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1 Services of the provider, payment, contract period/termination
(1) The scope of the individual services is based on the current service description in force at the time of placing the order.
(2) If no other agreement has been expressly reaching, the provider (Hexazn) shall also be entitling to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a webspace package or other data store on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulate time.
(3) If no other agreement has been reaching the provider (Hexazn) shall
be entitle to demand payment in advance for all services ordered
by the customer for the respective period.
All webhosting
packages (“virtual servers”) offered by the provider (Hexazn)
assume a minimum service period of twelve months with an
automatic extension of the agreement and the corresponding
domains/servers for twelve months.
All server packages
(dedicated servers, collocated servers, VPS, game servers)
offered by the provider (Hexazn) assume a minimum service period
selected by the customer when placing the order with an
automatic extension of the contract and the corresponding
domains/servers for the minimum service period chosen by the
customer.
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(4) Once the payment which had been made by the
customer in advance for the agreed term has expired the contract
is automatically terminated.
The domains associated with
the packages/servers however, are charged for the complete
contract period (this is dependent upon the domain extension and
can be seen here) and must be terminated at least 4 weeks before
expiry of the contract period in order to prevent automatic
extension of the agreement (an extension is equivalent to renew
registration in respect of the contract period). If the
package/server is terminating before the end of the contract for
the relevant domain(s) or if the contract has not yet end or has
not yet been renew, you will be charge separately to cover the
remaining months of the domain service. The amount charge
depends on the extension of the domain (for a complete list,
please click here).
As part of our commitment to compliance and security, KYC verification is a mandatory process for all users. If a user refuses to provide KYC verification and demands a refund, the refund will not be processed as per our policy. We encourage all users to complete the KYC verification process to ensure a safe and secure experience for everyone.
(5) Given that the customer is placing the order as a private customer (as defined by § 13 BGB), the following applies: The customer has to pay the provider (Hexazn) an appropriate fee which equals the ratio of the services already rendered in relation to the total services initially intended for the contract, up to the point when the customer informed the provider (Hexazn) about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains.
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The reason for this is that these Internet domains
are order individually according to the customer’s wish from the
responsible registry and such orders have to be paid by the
provider (Hexazn) for one year in advance. This is why advances render by
the customer will be withheld, in general. Due to the
installation and start of operation of the hosting services
order by the customer (setup and configuration of the webspace
or server, the domain or the colocation space as well as the
Internet uplink require, setup of upgrades, etc.), which the
provider (Hexazn) is contractually obligate to perform, the provider (Hexazn)
explicitly reserves the right to demand appropriate compensation
for lost value if the costs for the services rendered by the
provider (Hexazn) in relation to the total services intended for the
contract are not covered by advances made by the customer.
(6) Should the provider (Hexazn) be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider (Hexazn) shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15-minute unit of work shall be agreed. The provider (Hexazn) may vary from this payment for the benefit of the customer as he sees fit.
(7) The responsibility for backups of his data lies with the customer, not the provider (Hexazn).
(8) Hexazn offers last three-day emergency backup service, but expressly states that in cases of data corruption or breaches, they bear no responsibility; therefore, we strongly recommend customers maintain their own regular data backups.
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(8) The provider (Hexazn) shall be entitling to increase fees
up to once per quarter. Such an increase requires the agreement
of the customer. The agreement of the customer shall be given if
he does not dissent within 4 weeks after receipt of the message
informing him about the change. The provider (Hexazn) is obliged to
inform the customer about the repercussions of not dissenting
within 4 weeks. As long as the main obligation, i.e., the
obligation of payment of the basic usage-independent monthly
remuneration, is not concerned, the provider (Hexazn) determines the
remuneration according to equitable discretion.
(9) In case the value-added tax is increased, the provider (Hexazn) shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.
(10) It is agreed that payments made by the customer will not be refund regardless of their original purpose – except in the case of an effective revocation, but then by inclusion of § 1(5). In case the customer made a payment higher than the amount of fees being require until the end of the contract and the fees for order services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider (Hexazn) at any time.
(11) Transmission of Internet over BDIX route is strictly prohibited as per BTRC guideline. Using our services for VPN use case within Bangladesh is not accepted and we have the right to terminate the service(s) after first notice.
