GENERAL TERMS AND CONDITIONS
1. THE SCOPE OF THE AGREEMENT
These general terms and conditions apply to all offers, quotations and agreements and all subsequent deliveries and services of any nature between Level27 and the client.
Upon concluding an agreement with Level27, the client expressly agrees with these general terms and conditions and, where applicable, with the special conditions included in the quote, on the order form or in the agreement.
Parties may deviate from these general terms and conditions in mutual written agreement. Any changes will take effect the month following the written acceptance by both parties, unless agreed otherwise.
Level27 reserves the right to amend its terms and conditions during the agreement period. In this case, Level27 is required to publicly announce the amended terms on its website at least thirty days before they take effect. Level27 will notify the client by email of any changes to the general terms and conditions, along with the date on which these new conditions will enter into effect.
Barring any objections within eight business days of receiving the notification, the client must agree to these amended terms and conditions. If the client does not agree to the amended terms and conditions, the agreement between the two parties will be terminated three months after the date on which the new conditions take effect.
The client's purchasing conditions are expressly excluded.
2. QUOTES AND PRICES
All quotes and prices issued by Level27 are obligation-free and valid for a period of thirty days, unless stated otherwise by Level27 in writing or by email.
3. WEB HOSTING
3.1. OBJECT OF THE AGREEMENT
Level27 shall host the client's website on a computer installation made available to the company. Web hosting does not include designing or maintaining the web pages. This remains the responsibility of the client, unless agreed otherwise.
3.2. CONCLUSION OF THE WEB HOSTING AGREEMENT
A web hosting agreement is considered binding if the cumulative conditions listed below are met:
- The application form has been completed and sent by email to Level27;
- The client has agreed to these general terms and conditions when the form was submitted;
- Level27 has confirmed the agreement;
- The client has paid the annual subscription fee to Level27.
Once these conditions are met, the client will receive a personal username and password with which they can access the system location provided by Level27.
3.3. DURATION AND TERMINATION
Unless determined otherwise, the agreement will be concluded for a duration of twelve months.
The agreement will be automatically renewed for the same period until the client terminates the agreement. The agreement must be terminated in writing at least two months prior to the renewal date.
Both Level27 and the client reserve the right to unilaterally dissolve the agreement in whole or in part without judicial intervention, without prejudice to the right to compensation, if:
- The client fails to fulfil their payment obligation or fails to adhere to Article 3.4., or
- Level27 or the client otherwise defaults on the agreement and fails to rectify this within ten business days from the date of the default notice, or
- Level27 or the client has filed for bankruptcy, is in the process of judicial composition, has obtained suspension of payment or has been brought into liquidation, or
- if Level27 or the client transfers all or part of its business or assets (as security or otherwise).
Should one or more of the aforementioned circumstances arise, the client is obliged to compensate Level27 for all damages and costs incurred, including consequential damage and loss of profit. Level27 will retain ownership of the activities already carried out on behalf of the client.
The client is not entitled to any compensation or refund upon termination of the agreement. In this case, the account will be closed immediately and Level27 will remove all of its files from the system (data, websites, email addresses, email aliases, and mailing lists).
