1. CSV Networks and/or csv-networks.nl: trading as "CSV Networks" with its registered office in Utrecht
2. Principal, Client, Customer, Subscriber: the natural or legal person with whom the Agreement for the delivery of Goods and Services from CSV Networks is concluded.
3. Goods and Services from CSV Networks: the Goods and Services to be developed by CSV Networks whereby information to be made available by the Principal can be consulted and with which electronic reports between users can be exchanged; this includes production, placing and hiring of websites, hire and registration of a domain, promotion of a website, hiring dedicated servers, co-location and all other additional and supporting Goods and Services.
4. Agreement: any mutual acceptance, confirmed digitally, in writing or by e-mail for the delivery of one or more Goods or Services from CSV Networks. This expressly includes orders placed electronically.
1. Unless otherwise mutually agreed by the parties in writing, the Articles below shall apply to any offer, order or Agreement from or with CSV Networks.
2. General Conditions of the Principal or third parties shall not be binding for CSV Networks and shall not apply.
3. This version of the General Conditions shall supersede previous versions.
4. These General Conditions shall continue to govern relations between parties in all cases in which an Agreement with the Principal ends as far as this is necessary for carrying out the Agreement.
5. CSV Networks shall be entitled to unilaterally change these General Conditions in which case changes shall also apply to earlier agreements. Changes shall take effect two weeks after their announcement or on a later date by way of written announcement or statement on the Internet or in a newsletter from CSV Networks. If the Principal does not wish to accept changes to the General Conditions, the Principal shall be entitled, up to the date on which the changes are to come into effect to dissolve the Agreement in writing with effect the date on which the changes are to take effect. After the date on which the changes are to take effect, the Principal shall be deemed to have tacitly accepted the changes.
3. Offer and acceptance
1. All offers and estimates made by or on behalf of CSV Networks shall be non-binding, exclude VAT and be valid for one year unless stated otherwise.
2. CSV Networks shall be entitled to revoke offers made. Offers shall be valid for up to 14 days from the date stated in the offer unless otherwise stated in therein. All offers shall be based on details provided by the Client.
3. The Client shall observe any conditions attached to the use of or application for a certain domain name or domain name extension by the organization issuing the respective domain name or domain name extension failing which CSV Networks shall be entitled to revoke the Client’s domain name registration or suspend such registration procedure.
4. Commencement of Agreement
An agreement shall be concluded on the day on which the following conditions have been fulfilled: the offer or agreement form has been filled in by the Client and accepted by CSV Networks.
5. Duration and termination
1. Unless stated otherwise in the Agreement, an arrangement shall be entered into for all other Goods and/or Services from CSV Networks for 12 months with the duration also being stated on the invoice. After expiry of a period, this shall be tacitly extended by the same period except in the case of timely cancellation by the Client or CSV Networks as provided for in Article 5(2).
2. Cancellation of an agreement by the Principal shall take place at least two calendar months before the end of the agreed period. CSV Networks shall be entitled to terminate the Agreement at any time, in writing or by e-mail giving two calendar months notice. Cancellation by the Client shall take place in writing by fax or post with the date of the stamp being the date on which notice was given. Cancellations by e-mail cannot be processed.
3. The Client’s moving the domain to another provider shall not constitute cancellation of the Agreement.
4. After receiving the cancellation, CSV Networks shall send a confirmation of cancellation without which the Agreement shall continue. The confirmation shall be sent to the e-mail address of the administrative contact as per our Client administration.
5. CSV Networks shall be entitled to terminate the Agreement with immediate effect if the Principal fails to comply or comply properly or completely with one or more of its obligations towards CSV Networks or acts in conflict with this.
6. CSV Networks shall reserve the right not to maintain domains for longer than one week of a payment deadline being overdue.
7. CSV Networks shall be entitled to terminate the Agreement with immediate effect without issuing a notice of default and without legal intervention if the Principal is declared bankrupt, has applied for or received a suspension of payment or has in any other way lost complete management of its capital. The latter shall in such case have no right to claim compensation.
8. CSV Networks shall be entitled to terminate the Agreement with immediate effect and without legal intervention if:
a) the Principal improperly uses services provided by CSV Networks;
b) pornographic images are being distributed;
c) Dutch law is being violated;
d) International law is being violated.
