/ Terms and Conditions - Version 3.0 17-01-2019

logo Dutch Version

  • A service is automatically renewed at the end of the term.
  • A discount rate applies for the first term, with an renewal you pay the normal rate.
  • If your term expires you can cancel it at any point of time, with a 1 month notice period.
  • You can easily cancel at https://www.infinityhost.cloud/clients/clientarea.php?language=english
  • After a succesfull payment, you give InfinityHost the go ahead to deliver the service.
  • If, for privacy reasons, you do not want to pass on real information during your registration, make sure that you actually have access to the email address provided.

Article 1. Definitions

  1. InfinityHost: InfinityHost B.V. established in Alkmaar and registered with the Chamber of Commerce under file number 73994340.
  2. Client: legal person who has entered into an Agreement with InfinityHost or to whom InfinityHost has submitted a quotation for this.
  3. General conditions: the present document.
  4. Service: the specific service that InfinityHost and the Client agree to, as stated in the Agreement or quotation.
  5. Agreement: the agreement between InfinityHost and the Client under which InfinityHost will execute the Service.
  6. Website: www.infinityhost.cloud
  7. Domain name provider: an Issuer or Registrar, which as supplier for InfinityHost supplies domain names under one or more specific domain name extensions for the benefit of the Client.
  8. Issuing authority: organization that is listed as a Sponsoring Organization at IANA with one or more specific extensions and as such is authorized to register domain names with these extensions. For all domain names with the extension (s) assigned to the Issuer, the Issuer manages the central database and zone, by means of which domain names can be used.
  9. Registrar: an organization that has received permission from an Issuer to register or change domain names directly in the central database.
  10. Extension: the suffix of a domain name behind the first dot, such as '.net' in infinityhost.cloud
  11. Domain name holder: the holder of a domain name according to the Issuer.

Article 2. Quotation, offer and acceptance

  1. InfinityHost will draw up an offer in which it indicates what is included with the Service and what amount will be due on acceptance. Only the description of the Service indicated in the offer is binding. It is also possible for the Client to make use of the electronic ordering process on the Website in order to purchase the Service. The website also states what amount will be due and the description of the Service indicated on the Website is also binding.
  2. A quotation is without obligation and valid until 30 days after dispatch by InfinityHost, unless stated otherwise in the quotation.
  3. If it appears that the information provided by the Client is incorrect, InfinityHost has the right to adjust the prices accordingly.
  4. The General Terms and Conditions are applicable to the Agreement at all times, unless explicitly agreed otherwise in writing. In addition to the General Terms and Conditions, additional conditions may apply to specific products and / or services. InfinityHost makes these conditions available before or during the conclusion of the Agreement, in principle by means of a direct hyperlink.
  5. Provisions or conditions set by the Client that deviate from, or do not occur in, these General Terms and Conditions are only binding on InfinityHost if and insofar as these have been explicitly accepted in writing by InfinityHost.
  6. The Agreement runs from the moment at which a notification containing acceptance from InfinityHost is received by the Client.

