Section 1 Definitions
1.1 Terms and Conditions: These Terms and Conditions of Snel.com B.V.
1.2 Order form(s): The order form(s) on the Snel.com B.V. Websites.
1.3 The Customer(s): Any (legal) person(s) that has an agreement with and / or purchased services from Snel.com B.V.
1.4 Customer Equipment: Equipment that is owned by the customer such as Racks, Servers, Switches, External Drives, cables and other equipment of the Customer.
1.5 Bandwidth: The traffic generated by the client based on the 95-percentile method.
1.6 Traffic: All incoming and outgoing traffic generated by the Customer's website, e-mail, Virtual Private Server and / or equipment.
1.7 Denial of Service (DoS) attack: Overloading and / or limiting of the connection of one or more networks, systems, or applications thereon, by using a computer to access a network, system or application excessively.
1.8 Service(s): Services as further detailed on the Snel.com B.V. websites and / or in a Concluded Agreement between Snel.com B.V. and the Customer such as for Domain Hosting, Virtual Private Servers, Dedicated Servers and Collocation.
1.9 Distributed Denial of Service (DDoS) attack: Overloading and / or limiting the connection of one or more networks, systems, or applications thereon, by using multiple computers to access the network, system or application excessively.
1.10 Domain name: A unique name for a website address.
1.11 Domain Registration: The registration of a domain name followed by an extension at the register kept for that purpose.
1.12 Downtime: An interruption or suspension of the Service with a negative effect on the use of the Service by the Customer;
1.13 Quotation(s): All quotations send by e-mail, fax, in writing, and/or oral proposals, and/or offers to the Customer by Snel.com B.V.
1.14 Storage: The disk space made available by Snel.com B.V. on one or more Snel.com B.V. servers.
1.15 Agreement: The agreements, recorded in a written record, by email, fax, through the order forms on the websites of Snel.com B.V. and/or oral agreements enabling Snel.com B.V. Service to the customer and for which the present Terms and Conditions apply.
1.16 Snel.com B.V.: Snel.com B.V. Internet Services BV, located in Schiedam, registered under file number 24352386 at the Chamber of Commerce in Rotterdam with VAT number NL8124.80.909.B01.
1.17 Snel.com B.V. Equipment: Equipment owned by Snel.com B.V. such as Racks, Servers, Switches, Cables and all other Snel.com B.V. equipment.
1.18 Snel.com B.V. Server spaces: One of the spaces where Snel.com B.V. will provide its services to the Customer(s).
1.19 SnelServer: SnelServer is a trademark of Snel.com B.V.
1.20 Spam: Sending unsolicited email messages.
1.21 Power: The power that is consumed by the Customer Equipment. Measured in amperes or kW/h.
1.22 Hosting: Providing storage space on Snel.com B.V. servers and making websites accessible on the Internet.
1.23 Workday (s): From Monday to Friday. Office hours are from 9.00 to 17.00. Public holidays not included.
1.24 95 Percentile method: 95 percentile is the average value of the traffic measured over the month. With 5% of the highest peaks that cannot be calculated into the total average.
Section 2 Applicability of the Terms and Conditions
2.1 These Terms and Conditions apply to all offers, quotations and proposals made by Snel.com B.V. and the Agreement and all other agreements with Snel.com B.V. as a party, insofar these Terms and Conditions weren't modified in writing by Snel.com B.V. and the Customer.
2.2 If the conditions of these Terms and Conditions are conflict with or deviate from one or more conditions of the Agreement, the conditions of the Agreement apply.
2.3 Terms and Conditions of the Customer or third parties are not binding for Snel.com B.V. and do not apply.
2.4 In the event that both the Terms and Conditions and the Terms and Conditions of the Customer apply, the Terms and Conditions of Snel.com B.V. prevail.
Section 3 Establishment of the Agreement
3.1 All Quotations made by Snel.com B.V. are free of obligations, unless stated otherwise.
3.2 All Quotations made by Snel.com B.V. have a period of seven (7) days from the date specified in the Quotations, unless stated otherwise.
3.3 Any stipulations deviating from the provisions in the General Conditions apply only if they have been established in consultation with Snel.com B.V. in writing and / or via e-mail and have been accepted by Snel.com B.V. as such.
