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Neostrada Terms and Conditions

Article 1 - Definitions

In these General Terms and Conditions the following definitions are used, both in singular and plural.

1.1 General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known (on paper or electronically).

1.2 NIS: The private company with limited liability Totaaldomein BV, trading as "Neostrada", with its registered office in Lelystad and offices (8243 US) Lelystad, at Reaalhof 64 (Chamber of Commerce number: 50033425).

1.3 User: an adult competent and disposable natural person or a legal person who has registered on the Website.

1.4 Registration: the complete filling in and sending of the registration form on the Website, making it possible to use the Services of NIS.

1.5 Website: www. and to consult all other sites registered under the name of NIS in the register of the SIDN.

1.6 Customer: the User with whom NIS has entered into an agreement and / or for whose benefit the legal act has been / is performed, on the basis of which NIS provides Services to this party.

1.7 Services: all activities and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between NIS and Customer. In particular the 'real-time' application of domain names, including, but not limited to '.eu' domain names and requesting a hosting package for a website.

1.8 SIDN: The Foundation for Internet Domain Registration in the Netherlands..

Article 2 - Applicability of the General Terms and Conditions

2.1 These General Terms and Conditions are applicable to and form part of all offers, quotations, agreements and other legal acts, whether oral, written, electronic or in any other form, concerning the delivery by NIS of Services to or for the benefit of Customer.

2.2 These General Terms and Conditions also apply to Services in which NIS wholly or partly involves services from third parties and, whether or not processed, delivers them to the Customer, as well as Services that fulfill the offer, quotation, contract or other legal transaction of NIS are delivered to the Customer by a third party.

2.3 Deviations from these General Terms and Conditions are only valid if they have been agreed explicitly and in writing by NIS and Customer in advance.

2.4 The applicability of general terms and conditions of the Customer is explicitly rejected.

2.5 If and insofar as any provision of these General Terms and Conditions is void or voidable or is destroyed, the other provisions of these General Terms and Conditions remain in full force. NIS and Customer will then enter into consultation with each other about a new provision to replace the void / voided provision, whereby the scope of the void / voided provision will be taken into account as far as possible.

2.6 NIS is authorized at all times to amend these General Terms and Conditions. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change.

Article 3 - Agreement

3.1 All offers from NIS are without obligation, unless expressly stated otherwise in writing.

3.2 All quotations made by or on behalf of NIS are without obligation, unless otherwise stated by NIS in writing or by e-mail.

3.3 All agreements between NIS and Customer are exclusively drawn up in Dutch.

3.4 An agreement is concluded by a User filling in the order form placed by NIS on the Website and confirming that form by sending.

3.5 Additions and changes to the agreement are only valid if the parties have agreed in writing.

3.6 Unless expressly agreed otherwise in an agreement, agreements are entered into for a period of 12 months from the date of dispatch of the form by the Client.

3.7The agreement is automatically extended by the same period if no (1) month before the end of the agreement via the online customer panel on neostrada.nl has been canceled. If the Customer is a consumer, the Agreement will be entered into for a period of 1 year. The Customer has the right to terminate the Agreement by the end of this period with due observance of a notice period of 1 month. If the Customer does not terminate the agreement, it is automatically extended to an indefinite contract. In this case, the Customer has the right to terminate the Agreement with due observance of a notice period of 1 month. Costs incurred or no longer canceled by NIS on behalf of the Client, after entry or automatic renewal of the Agreement will not be refunded as a result of the cancellation, or at least remain due after the termination. Cancellation must be done via the online customer panel on neostrada.nl.

3.8 Specified deadlines for the delivery by NIS of Services serve only as a guideline and are therefore never fatal, unless expressly agreed otherwise in writing.

Article 4 - Domain registration

4.1 Application and use of a domain name and / or IP addresses are governed by the applicable rules and procedures of the relevant registration authorities, including but not limited to the SIDN. The relevant authority decides on the renewal of domain name and / or IP addresses. NIS only plays an intermediary role in the application and does not guarantee that an application will also be honored.

