Article 1: General
Robusta Hosting ("Robusta") is only committed after explicit and written acceptance by Robusta an order / order of the customer. These terms and conditions (the "Terms") are applicable to the supply of services and the sale of goods by Robusta. The General Conditions by specifying an order or giving a command, if accepted by the customer considered. The Terms and any specific agreement constitute the entire and only agreement between the parties and supersedes all prior oral or written agreements, proposals, promises, understandings or communications relating to the subject of the specific agreement. Deviating conditions of the customer are not applicable and are not enforceable against Robusta.
Article 2: Duration and Termination
Unless otherwise agreed in the order / contract, the specific agreements for a period of one (1) year. One (1) month before the expiry of the term, the customer is invited to extend the Agreement for an equal period of one (1) year. If payment is received before the expiration of the initial term, the agreement will automatically be renewed for a subsequent period of one (1) year.
Robusta, the specific agreement with immediate effect if the customer makes unauthorized use of the services and facilities and / or the customer does not or not fully act in accordance with the guidelines and obligations Robusta prescribes.
Article 3: Prices
All prices are excluding VAT and subject to change, unless otherwise stated. Rates Robusta communicated to ensure services are defined in terms of performance during workdays. Business days are weekdays, excluding holidays. Prices mentioned Robusta in the context of proposals are always without engagement, unless explicitly indicated that they are final. The final prices in offers are only valid for 15 days.
Article 4: delivery, payment and protest
Unless otherwise agreed in the order / contract is the delivery of services or delivery of goods only after receipt of payment.
The Robusta delivery terms are indicative and not binding unless expressly agreed otherwise. The terms are always in working-days. Delay in delivery may under no circumstances give entitlement to cancellation of an order or a compensation. Any complaint concerning the delivery, of any kind, payable by the customer within 8 working days from the delivery of goods or the commencement date of the delivery of the services or after the completion of a website to be published to Robusta and by registered letter . Any complaints regarding the goods or services can not be used as a pretext for the payment of invoices to suspend or delay. The lack of written protest of a bill within 7 working days from the dispatch, means the irrevocable acceptance of the invoice and it amounts, products and services. Invoices are payable within 15 days after invoice date. If the invoice is not paid in time, by right and without any notice a contractual interest of 1% per month, each commenced month for a full count. Any late payment by the customer gives Robusta also entitled to an administration fee of € 150.00 to charge. All costs resulting from the enforcement of payment through the courts, including attorneys' fees, will be borne by the customer.
Article 5: Delivery of Software
Article 6: Registration of domain names
The registration of domain names made according to the regulations of the relevant responsible for the registration of domain names (such as DNS Belgium vzw for domain with TLD. "Be"). Robusta states on its website under the URL www.robusta-hosting.eu available a list of the websites of the relevant persons responsible for the registration of domain names which their regulations, terms and conditions can be found. The customer is aware of and accepts these terms and conditions for the domain name and declares that Robusta has informed him about these terms and conditions. Robusta contributes in any way any liability for the bad faith registration of domain names by third parties registering domain names at the request of the client which would be a violation of third party rights, and so on. The customer will indemnify each Robusta for any claims by third parties resulting from the registration of a domain name.
Once Robusta in customer demand the registration of a domain can perform this registration in no event be canceled and the payment of the domain name by the customer made (according to Article 80, § 4, 2 ° of the Law on Commercial , of 14 July 1991).
Article 7: Webhosting
Each hosting package allows a limited amount of disk space available to the customer. Each hosting package allows a limited amount of bandwidth (bandwidth) available to the customer. This limited amount of bandwidth per month applies and the amount consumed is put back to zero at the start of a new month. When more bandwidth or disk space is consumed than the amount that is allocated to purchase the hosting package, will be charged at the end of each calendar month. Robusta states on its website under the URL www.robusta-hosting.eu more the prices of these timeouts available. When the limit of bandwidth and / or disk space would be achieved, customers can upgrade to a hosting package that more bandwidth or disk space available shall, insofar as the customer does not yet have a hosting package with the highest specifications on bandwidth and / or disk space.
You install or run software such as IRC bots, real-time chat applications, game servers, and other software that can severely taxing the servers is not allowed. If Robusta determines that unauthorized software on a client is installed or run may lead to immediate termination of the account. If a hosting account for a long time, a large portion of the processing power of a server is used, a high load causes a large part of the memory is used, or in any other manner in the performance of the server in such a way reduces other hosting accounts on the server thereby nuisance experience, Robusta reserves the right to block the respective hosting account, with or without prior notice.