3.4 An Agreement is concluded at the time that one of the following conditions are met;
i) a completely truthfully completed order form on one of the Snel.com B.V. websites with a digital acceptance of the Terms and Conditions.
ii) an order made by e-mail, fax, or in writing containing the acceptance of the Terms and Conditions and expenses mentioned.
iii) a completely truthfully completed and signed Agreement containing the Quotation or acceptance of the Terms and Conditions sent to Snel.com B.V. by e-mail, fax or in writing.
3.5 Snel.com B.V. reserves the right, for whatever reason, to refuse the requests for the provision of Services.
3.6 The Customer accepts and agrees with Snel.com B.V. that Snel.com B.V. immediately after the conclusion of the Agreement will begin the fulfillment thereof. The in Article 7:46d, paragraph 1 of the Civil Code ("CC") indicated period for canceling a distance agreement shall therefore (as defined in Article 7:46i paragraph 5 under a CC) not apply. If Snel.com B.V. unfortunately does not immediately begin with the implementation after the conclusion of the Agreement, the Customer, provided that he is the consumer, is given five (5) working days from the time the Agreement is concluded to dissolve the Agreement free of charge, unless Snel.com B.V. began with the execution within the five (5) workdays mentioned above.
3.7 Snel.com B.V. and the Customer are free to prove the establishment of the Agreement by other means.
3.8 Additions and modifications to the Agreement can exclusively be made by e-mail or in writing by mail.
Section 4 Duration and Termination
4.1 The Agreement is concluded for an indefinite period with a minimum term of one (1) month, unless agreed otherwise.
4.2 The agreement can only be terminated by registered letter, fax or e-mail (from an email address which is known to us) in accordance with a notice period of one (1) Month. Your cancellation is final only after Snel.com B.V. sent a confirmation of receipt.
4.3 In case of cancellation, termination or dissolution for any reason, Snel.com B.V. is entitled to immediately delete all stored data or make it inaccessible, and to remove all accounts of the Customer. In that case Snel.com B.V. is not required to provide the customer with a copy of this data.
4.4 Snel.com B.V. has the right to terminate the Agreement without proof of default or judicial intervention if the Customer is declared bankrupt, suspension of payments has been requested or obtained, has become involved in a statutory debt on his debts or otherwise lost the free management over his capital. In this case the latter party has no right to any compensation.
4.5 Notwithstanding the provisions of Section 19 Snel.com B.V. has the right to terminate the Agreement with immediate effect and without judicial intervention if:
i) the Customer makes improper use of the Internet;
ii) the Customer spreads information that violates international laws and regulations;
iii) the Customer disseminates information that is contrary to the accepted norms and values;
iv) the Customer spreads information that discriminates regarding appearance, race, religion, sex, culture, heritage or that can otherwise be called offensive. It is also not allowed to place so-called mp3 pages or pages related to this on Snel.com B.V. servers; and
v) the Customer sends spam.
4.6 If in the reasonable opinion of Snel.com B.V. a hazard to the operation of the Snel.com B.V. network and/or services to the Snel.com B.V. Customer(s) originates, including, but not exclusively, by sending spam, open relay, open resolver, port scan, or hacking by the Customer (s) and/or on account of the Customer(s) or otherwise, Snel.com B.V. may provide directions to the Customer(s), that must be completed within the prescribed period.
4.7 If a server and/or website of the Customer is subject to a so-called DoS or DDoS attack, Snel.com B.V. can provide instructions to the Customer, that must be completed within the prescribed period.
4.8 If the instructions as stated in Paragraphs 4.6 and 4.7 are not followed within the prescribed timeframe, Snel.com B.V. has the right to temporarily halt the server and/or website of the Customer.
4.9 If the Customer is a natural person not acting in the exercise of profession or business, the Customer has the right, without giving reasons, to terminate the Agreement within seven working days after the establishment, unless Snel.com B.V. already in agreement with the Customer within this period has already begun to implement the agreement. Domain names are excluded from this cooling-off period, because a domain name based on the specifications of the Customer is fixed or personal in nature (see Article 7:46d CC).