4.2 Domain names are registered in the name of Customer and Customer is fully responsible for the use of the domain and the domain name. The Client indemnifies NIS against any claim from third parties in connection with the use of the domain name. This also applies to anonymous domain names.

4.3 If the Client has anonymously registered the domain name with NIS, NIS has the right at all times to hand over the personal data of the actual holder to third parties.

4.4 In case of an anonymous domain registration, the customer remains responsible for the domain name. Any costs incurred will be charged to the customer.

4.5 It is not allowed to register an domain name anonymously which is registered as a trademark or registered as a trade name in the register of the Chamber of Commerce, unless it is demonstrably a brand or trade name of Customer.

4.6 NIS reserves the right to change an anonymous domain name to Customer data.

Article 5 - Hosting

5.1 NIS has a best effort obligation with regard to the availability of the server and the network, in accordance with the agreed service level. NIS is not liable if this level is not realized at any time, regardless of the cause of not achieving this level.

5.2 NIS is not liable for failure or inaccessibility of the server and the network as a result of force majeure, including but not limited to: failures in the internet or other providers, failure of electricity, attempts of third parties to prevent outages or inaccessibility of a site ..DDoS attacks and maintenance work are excluded from the uptime guarantee offered.

5.3 NIS is not liable for damage as a result of granting cooperation or giving execution to an officially given order including facilitating the attachment of and giving access to or the delivery of data and Personal Data stored by the Customer.

5.4 The Customer is not permitted to use the Services and / or the available disk space for:

  1. actions and / or conduct in violation of the applicable statutory provisions, the Netiquette or the guidelines of the Advertising Code Committee;
  2. sending unsolicited e-mail and / or unsolicited posting of a message with the same content in large numbers of newsgroups on the internet (spamming);
  3. infringing intellectual property rights of third parties, including but not limited to violating copyright;
  4. publishing or distributing punishable texts and / or images or sound material, including but not limited to child pornography, racist material and discriminating or hatred expressions;
  5. sexual intimidation or harassment of persons in other ways;
  6. crypto mining services;
  7. the unauthorized intrusion of other computers or sites on the internet or an intranet, whereby some security is breached and / or access is gained through a technical intervention using false signals or a false key, or by accepting a false status (hacking). Computers also include devices such as smartphones, peripherals, such as (3D) printers and scanners and vehicles with WiFi;
  8. distributing computer viruses and placing spyware and malware;
  9. any other action in violation of the law, the rules of conduct, as well as that which is proper in society.

5.5 The Customer is not permitted to rent the available disk space to third parties or to allow third parties to use it in any other way. This article only applies to web hosting and not to vps hosting, reseller hosting or cloud servers.

5.6 In the following cases, NIS is entitled to block the Customer's website completely without prior warning and without giving reasons with immediate effect for all use or to remove it from the server, without the Client being able to claim any right to compensation and with the obligation. to compensate NIS for all damage suffered as a result of the violation by NIS or by third parties. Non-payable subscription fees will be returned or settled:

  1. if the Customer violates the provisions of Article 5.3 or if there is a serious suspicion of violation;
  2. if (a part of) the Client's site is the cause or threat of a 'down' or unavailability of a NIS server;
  3. if it appears that the Customer has provided false and / or wrong personal or company details;
  4. if it appears that the Client has entered into the agreement under false pretenses;
  5. on the grounds of a (enforceable order declared valid or res judicata) judicial verdict or a given official order.

5.7 NIS has no influence on the information that is placed on the site or that is distributed via the servers and is not liable for any consequences. Nor is NIS liable for the leakage of confidential data. Customer is accountable for the use of credit card payments and acceptance mechanisms or the use of electronic money via the site or otherwise.

5.8 Customer ensures a regular back-up of all files on the server, NIS does not bear any responsibility for any loss of data and the resulting damage.

5.9 NIS is entitled to (temporarily) decommission the applications without prior publication and / or to limit their use insofar as this is necessary for the required maintenance or for improvement of the system or the application.

5.10 The temporary unavailability or reduced availability of the application never entitles the Client to any refund of (a part of) an invoice.