6. Product downgrade
1. The Principal may convert certain products into other products. If this involves conversion to another cheaper product, this is known as a downgrade. The lower tariff shall then apply for the next invoicing period. A downgrade of an agreement by the Client shall take place at least two calendar months before the end of the agreed period with respect to this Agreement and shall be effected in writing by post or fax. Downgrades by e-mail cannot be processed.
7. Obligations of CSV Networks
1. CSV Networks shall strive, as a good service provider: to provide certain CSV Networks service(s) as stated in the Agreement, set-up and maintain the connections that can be made via the system with the Internet and secure the details stored.
2. CSV Networks cannot however guarantee unhindered access to the system and the Internet or that CSV Networks services will be available at all times.
3. CSV Networks shall refrain from reading personal e-mails and/or files from Clients and shall not make these available to a third party unless CSV Networks is obliged to do so under law or legal ruling or if the Client is acting or suspected of acting in contravention of Article 8, paragraphs 2 and 3 of the General Conditions.
4. CSV Networks shall be somewhat reserved as regards sending e-mails to Clients. CSV Networks shall not authorize third parties to use its mailing list neither shall it send offers to Clients at the request of third parties. Clients will however receive the (free) CSV Networks Newsletter with service announcements and news regarding Goods and Services from CSV Networks. You can send an e-mail to: info@Csv-networks.nl if you no longer wish to receive this newsletter.
8. Obligations of the Client
1. Clients shall act and behave in accordance with what may be expected of responsible and careful Internet users and shall inform CSV Networks as quickly as possible and in writing as to any changes in relevant details. Clients shall be responsible for the most recent Client or contact details being available in the CSV Networks administration.
2. Clients shall refrain from hindering other Clients or Internet users and damaging the system and shall be prohibited from starting processes or programs whether or not via the system of which the Clients know or might reasonably be expected to know will be detrimental to CSV Networks, other Clients or Internet users. This shall expressly include indirect damage through incorrect configuration on the part of the Client, including but not limited to, “open relaying” by an incorrectly configured mail server. Clients may only start up processes or programs if there is a direct link with the system approved by CSV Networks.
3. Clients shall not be permitted to use the system or the writing space for activities and/or conduct in conflict with applicable legal provisions, netiquette, the Agreement or these General Conditions. This shall include but not be limited to the following activities and conduct: spamming: the unsolicited sending of large numbers of e-mails with the same content and/or posting a report on the Internet in large numbers of newsgroups with the same content. This also includes spam sent via any other provider with reference to a website, e-mail address or other service from CSV Networks; violating work protected by copyrights or acting in contravention of third party intellectual property rights in any other way; publicizing or distributing child pornography; sexual intimidation or bothering other persons in any other way; hacking: accessing other computers or computer systems on the Internet without permission.
4. Clients shall not be permitted to transfer theirs accounts, instructions for use or other rights under the Agreement to any third parties or to allow them to use these unless CSV Networks has issued express written permission. Clients shall however be permitted without prejudice to the aforementioned to have a website developed, posted and maintained by a third party. Clients shall however remain responsible for their accounts and passwords.
5. Clients shall arrange the necessary hard- and software, configuration, peripherals and connections with which to enable access the system.
6. Clients shall be bound by the amount of writing space stated in the Agreement and shall be responsible for ensuring that this is not exceeded. CSV Networks shall be entitled to remove information to ensure efficient operation of CSV Networks services if the space is considerably exceeded.
7. Clients shall hereby grant CSV Networks approval to include their personal details in the personal CSV Networks register required for its administration and management tasks. This personal registration includes both account and traffic details and shall only be accessible for CSV Networks and shall not be issued to third parties unless CSV Networks is obliged under law or legal ruling.
9. Delivery and delivery times
1. The hosting account and domain name shall be supplied as soon as possible following the written order and issuing of details and documents and/or promotion material required by CSV Networks or at a later time as agreed.
2. Impending departure from the agreed delivery time shall be notified as soon as possible. In the event of force majeure on the part of CSV Networks, the deadline shall be extended by the duration of the forcemajeure. Excessively exceeding the delivery time may be construed as grounds to dissolve the Agreement.
