Introduction and Definitions("DutchIS"), ("Us"), ("We"), ("Company"), ("Website"), ("Site") agrees to furnish services to the ("Client"), ("Customer"), ("You"), ("Team Owner") subject to the following ("Terms of Service"), ("Terms"), ("Conditions"), ("Agreement").
1. Your Account1. Account details MUST be correct, accurate and up-to-date, as required by law. We are legally required to cease provision of any services where account details are missing or false.
2. Only one dashboard/billing account is permitted per person. In order to register on our site, you are required to have a valid and unique email address. You may not use, or allow any individual to use, an account that is not in their name. Any person that would like to have client area access should have their own account.
3. When ordering a server, or any other service from DutchIS, you are only renting the server. All services remain the property of DutchIS.
2. Payments1. Some services ordered from DutchIS will not be activated until payment has been received, and verified to not be fraudulent. In most cases, payment verification is automatic, but may require manual review in rare circumstances (when order is held for manual approval).
2. DutchIS cannot guarantee that all promotions and promo codes will remain operational at all times.
3. Invoices are generated 14 days before the due date, and should be paid several days before the due date. Services renew on the due date, regardless of the payment date.
4. Failure to make a payment before the due date will result in the service being suspended, and 7 days later terminated.
5. Failure to make a payment within 7 days after an invoice is due, will result in complete termination of that service. Once a service is terminated, it cannot be re-activated, and data cannot be recovered as it has been permanently wiped.
6. Failure to not pay invoice(s) will result in legal action.
7. An overdue payment will have a late fee of 10% added to the invoice, but no lower than 0.25 of the account currency. Late fees help cover additional costs associated with receiving a late payment. 8. An overpayment (more than one payment made for the same invoice) will be automatically credited to your account. We cannot guarantee, or agree to be held liable for the refund of overpayments. For payment disputes, claims and chargebacks, please see: 4. Cancellations & Disputes.
3. Refunds1. If your account is terminated due to a violation of these terms, a refund will not be provided.
2. Refunds cannot be requested without probable cause, and DutchIS has the right to decline a refund at their sole discretion.
3. All services except virtual servers are eligible for a refund, within 48 hours of payment for the service. Only the first payment for the hosting account in question is covered by this guarantee.
4. Refunds are only provided for this service if you experience an issue which cannot be resolved by DutchIS staff.
4. Cancellations & Disputes1. In order to cancel your service, you must issue a cancellation request within our client area/dashboard at https://dutchis.net/dashboard.
2. Some services like our virtual servers will be cancelled(stopped billed) only when they are deleted.
3. We recommend that you contact us before opening a payment dispute. Issues can often be resolved quickly, and a refund can be provided if you have probable cause. Should a dispute be opened, we reserve the right to suspend or terminate your service without warning.
4. Should you open a dispute or initiate a chargeback with your bank, card provider or other financial institution, you acknowledge and agree to pay an 'Administrative Fee' of 200.00 EUR in addition to the original amount of funds which were reclaimed.
5. Service Availability1. We make reasonable efforts to ensure services are available 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, services may be unavailable to you. You recognize and acknowledge that on occasion, an event will occur causing services will be unavailable. We make no representation or warranty that our services will be uninterrupted.
2. Our 99.9% guarantee implies that a customer will be compensated when his/her service is unavailable or interrupted for longer than our 99.9% guarantee(8h 41m 38s per year). The value of the agreed compensation is provided in the form of credits, or additional days or months which are added to a service.
3. DutchIS agrees to be transparent about service availability, and will provide detailed and accurate incident reports in the event of a service failure on request.
6. Usage1. Servers may only be used for the services they were intended and you may not install or use unauthorized third party programs. We do not provide technical assistance, and will not be held responsible, for any third party software uploaded to our services. Unauthorized usage, such as attempting to access or interfere with other clients data, will result in immediate termination of your services without prior warning.
2. You may not purposely bypass any limits or restrictions that your service is provisioned with, such as RAM limits, CPU restrictions, etc. Attempting to modify or bypass any usage restrictions will result in suspension or termination of your service(s).
3. In the event your usage exceeds any limits existing on your service, the process exceeding these limits may be automatically disabled without notice. This may occur due to improper usage, such as a crashed or hanging server process.
4. Your usage must be reasonable and should not place excessive burdens on our hardware or available resources. You may not interfere with the services we provide to other customers. In rare situations, we may place restrictions on your services in the event that your usage interferes with the services provided to other customers (for example, disk space limits).