5.11 The Customer is explicitly not permitted to use IRC (Internet Relay Chat) or any other similar program.

5.12 The Customer is explicitly not allowed to set up a chat service.

5.13 The Customer is explicitly not allowed to set up an (anonymous) proxy.

5.14 MySQL databases are based on Fair use policy (both number and storage). In the event of extreme use, NIS may request that the number of databases and / or storage be limited.

5.15 The customer is explicitly not allowed to use web space as backup and / or file storage (other than Customer's website and possibly some backups thereof), including offering file, photo or video sharing and the use of the website. Service as a backup medium. This is allowed for cloud servers.

5.16 Unlimited data traffic is based on Fair Use Policy

5.17 Unlimited storage is based on Fair Use Policy. In the event of misuse of the unlimited hosting and data traffic package agreed with NIS, NIS is entitled to limit the use of that package after detection of the abuse. In that case, NIS will contact Customer in order to find a suitable solution in consultation with the Customer. The agreements made with the Customer are recorded in writing by the parties.

Article 6 - Decommissioning

6.1 NIS is entitled - without being obliged to pay any compensation - to render Services (temporarily) out of service and / or to limit their use if the Client does not fulfill an obligation towards NIS in respect of the agreement and / or acts in contravention with these general terms and conditions and / or on the grounds of a (enforceable order declared valid or res judicata) judicial verdict and / or a given official order. The Customer remains obliged to pay his payment obligations on the basis of the agreement concluded with the Customer.

6.2 The commissioning shall be resumed as soon as possible after the Customer has fulfilled his obligations and has met an established amount for commissioning and / or if NIS receives a written notification from the competent authority that the service may be performed again.

Article 7 - Prices and rates

7.1 All prices and rates stated by NIS are in euros, unless explicitly stated otherwise in writing in advance.

7.2 All prices and rates quoted by NIS are exclusive of turnover tax (VAT) and exclusive of any other government levies, as well as exclusive transport and delivery costs or travel and accommodation costs, unless explicitly stated otherwise in writing.

7.3 NIS is entitled at all times to adjust its prices and rates. The announced price changes take effect two (2) months after the announcement thereof.

7.4 Customer is entitled to terminate the agreement by the date of the change. Cancellation must take place via the customer panel.

Article 8 - Payment

8.1 The payment obligation of the Customer commences on the day that the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of Services from NIS.

8.2 Payment must be made in the currency stated on the invoice. Payment in cryptocurrency is not accepted by NIS, unless explicitly agreed with NIS in writing.

8.3 Customer must pay the invoices of NIS within the payment term stated on the relevant invoice. If no payment term is stated on an invoice, a payment term of 8 (eight) days applies.

8.4 All payments by Customer to NIS will be deducted from Neostrada's oldest claim, regardless of any other indication by Customer.

8.5 The Customer is not entitled to suspend his payment obligations than to settle an (alleged) monetary claim against NIS with any amount due to NIS.

8.6 If Customer does not pay any invoice from NIS within the payment term, Customer is legally in default, without any notice of default or demand being required.

8.7 If no payment is received on the due date, a Customer who is a consumer shall owe statutory interest pursuant to article 6: 119 of the Dutch Civil Code on the amount due. A Customer who acts on behalf of a trade or company is liable to pay statutory commercial interest pursuant to article 6: 119a of the Dutch Civil Code.

8.8 If Customer, after written notice to pay the amount due within two weeks after the reminder, does not pay, customer will be charged ad € [=]. after negligent payment of the amount due, plus the interest due, in accordance with article 8.6, Customer will be liable for payment costs of € 35,- excluding VAT.

8.9 If the Client does not pay within the specified period after written notice of payment as described in 8.7, NIS is entitled to hand over the claim for collection. In that case, in addition to payment of the principal sum, the customer is liable for the interest and demand for payment of all damage suffered by NIS, as well as all extrajudicial and judicial (collection) costs (including but not limited to bailiff's costs, court fees, postage costs). and attorney fees). The amount of the extrajudicial costs is at least 15% of the principal sum, with a minimum of € 375, - including VAT.