(12) Using of any kind of proxy service/script/vpn is strictly prohibited and subject to immediate service suspension without any further notice.
2 Third party rights
(1) The customer expressly assures
that the provision and publication of web page content created
either by himself and/or web pages created for him by the
provider (Hexazn) based on information provided by the customer neither
infringes Bangladeshi law nor any other law applicable in the
customer’s country of residence, in particular copyright, data
protection and competition law. The provider (Hexazn) reserves the right
to remove any pages from storage on his server that appear to be
of dubious content. The provider (Hexazn) shall immediately inform the
supplier about any intended deletion of pages. The same shall
apply if the provider (Hexazn) is requested by third parties to change or
delete contents of web pages because they allegedly violate
third party rights.
(2) The provider (Hexazn) shall be entitled to delete any such web pages from hard disk storage on his webserver if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider (Hexazn) undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third-party rights the provider (Hexazn) shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider (Hexazn) harmless from any claims by third parties resulting from the content of materials on the customer’s website(s).
(3) The clauses 1 and 2 are also applicable for all other products offered by the provider (Hexazn) which are suitable for publishing data, such as VPS or collocate servers.
3 Internet domains
(1) Should domain registration or domain
hosting form part of the services offered to the customer, the
provider (Hexazn) shall act only in the capacity of mediator between the
customer, DENIC, InterNIC or other domain registration
authority. Agreements with such organizations have the sole
purpose of governing the customer’s rights and obligations.
(2) The provider (Hexazn) has no influence on the delegation of domain names. He therefore cannot warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent. This also applies to sub-domains allocated within the provider’s domain.
(3) If the customer should be requested by a third party to surrender a domain because it may infringe third party rights, he shall inform the provider (Hexazn) immediately. In such cases the provider shall be entitled to surrender the Internet domain on behalf of the customer. The customer hereby agrees to hold the provider (Hexazn) harmless from any claims by third parties resulting from disputes regarding inadmissible use of domain names.
(4) The customer hereby warrants to the provider (Hexazn) that the address information (consisting of at least his name, address, telephone number and e-mail address) provided during registration or setting up a new account is correct and complete. Should this information change then the provider (Hexazn) must be notified immediately in writing (letter, e-mail, fax). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider (Hexazn).
4 E-mail and newsgroups
(1) If the provision of e-mail
addresses or e-mail services forms part of the services offered
by the provider (Hexazn), the limitations set out in § 3 shall apply
analogously to e-mail addresses provided for the customer. The
provider (Hexazn) reserves the right to delete the customers e-mail
messages if they are not retrieved from the mail server within 4
weeks of receipt.
(2) If provision of access to public discussion forums (newsgroups) forms part of the services offered by the provider (Hexazn) the time period over which public news is stored shall depend upon operational considerations of the provider (Hexazn).
(3) The provider (Hexazn) shall not be responsible for the e-mail addresses he provides; their use and management is outside the control of the provider (Hexazn). In the case of misuse, the provider (Hexazn) shall be entitled to suspend all or individual e-mail addresses. The customer shall be informed immediately about such measures.
5 Limitation regarding content
(1) For webspace-packages,
the following applies: The customer must ensure that his web
site is designed such that the server does not excessively load,
e.g., caused by CGI/PHP scripts requiring considerable computing
power or above average memory usage. Excessive loading shall be
define as such usage of the aforementioned resources such that
the operation of a Hexazn server is noticeably impair or even
crashes. Hexazn reserves the right to prohibit customers or
third parties from accessing pages that do not comply with the
aforementioned requirements.
If no other agreement has been reached, the following content is
forbidden:
– Unsolicited bulk messages (spam e-mails) or
web pages that are connected in some way with spamming
–
All other scripts that may impair and/or disrupt the function of
the server
(2) For dedicated, collocated and virtual servers, the following
applies: If no other agreement has been reaching, the following
content is forbidden:
– Unsolicited bulk messages (spam
e-mails) or web pages that are connected in some way with
spamming
– IRC, the service for Internet Relay Chat
–
All other scripts that may impair and/or disrupt the function of
the server or other servers
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(3) For game servers, the following applies: Clan
Servers will be supplied by the provider (Hexazn) solely with password
protection so that players can only connect to them and
participate in ongoing games after typing in a password. This
password set by the provider (Hexazn) may never be remove by the
customer. Moreover, the password may never be completely or in
part nor in any other way which will make it guessable or
restorable be published in the server’s name or elsewhere. The
password is to be kept secret by the customer and may only be
passe on within his clan or a comparable community – to each
player individually. The customer has to make sure that players
who receive the password strictly adhere to this paragraph.