3. The application and registration of a domain shall take a few weeks.
10. Force majeure
1. Force majeure with respect to the Agreement shall include everything in this regard as defined under law and more specifically, all external causes that could not have been reasonably foreseen and the result of which CSV Networks is not in a position to comply with its obligations towards the client. This shall include but not be limited to malfunctions in the connection with the Internet, telecommunication infrastructure or networks.
2. CSV Networks shall not be obliged to carry out its obligations under the Agreement if this becomes impossible due to force majeure in which case the Agreement shall be dissolved.
11. Data/e-mail traffic
1.We shall record data/e-mail traffic in the method used for the software packages operated by CSV Networks as described on our website.
2. Data/e-mail is limited by our “fair use policy” on the understanding that this should be acceptable in relation to average use by the average consumer and if a website shows excessive use, it shall either be removed or subject to an excessive use supplement. More than 2 GB of data per month will in any case be construed as extreme use for our web hosting packages. We shall bring this extreme use to the Clients’ attention and give them the opportunity of paying a supplement with respect to this extreme level of data/e-mail traffic in consultation with CSV Networks. If the owner of the website does not agree to this, it shall be given up to 12.00 following the written notification to post this website elsewhere and to remove this from the CSV Networks servers. If no response is forthcoming, the full standard rates for data traffic shall be applied. CSV Networks shall also reserve the right to remove the website from its servers without further notification. Clients shall not be entitled to claim compensation of any description.
12. Use of disks
1. We shall record the use of disks in the method used for the software packages operated by CSV Networks as described on our website (e.g. software from SWsoft, Plesk or Ensim).
2. Our hosting products are subject to clearly defined limits with regard to the amount of disk space available to Clients. Clients are automatically notified via e-mail when allocated disk space is exceeded. This mail is sent daily as long as this excessive use continues. If we believe this excess is continuing for too long, we shall notify the Client in writing giving the latter the choice of purchasing more disk space or reducing the amount of disk space used. If we receive no reply from the Client after seven days of our letter, we shall reserve the right of upgrading the package to the required volume so the limit on disk use is no longer exceeded. We shall also reserve the right of upgrading the package again if disk use increases once more at any point after our letter. CSV Networks shall also reserve the right to remove the website from its servers without further notification. Clients shall not be entitled to claim compensation of any description.
13. Prices
1. All prices stated on the Site and all other agreed prices shall exclude VAT unless stated otherwise.
2. CSV Networks shall be entitled to change the prices. Changes shall also apply with respect to agreements already concluded and shall take effect two weeks after their announcement or other specified date by way of written notification or notice on the website or CSV Networks newsletter. If Clients do not wish to accept changes to the General Conditions, they shall be entitled to dissolve the Agreement giving notice in writing with effect the date on which the amended conditions come into effect. Clients shall be deemed to have tacitly accepted the changes after the date on which these came into effect.
3. Indexing: CSV Networks shall be entitled to increase all prices by an annual percentage without prior announcement. This percentage shall be a maximum of five per cent above the consumer price index as set by the CBS [Central Statistics Office] for the year preceding the increase. It is expressly understood that price increases following our indexation rules shall not constitute grounds for intermediate dissolution of the Agreement. This indexation shall be an integral element of the agreed price.
14. Conditions of Payment
1. The Principal’s obligation to payment shall commence on the day the Agreement is concluded. Payment shall refer to the period commencing the day on which the CSV Networks Goods and Services were actually made available.
2. Remuneration under this Agreement shall exclude VAT and any other levies payable under law. The Principal shall also be liable to payment of fees under these conditions or rules.
3. The fees due shall be invoiced in advance depending on the period for which the Agreement was concluded and shall generally be paid annually, in advance, by direct debit or invoice failing which CSV Networks shall be entitled to (temporarily) suspend services to its Client.
4. CSV Networks shall send the Principal an invoice per payment period for expenses incurred under the Agreement.
5. If the Principal has failed to make a payment on time, the Principal shall be notified and a further payment date stipulated. The Principal shall be automatically in default if payment is also not made within this deadline.
6. If the Principal believes the invoice is incorrect, the Principal may bring this to the attention of CSV Networks within two weeks of the date on the invoice. CSV Networks shall inquire into the invoice amount on receipt of the objection.
7. The Principal shall be in default from the point when fees due cannot be received due to reasons attributed to the Principal; this shall apply in the case of direct debit.