8.10 If the Customer is of the opinion that an invoice is incorrect, the Customer may object in writing to the invoice. An objection must be received by NIS two weeks after the invoice date. Objections must be submitted to the office address of NIS or sent by e-mail to: [email protected] After receiving the objection, NIS will institute an investigation. In the event of late or not submitted objections, the invoiced or collected amount will be regarded as correct and accepted by the Client.

8.11 If the customer uses the direct debit payment method, NIS will automatically collect the amount due from the specified bank account. The Customer is responsible for the correctness of the bank details provided, including but not limited to the account number and the name.

8.12 If the customer uses the direct debit payment method and the depreciation is reversed, client administration is due.

Article 9 - Termination

9.1 The customer must cancel the agreement in accordance with Article 3.8 or Article 7.4. Cancellation must only take place via the online customer panel on neostrada.ncom.

9.2 Each party is entitled to terminate the agreement by extrajudicial dissolution if the other party imputably fails to comply with essential obligations under the agreement and fails to do so within a reasonable period after having been duly notified in writing. Dissolution shall not release Customer from any payment obligation in respect of Services already provided by NIS, unless NIS is in default in respect of these Services.

9.3 NIS is entitled to terminate the agreement with immediate effect without notice of default and / or judicial intervention if:

  1. Customer is declared bankrupt;
  2. Customer has applied for or obtained a provisional or definitive suspension of payment;
  3. Customer has lost free control over (part of) his assets;
  4. If Client is a legal person: changes legal form, merges with or is taken over by another legal entity, or ceases to exist.
  5. e. NIS has reasons to doubt the payment option of the Client to (timely) fulfill its obligations under the agreement.

9.4 NIS is entitled to terminate the contract without judicial intervention with immediate effect or to put it out of action in the cases described in article 4.

9.5 NIS is entitled to cancel the domain names immediately, or to change the domain name holder data to the data of NIS. In case of dissolution on the basis of the principles mentioned in this article 9.

9.6 In the event of dissolution on the basis of the principles referred to in this article 9, the Customer is not entitled to any compensation.

Article 10 - Liability

10.1 NIS in its activities depends on the cooperation, services and deliveries of third parties, which NIS can exercise little or no influence on. NIS is not liable as a result of any shortcoming in the fulfillment of an obligation of said third parties.

10.2 Any liability of NIS for any other form of damage under the agreement concluded with the Customer and these General Terms and Conditions is excluded, unless the Client proves that the damage is the result of intent or deliberate recklessness of NIS.

10.3 The Customer shall indemnify NIS against all claims for compensation that third parties may assert in respect of damage that has arisen in any way whatsoever by the unlawful or careless use of the services provided to the Client by or through NIS. This includes, but is not limited to, a fine from SIDN for the transfer of any domain name without the consent of the rightholder and compensation to a third party whose domain has been unlawfully moved.

10.4 If and insofar as NIS vis-à-vis the Client in the framework of the agreement concluded with the Customer or these General Terms and Conditions is nonetheless obliged to pay compensation, NIS is only obliged to pay compensation for direct damage, up to a maximum amount under the liability insurance of NIS. amount, possibly increased by the excess of NIS. If and insofar as no payment is made for whatever reason under the said liability insurance, the liability of NIS is limited to compensation of the direct damage up to an amount equal to the reimbursements received by the Customer from NIS under the Agreement in the twelve months preceding to the event causing the damage.

10.5 The Customer is liable for all damage that NIS may suffer as a result of a shortcoming attributable to the Client in the fulfillment of the obligations arising from the agreement and these General Terms and Conditions.

10.6 Changes in Customer's data must be immediately communicated to NIS by the Client in writing. In the absence of this, the Customer is liable for any damage that the Customer or NIS may suffer as a result.

Article 11 - Privacy

11.1 NIS processes personal data within the meaning of the General Data Protection Regulation ("GDPR") at or in connection with the execution of its Services. The Customer is regarded as the controller of the processing of the Personal Data and NIS as the processor. The conditions and conditions of this processing of personal data by NIS on behalf of the Customer are set out in the Appendix Data Processing of these General Terms and Conditions.