(4) For game servers, the following applies: If the customer has ordered the upgrade “Hexazn branding” for his game server, the name of the server will be extended by an advertisement supply by the provider (e.g. ‘by Hexazn.com’). This extension by the provider may never – also not in part – be remove by the customer.
(5) Should clause 1 to 4 be applicable, the provider (Hexazn) reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites story on the server be affected by the customer’s site. The customer shall be informed about any such suspension.
(6) In case of such a suspension, solely the customer, not the provider (Hexazn) shall be accountable for infringements of contracts. In any case the provider’s claim of payment of remuneration remains, for the entire contract period.
6 Server-administration
The following is only applicable
for server offers (like dedicated, collocated and virtual
servers), except for game servers:
(1) The provider (Hexazn)
concedes complete and sole administration-rights on
rented/collocated servers to the customer. Only the customer
knows the individual administration-password of the server, not
the provider (Hexazn). The provider (Hexazn) is therefore unable to administrate
the rented/collocated server. Hence the customer is solely and
entirely responsible for administration and security of his
servers, at his own expenses and risks. It is his duty to
install necessary security-software and to inform himself
constantly regarding security issues as well as to fix such by
himself. Installation of maintenance software or other software
does not absolve the customer from this duty.
(2) Should customers receive fixed IP-addresses, the provider (Hexazn) reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.
(3) If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.
(4) It is the customer’s duty to configure his programs in such a way that they are restart automatically when the hardware or the operating system is restart.
(5) For game servers, the following applies: The provider (Hexazn) concedes complete and sole administration-rights on the rented game server to the customer, within the limits of the functional range of the web interface supplied by the provider (Hexazn). The customer, however, does not receive complete root or SSH access for the used game host server. The startup parameters of the game server cannot be change by the customer.
7 Guarantees of performance
(1) The provider (Hexazn) guarantees an
annual mean 95%-availability of the physical connection of his
webspace packages, dedicated, collocated, virtual servers and
game servers. Exempted hereof are periods of time in which the
servers are not reachable over the internet due to technical or
other problems which do not lie within the provider’s sphere of
influence (force majeure, faults of third parties or of the
customer).
(2) The servers located in the datacenters of the provider (Hexazn) are connect to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore, data throughput capacities can be limit for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider (Hexazn) cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the data center, taking into account obligations towards other customers.
(3) Customers can use the servers of the provider (Hexazn) or own
collocated servers for an manageable amount of different
applications and use various software programs to this purpose,
at their own discretion. Because of this, millions of different
configurations are possible. The sheer diversity of these option
does not permit the provider (Hexazn) to give guarantees for the
utilizable and compatibility of servers for a certain
purpose.
Except for the specifications made in the
description of the offer, the provider (Hexazn) cannot give guarantees
for the actual resources available for individual webspace
packages, VPS and game servers. Rather, the provider (Hexazn) makes
available resources depending on technical possibilities, taking
into account obligations towards other customers.
8 Data protection
(1) The customer agrees that his personal
data (basic data) and other information concerning use of the
service (e.g., time, number and duration of connections, access
passwords, uploads and downloads) may be store by the provider (Hexazn)
during the period of the agreement should this be necessary for
fulfilling the purpose of the contract, particularly for
invoicing. The customer agrees to the storage of data. The
provider (Hexazn) may also process and utilize such personal data that
has been collect for the purpose of advising his customers, for
advertising and market research for his own purposes and for
structuring his telecommunication services in accordance with
requirements. The customer shall be entitling to object to such
use of his personal data.
(2) Upon request by the customer the provider (Hexazn) undertakes at any time and at no charge to provide full access to stored personal data pertaining to the customer. The provider (Hexazn) shall not disclose this data or any of the customer’s personal messages to third parties unless he is legally requiring to do so, in particular to government bodies or should this be required by internationally recognize technical standards.