4.10 If the Customer fails to comply with any of his obligations under the Agreement Snel.com B.V. has the right to terminate all Agreements established with the Customer without the requirement of a proof of default or judicial intervention and without prejudice to the right of Snel.com B.V. to compensation for damages, lost profits and interest.
Section 5 Delivery
5.1 The agreed delivery dates do not have the purport that Snel.com B.V. after its expiration is legally in default, for this still a further written notice of default is required, for which Snel.com B.V. will be awarded a period of at least fourteen (14) days to fulfill its obligations.
5.2 With the failure to meet a delivery, the Customer shall never be entitled to any compensation, to dissolve the agreement or to undertake any other action against Snel.com B.V. This is different only in cases of intent or gross negligence on behalf of Snel.com B.V. or its managerial staff or if the delivery is exceeded by more than one month. In this case the Customer has the right to cancel the agreement, but without entitlement to any compensation.
5.3 The periods stated by Snel.com B.V. are not to be considered as deadlines. Snel.com B.V. is not liable in the case of the adverse consequences for exceeding customer delivery dates, unless there is intent or gross negligence on behalf of Snel.com B.V.
Section 6 Interference and Force Majeure
6.1 Snel.com B.V. is entitled to temporarily put its systems out of use for maintenance, including the Websites, or parts thereof, for the purpose of adjustment or improvement. Snel.com B.V. will attempt to let such a possible decommissioning take place outside office hours and will endeavor to provide the Customer timely notice of the planned decommissioning. Snel.com B.V. is not liable for compensation for damages in respect of such decommissioning.
6.2 Snel.com B.V. is entitled to modify its systems from time to time, including the Websites, or parts thereof, to improve functionality and correct errors. If an adjustment results in a significant change in functionality, Snel.com B.V. will endeavor to notify Customer thereof. In the case of modifications that are relevant to multiple customers, it is not possible to abandon a particular change just for the Customer. Snel.com B.V. is not liable for any damages caused by such a modification.
6.3 In case of unavailability of the Service, by failures, maintenance or other causes, Snel.com B.V. will make an effort to inform the Customer about the nature and expected duration of the interruption.
6.4 In case of force majeure, which in any case include illness of employees and/or absence of key personnel, malfunctions or failure of the Internet and/or failure of the telecommunications infrastructure, synflood, network attacks, DoS or DdoS attacks, power failures, civil disturbance, mobilization, war, the blocking of transport, strikes, lockouts, business interruptions, interruption in supply, natural disasters, fire, flood, import and export hindrances and in the event that Snel.com B.V. by its own suppliers, regardless of the reason, is not enabled to deliver and whereby the fulfillment of the Agreement by Snel.com B.V. cannot reasonably be required, the implementation of the Agreement will be suspended, or the Agreement will be terminated if the force majeure persists for more than sixty (60) days, without any obligation for compensation of damages.
Section 7 Interruptions
7.1 1 Immediately after the discovery of a Downtime, Snel.com B.V. shall inform the Customer by e-mail and telephone about the Downtime and provide information on:
i) the nature of the Downtime;
ii) the Service(s) affected by the Downtime;
iii) the name of the Customer´s company;
iv) the name, phone number and email address of the contact of the Customer, and
v) any possible instructions for Snel.com B.V. employees.
7.2 Upon notification of the Customer in accordance with Paragraph 7.1, Snel.com B.V. will give an estimate for restoration of the Downtime and will endeavor to end the Downtime as soon as possible.
7.3 The Customer may only appeal to response and recovery times based on the standard SLA, unless agreed otherwise in the agreement. If an interruption is outside of the SLA, the customer is not entitled to a discount.
7.4 Instead of restoring the Service, Snel.com B.V. is entitled to substitute the Service by another reasonably comparable service.
7.5 The Customer is solely granted the rights under this section in case of Downtime. Any other rights, including but not limited to the right to compensation, are explicitly excluded.
Section 8 Liability
8.1 The liability of Snel.com B.V. for direct loss suffered by the Customer as a result of a fault in the compliance by Snel.com B.V. of the obligations under this Agreement, explicitly also including any failure to comply with a warranty agreed with the Customer, or by an unlawful act of Snel.com B.V., its employees or third parties engaged, per event or a series of related events, is limited to an amount equal to the amount annually paid by the Customer under this Agreement. However, in no event will the total compensation for direct damages exceed one thousand (1,000) Euros.