Article 3. Execution of the Service

  1. After the conclusion of the Agreement, InfinityHost will execute the Service as soon as possible in accordance with the quotation and / or electronic order.
  2. Insofar as not otherwise agreed in writing, InfinityHost guarantees that the Service will be performed to the best of its ability with due care and skill.
  3. If and insofar as required for the proper execution of the Service, InfinityHost has the right to have certain work carried out by third parties. Any related additional costs are at the expense of the Client, unless agreed otherwise.
  4. The Client is obliged to do everything that is reasonably necessary and desirable to enable the timely and correct execution of the Service. In particular, the Client shall ensure that all data, of which InfinityHost indicates that these are necessary or of which the Client should reasonably understand that these are necessary for the execution of the Service, are provided to InfinityHost in a timely manner.
  5. InfinityHost is not permitted to make changes independently to the material supplied by the Client without prior permission from the Client, with the exception of changes that InfinityHost deems necessary for the proper execution of the Service and the physical content of the material. do not change.
  6. If this is part of the Service, InfinityHost will provide the Client with an administrative user name and password. With this data, the Client has access to an administrative account and a management tool with which the Client can manage the delivery of the Service at its own discretion and manage accounts for individual users and set the possibilities and limitations for these individual users of the Service, all this within the limits specified in the Agreement.
  7. Any action that takes place through the administrative account or an account of an individual user is deemed to take place under the responsibility and risk of the Client. InfinityHost can not be held liable for this. In the event of a suspicion of misuse of an account, the Client must report this as soon as possible to InfinityHost so that it can take measures.
  8. Delivery terms stated by InfinityHost are always indicative, unless explicitly stated in writing that it is a deadline. InfinityHost is, even with an agreed deadline, only in default after the Client has given notice of default in writing.
  9. Exceeding agreed delivery times for whatever reason does not give entitlement to compensation, unless otherwise agreed in writing.
  10. InfinityHost has the right to (temporarily) decommission delivered products and services and / or to limit their use, or not to deliver them or only to a limited extent, if the Client does not fulfill an obligation towards InfinityHost in respect of the Agreement.

Article 4. Prices

  1. All prices are exclusive of sales tax (VAT) and other levies imposed by the government, unless stated otherwise. Our customer area automatically applies tax rules valid for your country (EU). EU business owners or customers outside EU are excluded from TAX/VAT. Enter your VAT/TAX ID and our system will automatically exclude taxes/VAT.
  2. All prices on the website, offers, brochures and other documentation of InfinityHost are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
  3. If the Agreement is a continuing performance agreement, InfinityHost is entitled to increase the tariffs applied at any time. InfinityHost will inform the Client of tariff changes at least 2 (two) months in advance via website or e-mail. In the event of a price increase, the Client has the right to terminate the Agreement, with due observance of a notice period of 1 month.
  4. Without the possibility to terminate the Client, being a company, InfinityHost has the right to increase by 4% each year, as agreed with the Client, each year on 1 January.
  5. All costs incurred by InfinityHost from the Agreement shall be borne by the Client, unless agreed otherwise.

Article 5. Hosting and related services

  1. If the Service (partly) extends to services relating to the storage and / or transfer of material supplied by the Client to third parties, such as in the case of web hosting or e-mail services, the provisions of this article also apply.
  2. The Client will not publish or offer information via (the servers of) InfinityHost that is in violation of Swiss law. This includes in particular but not exclusively information that is offered without the permission of the copyright holder (s), information that is libelous, threatening, abusive, racist, hateful or discriminatory, information containing child pornography and information that violates the privacy of third parties or form of stalking, as well as hyperlinks, torrents or other references to such information on third party websites anywhere in the world (even if the information in the relevant jurisdiction would be legal). Spam mailings, DDoS and hacking from or on our servers is prohibited and will result in termination of your service(s).
  3. InfinityHost uses a complaints procedure with which third parties (hereafter: reporting parties) can file a complaint that in their opinion there is such a struggle. If, in the opinion of InfinityHost, a complaint is justified, InfinityHost is entitled to remove the material or make it inaccessible. In that case InfinityHost is also entitled to provide personal data of the Client to a reporter or the competent authorities. InfinityHost will inform the Client about the progress of this procedure.
  4. When it comes to potentially punishable information, InfinityHost is entitled to report this in compliance to Swiss Law. InfinityHost will NOT hand over any relevant information about the Client and the information to the competent authorities and will not carry out all other actions that these bodies request InfinityHost to carry out within the scope of their investigation. InfinityHost will only hand over information about their Client on Court Order.
  5. In the event of repeated (well-founded) complaints about the information offered by the Client, InfinityHost will be entitled to dissolve and / or terminate the Agreement.
  6. The client indemnifies InfinityHost for all damage resulting from the above. InfinityHost is not liable for any damage whatsoever that the Client suffers as a result of InfinityHost's intervention in the context of the complaints procedure, even if the complaint proves to be unjustified and the information does not conflict with Dutch law or Swiss Law.
  7. The Client will refrain from hindering other Clients or internet users or causing damage to the servers. The Client is prohibited from starting up processes or programs, whether or not via the server, of which the Client knows or can reasonably suspect that this hinders InfinityHost, other Clients or Internet users or causes damage. InfinityHost will inform the Client of any measures.
  8. The Client will comply with the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future modifications thereof.
  9. Without the permission of InfinityHost, the Client is not permitted to transfer the username or user names and passwords or passwords provided by InfinityHost to third parties.
  10. InfinityHost can set a maximum for the amount of storage space or data traffic per month that the Client may use in the context of the Service. If this maximum is exceeded, InfinityHost is authorized to charge an additional amount, in accordance with the amounts for extra data traffic that are mentioned on the Website. No liability exists for consequences of inability to send, receive, store or change data if an agreed limit for storage space or data traffic is reached.
  11. The Client hereby grants InfinityHost an unlimited license to distribute, store, transmit or copy all materials disseminated by the Client through the InfinityHost systems, but only in so far as this is reasonably necessary. for the fulfillment of the Agreement by InfinityHost.
  12. In addition to the obligations arising from the law, damage arising from incompetence or failure to act in accordance with the above points will be for the account of the Client.
  13. Article 6. Domains and IP addresses