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(3) The provider (Hexazn) expressly points out that the
protection of data privacy for data transmission across open
networks such as the Internet cannot be fully guarantee with
current technology. The customer acknowledges and accepts that
the provider (Hexazn) is entitle at any time to view the websites stored
on his server and, under certain conditions, any of the
customer’s data stored there if technical requirements so
dictate. Other unauthorize Internet users may also be
technically able to interfere with network security and control
the flow of messages.
The customer warrants that all
information he has given to Hexazn is correct and complete. Upon
request the customer agrees to immediately inform Hexazn of any
changes and to reconfirm that the data is currently correct
within 7 days of receiving any such request.
This applies in particular to:
– Postal address and Name of
the customer,
– Name, postal address, e-mail address as
well as the telephone and fax number of the technician
responsible for the domain,
– Name, postal address, e-mail
address as well as the telephone and fax number of the
administrator of the domain
– and if the customer provides
his own name server, the IP addresses of the primary and
secondary name servers including the names of these servers.
(4) The clauses in § 8 do not affect § 16(4).
9 Limitation of liability
The provider (Hexazn) shall be liable for
any damages cause by him or factors, servants and assignees
through gross negligence or intent. In cases of violation of
essential contractual obligations and slight negligence which
lead to financial losses liability shall be limit to a liability
insurance procure by the provider (Hexazn) (with regard to the amount of
liability) and to predictable, imminent losses (with regard to
the type of liability).The limitations of liability stated above
do not concern claims of the customer regarding product
liability and especially do not apply for damage cause to the
customer’s health (or loss of life) attributable to the
provider (Hexazn). Otherwise, liability is excluded.
10 Indemnity
The customer indemnifies the provider (Hexazn) against
all possible third-party claims arising from any illegal action
by the customer or from errors in the information provided by
the latter. This applies in particular to copyright, data
protection and competition law violations. Hexazn shall not be
oblige to check the customer’s websites for possible legal
violations.
11 Applicable law, place of jurisdiction
(1) Applicable law
is that of the Peoples Republic of Bangladesh.
(2) Any dispute resulting from this agreement shall be referred solely to a court of competent jurisdiction at the place of business of the provider (Hexazn).
12 Payment
(1) Provided that, in the following or preceding
section(s), the customer has selected the payment option,
“direct debit” or “credit card”, he herewith agrees that
payments for the services of the provider (Hexazn) shall be debit from
his bank account or credit card. Such payments may include:
a)
Setup charge
b) Monthly package/server/housing/bandwidth
charge
c) Domain costs
d) Costs for additional
traffic
e) Other costs that may arise for using the
provider’s services
(2) In the case of incorrect direct debits/credit card debits (possibly caused by an overdrawn account, incorrect account data etc.) additional bank charges and increased administrative costs will arise for the provider (Hexazn). The provider (Hexazn) will, therefore, charge a flat fee of € 15.00 for an incorrect direct debit and a flat fee of € 30.00 for an incorrect credit card debit.
(3) In the case of a failed debit collection, the provider (Hexazn) may
immediately claim default interest fixed by law. Additionally,
the provider (Hexazn) shall be entitling to discontinue the service
contract until payment is made. The provider (Hexazn) shall be entitling
to suspend the contract and reallocate the rented capacities.
Data loss cannot be rule out in this case. A one-time-fee of €
30.00 is compute by the provider (Hexazn) when re-activating the service
for the customer.
In the case of a non-payment until the
second date mentioned in the demand note an additional fee of €
58.00 is compute for mandating a lawyer.
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(4) The provisions set out in paragraph 3 shall also
apply in the case of non-payment if the customer has selected
the payment option “bank transfer”, “PayPal”, “Skrill”, “Western
Union” or a similar, comparable payment option. Delay of payment
is the case when, at the first of a given month, the services of
the provider (Hexazn) have not been prepaid for the entire month.
(5) In case of NGO/NPO offers there is no refund or credit back. Any claim of such refund or credit back will be not entertain. In additional lawyer charges may apply in case of any legal procedure needed to perform.
(6) In case of custom quoted servers, the non-refund and no credit back will applicable too.
(7) Payment Policy Page terms will be also applicable except special cases.