3.4. GENERAL REGULATIONS FOR ACCOUNTS/DOMAINS/DATA TRANSFERS
These regulations must be complied with at all times. The client and all other parties who use the services offered by Level27 must adhere to the following regulations:
- The client may not upload illegal software (warez) to his account or distribute it by email; nor may the client give visitors the opportunity to download illegal software (warez, mp3s, etc.) from their account. Webcams, warez sites and mp3 sites are prohibited, prior written permission notwithstanding; (point 1)
- No additional data may be stored on the server than the space allocated as part of the purchased hosting package; (point 2)
- No additional data traffic may be used across the connection than the data allocated as part of the purchased hosting package; if the data traffic limit is exceeded, Level27 reserves the right to either charge an additional €1 per gigabyte of extra data traffic per month or terminate the agreement with immediate effect; (point 3)
- The username and password are strictly personal and may under no circumstances be shared with third parties who could potentially misuse it; (point 4)
- The client shall act and behave in accordance with what can be expected from a responsible and mindful Internet user and shall adhere to the rules of ‘Netiquette’, the generally accepted rules of conduct on the Internet, as outlined in RFC 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and all future updates or iterations; (point 5)
- The client is not permitted to use the system or the disk space for actions or activities that are in conflict with national and international legislation, the ‘Nettiquette’, the contractual agreement, or these general terms and conditions. This includes but is not limited to the following: (point 6)
- Spam: both direct and indirect; indirect spam is defined as advertising from a website that is directly or indirectly hosted on a Level27 server or by another service provider on behalf of Level27; direct spam is defined as sending unsolicited (bulk) emails through a server hosted by Level27 or another service provider on behalf of Level27; it is also prohibited to send or receive Ddos attacks without the prior written permission of Level27; due in part to the danger of Ddos attacks, it is also prohibited to use or run IRC/chat services without the prior written permission of Level27;
- Infringing on copyrighted works or otherwise acting in violation of the intellectual property rights of third parties;
- Disseminating, disclosing or storing illegal texts, images or sound files, such as those containing child pornography;
- Disseminating or disclosing information that violates generally accepted standards and values, including information that is discriminatory based on appearance, race, religion, gender, sexual preference, culture, ethnicity, or information that may otherwise be deemed offensive;
- Sexual harassment and all other forms of harassment;
- Hacking: entering other computers of computer systems online without permission.
- The client is not permitted to use the system to test programs or scripts; (point 7)
- The client shall refrain from hindering internet users and other Level27 customers and/or damaging the system; (point 8)
- The client shall comply with the first request of Level27 or a third party to remove and/or edit the content described in points 1 and 6 above; (point 9)
- The client is prohibited from running processes or programs (via the system or otherwise) that he or she knows or can reasonably suspect to cause harm to Level27 or Internet users; (point 10)
- The client is only permitted to run processes or programs if there is a direct connection to the system that has been approved by Level27; (point 11)
- The client is prohibited from running processes that he or she knows or can reasonably suspect to cause harm to Level27, to other Internet users or to the system; (point 12)
- The client is prohibited from transferring his or her account or other rights arising from the agreement to third parties, unless Level27 has granted explicit written permission to do so in advance; (point 13)
- Without prejudice to the aforementioned, the client is permitted to have a third party design, build and maintain a website and/or a homepage on their behalf. However, the client remains personally responsible for the use of his or her account and password. (point 14)
3.5. CHANGES TO THE SERVICES PROVIDED
Level27 reserves the right to change the client’s login procedure, account, email addresses and IP addresses at any time, without the client being entitled to any form of compensation. In the event of a change, Level27 will notify the client by email. The changes will be announced on the website well in advance (at least two weeks). This period may be shortened in mutual agreement if this is necessary for the correct and complete functioning of the services and/or products purchased by the client.
3.6. SUSPENSION OF SERVICES
Level27 has the right to remove the client’s website from the system immediately and without prior written notice, if:
- The website layout causes long-term or regular technical problems within the system, or (point 1)
- the website is visited so often, it causes technical problems within the system, or (point 2)
- the client is violating the law, public order or public decency standards on his or her website. In this case, Level27 will send the client a notice of default and, if necessary, exercise its right to dissolve the agreement as per the conditions outlined in Article 3.3. (point 3)
Level27 also reserves the right to temporarily suspend products and services or to limit their use if the client fails to fulfil a contractual obligation to Level27, other than those listed under points 1, 2 and 3 above. In this case, Level27 will send the client a notice of default. If the problem is not remedied within five days, the account will be deactivated.
Level27 reserves the right at all times to temporarily suspend its products and services for maintenance and network purposes. Level27 will notify the client of these activities in advance.