  1. If the Service is (partly) intended to mediate InfinityHost for the Client in obtaining a domain name and / or IP address, the provisions of this article also apply.
  2. Application, allocation and possibly use of a domain name and / or IP address are dependent on and are subject to the applicable rules and procedures of the relevant domain name suppliers, including Stichting Internet Domeinregistratie Nederland and RIPE. The relevant authority decides on the allocation of a domain name and / or IP address. InfinityHost only plays an intermediary role in the application and does not guarantee that an application will also be honored.
  3. Clients can only learn from the confirmation by e-mail from InfinityHost, stating that the requested domain name has been registered, the fact of registration. An invoice for registration costs is not a confirmation of registration.
  4. The Client indemnifies and holds InfinityHost harmless for all damage related to (the use of) a domain name on behalf of or by the Client.
  5. InfinityHost is not liable for the loss by the Client of his right (s) on a domain name or for the fact that the domain name is applied for and / or obtained by a third party in the interim, except in case of intent or negligence of InfinityHost.
  6. If InfinityHost registers a domain name in its name for the benefit of the Client, InfinityHost will cooperate with requests from the Client for the relocation, transfer or cancellation of this domain name.
  7. Domain name holder and Client are deemed to be the same (legal) person. If the Client and domain name holder are different (legal) persons, then the provisions in this paragraph also apply: (unless the domain name holder is InfinityHost or a local contact person of InfinityHost)

  8. - The Client undertakes to inform the domain name holder about and to conform to Article 6, paragraph 8, which applies to the Client;
    - Client remains responsible for compliance with all other provisions of the Agreement.

  9. The Client must comply with all registration conditions, provisions and (disputes) regulations that Domain name suppliers impose for the application, allocation or use of a domain name and / or the IP address. Client is referred to domain name conditions that belong to the relevant extension, to be read on the site of the registrar (s) concerned The domain name conditions form part of the Agreement.
  10. InfinityHost has the right to make the domain name and / or the IP address inaccessible or unusable, or to place it in its own name (or have it placed) if the Client demonstrably fails to fulfill the Agreement, but only for the duration that the Client is in default and only after a reasonable period of time has been fulfilled in a written notice of default.
  11. In case of dissolution of the Agreement due to breach of contract by the Client, InfinityHost is entitled to cancel the domain name and / or the IP address.
  12. The Client takes note of the privacy statement of InfinityHost (https://www.infinityhost.cloud/cookies-privacy) and agrees to the processing of personal data for domain names as described in the privacy statement.
  13. If at the Client's request data from the WHOIS is protected or hidden, this will not result in InfinityHost being unable to provide (NAW) data to the competent authorities. If InfinityHost has a statutory obligation to provide data to competent authorities, InfinityHost will comply with this obligation at all times.

