Article 1. Definitions
1. Account: the online environment that is made available to the Client by Qago Hosting, for the purpose of requesting, managing and configuring the Services.
2. General Terms and Conditions: the present document.
3. Equipment: all equipment, such as computer systems and servers, which may or may not be made available by Qago Hosting and which are used in the performance of the Agreement.
4. Processor Agreement: any processor agreement as agreed between Qago Hosting and the Client that relates to the Agreement.
5. Consumer: a natural person who does not act in the course of a profession or business, as referred to in Section 6:193a of the Dutch Civil Code.
6. Data Traffic: all network traffic generated when using the Services, whereby the incoming and outgoing traffic is added together.
7. Services: the services that Qago Hosting provides to the Client under the Agreement, which may in any case include (1) Hosting, (2) registration of domain names, (4) (server) maintenance, (5) support, (6) email services and (7) backup services.
8. Hosting: the storage and/or transfer of material supplied by the Client to third parties, such as web hosting, VPS or e-mail services.
9. Qago Hosting: Qago Hosting B.V. established in London and registered with the Chamber of Commerce file number 13076206.
10. Office hours: the time from 9:00 AM to 5:00 PM on Monday through Friday, with the exception of official Dutch holidays.
11. Client: the natural or legal person who has concluded an Agreement with Qago Hosting or to whom Qago Hosting has made a quotation
12. Agreement: the agreement between Qago Hosting and the Client under which Qago Hosting will provide the Services.
13. Service Level Agreement: any service level agreement as agreed between Qago Hosting and the Client that relates to the Agreement.
14. Website: www.qago.nl or subdomains and other extensions.
Article 2. Electronic order, offer and acceptance
1. The Agreement between Qago Hosting and the Client is established when the Client places an electronic order via the Website or via his Account. The amount that will be due is stated on the Website and the description of the Services stated on the Website is binding.
2. In addition to the procedure described in article 2.1, Qago Hosting can draw up a quote for customized processes (for example when purchasing dedicated servers) in which it indicates what is included in the Services and what amount will be owed for this. The quote can be requested by e-mail or by telephone.
3. A quotation is without obligation and valid up to 30 days after it has been sent by Qago Hosting, unless stated otherwise in the quotation. If the acceptance by the Client (whether or not on minor points) deviates from the quotation of Qago Hosting, then Qago Hosting is not bound by it, unless Qago Hosting indicates otherwise in writing.
4. The Client guarantees that information and materials provided to Qago Hosting are correct, complete and current. If it appears that the information and materials provided are incorrect, Qago Hosting has the right to adjust the prices accordingly or to terminate the Agreement. Providing incorrect or incomplete information and materials may affect the (expected) delivery time of the Services.
5. Contrary to article 2.4, Qago Hosting does not have the right to adjust the prices within 3 months after the conclusion of the Agreement if the Client acts in the capacity of Consumer. In that case, however, the right to terminate the Agreement referred to in Article 2.4 shall apply in full.
6. Provisions or conditions set by the Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for Qago Hosting if and insofar as they have been expressly accepted in writing by Qago Hosting
7. Delivery terms specified by Qago Hosting are always indicative, unless it is expressly stated in writing that it concerns a deadline. Qago Hosting is only in default, even with an agreed deadline, after the Client has given him written notice of default.
8. Qago Hosting has the right to refuse a Client at its own discretion without stating reasons.
9. In the event of a conflict of provisions in the Agreement, these General Terms and Conditions or other applicable documents, the following order of precedence applies (from highest to lowest):
o the Agreement;
o any Processor Agreement concluded;
o any Dossier Arrangements and Procedures (DAP);
o any Service Level Agreement concluded;
o these Terms and Conditions.
Article 3. Performance of the Services
1. After the Agreement has been concluded, Qago Hosting will provide the Services in accordance with the Agreement as soon as possible.
2. Qago Hosting will perform the Services to the best of its ability, with due care and craftsmanship.
3. If and insofar as required for the proper performance of the Services, Qago Hosting has the right to have certain activities performed by third parties.
4. The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the Services. In particular, the Client shall ensure that all data, which Qago Hosting indicates are necessary or which the Client should reasonably understand to be necessary for the performance of the Services, are provided to Qago Hosting in a timely manner.
5. Qago Hosting has the right to (temporarily) put the Services out of use and/or to limit the use thereof, or not to deliver or only to a limited extent, if the Client does not or does not fulfill an obligation towards Qago Hosting with regard to the Agreement. - complies in a timely manner or acts contrary to these General Terms and Conditions.