Article 8: Web design and web development
After signing a contract for web design and web development, there is an agreement between the customer and Robusta, then the customer is obliged to work Robusta as agreed to honor. Robusta, a contract for web design and web development to the best of his knowledge and ability. If and insofar as the proper implementation of the agreement requires Robusta has the right to have certain work done by third parties.
The customer shall ensure that all information, which Robusta indicates are necessary or which the client reasonably understand to be necessary for the execution of the agreement, shall be provided to Robusta. If the implementation of the necessary information in time to be provided Robusta, robusta has the right implementation of the agreement to suspend and / or delay resulting from additional costs to the customer account.
Robusta is not liable for damages of any kind resulting Robusta is assumed by the customer incorrect and / or incomplete information, unless such inaccuracy or incompleteness by Robusta should have been known.
The design and development of the website as soon as possible or at the customer agreed period started after delivery of the necessary equipment and the payment of any advances that have been agreed. If the design and development of the website done in stages, the implementation of the next phase can be started only after approval by the customer of the preceding stage, and after payment of any advances that have been agreed.
If the customer during the design and development additional modifications and / or additions to the website will perform the contract after mutual consultations be changed. For these changes to the website will be honored in proportion Robusta. These adjustments can also change the delivery date may result. Robusta in that case the customer as soon as possible to inform the financial implications and the new delivery date.
If exceeding the agreed delivery date of a site is likely this will as soon as possible Robusta communicated to the customer. In case of force majeure on the side of Robusta, the deadline for design and development of the site will be extended by the terms of that control.
For complaints within the valid period after the completion of the website will Robusta rectify the defects if the objection is well founded. By the customer provided inaccurate information leading to defects is explicitly not mean "defects".
After completion of the website, the total amount determined under the contract, less any previously paid advances to be paid. Only after receipt of the total agreed amount will Robusta publicly accessible website on the internet, unless otherwise agreed with the customer.
Robusta reserves the right to an entry with a hyperlink to include in the websites that has been designed and developed. Robusta also reserves the right to change the portfolio or for promotional purposes as a reference to refer to all finished sites, unless expressly otherwise agreed with the customer.
Robusta places (host) the websites that are developed on servers in house. Depending on the technical requirements for the website or at the explicit request of the client, possibly at a later date, the sites placed (hosted) on third party servers. Robusta and the client in that case bound by the terms of these third party regarding the use of its systems for hosting websites. Failure to comply with these conditions by the customer can decide Robusta website offline. Any costs associated with such breach and / or Vacate will be passed on to the customer. Robusta is not responsible for any default of the third party.
Article 9: Unauthorized use
The customer may not imply the services or facilities, including offered disk space and bandwidth, use to commit offenses, causing damage or nuisance in respect of Robusta or third parties. The activities of the customer shall not give cause to this. The customer shall at all times that any criminal and / or infringing data, files, software, meta tags, links, deep links or comparable information present on equipment made available by Robusta. At the first request of the customer will Robusta Robusta above (including lawyers' fees) and at his own expense intervene in any proceedings brought against Robusta related thereto. The use of Warez, MP3 sites and / or other sites with illegal software is prohibited. Spamming is already the Robusta supplied equipment and systems strictly prohibited and may result in immediate termination of the hosting account. The customer assures immediately act on any request from Robusta well with any reasonable request of a third party to remove and / or adaptation of its own content. The client renounces his right to any compensation of Robusta to claim. So let Robusta for example on its servers no pornographic material, nor illegal MP3 sites or sites that offer things that are contrary to public order or morality, or which constitute an abusive practice. Child pornography is already the Robusta supplied equipment and systems strictly prohibited and may result in immediate termination of the hosting account, where Robusta also the competent legal authorities will notify. Nor may of the systems of Robusta activities exercised that encroach on protected works or which are punishable in the Law on Computer Crime.