13 Licensing terms for Microsoft products
Provided that in
the following or preceding section the customer has selected a
Microsoft software product (e.g. Windows Server, SQL Server
etc.) for installation on his server, he must comply with the
current provisions of the “Microsoft Service Provider (Hexazn) Use
Rights” which apply within the context of the Microsoft “Service
Provider (Hexazn) License Agreement” to Hexazn (hereinafter referred to
as provider) if the customer is able to influence the use of the
software or could infringe the provisions through use of the
software. These provisions may be view at the following address
at any time:
The customer thus agrees to comply with the corresponding
provisions and is responsible for observing them correctly.
These
provisions may result in only having restricted or even not
having the possibility to use otherwise purchased licenses of
the customer with the servers of the provider (Hexazn). The provider (Hexazn) will
supply a license for all customer orders of Microsoft software
products considering the Microsoft Service Provider (Hexazn) License
Agreement. This license allows the monthly use of the Microsoft
software product on the server and limits its utilization
permission with regard to some aspects. The customer
particularly must not use Microsoft products that require
additional or other licenses according to SPUR. The customer is
obligate to comply with all these provisions on his own and is
liable for violations against this usage policy to the provider (Hexazn)
and Microsoft.
14 Special terms for colocation-/housing-/bandwidth-offers
The
following applies for colocation-/housing-/bandwidth-offers:
(1)
The provider (Hexazn) is obliging to enable a connection to the internet
and a storing position for the server according to the
respective product description.
(2) The provider (Hexazn) does not provide any guarantee for hardware damage which can result, for example, from transport to the datacenter, back to the customer or during going concern.
(3) The provider (Hexazn) grants the customer access to his server-system during the office-times published on the homepage of the provider (Hexazn) in order to allow the customer to work on the server-system. This requires, however, a written request which has to be address to the support-department of the provider, at least 48 hours in advance. To access the server-system, the ID Card of the customer or a statement of authority signed by the customer is necessary.
During the customer’s presence in the datacenter, the provider (Hexazn) has to fulfill various duties of supervision and control. Since this requires the attendance of the provider’s personnel, costs of € 50.00 per started hour incur. With prior agreement, the provider (Hexazn) can abstain from this at his sole discretion. If the appointment is not kept, the customer has to cancel it at least 2 hours in advance (if during office hours) or at least 12 hours in advance (if outside of office hours). If there is no cancellation within the stated time periods and the appointment is not kept, the customer will be billed for € 30.00.
(4) Reboots are provided for free by the provider (Hexazn) at the customer’s request unless stated otherwise in the product description and unless the number of reboots per month does not create disproportional effort.
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(5) Other technical support services are not included
with the offer. If the help of a technician is required, costs
of € 25.00 per started 15 minutes incur.
(6) The provider (Hexazn) guarantees the following specifications
regarding the availability of peripherals (air conditioning,
electricity):
– The data floor, on which the servers are
located, is equip with sufficient air conditioning and
electricity
– The provider (Hexazn) is responsible for correct and
adequate maintenance of technical devices of the data floors in
order to guarantee going concern
– In case of an outage /
non-availability of electricity, UPS or air conditioning, the
provider (Hexazn) will immediately, at the latest during the next working
day, undertake all measures necessary to restore going concern.
(7) Claims resulting from operational outage of peripherals
;(air conditioning, electricity); can only be asserted in case
of violation of the guarantees mention in clause 6 up to the
monthly amount for the collocate server; and only if the outage
has been lasting for over 72 hours ;(continuously, without
breaks). If financial losses are claim; these have to be
substantial and will be redeem after verification up to an
amount of € 500.00.
In case of a bandwidth-outage, such
claims are only valid if the guarantees regarding bandwidth made
in § 7 clauses 1 are undercut.
(8) The provider (Hexazn) does not assume liability for damage or loss of data.
(9) The customer is responsible that the collocated equipment is flawless; so that no negative impact for other devices can emanate from it.
(10) The customer is liable for possible damages emanating from the server and is responsible for an adequate insurance.
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(11) If the provider (Hexazn) informs the customer
immediately, at least one month in advance; that he has decided
to move to a different location; each party has a special
cancellation right and can cancel the performances specified in
this contract; that are provided in the location which will
change using written form. The cancellation will come into
effect on the day the location is about to change. Given that
the provider (Hexazn) has informed the customer accordingly; and neither
party has made use of their special cancellation right; the
contract continues unchanged at the new location. This clause
does not come into effect if the reason for the change; of the
location is an instant dismissal of the rental agreement between
the provider (Hexazn) and his lessor. In this case, only clause 12
applies.