8.2 Snel.com B.V. has no liability for indirect damages, including consequential damages, lost profits, lost savings, loss of (business)data due to business interruption.
8.3 Besides the cases referred to in Paragraph 8.1 Snel.com B.V. has no liability for damages, regardless of the reason the action for damages would be based on. The maximum amount specified in Paragraph 8.1 will be removed if and insofar as the damage caused by intent or gross negligence on behalf of the executive managers of Snel.com B.V.
8.4 The liability of Snel.com B.V. for a breach of compliance with the Agreement arises only if the Customer immediately and properly communicates a written notice of default to Snel.com B.V., stating a reasonable period for remedying the deficiency, and Snel.com B.V. after that period attributably continues to fail to fulfill its obligations. The notice must contain a detailed description of the shortcoming, so Snel.com B.V. will be able to respond adequately.
8.5 Snel.com B.V. is not liable for any damages deriving from installing and/or use of software developed by Snel.com B.V. or third party software provided or recommended by Snel.com B.V.
8.6 Snel.com B.V. is never liable for damage caused by force majeure as described in section 6.
8.7 Condition for the existence of any right to claim of compensation is that the Customer reports the claim to Snel.com B.V. in writing and by registered post within five (5) business days after the occurrence.
8.8 The Customer indemnifies Snel.com B.V. for all claims for liability arising from a defect in the Service by the Customer to a third party and which partly consisted of Snel.com B.V. delivered goods, materials or results.
8.9 Changes in the data of the Customer, immediately need to be communicated to Snel.com B.V. by the Customer in writing or by e-mail. If the Customer does not do so, the Customer is liable for any damages Snel.com B.V. may suffer as a consequence.
8.10 Snel.com B.V. is responsible for backing up e-mail, websites and databases unless otherwise expressly stated on the websites of Snel.com B.V. and/or if agreed otherwise, but assumes no responsibility for any loss of data and the resulting damage thereof. The backups are for their own preservation. The Customer is expected to also safeguard important information on his own account.
8.11 Snel.com B.V. can only be held liable for the maximum insured amount in the Liability Insurance.
Section 9 Insurance
9.1 Snel.com B.V. has adequate insurance and will be adequately insured for liability and professional liability during the term of the Agreement.
9.2 Any damage to the Customer Equipment is always the risk of the Customer, unless Snel.com B.V. is liable for the damage under Section 8. During the Agreement it is the responsibility of the Customer that he has maintains adequately insured during the Agreement for any loss, theft, damage and/or damage to data and/or Customer Equipment.
9.3 The Customer shall grant access Snel.com B.V. on first request to inspect the insurance policies.
Section 10 Awards
10.1 All prices in these Terms and Conditions and on the websites of Snel.com B.V. exclude sales tax (VAT), unless stated otherwise.
10.2 All prices are in Euros, unless stated otherwise.
10.3 All prices on Snel.com B.V. websites, quotations, brochures and other Snel.com B.V. documentation are subject to programming and typing errors. For the consequences of such errors no liability will be assumed.
10.4 Snel.com B.V. these is entitled to change current rates at any time. Snel.com B.V. will notify the Customer of rate changes at least one (1) month in advance, via the Snel.com B.V. Websites, in writing or by e-mail. The Customer has the right to terminate the Agreement due to price increase, subject to a notice period of one (1) Month.
10.5 All costs for Snel.com B.V. arising from this Agreement shall be borne by the Customer, provided that they can be attributed to the Customer.
Section 11 Terms of Payment
11.1 The total price, depending on the term established in the Agreement, will be charged in advance. The fees are will be billed standard for a period of a quarter unless otherwise agreed in the Agreement.
11.2 Snel.com B.V. will send an invoice to the Customer for the amounts due. The payment of this bill is twenty-one (21) days after the date of invoice, unless otherwise indicated on the invoice or otherwise agreed in the Agreement.
11.3 If the Customer has not paid invoices on time, defined as: within the due date specified on the invoice, this is communicated to the Customer and a term of payment of five (5) workdays is added. If the invoice is not paid within that period, the Customer will be in default without further notice.
