These Terms of Service are provided by:
Dedifix B.V.
Zaanstraat 6 L
8226 ND Lelystad
The Netherlands
Chamber of Commerce (KvK): 89859952
VAT Number: NL865135460B01
Website: https://dedifix.com
Email: [email protected]
1. Definitions
1.1. Client: the natural or legal entity with whom the agreement to supply products and services from Dedifix B.V. is concluded.
1.2. Services from Dedifix B.V.: Every assignment to be delivered or that has been delivered by the supplier based on the agreement, as well as all materials and results produced that are intended for consumers.
1.3. Agreement: each mutual acceptance (bank transaction/verbal agreement), confirmed in writing or by electronic mail, to supply one or more of the products or services from Dedifix B.V.
2. Relevance
2.1. Unless otherwise mutually agreed between parties in writing, the articles below apply to every offer, order, or agreement from or with Dedifix B.V.
2.2. General terms and conditions from clients and, in particular, third parties are not binding on and do not apply to Dedifix B.V.
2.3. DediFix B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Dutch privacy legislation. Our Privacy Policy forms an integral part of these Terms of Service and is available at https://dedifix.com/legal/privacy-policy.
3. Offer and Acceptance
3.1. All quotations and price indications by or on account of Dedifix B.V. are without obligation, unless specified otherwise by Dedifix B.V. in writing or by electronic mail.
3.2. Offers or quotations made by Dedifix B.V. are valid for 14 days unless specified otherwise.
4. Start of the Agreement
4.1. An agreement becomes effective once an order has been accepted through the DediFix website and payment has been successfully received by DediFix B.V. or one of its authorized payment providers.
4.2. Parties are free to use other methods to demonstrate that the agreement has come into force.
4.3. Additions and amendments to the agreement must only be made in writing or by electronic mail.
5. Duration and Termination
5.1. The agreement is entered into for an undetermined period.
5.2. The agreement may be terminated by either party by providing at least 30 days’ written notice prior to the renewal date. For colocation services, a notice period of 3 months applies.
5.3. Dedifix B.V. may terminate the Agreement with immediate effect if the Client fails to comply with one or more of its obligations under this Agreement, fails to comply adequately or fully, or otherwise acts in violation of this Agreement or these Terms of Service.
5.4. DediFix B.V. is entitled to terminate the Agreement with immediate effect, without prior notice or judicial intervention, if the Client is declared bankrupt, applies for or is granted a suspension of payments, or otherwise loses control over its assets. In such cases, the Client shall not be entitled to any compensation.
5.5. Without prejudice to Article 4, Dedifix B.V. may terminate the Agreement with immediate effect, without prior notice, if the Client:
- Uses the Services for illegal activities;
- Violates applicable local, national or international laws;
- Distributes malware, phishing content or other harmful software;
- Sends spam or engages in abusive network behavior;
- Violates intellectual property rights;
- Uses the Services to facilitate fraud or criminal activities;
- Publishes content that is discriminatory, hateful, threatening or otherwise unlawful;
- Violates DediFix B.V.'s Acceptable Use Policy, available at https://dedifix.com/legal/acceptable-use-policy.
6. Delivery and Delivery Time
6.1. The installation of a server will take place within two (2) business days after the Agreement becomes effective, provided that all required hardware is in stock.
6.2. If Dedifix B.V. reasonably expects that the agreed delivery time cannot be met, the Client will be informed as soon as reasonably possible. In the event of force majeure or circumstances beyond the reasonable control of Dedifix B.V., the delivery period shall be extended accordingly. Significant delays in delivery may constitute grounds for termination of the Agreement, unless such delay is caused by force majeure or circumstances beyond the reasonable control of Dedifix B.V.
7. Force Majeure
7.1. In terms of the agreement, force majeure is understood to mean everything relating to it as understood in terms of law and jurisprudence.
7.2. Dedifix B.V. will not be held to its obligations arising from the agreement if it is not possible to fulfill them as a result of force majeure.
The agreement will then be dissolved.
8. Prices
8.1. All prices specified on this site, as well as any agreed prices, exclude sales tax unless specified otherwise.
8.2. Dedifix B.V. is entitled to change the tariffs. These changes will be made known to the client at least one month before they take effect.
The client will be entitled to terminate the contract on the date on which the change takes effect.
9. Payment Conditions
9.1. The client's obligation to provide payment begins on the day on which the agreement takes effect. The payment relates to the period that begins on the day on which the products and services of Dedifix B.V. are actually made available.
9.2. The remuneration that is due on account of the agreement excludes sales tax and any other taxes that are the result of statutory regulations. The client also owes the remuneration that results from these conditions.
9.3. Depending on the date on which the agreement takes effect, the costs owed will be billed for payment in advance, and must be settled in advance by invoice on a monthly basis. If this is not done, Dedifix B.V. retains the right to halt the service (temporarily). Remuneration for other costs must be settled in advance on a monthly basis. Any reactivation will entail an amount of EUR 119 excluding sales tax.
9.4. Dedifix B.V. shall send the client an invoice for the costs related to the agreement on each payment date.
If the client has not paid on time, this will be communicated to the client and a further payment date will also be specified. If payment is again not made within this deadline, the client will be in default without further notice.
9.5. If the client believes that the invoiced costs are incorrect, the client may raise objections with Dedifix B.V. within two weeks of the date of the invoice. On receipt of the objection, Dedifix B.V. will examine the accuracy of the invoiced amount.
9.6. The client will be in default from the time at which the remuneration that is due has not been settled with Dedifix B.V. due to the fault of the client.