(12) The customer is aware of the fact that the provider (Hexazn) himself has to rent the data floor. If this contract concerns the housing and bandwidth provided in the datacenter; the contract concerning this performance ends automatically at the point of time; when the rental agreement between the provider (Hexazn) and his lessor ends by means of an instant dismissal; and the provider (Hexazn) has been unable to find a suitable new location. The provider (Hexazn) will inform the customer immediately. Other agreements remain untouched.
(13) If the server of the customer needs more electricity or space than specified in the rented offer; additional housing-modules need to be rented – when only notice later; this change will be retroactive. The number and price of the required additional modules is specified on the homepage of the provider (Hexazn).
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(14) The provider (Hexazn) reserves the right to adjust the
price for housing accordingly to an increase of rental; –
additional and electricity-expenses, under the following
conditions:
– The customer is informed immediately about
such a change.
– The increase takes place solely in order
to pass the costs mentioned above and without any intention of
enrichment
– The change takes place at the same point of
time the increase takes place
– The customer has a special
cancellation right for bandwidth and housing in the affected
datacenter; He can cancel affected subscriptions within three
months upon receipt of the message informing him about the
change. This special cancellation right is valid during the
mentioned three months-period. If it is not use, the contract
continues under the adjust conditions.
(15) The customer agrees to the fact that the provider (Hexazn) opens the case of the collocated server; and adds a ‘Web Resitter’ to the reset-pin of the mainboard. Using this device; the provider (Hexazn) is able to restart the server of the customer at any time if the customer requests it. Furthermore, the customer is able to reboot the server himself using the aforementioned device if he orders the necessary upgrade. In case the server is return to the customer, the provider (Hexazn) will remove the ‘Web Resitter’ again.
(16) The customer is aware of and agrees to the fact that the provider (Hexazn) publishes ;(Live-) video material and static pictures of his datacenter and that these videos/images; might picture equipment or servers of the customer.
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(17) If the customer is in delay of payment for any
performance between him and the provider (Hexazn); the provider (Hexazn) has the
right to keep the server and/;or equipment of the customer in
his possession until payment is made in full.
(18) The customer grants the provider (Hexazn) a lien on collocated servers and other equipment to back claims; resulting from the contract between the provider (Hexazn) and the customer. The lien only expires once all debt resulting from the contract between the provider (Hexazn); and the customer has been paid and the contract has end. Starting with the inception of treaty; the customer has to inform the provider (Hexazn) immediately should the server not be or cease to be his property; be pledge or assigned. If the customer is entitling to other rights to the collocated server; especially expectant right, he assigns these to the provider (Hexazn) in order to back debts; resulting from the contract between the provider (Hexazn) and the customer.
(19) The lien and the contractual lien can also be asserted for claims resulting from former services or other claims.
(20) If the provider (Hexazn) exercises his lien; it shall suffice to send a written notice to the last known address of the customer. No further notice is required.
(21) Legal liens are unaffected by these terms.
(22) If the customer does not retrieve his server / other equipment within four weeks after the contract has ended; the provider (Hexazn) will stock the items for a fee of € 10 per item and per month.
15 Alteration of contract
The provider (Hexazn) has the right to
change the subject terms of this; contract as long as the
changes are reasonable; taking into account the interests of the
provider (Hexazn). The agreement of the customer shall be given if he
does not dissent within 4 weeks; after receipt of the message
informing him about the change. The provider (Hexazn) is obliging to
inform the customer about the repercussions of not dissenting
within 4 weeks.
16 Final provisions
(1) Amendments or additions to this
contract are only valid if they have been agreeing to in
writing. This also applies to any amendment of this clause
relating to written notification.
(2) All communications by the provider (Hexazn) may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
(3) The customer may only set off claims against the provider (Hexazn) if such claims are established as undisputed or legally binding.
(4) The provider (Hexazn) is authorizing to list the customer as a reference-customer without being oblige to pay a refund.
(5) All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.
(6) If any provision of this agreement is held to be invalid or becomes invalid; or if there are omissions in the agreement that require rectification; the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision; which comes closest to the intention of both parties as would have been agree; by the parties had they knowledge of such issues in advance.