General conditions of sale

General conditions of sale

The conditions described below apply to any agreement entered into between you, the Customer, and FirstServed N.V. / S.A., Ferdinand Coosemansstraat 77, 2600 Berchem, Belgium.

By using our website, placing an order either by signing a printed document or by filling out and sending an online web form, you acknowledge having read, understood and agreed to the conditions of sale and the acceptable use policy.

The conditions of sale, the acceptable use policy and the agreement specifics together form the integral agreement between you and FirstServed N.V. / S.A.

FirstServed N.V. / S.A. has the right to modify the general conditions of sale.

Modifications to the general conditions of sale apply as well to agreements closed at a prior date.
Such modifications will apply 30 days after announcement, unless a later date is specified in the announcement.
In case the Customer deems that the new general conditions breach the spirit of the original agreement, the Customer is entitled to end the agreement by sending FirstServed N.V. / S.A. a written notice.
In that case, the agreement will end 30 days after the sending of the notice.

The Services

Delivery times are not determined and always prior to changes. If FirstServed may not be able to get deliveries of components before the suggested deadline, the Client has no right for financial compensation or end of the Agreement.

FirstServed N.V. / S.A. has the right to modify and alter different aspects of the services offered at its own discretion. Such modifications and alterations are unavoidable in order to guarantee a high level of service, or in order to offer additional services to the Customer. The Customer will be noticed of any pending changes by FirstServed N.V. / S.A. in advance, inasmuch as the proposed changes may have a negative impact on the Customer’s use of the services. The modifications and alterations mentioned have no impact on the Customer’s obligation payment liabilities.

Guarantees and limits

The FirstServed Service Level Agreement is applicable for Dedicated Hosting and Co-location services, this in conjunction with the service levels chosen by the customer.

Service reliability for Shared Hosting services is based on a best effort basis, since those services are provided in a shared environment, and FirstServed N.V. / S.A. cannot be held liable for actions of other customers using the same environment.

FirstServed N.V. / S.A. cannot offer any guarantee that the Customer will be able to register a desired domain name, since there is no way to avoid prior registration by a third party, and WHOIS databases may contain errors or blanks.

Security

FirstServed N.V. / S.A. will take all necessary actions in order to secure the services offered to the Customer. However, FirstServed cannot be held liable for any losses incurred by the Customer or a third party as a result of insufficient security measures.

In case the Customer should notice any unauthorized use of the services by a third party, he should inform FirstServed N.V. / S.A. at the first notice. FirstServed N.V. / S.A. cannot be held accountable for any losses resulting from such unauthorized use.

Customer obligations

The Customer shall also refrain from putting the services offered to objectionable use, either by infringing the Acceptable Use Policy or by committing unlawful deeds.

The Customer shall also refrain from any use of the services which could conceivably hinder or cause harm to FirstServed N.V. / S.A. or other customers.

The Customer is responsible for his use of the services, including but not limited to the confidentiality of the passwords obtained, the use of his e-mail addresses, and the content of his website.

Without prior written consent of FirstServed N.V. / S.A, no rights and obligations resulting from the agreement can be transferred to third parties.

The Customer is held to inform FirstServed N.V. / S.A. of any change of address. Written communication from FirstServed N.V. / S.A. to the Customer will be deemed binding when sent to the last known address the Customer has communicated.

Any changes in the role of the Customer, his staff or his agents will only affect the agreement after they have been communicated to FirstServed N.V. / S.A. in writing, notwithstanding publication of those changes in public registers.

In case the Customer acts as an agent of a third party, in specific if the Customer acts as a reseller of services, the Customer asserts having the authority to bind the aforementioned third party to all conditions applying to the agreement. The Customer accepts full liability for any loss incurred by FirstServed N.V. / S.A. incurred through a breach of the conditions mentioned.

Invoicing, Payments and Pricing

FirstServed reserves the right to modify the prices of the services. During the initial period of the contract, prices will not be modified.

Services offered by FirstServed N.V. / S.A. are invoiced and payable at the start of each new period. Invoices are payable within 15 days after the invoice date, unless mentioned otherwise.

In case the Customer should default on the payments, an additional amount of 10% of the invoice amount will be due, with a minimum of 100 euro. Furthermore, a yearly interest of 10% will be due on the invoice amount, starting at the payment date mentioned on the invoice. Abovementioned amounts will be due even without notice from FirstServed N.V. / S.A. to the Customer.

Insofar as the service comprises buying computer hardware of which ownership is to be transferred to the Customer, FirstServed N.V. / S.A. will keep ownership of the hardware until the time due payment is made by the Customer.

Insofar as the service comprises placement of computer hardware belonging to the Customer in a Data Centre, FirstServed N.V. / S.A. reserves the right to withhold the hardware from the Customer until due payment of due invoices has been made.

Payments made by the Customer will in the first place be used in payment of any interests or damages due, in the second place in payment of the unpaid invoices with the oldest date, notwithstanding any mention that the payment should service in payment of a specific invoice.

Duration and termination of the agreement

The agreement has an initial duration of one year, unless mention of a different duration is made in the proposal or agreement specifics.

The agreement can be terminated by written notice sent at least one month before the end of the initial period. After the initial period, written notice should be sent by the end of the month, with the agreement ending at the end of the month following that in which the notice was received.

The end of the Agreement can only be initiated by registered mail.

FirstServed N.V. / S.A. has the right to terminate the agreement or to suspend access to services without prior notice in case the Customer does not respect the conditions of the agreement. FirstServed will inform the Customer beforehand of the possibility of these actions. The Customer will have no recourse whatsoever for any losses incurred as a result of the termination of the agreement or suspension of services due to a breach of the agreement.

FirstServed N.V. / S.A. has the right to terminate the agreement should the Customer go bankrupt, ask for a judicial agreement, or in general is not able to meet his financial obligations toward FirstServed N.V. / S.A.

Liability

FirstServed N.V. / S.A. is not to be held liable for any direct or indirect losses incurred by the Customer resulting from the agreement between the parties or any other obligation of FirstServed N.V. / S.A. toward the Customer, unless losses can be attributed to a purposeful action or serious professional shortcomings of FirstServed N.V. / S.A.

FirstServed N.V. / S.A. can only be held liable for direct losses incurred by the Customer which can be attributed to a shortcoming in the execution of the agreement, proved by the client and assessed by FirstServed N.V. / S.A. Liability in any case is limited to the net amount (VAT not included) of the service to which the losses pertain, and this during the period that the Customer has incurred losses.

FirstServed N.V. / S.A. cannot be held liable for any indirect losses incurred by the Customer or third parties, including but not limited to loss of data, financial losses, claims by third parties etc.

All claims by the Customer against FirstServed N.V. / S.A. will lose their validity after a period of one year after the situation out of which could lead to a claim has passed.

The Customer agrees to hold FirstServed N.V. / S.A. free of any claims by third parties arising from the Customer’s usage of the service or from a breach of the agreement’s conditions by the Customer. This obligation shall not take end at the termination of the agreement.

Legal recourse

All transactions between FirstServed N.V. / S.A. and its customers are governed by Belgian law.

In case of legal dispute of a matter pertaining to the agreement, judgement will be made only by the courts of Antwerp, Belgium.