8. If fees due cannot be received or are not received due to reasons attributed to the Principal, CSV Networks shall charge late payment interest equal to the level of statutory interest payable from the point when the Principal enters into default up to the point when payment is made. The Client shall also bear all reasonable in- and out of court expenses and risks associated with securing payment.
9. CSV Networks shall repay to the Principal upon first demand and without delay any higher amount mistakenly charged plus legal interest from the day of receipt up to the date on which the sum in question has been repaid.
15. Liability
1. In its activities, CSV Networks shall be dependent on assistance, service and deliveries from third parties on which CSV Networks has little or no influence. CSV Networks can therefore in no way be held liable for any damage flowing from the relationship with CSV Networks or termination thereof irrespective of whether the damage occurs or appears during this Agreement with CSV Networks.
2. CSV Networks shall only be liable for replacement compensation in the event of imputable shortcoming in carrying out this Agreement, i.e., reimbursement of the value of the outstanding service. Any other liability of CSV Networks for example, due to any other form of damage including additional compensation of any description, compensation for indirect damage or consequential loss or damage due to loss of turnover or profit shall be excluded.
3. The Principal shall release CSV Networks from all claims to compensation that may be made by third parties regarding damage occurring in any way following improper or careless use of the of Goods and Services supplied to the Principal by CSV Networks.
4. Given the large number of interchanges with human intervention on the Internet, the use of local networks and wireless communication, one must bear in mind that information received or transmitted via the Internet is freely accessible. CSV Networks cannot be held responsible for damage of any description caused by the transmission of confidential or secret information. CSV Networks shall not be responsible for security or misuse by third parties of data stored.
5. CSV Networks shall not be responsible or liable for the content of promotion material supplied by the Principal.
6. The Principal shall be responsible for all damage CSV Networks may suffer as a result of a shortcoming attributable to the Principal in complying with obligations under this Agreement and these conditions.
7. The Principal shall inform CSV Networks directly and in writing of any changes in the Principal’s details failing which, the Principal shall become liable for any damage CSV Networks may suffer as a result.
16. Transfer of rights and obligations
1. The parties shall not be entitled to transfer their rights or obligations under an agreement to third parties without prior written permission from the other party.
2. When CSV Networks registers domain names for the Principal in the name of CSV Networks, assistance is given with regard to orders from the client concerning housing, transfer or cancellation of these domain names. In all disputes legal or otherwise, the Principal who uses such a domain name will be given the opportunity of transferring the domain name into his own name. We shall cancel the registration of the domain name if the Principal does not respond to this within 24 hours. Clients shall not be entitled to claim compensation of any description.
17. Taking out of service
1. CSV Networks shall have the right to (temporarily) suspend the delivery of Goods and Services and/or limit their use if the Principal fails to comply with an obligation under this or any other agreements with CSV Networks or acts in conflict with these conditions. CSV Networks shall inform the Principal of this in advance unless this cannot realistically be expected of CSV Networks. The obligation to pay outstanding invoices shall also exist during the period of default.
2. The service shall be reinstated if the Principal carries out his obligations within a deadline set by CSV Networks and pays the fee due for reinstating the service, i.e. €150.00 excl. VAT.
18. Amendment to the conditions
1. CSV Networks shall reserve the right to amend or add to these conditions.
2. CSV Networks shall be entitled to unilaterally amend these General Conditions. Amendments shall also apply to agreements already concluded. Changes shall take effect two weeks after their announcement or on a later date by way of written announcement or statement on the Internet or in a newsletter from CSV Networks. If the Principal does not wish to accept changes to the General Conditions, the Principal shall be entitled, up to the date on which the changes are to come into effect to dissolve the Agreement in writing with effect the date on which the changes are to take effect. After the date on which the changes are to take effect, the Principal shall be deemed to have tacitly accepted the changes.
3. Changes shall be published on the Site, via e-mail or in our electronic newsletter.
19. Disputes and applicable law
1. if one or more of these Articles are legally declared void, the remaining provisions of these General Conditions shall remain in effect and CSV Networks and the Principal shall enter into consultation to replace the void or annulled conditions with new conditions corresponding as far as possible with the objective and purpose of the void or annulled conditions.
2. The Agreement shall be exclusively subject to Dutch law.