1.1. This agreement is required to obtain and maintain a web hosting service with Business Communication. It acts as protection for both Business Communication and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
2.1. Terms and conditions of the client(s) or any other third party are not binding and not applicable for Business Communication.
3.1. All costs quoted are non non binding except when confirmed in written or via email by Business Communication. For web site development, times and fees may vary due to items such as inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by Business Communication due to unforeseen / unspecified circumstances.
3.2. All quotes made by Business Communication are valid for 14 days, except otherwise stated.
4.1. The agreement starts the moment following conditions are met: the order has been placed online, via e-mail or via regular post by the Client and has been received and accepted by Business Communication. For the reservation / transfer of domain-names the cost for the domain name as well as the first payment term for the hosting, plus all other agreed costs should be payed to Business Communication.
4.2. Both party's are free to prove the existence of an agreement by other means.
4.3. Changes and appendices can only be made in written form.
4.4. Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web hosting accounts provided begin the same day that the order is placed. Therefore, the consumer's right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent. The prices for the registration of domain names can never been refunded after the registration process has been started on the website by the Client.
5.1. The agreement is made for an unlimited period of time with a minimum of 6 months and will automatically be renewed, if not explicitly otherwise agreed during the start of this agreement and with respect to article 5.2, cq there is a reason for Business Communication to end the agreement.
5.2. This agreement will automatically renew for a yearly period (or 1/2 year period if the contract was a 6 months agreement) unless cancelled in writing at least one month prior to the renewal date. Downgrading of the services also have to notified one month prior to the renewal date. Client will receive an invoice via email for hosting charges. Renewal prices are subject to change. Downgrading of the services end renewal of services by client indicates agreement to contract revisions.
5.3. Business Communication can end the agreement immediately if the Client does not comply with his obligations towards Business Communication.
5.4. Business Communication is entitled to end the agreement immediately with a simple notice and without judicial intervention when the Client is in a state of bankruptcy, suspension of payments has been requested or obtained, has stopped to pay or otherwise lost the free management or its financials. The Client is not entitled to any compensation payment in this case.
5.5. Business Communication is also entitled to end the agreement immediately in case the Client uses the Services and
- the Client does not comply with the Acceptable Use Policy of Business Communication;
- the Client improperly uses the Internet
- the Client uses the Internet to spread information that is illegal with national of international law
- the Client spreads information that is considered inappropriate
- the Client spreads information that is not accepted in our AUP.
6.1. Activation of the Web site and/or web space will be executed as fast as possible after reception of your online order form and all digital materials for the production of your site, or at any other agreed moment. An account can only be activated after reception of your payment.
6.2. In case the risk arises of not getting the delivery ready for the delivery date, Business Communication will inform the Client immediately. In case the project is late due to supremacy the delivery date will be extended with supremacy delay time. Excessive delay can be used as a reason to cancel this agreement.
6.3. Request for a domain name reservation can take a few working days depending on the services of the registrar.
7.1. Force majeure in relation to this agreement is to be understood what generally accepted by law and case law.
7.2. Business Communication is not tied to its obligations if the fulfillment of these obligations cannot be executed due to force majeure. In that case the agreement can be terminated immediately.
8.1. It is a violation of the terms of service to include programs, scripts, images on the web space provided through the Business Communication services which consume excessive bandwidth, CPU time (>5%) or storage space. If your site(s) violate this agreement, Business Communication reserves the right to de-activate or terminate your site(s) service. Business Communication will inform the Client in this case and will give the Client maximum 12 hours to remove the parts of the site causing the traffic or to remove the site from the Business Communication Servers to another location. After 12 hours Business Communication has the right to remove the account completely and delete all data form the servers. There is no right for any form of compensation in that case.