The client is still required to meet all payment obligations during the suspension of services.
3.7. DELIVERY AND DELIVERY TIMES
The hosting account will be activated within 24 hours of Level27 having received the first invoice amount. This delivery period is indicative and not binding, unless agreed otherwise.
3.8. LIABILITY OF LEVEL27 FOR WEB HOSTING
The commitments of Level27 are best efforts.
The client undertakes to communicate all useful and necessary information to Level27 to ensure the proper execution of the agreement. Under no circumstances shall Level27 be held liable for shortcomings resulting from incorrect or incomplete information provided by the client..
All service complaints must be communicated to Level27 within two business days after the problem was identified. Failure to comply with this term will render any liability of Level27 void.
Level27 shall in no way be held liable for the content of the client’s website or for the malfunctioning of said website due to the actions of the client, third parties or external factors, including but not limited to: interrupted or blocked access to the system or the Internet, unsecured data, actions of other clients or Internet users, login procedures, accounts, email addresses or IP addresses, etc.
Given the large number of human interventions online and the use of local networks and wireless communication, it is worth noting that information obtained or transmitted over the Internet is freely accessible to all. Level27 is not liable for damage of any kind caused by sending confidential or sensitive information over the Internet.
Level27 does not guarantee the security of the client's website or computer system and is therefore not liable for misuse by third parties of any data stored by the client.
Level27 is also not liable for any shortcomings or delays due to force majeure, which is understood to mean an interruption in the phone or cable network, attacks, fire, flooding, or problems caused by the actions of third parties. This list is not intended to be exhaustive.
In the event of liability, Level27's intervention will be limited to the following:
- Level27 is only obliged to provide compensation for direct damage with the exclusion of all indirect damage including but not limited to loss of profit, loss of turnover, consequential damage and any disputes between third parties.
- Level27 can in no way be held liable for the loss of the client’s data. The client is required to store his or her files systematically and to back up all data every 24 hours.
- In the event of an attributable shortcoming, the total compensation granted by Level27 is limited to the value of the omitted performance, as described in the service level agreement.
3.9. LIABILITY OF THE CLIENT
The client indemnifies Level27 of all claims made by third parties with respect to damages incurred due to unlawful or careless use of products and services by the client or an appointed contact.
The client is also liable for all damages suffered by Level27 as a result of a shortcoming attributable to the client when fulfilling the obligations arising from the agreement and these terms and conditions.
4. PRICES, PRICE CHANGES AND PAYMENT METHODS
All prices listed on the website and in advertisements are expressed in euros and are excluding VAT, unless stated otherwise.
The prices may change throughout the duration of the agreement pending an increase or decrease in labour costs and material costs. Level27 will notify the client of any price changes in writing at least two months before the change takes effect. The client is obliged to accept these changes for the duration of the agreement.
Unless agreed otherwise, the service must be paid in advance monthly payments. Each invoice is payable in cash within 14 days of the invoice date.
If the client defaults on a payment within the stipulated period, default interest will be charged by law and without prior notice of default from the due date on the invoice until the payment is made in full. This late payment interest is the statutory commercial interest rate and shall never be lower than 10% per year. A flat-rate compensation will also be charged to the amount of 10% of the outstanding invoice amount, with a minimum of 150 euros, without prejudice to Level27's right to compensation for actual damages incurred, including all collection costs and attorney fees.
Electronic communication between Level27 and the client is just as binding as a written document and shall be accepted by both parties as documentary evidence. The client must provide Level27 with an email address on request.
The nullification of one of the clauses in the agreement between the two parties shall not nullify the agreement as a whole. In this case, the parties shall replace the nullified clause with a legally valid clause with the same effect as the nullified clause.
Belgian law applies to all agreements and commitments entered into by Level27. Exclusive jurisdiction is held by the District Court of Tongeren in the event of a dispute regarding the quotes, agreements or invoices submitted by Level27.