Terms and Conditions | Etheron Hosting

Art. 1 - Definitions

Etheron Hosting: Etheron Hosting, located in Alkmaar under Chamber of Commerce no. 75539519.
Customer: the party with whom Etheron Hosting has entered into an agreement.
Parties: Etheron Hosting and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Art. 2 - Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Etheron Hosting.
Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.
If a customer registers with Etheron Hosting, the customer guarantees to be 18 years or older or to have permission from a legal representative.

Art. 3 - Offers and quotations

Offers and quotations from Etheron Hosting are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 1 month, unless a different acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed to this in writing.

Art. 4 - Acceptance

Upon acceptance of a non-binding quotation or offer, Etheron Hosting reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
Verbal acceptance by the customer only binds Etheron Hosting after the customer has confirmed this in writing (or electronically).

Art. 5 - Prices

All prices used by Etheron Hosting are in euros, include VAT and exclude any other costs such as transaction costs, administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
All prices that Etheron Hosting uses for its products or services, on its website or otherwise made known, can be changed by Etheron Hosting at any time.
Increases in the cost prices of products or parts thereof, which Etheron Hosting could not foresee at the time of making the offer or entering into the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
The price for a service is determined by Etheron Hosting on the basis of the hours actually spent.
The price is calculated according to the usual hourly rates of Etheron Hosting, applicable for the period in which it performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service by Etheron Hosting, this is always a target price, unless the parties have expressly and in writing agreed on a fixed price that cannot be deviated from.
Etheron Hosting is entitled to deviate up to 10% from the target price.
If the target price is more than 10% higher, Etheron Hosting must inform the customer in time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
Etheron Hosting has the right to adjust prices annually.
Prior to entry into force, Etheron Hosting will communicate price adjustments to the customer.
The consumer has the right to terminate the agreement with Etheron Hosting if they do not agree with the price increase.

Art. 6 - Payments and payment term

Etheron Hosting may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The customer must have made payments before the delivery of the service or product.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, they are legally in default and in breach, without Etheron Hosting having to send the customer a reminder or put them in default.
Etheron Hosting reserves the right to make a delivery dependent on immediate payment or to require security for the total amount of the services or products.

Art. 7 - Consequences of late payment

If the customer does not pay within the agreed term, Etheron Hosting is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month counts as a full month.
When the customer is in default, they also owe extrajudicial collection costs and any compensation to Etheron Hosting.
The collection costs are calculated on the basis of the Decree on Compensation for Extrajudicial Collection Costs.
If the customer does not pay on time, Etheron Hosting may suspend its obligations until the customer has fulfilled their payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Etheron Hosting's claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the performance of the agreement by Etheron Hosting, they are still obliged to pay the agreed price to Etheron Hosting.

Art. 8 - Right of reclamation

As soon as the customer is in default, Etheron Hosting is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
Etheron Hosting invokes the right of reclamation by means of a written or electronic notification.
As soon as the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to which this right relates to Etheron Hosting, unless the parties make other arrangements about this.
The costs of retrieving or returning the products are at the expense of the customer.

Art. 9 - Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the service has not been used
- it is not a product that has been specially made or adapted for the consumer
- the consumer has not waived their right of withdrawal
The cooling-off period of 14 days as mentioned in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has used a service for the first time
- as soon as the consumer has confirmed that they will receive digital content via the internet
The consumer can make their appeal to the right of withdrawal known via support@etheron.nl, if desired using the withdrawal form that can be filled in via the Etheron Hosting website, https://etheron.nl.
The consumer is obliged to return the product within 14 days after making their right of withdrawal known to Etheron Hosting, failing which their right of withdrawal will lapse.
The costs of returning are only at the expense of Etheron Hosting if the entire order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Etheron Hosting will refund these costs within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Etheron Hosting in time.
The customer must request a refund from Etheron Hosting.
If the customer requests a refund via the payment method (for example, PayPal claim), Etheron Hosting will immediately stop the service and €25 in administration costs will be charged.
The customer is entitled to a refund for every service, unless otherwise stated in Art. 30.