9.1. The Client is given access to computer networks connected directly or indirectly to network of Business Communication, its providers and the Internet. Usage of these networks and third party computers connected to these networks implies the acceptance of compliance with all current legal and usage policies. For example, but not limited to anti-spam policy en abuse-policy
9.2. Business Communication is not responsible for providing the legal framework and usage policies of section 9.1
9.3. Customers shall indemnify and hold harmless Business Communication from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against Business Communication and it's agents, customers, officers and employees, that may arise from not complying to the terms in section 9.1
9.4. & 9.5. & 9.6. Any attempt to undermine or cause harm to a server, or customer, or Business Communication is strictly prohibited. This includes, but is not limited to: using programs that disturb the Networks connected to the server; allowing the use of mail services, post scanning, hacking, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination, in urgent cases, even without notice.
10.1. & 10.2 We shall use our reasonable endeavours to make available to you at all times the Server, the Network and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
10.3. The Client will inform Business Communication in case of any service disruption using the online ticket system.
10.4. Business Communication will solve the problem as soon as possible after reception of the Ticket
10.5. Business Communication does not guarantee that the Services are suited for any purpose and gives no other guaranties that those stated in these terms (and in the written and signed agreement.
10.6. The costs for solving an issue / problem is for the account of Business Communication , except when:
· the Client has abused the Services
· the Client has violated the Terms and Conditions or AUP
· the Client has caused the interrupts/issue /problem
11.1. All prices stated on this website are in Euro excluding 21% VAT. Prices in Pounds/Dollars or any other valuta are for informational purposes only.
11.2. Business Communication has the right to change prices of the services at any time. Changes to contracts of existing customers will be communicated 2 months before the price change, cq staring date of the new term , by publication on the Majorwebhosting website. Clients can end the agreement on the date the new prices become active for the Client, cq at the end of the running and paid term (see also 5.2).
12.1 All web hosting accounts are sold on a prepay basis. The full payment for a half or a full year's service is required at the time of placing your order.
12.2. Payment can be made online by credit card, paypal account using the secure payment facilities, or or money transfer using BIC and IBAN. If the customer pays online, then the customer will receive an invoice / VAT receipt by email at the time of purchase. If payment is made by money transfer, then upon receipt of the order and payment, we will send an email invoice / VAT receipt to the customer.
12.3. All prices stated on this website are excluding VAT. Businesses with a valid VAT number in another EU country can be freed from this VAT payment by entering the VAT number at registration. After a validity check all invoices will be generated without VAT.
12.4. All web hosting accounts are for a period of one calendar year or 6 months from the date of ordering or renewal. Fees are charged on an annual/semi-annual pre-pay basis and are non-refundable. Account holders may terminate their accounts simply by not using them or by not renewing them. Failure to use or renew an account is deemed to be a termination of customers choice. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account. A reactivation fee of € 50 will be charged to reactivate any late renewed account.
12.5. Business Communication will send a digital invoice to the Customer for every payment term. The Customer accepts the principle of electronic Invoicing (so called e-billing in PDF-format. The Customer will take provide Business Communication with a valid and correct working e-mail address to accept the electronic invoice. The Customer will be responsible for the reception of the electronic invoice on this mail address.
12.6. & 12.8. If the Client has not paid the Invoice within the 15 days, the third overdue notice will be considered as a notice of default. Legal action will be taken and the invoice will be increased by the legal rate of interest and the of the costs involves in cashing overdue invoices. The rate of interest will be calculated on the total amount and on the duration until full payment of the overdue invoice including all extra costs.
12.7. If the Client considers the invoiced is not correct, he should notify the finance department of Business Comminucation within 14 days after the issuedate of the invoice. Business Communication will than in vestigate the complaint.
12.9. If the payment cannot be cashed or not be received by Business Communication because of the Client Business Communication will automaticaly be increased with the legan rate of interest for the period starting at the due date of the invoice and terminated by the reception of the complete payment.
12.10. If by mistake the Client has been charged a higher amount than what should have been charged, Business Communication will refund the amount as soon as possible after the first notice of the Client. This amount can be increased by the applicable rate of interest
12.11. In case of non payment by the Client, Business Communication will use a third party to cash the debt. The amount charged in that case will be the total of billed costs increased by the applicable rate of interest and for every overdue invoice an overdue fee of:
Invoice Euro: extra overdue fee
< € 150 € 20
€ 150 - € 500 € 30
€ 501 - 1000 € 50
€ 1000+ € 75
13.1. The Client is allowed to use Open Source Software and Freeware on the Servers of Business Communication, as long as this does not infringe with the AUP.