11.2 NIS processes Personal Data of its customers, prospects and other business contacts. NIS is the controller with regard to the processing of this personal data. The full and up-to-date privacy statement from NIS can be consulted at www.neostrada.nl.

11.3 NIS (as registrar) represents the holders of domain names in their subscription relationship with the relevant managing authorities. In that context, NIS exchanges personal data (name, e-mail address, telephone number, correspondence address) with the relevant managing authority and other registrars, insofar as necessary for the registration or transfer of domain names. A processor agreement exists between NIS and the relevant registrars. NIS is not responsible for the way in which the managing authorities process personal data. For this purpose, the Client must consult the privacy statement of the relevant managing body.

Article 12 - Applicable law and competent court

12.1 All disputes between NIS and Customer are governed by Dutch law.

12.2 All disputes between NIS and Customer are, in the first instance, exclusively submitted to the competent court in the Midden-Nederland District Court.

Appendix Data processing

Article 1 - Definitions

The names and terms in this Appendix that are written with a capital letter have the following meaning:

1.1 Personal data: all information about an identified or identifiable natural person;

1.2 Processing: an operation or a whole of operations relating to Personal Data or a set of Personal Data, whether automated or not, such as collecting, recording, organizing, structuring, storing, updating or modifying, retrieving, consulting, using, providing by by means of transmission, distribution or otherwise making available, aligning or combining, blocking, erasing or destroying data;

1.3 Privacy legislation: all applicable laws and regulations on the processing of personal data - but not limited to - the General Data Protection Regulation;

1.4 Datalek (s): a personal data breach, ie any breach of security that inadvertently or unlawfully leads to the destruction, loss, modification or unauthorized disclosure of or unauthorized access to stored or otherwise stored processed data.

1.5 Processing Controller: Customer, being the (legal) person who (alone or together with others) determines the purpose and the means for the Processing of personal data and is obliged, on the basis of Privacy Legislation, to take the guarantees that are necessary for that Processing;

1.6 Processor: NIS, being the (legal) person who processes Personal Data on behalf of the Processing Officer;

1.7 Sub-processor: the (legal) person who in turn processes Personal Data for NIS;

1.8 Agreement: the Agreement concluded between the Parties with regard to the services provided by NIS to the Customer, of which this Appendix forms an appendix;

Article 2 - Subject

2.1 NIS will process Personal Data on behalf of the Customer at or in connection with the execution of its Services.

2.2 On the basis of Privacy Legislation, the Client is regarded in this capacity as the Processing Officer of the Processing of Personal Data and NIS as a Processor. This Appendix contains the conditions and conditions of this Processing of Personal Data by NIS.

Article 3 - Obligations of NIS

3.1 NIS processes Personal Data only to the extent necessary with or in connection with the execution of the Agreement concluded between the Parties. The Processing of Personal Data by NIS takes place in a proper and careful manner, in accordance with the Privacy Act and in accordance with the (written) instructions from the Client. Customer guarantees that instructions given by her are in accordance with Privacy legislation.

Article 4 - Sub-processors

4.1 NIS is entitled to engage Sub-processors in the Processing of Personal Data, provided that NIS ensures that Sub-processors take on at least the same obligations as rest on NIS based on this Appendix.

4.2 NIS will remain the Customer's point of contact in this ratio.

Article 5 - Transfer of Personal Data

5.1 NIS will only pass on Personal Data to a country outside the European Economic Area, provided that that country guarantees an adequate level of protection and complies with the other obligations imposed on it by virtue of this Appendix and Privacy Legislation.

5.2 NIS will only pass on Personal Data to the United States on the basis of an EU model contract or to companies certified by the US Department of Commerce on the basis of the Privacy Shield.

Article 6 - Security

6.1 NIS will endeavor to take sufficient appropriate technical and organizational measures to secure the servers (hardware) and the Personal Data stored thereon against loss and against any form of unlawful Processing. These measures guarantee, taking into account the state of the art, the implementation costs, an appropriate level of security in view of the risks of the Processing and the nature, scope and context of the Personal Data to be protected.