11.4 If the Customer considers that the price on the invoice is incorrect, the Customer may give notification within five (5) business days after the date on the invoice to notify Snel.com B.V., in writing or by e-mail. After receiving the complaint, Snel.com B.V. will investigate the accuracy of the invoiced amount and will give an answer within five (5) workdays.
11.5 Payment of charges can occur through bank-transfer, PayPal, IDEAL, Credit and debit card, which the Customer authorized at the start of the Agreement or subsequently.
11.6 In case of direct debit, the Customer must ensure there is sufficient balance in his account.
11.7 The Customer is in default from the time the fee at the hands of the customer cannot be collected by or is not paid to Snel.com B.V.
11.8 If payments are not timely paid, or if debited amounts have to be made again, an amount of fifteen (15) Euro will be charged for administrative work.
11.9 If a higher amount is received by mistake, then Snel.com B.V. shall return the overcharged amount immediately to the Customer at the first request of the Customer.
11.10 When a payment is overdue, the Customer, in addition to the amount owed and the interest due thereon, is required to complete compensation of both judicial and extrajudicial collection costs, including costs for lawyers, bailiffs and collection agencies.
11.11 The claim for payment is due immediately if the Customer is in a state of bankruptcy, suspension of payment or complete seizure of assets of the client is placed, if the customer dies and furthermore, if he goes into liquidation or is dissolved.
11.12 In the above cases Snel.com B.V. asserts the right to implementation of the Agreement or to terminate or suspend any not performed part thereof without notice of default or judicial intervention, without entitlement to compensation for damage to the Customer that might occur.
Section 12 Hosting and related services
If the Service is (also) aimed at services for storage or transmission of material supplied by the Customer to third parties, such as for web hosting or e-mail services, the following in this Section applies. 12.2
The Customer shall not publish or provide information through the servers of Snel.com B.V. in conflict with Dutch law. This includes in particular but not exclusively offered information without permission from the copyright owner(s), information that is defamatory, threatening, abusive, racist, hateful or discriminatory, information that contains child pornography and information that affect the privacy of third parties or poses a form of stalking, as well as links, torrents or other references to such information on third party sites anywhere in the world (even if this information would be legal in the jurisdiction in question). 12.3
Snel.com B.V. operates a complaints procedure by which third parties ("complainants") may file a complaint that they believe there is a dispute. When a complaint is warranted in the opinion of Snel.com B.V., Snel.com B.V. is entitled to remove or disable access to the material. In that case Snel.com B.V. is also entitled to provide personal information of the Customer to an informer or to the competent authorities. Snel.com B.V. will inform the Customer about the course of those proceedings. 12.4
4 In the case there is possible criminal information, Snel.com B.V. is entitled to report this. Snel.com B.V. may include all relevant information about the Customer and hand over the information to the competent authorities and perform all other acts which that authority requests of Snel.com B.V. within the framework of the investigation. 12.5
If repeated complaints about the information provided by the Customer, Snel.com B.V. is entitled to annul the Agreement and/or terminate it. 12.6
The Customer indemnifies Snel.com B.V. for any damages resulting from the above. Snel.com B.V. is not liable for any damages whatsoever suffered by the Customer by an intervention Snel.com B.V. within the scope of the complaints procedure. 12.7
The Customer will refrain from interfering with other customers or Internet users or to harming the servers. The Customer is not allowed to initiate any processes or programs, whether or not through the server, where the client knows or reasonably suspects that this interferes with or can cause damage to Snel.com B.V., customers or other Internet users. Snel.com B.V. will inform the Customer(s) of any possible measures. 12.8
The Customer will comply with the generally accepted rules of conduct on the Internet as defined in RFC1855 ftp://ftp.ripe.net/rfc/rfc1855.txt
and future adaptations hereof. 12.9
Without permission by Snel.com B.V. the Customer is prohibited to provide the Snel.com B.V. username or password or user names and passwords to any third party. 12.10
The Customer may not resell and/or re-lease the Service, unless otherwise agreed in the agreement . 12.11
Snel.com B.V. can place a maximum to the amount of storage that the customer may use in connection with the Service. On exceeding this limit Snel.com B.V. is authorized to charge an additional amount, according to the amount of additional storage listed on the Snel.com B.V. websites. No liability exists for the consequences of inability to send, receive, store or modify data if an agreed limit for storage is reached. 12.12
The Customer hereby provides Snel.com B.V. an unlimited license to all Customer materials distributed, stored, transmitted or copied on Snel.com B.V. systems, in any manner deemed appropriate by Snel.com B.V., but only to the extent reasonably necessary for the compliance of the Agreement by Snel.com B.V. 12.13
In addition to the requirements of the law, damage arising from incompetence or failure to act in accordance with the above points, is on behalf of the Customer.
