureau Digitekst'). This Agreement explains our obligations to you, and your obligations to us in relation to the Bureau Digitekst service(s) you purchase. By purchasing or otherwise applying for Bureau Digitekst service(s), you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Bureau Digitekst service(s) or to modify or cancel your Bureau Digitekst service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, domain name registration services) is your agent with full authority to act on your behalf with respect to such services in accordance with the permissions granted, and that the Primary Contact and Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices. Except as otherwise expressly set forth in this Agreement, you agree that if you list, directly or by default, Bureau Digitekst as a contact for your account and/or any of the services in your account, we have the right, without notice, to remove our name and/or information from any such account or service and to replace the same with the name and/or information provided by you for any other contact associated with that account or service.|
|1.2.||AGREEMENT. The following terms and conditions are applicable to the Customer of Bureau Digtekst (you). An agreement between Bureau Digitekst and Customer is established as soon as Customer and Bureau Digitekst, represented by one of its employees, have agreed to such, either orally or in writing. As from that moment Customer holds obligation to fulfill any obligations, financially or otherwise, as agreed upon by Customer and Bureau Digitekst.|
|1.3.||DURATION. Customer agrees with registration of Internet domain names and Internet services for a twelve (12) calendar months term, with a cancellation term of at least one (1) calendar month. After expiring of these 12 months the agreement is tacitly extended, unless customer has terminated the service taking into account the 1 month cancellation term.|
a. By You. After the initial 12 months term, you may terminate this Agreement upon at least thirty (30) days written notice to Bureau Digitekst for any reason. A termination request must be in writing, or by e-mail, on the condition that a termination by e-mail is only valid if Bureau Digitekst has confirmed the termination by e-mail, not being an automatically sent read confirmation.There will be no refund of any fees paid. Your existing financial obligations will survive termination without limitation.
b. By Us. We may terminate this Agreement or any part of the Bureau Digitekst services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in this Agreement, if we determine in our sole discretion that you have violated the Bureau Digitekst Acceptable Use Policy, which is incorporated in and made part of this Agreement in section 2, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
c. Effect of Termination. Except as otherwise expressly set forth herein or on our Web site, Bureau Digitekst will cease charging your account, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by Bureau Digitekst, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Bureau Digitekst incurs in closing your account. You agree to pay any and all costs incurred by Bureau Digitekst in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Bureau Digitekst service, if applicable. In addition to the terms set forth herein, certain Bureau Digitekst services may have additional terms regarding termination, which are set forth in the applicable Schedule.
d. Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 10(c) above, if you purchase Bureau Digitekst services which are sold together as part of a 'bundled' package of services, any termination relating to such bundle will terminate all Bureau Digitekst services included in such bundle. For instance, any domain name registered with or maintained by Bureau Digitekst under this Agreement (but not including any domain names you may have registered, either with Bureau Digitekst or a third-party registrar, separately and not as part of a bundled service) will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, Bureau Digitekst will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services.
|1.5.||NONPERFORMANCE. At the first payment reminder, ▒10,- administration cost will be charged, When after the second payment reminder term no payment has been received, the service will be suspended, and a collection service will collect the payment. The collection cost will be charged in addition to the existing charges. After suspension of the service, the payment obligation will remain in effect until all charges are paid. In case of non-payment of bills or other violations or breach of agreements Bureau Digitekst preserves the right to terminate services without indemnity. In case of late payment Bureau Digitekst will contract a legal service, the cost of which will be entirely recovered on customer.|
|1.6.||In case of special offers, regular tariffs apply after expiring of the contract duration. If a product does not return in exactly the same quality a similar product will be offered.|
|1.7.||All amounts in tenders and offers are excluding VAT, unless stated otherwise.|
|1.8.||Payment for services and products will be collected by automatic payment, unless agreed differently.|
|1.9.||Bureau Digitekst primary means for communication is e-mail. It is the responsibility of customer to maintain a registered e-mail address with Bureau Digitekst, and to inform Bureau Digitekst immediately of any change in e-mail addresses. E-mail sent to the address provided must be read by customer within at most 7 days. Customer must promptly notify us of any change in customers e-mail or other electronic address.|
|1.10.||Adaptations to digitally generated documents, related to the agreement, without written confirmation by Bureau Digitekst are regarded void.|
|1.11.||MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on Bureau Digitekst Web site, or upon notification to you by e-mail. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly agreed otherwise, but you will not incur any additional fees. By continuing to use Bureau Digitekst services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Bureau Digitekst is authorized to alter or amend the terms and conditions of this Agreement.|
Use of Services
|2.1.||ACCEPTABLE USE POLICY. Customer agrees to use the infrastructure and systems of Bureau Digitekst as a good house father. This includes, but is not limited to:
- to keep personal and secret and not communicate or forward any user names or passwords
- to refrain from any improper use of the service, this to the judgement of Bureau Digitekst.
At suspection of fraud, hacking or any other misuse the service will be terminated immediately. Bureau Digitekst is not responsible for any resulting damage for customer. Existing payment obligations remain in effect after such termination; there will be no refund of already paid fees.
|2.2.||The products and services offered by Bureau Digitekst may only be used for legal purposes. Bureau Digitekst takes no responsibility for the information placed on the services. Customer will not use the offered services for sending unasked commercial e-mail (spam). Customer will not upload any materials for which he does not own legal rights. The contents and scope of the material on the servers can be under no circumstances pornographic, discriminating or illegal; this to the judgement of Bureau Digitekst. The hosting servers of the services reside in The Netherlands. Only the laws of The Netherlands and the European Union apply. Any other laws or regulations are void and any obligations forthcoming are waived by Bureau Digitekst.|
|2.3.||Bureau Digitekst holds Customer responsible for all damage resulting from misuse of any service, including the misuse of the domain name registration service as a result of the provision of false of fake data, the request of domain transfers without consent, Bureau Digitekst will seek full reconciliation of all resulting costs from Customer by all legal means.|
|2.4.||Bureau Digitekst aims at maximum availability of its services and to reduce interruptions as much as possible. Customer agrees to never hold Bureau Digitekst responsible for interruption of services, loss of data or any other damage, liability or loss resulting from interruption of services.|
|2.5.||The use of scripts and other programs is permitted on the services and systems of Bureau Digitekst, but only if the availabilty of this or any other service of Bureau Digitekst is not endangered, this to the judgement of Bureau Digitekst. Bureau Digitekst will inform Customer of any measures or mitigations taken.|
|2.6.||Overuse of any service offered by Bureau Digitekst or any of its affiliates will be charged to Customer.|
|3.1.||INDEMNITY. You agree to release, indemnify, defend and hold harmless Bureau Digitekst and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Bureau Digitekst services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Bureau Digitekst, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Bureau Digitekst services, or (g) any information, material, or services available on your licensed Bureau Digitekst Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Bureau Digitekst services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.|
|3.2.||EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY BUREAU DIGITEKST SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL BUREAU DIGITEKST, ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM BUREAU DIGITEKST) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF BUREAU DIGITEKST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN BUREAU DIGITEKST'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. Bureau Digitekst and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or your Bureau Digitekst web site; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from Bureau Digitekst); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or reregistration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under Bureau Digitekst sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.|
|3.3.||DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN 'AS IS,' AND 'AS AVAILABLE' BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BUREAU DIGITEKST NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.|
|4.1.||You agree with the terms of service contained in this page at the time an agreement is established, be it orally or in writing. You may read and acknowledge these terms at the internet address http://www.digitekst.net.|
|4.2.||These terms and conditions will be interpreted according to Dutch and European Union law. In case one or more tems might be invalid under these laws, all other terms remain in effect without limitation.|