Article 7. Availability of the Service

  1. InfinityHost will endeavor to realize uninterrupted availability of its systems and networks, and to realize access to data stored by InfinityHost, but offers no guarantees on this unless otherwise agreed in the quotation or the electronic ordering procedure by means of a designated as such. Service Level Agreement (SLA). Insofar as not otherwise stipulated in such an SLA, availability is subject to the provisions in this article.
  2. InfinityHost does not make reserve copies (back-ups) available to the Client in some cases, unless the Client has taken an additional SLA for this. It is therefore the Client's responsibility to make reserve copies of the data stored at InfinityHost.
  3. InfinityHost will endeavor to keep the software used by it up-to-date. InfinityHost is, however, dependent on its supplier (s). InfinityHost is entitled to not install certain updates or patches if this does not, in its opinion, promote the correct delivery of the Service.
  4. InfinityHost will endeavor to ensure that the Client can make use of the networks that are directly or indirectly connected to the InfinityHost network. However, InfinityHost can not guarantee that these networks will be available at any time.
  5. If, in the opinion of InfinityHost, there is a danger to the functioning of the computer systems or the network of InfinityHost or third parties and / or the service via a network, in particular by excessive sending of e-mail or other data, poorly secured systems or activities of viruses, Trojans and similar software, InfinityHost is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger.

Article 8. Liability

  1. The liability of InfinityHost for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfillment by InfinityHost of its obligations under this Agreement, or by an unlawful act of InfinityHost, its employees or third parties engaged by it, is per event or a series of related events limited to an amount equal to the fees payable by the Client under this Agreement per year (excluding VAT). In no case, however, will the total compensation for direct damage amount to more than 1,000 euros (excluding VAT).
  2. Liability of InfinityHost for indirect damage, including consequential damage, loss of profit, missed savings, loss of (business) data and damage due to business interruption, is excluded.
  3. Apart from the cases referred to in article 8, paragraph 1, InfinityHost is not liable for damages, regardless of the grounds on which an action for compensation would be based. However, the maximum amounts referred to in Article 8 paragraph 1 will lapse if and insofar as the damage is the result of intent or negligence of the InfinityHost management staff.
  4. The liability of InfinityHost due to attributable shortcoming in the fulfillment of the Agreement only arises if the Client gives InfinityHost immediate and sound written notice of default, setting a reasonable period for the purification of the shortcoming, and InfinityHost also after that term imputable in the performance of his obligations continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that InfinityHost is able to respond adequately.
  5. InfinityHost is never liable for damage caused by circumstances of force majeure.
  6. A condition for the existence of any right to compensation is always that the Client reports the damage to InfinityHost in writing within 30 days after the occurrence has taken place.
  7. The Client indemnifies InfinityHost against all third-party claims due to liability as a result of a defect in the Service provided by the Client to a third party and which also consisted of goods, materials or results delivered by InfinityHost.