Article 10: Liability
In no event shall Robusta liable for indirect damage, such as commercial or financial loss, loss of data, loss of reputation, loss of profits or revenue, loss of customers and losses resulting from legal action by third parties against the customer. Robusta can thus in no way be liable for any failure of the Internet due to technical or other failures both inside and outside the network Robusta, any downtime of servers, loss or corruption of data, loss of or damage to backups. Robusta can in no way be held liable for damages resulting from the use of third party services which Robusta appeals. The customer is solely responsible for the proper use of the product, service or software, taking into account the specifications, documentation and instructions of Robusta. Thus, the customer is responsible for a full backup of its data on the Robusta supplied equipment and systems. Robusta will be relative to the client only be liable for actual and proven damage resulting from the agreements concluded with Robusta sheet liabilities, thus excluding any other implicit or non-written commitments. The liability of Robusta under or in connection with a Robusta agreement shall, per claim or series of claims arising from the same fact cause, in any case not exceed the total of the customer's invoice and paid by amounts for the purchase price or recurring charges (excluding installation costs and fees for registration of domain names) of the service over a period of three (3) months prior to the incident and related to the specific project to which the claim relates. < /div>
Robusta is not liable for the content of the material supplied by the customer for web design and web development. The customer must ensure that the material supplied by him, including text, images, etc. are free from third party copyright.
Article 11: Processing of personal data
In order to perform its agreements collects Robusta, as controller of the processing, personal data of the customer. These data may also be used by Robusta for direct marketing. This allows Robusta to the customer regularly informed about its activities. If the customer does not want his data being used, he can let us know at the following address: email@example.com. The customer can personally consult, correct or modify a mail to firstname.lastname@example.org. Under no circumstances are these personal data to third parties. Robusta reserves the right to modify this privacy statement at any time to adjust and this in conformity with the law of 8 December 1992 on the protection of privacy.
Robusta collects statistics about visits to its website under the URL www.robusta-hosting.eu, alias and subdomains, with the aim of the content and functionality of the site to evaluate. These data will be transferred under any circumstances to third parties.
Article 12: Communications
All e-mail communication between Robusta and the customer is via the email address that the customer has specified. It is the responsibility of the customer to a valid e-mail address to which it is accessible. The customer will change the email address specified by him immediately to Robusta or self-adjusting via the control that it is made available. The customer acknowledges that if Robusta does not have a valid e-mail address and it will not be reached, this can lead to the loss of his domain, blocking its hosting account or termination of the agreement with Robusta.
Changes to contact details of the customer such as addresses, phone numbers, etc. should be timely by the customer to be notified Robusta.
Article 13: Miscellaneous
The rights and obligations arising from the agreements concluded with Robusta for the customer arising, neither partially nor totally be transferred to third parties, without the prior written permission of Robusta. If a provision of an agreement concluded with Robusta or the application thereof to any party or circumstance, at any level would be or will that the remainder of the contract without prejudice.
Article 14: Applicable law and exclusive jurisdiction
All agreements concluded with Robusta Belgian law is applicable. Any dispute in connection with the agreements concluded with Robusta will exclusively be treated by the courts Haacht.
Article 15: Intellectual Property Rights
All intellectual property rights in respect of the products and / or services as well as designs, software, documentation and any other materials that are developed and / or used in preparation or execution of the contract between the customer and Robusta, or resulting therefrom vested exclusively with Robusta or its suppliers. The delivery of products and / or services does not lead to any transfer of intellectual property rights, unless expressly agreed otherwise in writing with the customer.
The customer is only a non-exclusive and non-transferable license to use the products and results of the services for the agreed objectives. The customer shall such use is strictly abide by the conditions laid down in the General Conditions or otherwise imposed on the customer.
The customer shall not without the prior written permission of Robusta the products and results of the services in any way in whole or in part, copy or make available to a third party.
The customer will indications of Robusta or its suppliers concerning copyrights, trademarks, trade names or other intellectual property rights do not delete or change.
Robusta warrants that it is entitled to the user rights of the customer to provide and indemnifies the customer against any third party claims. This provision shall not apply if and insofar as the products and / or results of the services have been changed and / or if they are provided in conjunction with third party goods, unless the customer in the latter case demonstrates that the claims of third parties only concerning the products supplied by Robusta and / or performance of the services.
Robusta reserves the right to change the implementation of the actions, the knowledge or developed software, documentation, designs, etc. for other purposes, in so far no confidential information of third parties.
Article 16: Amendment of the Terms and Conditions
Robusta reserves the right to modify these Terms and Conditions or expand. These changes also apply to agreements already concluded, subject to a period of 30 days after notice of the change. If the customer does not want to change or accept he can until the date when the new Terms force terminate the agreement.