6.2 Customer is responsible for taking appropriate technical and organizational security measures with regard to the software and applications used.

Article 7 - Reporting obligation

7.1 In order to enable the Customer to comply with the statutory Reporting Requirements for Data Leaks, NIS will inform the Client of this immediately after it has taken note of a Datalek. This notification as includes a description of:

  • the Datalek;
  • the nature of the infringement (including copying, changing, deletion, theft, unknown);
  • when the Datalek has taken place;
  • the technical measures taken by NIS to stop the infringement and prevent future infringements.

7.2 NIS will provide further information on the Datalek at the request of the Client, insofar as necessary for the Client to comply with its legal obligations regarding notification to the Authority for Personal Data and the Parties Concerned.

7.3 NIS can, under the Telecommunications Act, have the obligation to report (security) incidents and Data Leaks independently to the Telecoms Compulsory Information Desk.

Article 8 - Rights of Data Subject (s)

8.1 Taking into account the nature of the processing, NIS will, as far as possible, assist the Processing Officer in fulfilling his duty to respond to requests for exercising the rights of the Data Subject (s) laid down in Chapter III GDPR, by means of appropriate technical data. and organizational measures.

8.2 NIS will immediately notify the Client of a request (s) of the Data Subjects directly addressed to NIS. NIS shall ensure that sub-Processors engaged by it do not respond independently to requests as referred to in Article 8.1 of this Processor Agreement, unless written instructions have been issued for this.

Article 9 - Data protection impact assessment

9.1 NIS provides the Client with assistance in performing a data protection impact assessment to the extent possible by making available all relevant information in order to assess the effect of the intended processing activities on the protection of Personal Data.

Article 10 - Audits

10.1 If the information and documentation made available by NIS proves insufficient compliance with this Processor Agreement by NIS, the customer has the right to perform an audit. The costs of the audit are borne by the Client.

10.2 An audit initiated by the Customer will take place at least two weeks after the prior announcement, with a description of the components on which the audit and the process take place once a year.

10.3 The processor will cooperate with the audit and provide all relevant information reasonably relevant to the audit, including supporting information, as soon as possible and within a reasonable period of time. Parties will assess the outcome of the audit in mutual consultation.

Article 11 - Confidentiality

11.1 NIS undertakes, unconditionally and irrevocably, secrecy during and after termination of this Agreement of all Personal Data of which it knows or reasonably suspects the confidential nature.

11.2 NIS guarantees that persons employed by or working for NIS and (possible) access to Personal Data are bound by the obligation of confidentiality described in this article and are refrained from copying, transmitting, transferring or otherwise distributing Personal Data. To third parties.

11.3 This obligation shall not apply unless and insofar as disclosure is required by law and / or court order, in which case the information to be disclosed shall be kept as limited as possible.

Article 12 - Liability

12.1 If NIS fails to comply with the obligation under this Processor Agreement, the Customer may give notice of default to NIS. Notice of default will be given in writing, whereby NIS will be given a reasonable period to still fulfill its obligations.

12.2 NIS is liable on the basis of the provisions of article 82 of the GDPR, for damage or loss resulting from the failure to comply with this Processor Agreement. This liability is limited to the amount stated in Article 10.4 of the General Terms and Conditions.

12.3 Parties indemnify each other for all third-party claims (including fines from Authorities) in respect of an act or omission in violation of the Privacy Act of the other Party.

Article 13 - Duration and termination

13.1 The obligations of NIS pursuant to this Annex will also continue unabated after termination of the Agreement, if and insofar as NIS still has access to Personal Data. 14.2 Upon termination of the Agreement, the Customer is responsible for the export of personal data. Thirty (30) days after termination or termination of the Agreement, NIS will remove the existing data and Personal Data on its servers and (back-up) systems.

13.2 NIS may deviate in so far as, in respect of certain Personal Data, there is a statutory retention period applicable to it (including the Telecommunication Data Retention Act) or insofar as this is necessary in order to prove to the Client the fulfillment of its obligations.

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