13.2. The Client must respect the copyrights of copyright protected software and other digital information that is placed on the Business Communication Servers. The Client remains responsible for this at all times.
14. 1. Business Communication retains the ownership for all products created and or delivered by Business Communication .
15.1. Business Communication will not be responsible for any loss or damage your business may suffer. Business Communication makes no warranties, expressed or implied, for any services we offer.
15.2. Customers shall indemnify and hold harmless Business Communication from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against Business Communication and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by Business Communication, it's agents, customers, officers or employees.
15.3. Business Communication will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of Business Communication
15.4. Seen the nature of the internet, the many connetions, the wireless connections, local networks and the human factors involves the Client must realise that information sent via the Internet is free accessible. Business Communication cvannot be held liable for information (normal, secret information) sent or received via the Services. Business Communication cannot be held responsible for the abuse of data and information stored.
15.5. Business Communication is responsible for any content or promotional material that has been delivered to Business Communication by the client
15.6. The Client is responsible for all damage that is caused to Business Communication by not using the services correctly following the Terms and Conditions and the AUP.
15.7. Changes in data or structures (of the company ) of the client must be communicated as soon as possible in written form. The client is responsible for all problems and damage related to any non-communication of information.
15.8. Business Communication can never guarantee that your domain name registration application will be successful. If your domain name has expired or is close to the expiration date or if the registrar of your domain name is not Business Communication additional charges may apply to renew the domain name. It is ultimately the customer's responsibility for maintaining their own domain name/s and Businesss Communication can never be held liable for losing ownership of the domain name, or loss of services due to expired domain name(s). We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk
15.9. By submitting any application for a domain name to Business Communication, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name.
16.1. Both party's are not allowed to pass on their obligations or rights for this agreement to others without a written acceptance from both sides.
17.1. If any payment remains overdue or the client has violated the AUP/the Terms and Conditions, Business Communication reserves the right to immediately remove the Client's website from viewing on the Internet and to suspend all other work until payment of all outstanding charges and interest is made, or until the violation of the AUP/T&C have been solved. Such removal or withholding does not relieve the Client of his or her obligation to pay any outstanding charges and interest. If such a suspension is imposed, you will be liable for a "reconnection" charge of €50.
17.2. A reactivation fee of € 50 will be charged to reactivate any account that has been temporarily put offline due to late payment or violation of AUP or Terms & Conditions.
18.1. & 18.2. The Client must complain in written within 8 days after delivery of the services. If the complaint has not been expressed in written before that term, all liability of Business Communication is waived towards this delivery of products and services.
18.3. If the complaint is well-founded the delivered service or product will be ammended, replaced of repayed.
18.4. A complaint does not free the Client of his obligations.
19.1. These Conditions shall be governed by the laws of Belgium and the parties hereby submit to the exclusive jurisdiction of the Belgium. In particular the Handelsrechtbank Oostende shall be the specific court of jurisdiction.
19.2. Both sides (Business Communication and the Client) will do their best effort to settle all possible problems/conflicts between the 2 party's before going to court with the conflict.
19.3. Only Belgian Law is applicable in this agreement between Business Communication and the Client.
19.4. The terms and conditions are posted on the website of Business Communication / Major Web Hosting.net
19.5. Business Communication has the right to ammend these Terms and Conditions and the AUP and consider them take effect on existing. agreements
19.6. Business Communication may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website. The current version will also be in force for existing agreements 30 days after publication on the website.
19.7. If the client does not accept the changes in the Terms and Conditions or the AUP the Client has the right to cancel the agreement starting on the day the new Terms and Conditions or AUP come into force. The Client must confirm this in writing within the first 14 days after the notification of the change of the AUP's or the Terms and Conditions.
19.8. Severability. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.