Article 9. Malfunctions and force majeure

  1. InfinityHost has the right to put its systems, including the Website, or parts thereof temporarily out of use for maintenance, modification or improvement thereof. InfinityHost will try to have such a shutdown take place outside of office hours as much as possible and make every effort to inform the Client in good time of the planned shutdown. InfinityHost is never liable for compensation for damage in connection with such a shutdown.
  2. InfinityHost has the right to adjust its systems, including the Website, or parts thereof from time to time in order to improve functionality and to correct errors. If an adjustment leads to a significant change in the functionality, InfinityHost will endeavor to inform the Client accordingly. In the case of adjustments that are relevant to several clients, it is not possible to waive a specific adjustment for the Client alone. InfinityHost is not obliged to pay any compensation for damage caused by such an adjustment.
  3. InfinityHost will endeavor to inform the Client of the nature and the expected duration of the interruption in the event that the Service is unavailable due to faults, maintenance or other causes.
  4. In case of force majeure, which in any case means failures or failure of the internet, the telecommunication infrastructure, synf lead, network attack, DoS or DDoS attacks, power failures, domestic disturbances, mobilization, war, traffic jam, strike, exclusion business disturbances, stagnation in supply, fire, flood, import and export restrictions and in the event that InfinityHost is not enabled by its own suppliers, irrespective of the reason, not to deliver, as a result of which fulfillment of the Agreement can not reasonably be met by InfinityHost. The execution of the Agreement will be suspended, or the Agreement will be terminated when the force majeure situation has lasted longer than ninety days, all without any obligation to pay compensation.

Article 10. Duration and cancellation

  1. If the Service extends to the periodic provision of services during a certain period, the Agreement shall be deemed to have been entered into for the minimum term indicated per service. If this minimum period has expired without a party having made the wish to terminate notice at least one (1) month before the end date of the contract, the contract is automatically extended by the term indicated per service. If the Client is a natural person who does not act in the exercise of a profession or business and the Client has not made the wish to terminate the contract before the expiry of the minimum term, the agreement will be automatically converted to an indefinite period, with a notice period of one month.
  2. If the Client is a natural person who does not act in the exercise of a profession or business, the Client may cancel on each day after tacit renewal. The cancellation will take effect one month after receipt of the cancellation. Under 'one month' notice period is understood at the latest the day with the same number in the following month.
  3. In case of termination or dissolution for whatever reason, InfinityHost is entitled to immediately delete all stored data or make it inaccessible and to cancel all accounts of the Client. InfinityHost is not obliged in that case to provide the Client with a copy of these data.
  4. The Client can give notice of termination via the same channel as through which the Agreement has been entered into. The client may also cancel in writing via https://www.infinityhost.cloud/clients/clientarea.php?language=english. As some channels are susceptible to misuse and identity theft, InfinityHost may take measures in the interest of the Client to limit the risk of such abuse. For security reasons, InfinityHost asks you to log in at https://www.infinityhost.cloud/clients/clientarea.php?language=english and to cancel the service from there.
  5. If the Client is a natural person who does not act in the exercise of a profession or business, the Client has the right to dissolve the Agreement, without stating reasons, within fourteen days after the conclusion, unless InfinityHost already with the consent of the Client within this period. the implementation of the Agreement has already begun. Services that are excluded from the fourteen day reflection period are included, including reason, at: https://www.infinityhost.cloud/nl/herroepingsrecht (applicable on Dutch Citizen only)
  6. If the Client fails to fulfill any of its obligations under the Agreement, InfinityHost shall be entitled to terminate all Agreements concluded with the Client concerned without a notice of default or judicial intervention being required and without prejudice to InfinityHost's right to compensation for damage, lost profit. and interest.

