Conditions Internet Facilities
Article 1. Applicability
1.1 Supplier : is the party that applies these conditions to all its transactions with end user.
End user : is the business or professional party that uses internet facilities made available by the supplier.
1.2 These terms and conditions consist of the General Terms and Conditions of HEATT Support supplemented with one or more specific terms and conditions related to a product or service. In addition to the General Terms and Conditions of HEATT Support, these terms and conditions Internet facilities apply, insofar as the end user makes full or partial use of the supplier's internet facilities - by whatever name.
1.3 The provisions of these terms and conditions are inextricably linked to the provisions of the General Terms and Conditions of HEATT Suppor. In the event of any conflict between any provision in the General Terms and Conditions and any provision of these present terms and conditions, the latter shall prevail.
Article 2. Services
2.1 The supplier may provide the end user with the services agreed between the parties regarding internet access in accordance with the specifications agreed in writing. After entering into the agreement between the parties, the end user will be granted access to the internet, whereby the supplier will observe its usual terms for connection.
2.2 Supplier has the right to make reasonable and/or necessary adjustments to the transmission speeds and amounts of data traffic of the end user if this is the result of adjustments imposed by the government or other competent authorities.
2.3 Only if agreed in writing will the supplier make an effort to make one or more (leased) lines of a capacity agreed in writing between the parties available to the end user. The supplier will always consider favorably a request from the end user to increase the capacity of a (leased) line, but the supplier does not guarantee that such a request can be granted in all cases. The Supplier is entitled to set further conditions if it grants such a request.
2.4 The Supplier is at all times entitled to change the content and scope of the agreed service with regard to internet access if it deems this desirable in view of progressive technical and necessary developments.
2.5 The parties agree from which location or point the end user will be offered access to the internet. If the end user wishes to change or move his internet connection, he will give the supplier a written order stating the necessary information. The Supplier can always attach (financial) conditions to the acceptance of that assignment.
2.6 All services of the supplier are performed on the basis of a best efforts obligation, unless and insofar as the supplier has expressly promised a result in the written agreement and the relevant result has also been described with sufficient certainty.
2.7 Unless agreed otherwise, the end user is responsible for the use of the service and the way in which the results of the service are used. The end user is also responsible for the instruction to and use by users, regardless of whether these users have an authority relationship with the end user.
Article 3. Domain names
3.1 Unless agreed otherwise in writing, the service provided by the supplier under the agreement does not include applying for and/or registering one or more domain names with an appropriate body.
3.2 If, contrary to Article 3.1, the supplier applies for and/or registers one or more domain names with or through the intermediary of a third party for the benefit of the end user, the terms and conditions of that third party shall apply mutatis mutandis. Upon request, the supplier will provide the end user with a written copy of those terms and conditions. The end user owes all costs associated with the application and/or registration in accordance with the agreed rates or, in the absence of agreed rates, in accordance with the supplier's usual rates.
3.3 The Supplier does not guarantee that a domain name desired by the end user will also be assigned.
3.4 Supplier is not responsible for the content and composition of the domain name and the use of the domain name. The end user guarantees to the supplier that he is entitled to use the domain name and that its use is not unlawful towards one or more third parties.
The end user indemnifies the supplier against any third-party claim related to the domain name, even if the end user's domain name has not been registered by the supplier.
Article 4. Facilities, IP addresses and other codes
4.1 The end user must have access to the facilities suitable for access to the internet, such as - but not limited to - adequate equipment, software and infrastructure.
4.2 The Supplier will use one or more IP addresses in the context of its services to the end user. Only the supplier determines whether a static or a dynamic IP address is made available to the end user. Supplier determines the format and standard of the IP addresses based on applicable rules and legislation.
4.3 The end user guarantees that IP addresses will never be misused in any way.
4.4 The supplier provides the end user with the codes and settings that are necessary to establish access to the internet from the (computer) system of the end user. The end user himself is responsible for the correct introduction of these codes and settings in his (computer) system.
Article 5. Misuse of the Internet
5.1 If the supplier applies general rules of conduct that apply to all its end users, the supplier will provide these to the end user on request and the end user is obliged to strictly and fully comply with these rules of conduct. The end user will always and under all circumstances behave carefully and not unlawfully towards third parties. The end user will at all times in particular respect the intellectual property rights and other rights of third parties, respect the privacy of third parties, will not distribute data in violation of the law, will not gain unauthorized access to systems, will not spread viruses or other harmful programs and will refrain from criminal offenses and violation of any other legal obligation.
5.2 In order to prevent any liability towards third parties or to limit the consequences thereof, the supplier is entitled to take measures with regard to an act or omission by or at the risk of the end user. The end user is obliged to immediately remove information at the supplier's first written request, failing which the supplier is entitled to make access to the internet impossible. In the event of a violation or imminent violation of the provision of article 5.1, the supplier is also entitled to immediately and without prior notice deny the end user access to the supplier's systems. The foregoing is without prejudice to the taking of other measures or the exercise of other rights by the supplier towards the end user. In that case, the supplier is also entitled to terminate the agreement with immediate effect, without being liable to the end user for this.
5.3 The supplier cannot be required to form an opinion about the validity of the claims of third parties or the defense of the end user or to be involved in any way in a dispute between a third party and the end user. The end user will have to communicate with the relevant third party in this respect and inform the supplier in writing and properly substantiated with documents.
Article 6. Malfunctions
6.1 If agreed in writing between the parties, the end user can report a malfunction to the supplier in the manner determined by the supplier. In that case, the supplier will make every effort to solve the malfunction in accordance with what the parties have agreed in writing. If, in the opinion of the supplier, cooperation from the end user is necessary or desirable for the investigation of a malfunction, the end user will provide all cooperation deemed useful, necessary or desirable by the supplier. The Supplier is entitled to charge costs if the malfunction is related to careless or improper use by the end user or non-compliance with instructions for use.
6.2 The Supplier is always entitled to disable access to the internet in whole or in part in the event of failure to correctly comply with one or more contractual obligations and/or the violation of one or more statutory provisions.
Article 7. Duration
7.1 The agreement is entered into for the term agreed between the parties, in any case at least 12 months. The term of the agreement is always tacitly extended for the duration of the original period, unless the end user or supplier terminates the agreement in writing with due observance of a notice period of three months before the end of the relevant period. If the agreement includes several services, each party can cancel each service separately with due observance of the above provisions.
Article 8. Payment
8.1 All amounts relating to the contractual services of the supplier and/or subscriptions are payable per calendar month in advance before the start of the period of use. Usage costs are invoiced monthly in arrears and must be paid within 14 days.
8.2 In the event of a periodic payment obligation on the part of the end user, the supplier shall be entitled to adjust the applicable prices and rates in writing on the basis of the annual CBS indexation for companies or levies imposed by government institutions with effect from the date on which the levies take effect.
8.3 The supplier will inform the end user in writing about this price adjustment. The intended price adjustment does not constitute a reason for the end user to terminate the current agreement prematurely.
8.4 The end user is not permitted to perform actions or have them performed that are intended to influence the usage data for billing purposes and thus the amounts that the end user owes.
Article 9. Warranty
9.1 The Supplier cannot guarantee the uninterrupted availability of the bandwidth agreed between the parties insofar as it is also dependent on external suppliers or circumstances beyond its control. The foregoing also applies with regard to undisturbed and unrestricted access to the internet at all times.