Art. 10 - Right of retention

Etheron Hosting can invoke its right of retention and in that case hold products of the customer until the customer has paid all outstanding invoices with regard to Etheron Hosting, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements for which the customer still owes payments to Etheron Hosting.
Etheron Hosting is never liable for any damage that the customer may suffer as a result of using its right of retention.

Art. 11 - Set-off

Unless the customer is a consumer, the customer waives their right to set off a debt to Etheron Hosting against a claim on Etheron Hosting.

Art. 12 - Retention of title

Etheron Hosting remains the owner of all delivered products until the customer has fully complied with all their payment obligations to Etheron Hosting under any agreement concluded with Etheron Hosting, including claims regarding failure to comply.
Until that time, Etheron Hosting can invoke its retention of title and take back the goods.
If Etheron Hosting invokes its retention of title, the agreement is considered dissolved and Etheron Hosting has the right to claim compensation, lost profit and interest.

Art. 13 - Delivery

Delivery takes place while stocks last.
Delivery takes place at Etheron Hosting, unless the parties have agreed otherwise.
Delivery of online ordered products takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Etheron Hosting has the right to suspend its obligations until the agreed part has been paid.
In case of late payment, the customer is in creditor default, as a result of which the customer cannot hold Etheron Hosting to a delayed delivery.

Art. 14 - Delivery time

The delivery times stated by Etheron Hosting are indicative and do not give the customer the right to dissolution or compensation if exceeded, unless the parties have expressly and in writing agreed otherwise.
The delivery time commences after the quotation signed for approval by the customer has been confirmed in writing or electronically by Etheron Hosting to the customer.
Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Etheron Hosting cannot deliver within 14 days after having been given written notice to do so or the parties have agreed otherwise.

Art. 15 - Agreement

An agreement is established between Etheron Hosting and the buyer after the buyer has made an initial payment to Etheron Hosting.
Etheron Hosting has the right to have the agreed service (partially) performed by third parties.
Etheron Hosting reserves the right to cancel services at any time and not provide compensation.
Etheron Hosting may refuse orders or assignments without giving reasons.

Art. 16 - Information provision by the customer

The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Etheron Hosting in a timely manner and in the desired form and manner.
The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
If and insofar as the customer requests this, Etheron Hosting will return the relevant documents.
If the customer does not make the information, data or documents reasonably required by Etheron Hosting available or does not do so in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be at the expense of the customer.

Art. 17 - Intellectual property

Etheron Hosting retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.
The customer may not copy, show to third parties and/or make available or otherwise use the said intellectual property rights without the prior written consent of Etheron Hosting.

Art. 18 - Indemnification

The customer indemnifies Etheron Hosting against all claims from third parties related to the products and/or services delivered by Etheron Hosting.

Art. 19 - Complaints

The customer must examine a product delivered or service provided by Etheron Hosting as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Etheron Hosting of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Etheron Hosting of this within 2 months of discovering the shortcomings at the latest.
The customer provides as detailed a description of the shortcoming as possible, so that Etheron Hosting is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.

Art. 20 - Notice of default

The customer must make notices of default known to Etheron Hosting in writing.
It is the responsibility of the customer that a notice of default actually reaches Etheron Hosting (in time).

Art. 21 - Joint and several liability of customer

If Etheron Hosting enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Etheron Hosting under that agreement.

Art. 22 - Liability of Etheron Hosting

Etheron Hosting is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Etheron Hosting is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Art. 23 - Limitation period

Any right of the customer to compensation from Etheron Hosting lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Art. 24 - Right to dissolution

The customer has the right to dissolve the agreement if Etheron Hosting imputably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, does not justify the dissolution.
If the fulfillment of the obligations by Etheron Hosting is not permanently or temporarily impossible, dissolution can only take place after Etheron Hosting is in default.
Etheron Hosting has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if Etheron Hosting has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfill their obligations.