Article 11. Payment conditions

  1. The Client's payment obligation commences at the time the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of products and services from InfinityHost.
  2. InfinityHost will send an invoice to the Client for the amount owed by the Client. The payment term of this invoice is 14 days after the date of the invoice, unless stated otherwise on the invoice or otherwise agreed in the Agreement.
  3. Client agrees to electronic invoicing by InfinityHost.
  4. Contrary to the previous paragraph, InfinityHost is not obliged to send an invoice if the Agreement is a continuing performance agreement. Client will pay InfinityHost monthly or any other agreed term in advance payment of the amount due for that period.
  5. Depending on the term for which the agreement was entered into, the costs owed are charged in advance and must be paid in advance, if not InfinityHost reserves the right to (temporarily) halt the services.
  6. If the Client has not paid on time, this will be communicated to the Client and a further payment term will be determined. If payment is not made within that period, the Client will be in default without further notice of default. InfinityHost will then delete your account and associated data from our servers.
  7. If InfinityHost has to incur additional costs (other than those mentioned above) to collect the amount owed, these will be recovered from the Client.
  8. If the Client is of the opinion that the costs charged are incorrect, the Client may notify InfinityHost of the objections within two weeks of the invoice date. After receiving the objection, InfinityHost will conduct an investigation into the accuracy of the invoice amount.
  9. The claim for payment shall be immediately due in the event that the Client is declared bankrupt, applies for suspension of payment or the total attachment of the Client's assets is made, the Client dies and furthermore, if it goes into liquidation or is dissolved.
  10. In the above cases, InfinityHost also has the right to terminate or suspend performance of the Agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without the right to compensation of damage for the Client that may arise as a result.

Article 12. Intellectual property rights

  1. All intellectual property rights to all materials, software, analyzes, designs, documentation, advice, reports, quotations and preparatory material that are developed or made available within the framework of the Service are held exclusively by InfinityHost or its licensers.
  2. Client only obtains the rights of use and powers arising from the scope of the Agreement or that are granted in writing and otherwise the Client will not multiply or make public the software or other materials.
  3. The Client is not permitted to remove or change any designation concerning copyrights, trademarks, trade names or other intellectual property rights from the materials, including indications concerning the confidential nature and secrecy of the materials.
  4. InfinityHost is permitted to take technical measures to protect the materials. If InfinityHost has secured the materials by means of technical protection, the Client is not permitted to remove or circumvent this protection.

Article 13. confidentiality

  1. The Parties will treat information that they provide to each other before, during or after the performance of the Agreement confidentially when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them to execute the Agreement.
  2. InfinityHost will not take note of data that the Client stores and / or distributes via the systems of InfinityHost, unless this is necessary for the proper execution of the Agreement or InfinityHost is obliged to do so by virtue of a statutory provision or court order. In that case, InfinityHost will endeavor to limit the knowledge of the data as much as possible, as far as this is within its power.

Article 14. Changes to General conditions

  1. InfinityHost reserves the right to change or supplement these conditions.
  2. Changes also apply to agreements that have already been concluded with due observance of a period of 30 days after publication of the change on the InfinityHost website or by electronic communication. Changes of minor importance can be made at any time.
  3. If the Client does not want to accept a change in these terms and conditions, they can terminate the agreement by the date on which the new conditions take effect.

Article 15. Final provisions

  1. Dutch law applies to this agreement. The actual data of InfinityHost is located outside of Europe in the Swiss Confederation and can therefore never be governed by Dutch law. Disputes concerning data will therefore also take place in accordance with Swiss legislation.
  2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of this agreement shall be submitted to the competent Dutch court in Alkmaar.
  3. If any provision of this agreement proves to be invalid, this will not affect the validity of the entire agreement. The parties will in that case replace (a) new provision (s), which as far as legally possible to the intent of the original Agreement and General Conditions is given shape.
  4. Under "in writing", these conditions also include e-mail provided that the identity and integrity of the e-mail is sufficiently established.
  5. All the by InfinityHost received or recorded versions of communication in whatever form, including effected readings, shall be consideren authentic, unless evidence to the contrary provided by client.
  6. The Parties will inform each other immediately of any changes in name, postal address, e-mail address, telephone number and bank or giro number when requested. Client must implement these changes via https://www.infinityhost.cloud/clients/clientarea.php?language=english. If the Client is demonstrably in default and none of the most recently provided contact details are more accessible, InfinityHost has the right to to cancel paid services at the end of the contract period and to cancel unpaid services immediately.
  7. Each Party is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior written consent of the other Party.
  8. The General Terms and Conditions have been drawn up in Dutch and English. The Dutch text is binding on any difference of content or scope.