5. While we offer instant database creation from our game panel, you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by DutchIS, you understand that we reserve the sole right to terminate it if we deem it necessary. Additionally, our MySQL service is not to be used for personal use, this is not limited to but includes the usage of MySQL for private websites, and other non-server uses.
7. Virtual Servers1. Virtual servers are billed monthly. When creating a virtual server we keep track of the creation date and plan price. The same happens when upgrading your virtual server. At the end of every month we calculate your usage and bill you accordingly. Virtual server can be cancelled at any time, but you won't be refunded for the current month.
2. When creating a virtual server you understand that virtual servers are billed afterwards and are not refundable.
3. We strictly prohibit any illegal activity on our services which includes virtual servers and we have a zero-tolerance policy. Violations may result in account suspension or termination, and we may cooperate with authorities. By using our services, you agree to comply with all applicable laws and regulations.
8. Legal Obligations1. DutchIS under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including but not limited to that of unauthorized access to our server systems or any other loss of data.
2. We will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.
3, DutchIS shall not be held liable for any disruption, delay, or disconnection of services for any period of time and is not responsible for any actions taken place in or on our servers themselves.
4. We reserve the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice. The sole role of DutchIS is to provide server infrastructure.
9. Unlimited Factors1. In the best interest of our customers, DutchIS does not put a hard limit on the amount of bandwidth. However, we do expect you to use our services in a fair and reasonable manner. We reserve the right to monitor and manage network traffic to ensure that all of our customers have equal access to our network resources.
2. If we detect any excessive or abusive usage that may degrade our network performance, we may take appropriate actions, including but not limited to, slowing down or suspending the service, account, team, etc in question. By using our services, you agree to abide by our fair use policy and accept any actions we may take to ensure the integrity of our network.
3. All services are still subjected to software limitations and physical hardware limits.
4. DutchIS may take interest in, and disable any services using between or above 100% of the service resources.
5. All game server storage usage is a subject to "fair use."
10. Server Backups1. We do not store any backup of your server unless you make one in one of our control panels.
2. If backups are not available due to an error, DutchIS is not responsible for the loss of any file(s), content, resources, scripts, etc.
11. Support1. Any support requests required for products or services from DutchIS shall be submitted through ticket in the client area/dashboard or in our Discord server. Any other form of contact other than the predetermined ticket system is not guaranteed a proper answer from an official representative and may be ineffective.
Support is only provided through this method due to the ability to log support requests for security purposes.
12. Threats1. Using of DutchIS services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property (online or not) is strictly prohibited.
2. Harassment using DutchIS services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is not allowed and will be punished by law.
3. Harassment of staff is taken seriously, and legal action may be taken following termination of any active service(s).
13. Our Website1. We cannot assure that the site is completely free from exploits. If a user is caught exploiting any area of DutchIS, their account will be permanently terminated.
2. We reserve the right to modify any of the information on the site at any given time.
3. We are not affiliated with Linode, DigitalOcean, Google, Amazon, Microsoft Corporation or Serverius B.V. or any other company unless specified.
4. Any trademarks and copyrights remain properties of their respective owners.
14. Teams1. As a team owner, you are responsible for your team's actions and any violations of our terms of service. We expect all team members to follow our policies, and if any violations occur, we may suspend or terminate your and/or the entire team. Ensure that all team members are aware of our terms of service and understand their responsibilities.
15. Confidentiality1. Without prejudice to the powers granted to the Client in the Agreement and Terms & Conditions, both parties will keep any confidential information confidential, whether in writing or orally communicated.
Except for prior written consent of the other party, both parties will not make the information and data carriers outside the framework of the Agreement and/or Terms insofar as this is permitted and required to perform the agreed services. 2. The parties will guarantee that their staff and any third parties will commit in writing to comply with these confidentiality provisions.
3. Client will not make public and/or hand over communication with DutchIS to third parties and/or allow them to view these. This will include made calls, e-mail exchanges, support tickets, quotations, (IM) conversations with similar articles.
4. None of both parties will report details of the Agreement and/or Terms & Conditions party in publications or commercial expressions without written permission of the other party.
15. Right of withdrawal(Herroepingsrecht)1. Some countries have a legal period in which the customer can terminate their product/service without giving any reason. Due to the nature of our services, we cannot offer the right of withdrawal(Herroepingsrecht). By using our services, you agree to waive your right of withdrawal(Herroepingsrecht).
16. ContactIf you have any questions, concerns or require help in regards to any of our agreements, please contact our designated legal agent for our company using the below contact details.
Legal Email: firstname.lastname@example.org
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of our services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.