Section 13 Domain names and IP addresses
13.1 If the Service (also) extends to Snel.com B.V. mediating for the Customer in obtaining a domain name and IP address, the following in this section applies.
13.2 Application, allocation and possible use of a domain name and IP address are dependent on and subject to the rules and procedures of the relevant registration authorities, including the Dutch Foundation for Internet Domain Registration (SIDN), ICANN, DNS.be, EURid and RIPE. De desbetreffende instantie beslist over de toekenning van een domeinnaam en/of IP-adres. The relevant body decides on the granting of a domain name and IP address. Snel.com B.V. only plays a mediating role in the application and does not guarantee that a request will be honored.
13.3 The Customer may only be informed about the fact of registration through the Snel.com B.V. confirmation letter and/or e-mail stating that the requested domain name is registered, unless stated otherwise. An invoice for registration does not confirm the registration.
13.4 The Customer indemnifies and compensates Snel.com B.V. for all damages related to (the use of) a domain name or on behalf of the Customer.
13.5 Snel.com B.V. is not liable for the losses by the Customer of the right(s) to a domain name or the fact that the domain name is prematurely applied and/or obtained by a third party, except in cases of willful misconduct or gross negligence of Snel.com B.V.
13.6 If Snel.com B.V. registers a domain name in its name for the Customer, Snel.com B.V. will cooperate with requests from the client to move, transfer or cancel this domain name.
13.7 The Customer shall conform to the rules of the registration authorities for application, allocation or use of a domain name.
13.8 Snel.com B.V. has the right to make the domain inaccessible or unusable, place it or have it placed on its own name whenever the client demonstrably fails to comply with the Agreement, but only for so long as the customer is in default and only after a reasonable period for compliance stated in writing or sent by e-mail notice.
13.9 In the event of termination of the Agreement for default of the Customer Snel.com B.V. is entitled to cancel the Domain name, observing a notice period of one month.
Section 14 Storage, Power usage, Bandwidth and Traffic
14.1 Storage, Power, Bandwidth and / or Data transfer that is not consumed is not transferable to another month and/or equipment, unless agreed otherwise.
14.2 Snel.com B.V. sets a limit to the amount of Storage, Power, Bandwidth and/or data transfer per month that the Customer may use in connection with the Service. On exceeding this limit is Snel.com B.V. authorized to charge an additional amount, according to the amounts for extra Storage, Power, Bandwidth and/or Data traffic listed on the Snel.com B.V. websites. No liability exists for the consequences of inability to send, receive, store or modify data if an agreed limit is reached.
14.3 Snel.com B.V. Each quarter Snel.com B.V. will control actually consumed Storage, Power, Bandwidth and Traffic. When exceeding the maximum Storage, Power, Bandwidth and/or Traffic, Snel.com B.V. will charge this to the Customer. In addition if the log files and records of Snel.com B.V. show compelling evidence of the excess of the amount of Storage, Power, Bandwidth and/or data traffic, they are therefore definite, subject to proof by the Customer.
14.4 Bandwidth Fair Use Policy: Snel.com allows its customers to use 20 TB bandwidth free of charge. However, the customer has to use its bandwidth proportional over a month which means that using the bandwidth at high rates for hours (above 100 Mbit) at a time is not allowed. When this occurs too often Snel.com is allowed to do a bandwidth cap. This means that the speed of data transfer will be limited to 100 Mbit.
Section 15 Availability of Services
15.1 Snel.com B.V. will strive to ensure and achieve uninterrupted availability of its systems and networks, and access to data stored by Snel.com B.V. and this guarantee has been defined in the standard SLA.