Art. 25 - Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Etheron Hosting to fulfill any obligation towards the customer cannot be attributed to Etheron Hosting in a situation independent of the will of Etheron Hosting, whereby the fulfillment of its obligations towards the customer is wholly or partially prevented or whereby the fulfillment of its obligations cannot reasonably be required from Etheron Hosting.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: (threat of) war, riots, strikes, disturbances, fire, water damage, flooding, atmospheric conditions, prolonged power outages, adjustments or maintenance to the telecommunications and/or electricity network of others, cable breaks, attacks on a network/server including DDoS and DoS, disruptions in networks important to Etheron Hosting, disruptions in communication connections including telecommunications connections or prevention or refusal/prolonged absence of performance by suppliers on whom Etheron Hosting depends for the execution of its activities.
If a force majeure situation occurs as a result of which Etheron Hosting cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Etheron Hosting can fulfill them again.
From the moment a force majeure situation has lasted at least 60 days, both parties may dissolve the agreement in whole or in part in writing.
Etheron Hosting does not owe any compensation in a force majeure situation, even if it derives any benefit as a result of the force majeure situation.

Art. 26 - Amendment of the agreement

If after the conclusion of the agreement it appears necessary to change or supplement its content for its execution, the parties will adjust the agreement accordingly in a timely manner and by mutual consultation.

Art. 27 - Amendment of general terms and conditions

Etheron Hosting is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a significant change to the general terms and conditions.

Art. 28 - Transfer of rights

Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Etheron Hosting.
This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Art. 29 - Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms and conditions.
A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Etheron Hosting had in mind when drafting the terms and conditions on that point.

Art. 30 - Conditions per service

Etheron Hosting is not liable for file loss.
Etheron Hosting is entitled to suspend services if they perform illegal activities.
Etheron Hosting is entitled to disable a server at any time.
Etheron Hosting is entitled to completely delete all files 7 days after expiration of a service without warning.
Etheron Hosting requires the customer to use the purchased service for its intended purpose.
Etheron Hosting requires the customer to use the storage of the purchased service for its intended purpose.
Etheron Hosting is entitled to suspend services or to send an additional invoice at a price determined by Etheron Hosting if the service is used excessively.
The customer has a 72-hour cooling-off period for all game hosting packages; after 72 hours, the right to a refund expires.
The customer cannot request a refund for domain names and/or SSL certificates.
For websites created by Etheron Hosting, the customer can receive a maximum of 50% of the paid amount as a refund.
It is not permitted to use Etheron Hosting services for purposes that are contrary to Dutch law.
Etheron Hosting may invoice the customer for excess bandwidth usage.

Art. 31 - Fair use

Services with unlimited storage and/or unlimited data traffic are subject to the fair use policy.
Fair use conditions per service:
- Game hosting: All Minecraft servers have 20 GB storage upon purchase. Upgrading storage is possible at any time by contacting Etheron Hosting. All other game servers have 50 GB storage upon purchase unless otherwise stated. Upgrading storage is possible at any time by contacting Etheron Hosting.
- Web hosting: Data traffic is monitored; as soon as a package exceeds 1TB of data traffic in one month, contact will be made to see if the data usage can be reduced.
- VPS: VPS data traffic is monitored and as soon as a VPS uses more data traffic than "normal", contact will be made to see if the data usage can be reduced. Normal is defined as follows: Each VPS package has a number in the product name. The number divided by two gives an indication of the maximum amount of data traffic per month in terabytes. For an X8 VPS, this is 4TB (8/2=4). When the limit is exceeded, the VPS receives a speed limit of 10 Mbit/s until the end of the month.
- Dedicated servers: All dedicated server data traffic is monitored. If data traffic exceeds 5 TB, contact will be made to see if data traffic can be reduced.
- Colocation: A colocation package has 5 TB of data traffic by default. If this is exceeded, we will pass these costs on to the customer.