9.7. If due amounts are not received due to the fault of the client, the server for the account will be removed by Dedifix B.V. and/or additional costs will be billed.
9.8. DediFix B.V. may process payments through authorized third-party payment providers, including providers offering cryptocurrency payment services.
10. Intellectual Property Rights
10.1. The client is permitted to download and use the software on the Dedifix B.V. site: this software is not subject to any (intellectual) property rights, or these rights are expressly not exercised (freeware).
10.2. The client must respect the intellectual property rights with regard to protected software and/or other works (including shareware) and shall protect Dedifix B.V. against any claim.
10.3. Dedifix B.V. respects intellectual property including but not limited to trademarks and copyrights. Dedifix B.V. reserves the right to disable access to rented out services if according to an intellectual property rights proprietor a client infringes intellectual property.
11. Retention of Property
11.1. The material produced by Dedifix B.V. is and will remain the property of Dedifix B.V.
11.2. The material installed by the client for colocation services is and will remain the property of the client.
12. Liability
12.1. Dedifix B.V. offers unmanaged services.
The activities of Dedifix B.V. depend on the cooperation, services, and deliveries of third parties, over which Dedifix B.V. has little or no influence. Therefore, Dedifix B.V. shall not be held liable in any way for any loss that results from the relationship with Dedifix B.V. or the severance thereof, irrespective of whether the loss arises or becomes visible during the relationship with Dedifix B.V.
12.2. In the event of a material breach of this Agreement by Dedifix B.V., the liability of Dedifix B.V. shall be limited to compensation equal to the value of the affected Service. Under no circumstances shall DediFix B.V. be liable for indirect, incidental, consequential, special or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data or business interruption.
12.3. The client shall safeguard Dedifix B.V. against all claims for compensation that may be raised by third parties with regard to losses that have been incurred in any way through the wrongful or improper use of products and services supplied to the client by Dedifix B.V.
12.4. Considering the large number of points of interaction involving human input on the Internet, and the use of local networks and wireless communication, it must be remembered that information obtained or sent via the Internet is freely accessible. Dedifix B.V. cannot be held liable for loss in any form, nor for the safeguarding or misuse by third parties of data that is stored.
12.5. Dedifix B.V. is not responsible or liable for the content of promotional material supplied by the client.
12.6. The client is liable for all losses that may be incurred by Dedifix B.V. as a result of a shortcoming on the part of the client in the fulfillment of the obligations arising from the agreement and these conditions.
12.7. The client must notify Dedifix B.V. directly in writing of any changes to the client's details.
Should the client not do so, the client is liable for any loss incurred by Dedifix B.V. as a result of this.
13. Transfer of Rights and Obligations
13.1. Parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without prior written consent from the other party.
14. Decommissioning
14.1. Dedifix B.V. is entitled (temporarily) to decommission delivered products and services and/or to restrict their usage if the client does not fulfill one or more obligations relating to the agreement toward Dedifix B.V., or if he is in conflict with these Terms of Service.
Dedifix B.V. shall notify the client of this in advance, unless it is not reasonable to require this of Dedifix B.V. The obligation to pay the owed amounts will also continue to apply during the decommissioning period.
14.2. Service will be resumed if the client has fulfilled his obligations within a period specified by Dedifix B.V. and has paid a relevant specified amount for resumption of service.
15. Complaints
15.1. The Client must submit any complaint regarding visible defects or deficiencies in writing within eight (8) days after delivery. Failure to do so shall result in the Client waiving any related claims against DediFix B.V.
15.2. Complaints regarding hidden defects must be submitted in writing within eight (8) days after the defect has been discovered or reasonably should have been discovered. Failure to do so shall result in the Client waiving any related claims against DediFix B.V.
15.3. If the complaint is justified, the supplied products or services will be amended, replaced, or reimbursed, after consultation.
15.4. A complaint does not suspend the client's obligations.
16. Changes to the Terms of Service
16.1. Dedifix B.V. reserves the right to amend or supplement these Terms of Service.
16.2. Changes shall also apply to existing Agreements, subject to a notice period of thirty (30) days after written notification of the changes.
17. Settlement of Disputes and Applicable Law
17.1. If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17.2. These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes shall be submitted exclusively to the competent courts of the Netherlands.
18. Network
18.1. No CDN or Streaming Media. Customer shall not be entitled to use the products and services for the purpose of (1) operating a 'Content Delivery Network': and/or (2) 'Streaming Media Services' except with Dedifix's prior written consent, which consent may be granted or withheld at Dedifix's sole discretion. The statements in this article are not applicable on 'Dedifix Unmetered" services.
19. Balance
19.1. The client can deposit balance on the account.
The balance can be used to pay invoices. Balance cannot be withdrawn or refunded.
20. Mining
20.1. The use of Dedifix services for cryptocurrency mining is prohibited unless prior written consent has been obtained from Dedifix B.V.
21. Compliance and Sanctions
21.1. DediFix B.V. complies with all applicable anti-money laundering (AML), counter-terrorist financing (CTF) and international sanctions regulations.
21.2. DediFix B.V. reserves the right to refuse, suspend or terminate services where required by applicable law.
21.3. Services will not be provided to individuals or entities located in jurisdictions subject to applicable sanctions, including Russia and Belarus.
21.4. Dedifix B.V. reserves the right to request identity verification, proof of source of funds, or other information required to comply with applicable AML, KYC and sanctions regulations.
22. Contact Information
DediFix B.V.
Zaanstraat 6 L
8226 ND Lelystad
The Netherlands
KvK: 89859952
VAT: NL865135460B01
Email: [email protected]
Website:
https://dedifix.com