15.2 Snel.com B.V. will endeavor to maintain its software up to date. Nevertheless, Snel.com B.V. depends on its suppliers, and Snel.com B.V. is entitled not to install certain updates or patches if it deems that it does not benefit the proper delivery of the Service.
15.3 Snel.com B.V. will endeavor to ensure that the customer can use the networks that are directly or indirectly connected to the Snel.com B.V. network. Snel.com B.V. cannot at any time guarantee that these networks (of third parties) are available.
15.4 If in the opinion of Snel.com B.V. a hazard arises to the functioning of the computer systems or Snel.com B.V. network or third parties and/or services via a network, in particular by excessive e-mail sending or the sending of other data, poorly protected systems or activities of viruses, trojans and similar software, Snel.com B.V. is entitled to take any measures which it reasonably considers necessary to avert or to prevent this danger.
Section 16 Personal Data and Confidentiality
16.1 Snel.com B.V. stores personal data for the following purposes:
i) billing of services;
ii) to analyze and identify the use of the scope of supply and the Snel.com B.V. network, and
iii) to identify, detect and prevent abuse of the Services.
16.2 Except to the extent reasonably necessary for the purposes set out in the preceding paragraph, will Snel.com B.V. give the personal information to third parties except to the extent that Snel.com B.V. is legally required to do so.
16.3 Snel.com B.V. and the Customer will treat the information they exchange before, during or after the execution of the Agreement as confidential information when it is marked as confidential or if the receiving party knows or should reasonably suspect that the information provided was confidential. Snel.com B.V. and the Customer impose this requirement on their employees and third parties hired by them to implement the Agreement.
16.4 Snel.com B.V. will not take cognizance of the store data and/or distributed by the Customer on systems of Snel.com B.V., unless necessary for a proper execution of this Agreement or if Snel.com B.V. is obliged to do so under a statutory provision or court order. In that case, Snel.com B.V. will endeavor to limit the examination of the data as much as possible, to the extent within its power.
16.5 If Snel.com B.V. suspects that the personal information of the customer is incorrect, the customer is obliged to send a copy of its passport or identification card. This should contain a copy of the front and back side of the passport or identification card. In addition to this, the customer has to send a most recent utility bill, water bill or home phone bill with matching personal information.
Section 17 Intellectual property rights
17.1 All intellectual property rights of any part of the developed or provided Service materials, software, analysis, designs, documentation, opinions, reports, quotations, and preparatory materials, rest solely with Snel.com B.V. or its licensors.
17.2 The Customer shall only acquire the user rights and responsibilities arising from the scope of the Agreement or that are granted in writing and otherwise, the Customer cannot reproduce or publish software or other material.
17.3 The Customer is not allowed to remove or alter any indication regarding copyrights, trademarks, trade names or other intellectual property rights in the materials, including notices regarding the confidentiality and secrecy of the materials.
17.4 Snel.com B.V. is permitted to take technical measures to protect the materials. If Snel.com B.V. has secured the materials through technical protection, the Customer is not permitted to remove or avoid this protection.
17.5 Any use, reproduction or publication of materials outside the scope of the Agreement or use issued, shall be regarded as a violation of copyright. The Customer will immediately be charged a fine that is not subject to judicial mitigation, of one thousand (1,000) Euros per infringing act, to be paid to Snel.com B.V., notwithstanding the right of Snel.com B.V. to get its damage through the breach reimbursed or to undertake other legal action that may be taken in order to put the breach to an end.
Section 18 Modifications in Terms and Condition
18.1 Snel.com B.V. reserves the right to modify or supplement these terms and conditions.
18.2 Modifications also apply to existing agreements subject to a period of thirty (30) days after publication of the modification on the Website or by electronic notification of Snel.com B.V. Minor modifications may be made at any time.
18.3 If the Customer does not wish to accept a change in these conditions, he can terminate the agreement until the date when the new conditions apply, against this date.
Section 19 Decommissioning
19.1 Snel.com B.V. is entitled to decommission provided Services (temporarily) and/or limit their use if the Customer does not fulfill his obligations to Snel.com B.V. deriving from the Agreement or acts in violation of these Terms and Conditions. Snel.com B.V. will give prior notice to the Customer, unless this cannot reasonably be expected of Snel.com B.V. The obligation to pay the amounts due remains during decommissioning operations.
19.2 The service will be reactivated if the Customer meets his obligations on the subject within a period prescribed by Snel.com B.V. and has paid the amount of twenty five (25) Euros for reactivating services.
19.3 Snel.com B.V. has the right to temporarily disable the provided Services for maintenance.
Section 20 Complaints
20.1 Objections in general and complaints about invoices should be made known to Snel.com B.V. in writing, within eight (8) days after receipt of the products or invoices, or within eight days after any defect in the product is discovered or detected, with a proper description the complaint. After the expiry of this period, Snel.com B.V. is deemed to have fulfilled its obligations properly, and it is assumed that the Customer acknowledges the products or invoices as correct.
20.2 Complaints never give the Customer the right to suspend payments.
20.3 If a complaint is justified by Snel.com B.V., Snel.com B.V. has the right at its option;
i) to revise the invoice and to adjust the invoice amount accordingly;
ii) to replace the delivery by one thing with the same specifications or to repair it, involving the handing over of the replacement products or parts to Snel.com B.V.;
iii) to take back the delivery and dissolve the agreement, including a refund of the paid invoice to the Customer without any obligation to pay damages;
iv) Customer shall provide Snel.com B.V. an appropriate opportunity to immediately repair any deficiencies;
v) any return of products to or from the Customer are at the expense and risk of the Customer. Snel.com B.V. only accepts product returns if and insofar as the return notice in writing or by e-mail has Snel.com B.V.'s consent and only where these products are delivered to the address indicated by Snel.com B.V. in the original packaging and in the condition Snel.com B.V. delivered these products to the Customer;
vi) software whose seal is broken, can never be returned.
Section 21 Warranty
21.1 Snel.com B.V. guarantees the quality of its services provided to its best knowledge and ability and the relevance and quality of the products it sells, except that the guarantee does not exceed the following provisions mentioned.
21.2 On a performed repair a two (2) month warranty applies. On products supplied a two (2) year warranty applies, unless agreed otherwise in the agreement.
21.3 If the Customer has contracted Snel.com B.V. for a repair and has not collected the issued case within three months after the issue date, or the due examination or repair amount has not been collected, the Customer shall be deemed to have waived the issued repair in favor of Snel.com B.V. The Customer will then indemnify Snel.com B.V. against any claims by third parties relating to this matter.
21.4 The culpable errors, defects or faults on behalf of Snel.com B.V. proven by the Customer that are covered by the warranty, where covered by the warranty described in this Section, shall be borne by Snel.com B.V. and repaired, replaced or as soon as possible, or returned for a credit.
21.5 The Customer must deliver eligible products for replace or repair at his own account and risk to an address that is to be specified by Snel.com B.V.
21.6 For products with an attached certificate of guarantee other than that of Snel.com B.V., insofar as it deviates from the conditions stated in these Terms and Conditions.
21.7 The Customer may not invoke the warranty if:
i) the Customer neglected the products;
ii) Customer has made changes to the products, including any repairs that are not performed by or made on behalf of Snel.com B.V.;
iii) improper or careless use, incorrect connection, wrong voltage, lightning, damage due to moisture or other external causes or calamities;
iv) the unit is not maintained in the usual manner or as described in the user manual;
v) the device is used with unsuitable or incorrect accessories, and
vi) if the Customer has otherwise negligent proper treatment of the products.
Section 22 Final clause
22.1 If by court order one or more of these items will be declared invalid, all other sections of this agreement shall remain in full force and Snel.com B.V. and the Customer will conclude a new agreement in order to replace the invalid or void provisions for new provisions, taking into account as much as possible the purpose and intent of the invalid or void provisions.
22.2 For each agreement between the Customer and Snel.com B.V. only Dutch law applies.
22.3 These General Conditions are filed at the Chamber of Commerce in Rotterdam. Applicable is always the last registered version or the version valid at the time of realization of the Agreement.
22.4 Snel.com B.V. reserves the right to issue a summons against the customer before another authorized court of law.