Article 4. Account
1. If necessary for the management, configuration or use of the Services, Qago Hosting will provide Client with an administrative username and password. With these login details, the Client has access to the Account.
2. The Account is personal. The Client may not share the login details with third parties and must keep the password for the Account strictly confidential.
3. Any action that takes place through the Client's Account is deemed to take place under the responsibility and risk of the Client. In the event of a suspicion of abuse of the Account, the Client must report this to Qago Hosting as soon as possible so that it can take measures.
Article 5. Additional work
1. 5.1. If, due to circumstances unknown at the time of the conclusion of the Agreement, Qago Hosting has to perform more work than agreed, or has to perform work under circumstances more difficult than it was or should have been aware of when the Agreement was entered into, Qago is Hosting is entitled to charge the resulting additional costs.
2. Qago Hosting will inform the Client as soon as possible and where possible in advance about the extra costs for the additional work referred to in Article 5.1. If the Client cannot agree with the additional costs involved, he has the right to cancel the part of the additional work that has not yet been performed, but without the right to a refund or remission of the costs of additional work already performed. Additional work does not give the Client the right to terminate the original Agreement.
3. Article 5.2 does not apply if the Client acts in the capacity of Consumer. In that case, Qago Hosting will always announce the additional work and the associated costs to the Client in advance. The additional work will only be performed after acceptance by the Client.
Article 6. Prices
1. All prices are in euros and exclusive of turnover tax (VAT) and any other government-imposed levies, unless indicated otherwise.
2. If the Agreement is a continuing performance agreement, Qago Hosting has the right to increase the prices charged at any time. Qago Hosting will inform the Client of price changes at least 2 months in advance via the Website and by e-mail. In the event of a price increase, the Client has the right to terminate the Agreement on the date on which the increased rates come into effect.
3. Qago Hosting can annually increase the prices with a maximum of 5% (index), without the possibility for the Client to cancel the Agreement.
4. Qago Hosting can adjust the prices to changed rates of suppliers that are passed on to the Client on a pro rata basis. In that case, the Client does not have the option to terminate the Agreement.
If the Client acts in the capacity of Consumer, the Client has the right to dissolve the Agreement if the prices are changed within 3 months after the Agreement has been concluded.
Article 7. Hosting and related services
1. If the Services (also) relate to Hosting, the provisions of this article apply.
2. The Client will not store or distribute material via Qago Hosting that is in violation of Dutch law or that infringes any right of third parties (such as intellectual property rights). In addition, it is expressly prohibited to store or distribute any material, whether lawful:
o that is libelous, threatening, insulting, racist or discriminatory;
o that violates the privacy of third parties;
o contains references (such as hyperlinks and torrents) to information that conflicts with what is described in this article.
3. If Qago Hosting finds that the Client violates the conditions from article 7.2, or receives a complaint about this, Qago Hosting can take all measures it deems necessary to end the violation. Qago Hosting is not liable for damage that may arise as a result.
4. Qago Hosting uses a complaints procedure with which third parties can submit a complaint if, in their opinion, there is a violation of article 7.2 or their rights are being infringed.
5. Qago Hosting may provide the name, address and other identifying information of the Client to a third party who complains that the Client infringes its rights, provided that the correctness of the complaint is sufficiently plausible, there is no other way to access this information. and the third party has a clear interest in providing the data.
6. Qago Hosting may at all times report established or suspected criminal offenses and will cooperate with authorized orders from courts or government authorities.
7. 7.7. In the event of repeated complaints about the Client as referred to in Article 7.3, Qago Hosting is entitled to terminate the Agreement.
8. Client indemnifies Qago Hosting against all claims and damage related to a violation of the conditions as laid down in this article. The aforementioned indemnification does not apply if the Client acts in the capacity of Consumer. Nevertheless, in that case the Client itself is liable for all damage that it causes.
9. The Client shall refrain from hindering other customers of Qago Hosting or internet users or from causing damage to the servers of Qago Hosting or third parties. The Client is prohibited from starting up processes or programs, whether or not via Qago Hosting's servers, of which the Client knows or can reasonably suspect that this will hinder or cause damage to Qago Hosting, other clients or internet users (such as malware or other harmful software). Qago Hosting will inform the Client of any measures and any damage will be recovered from the Client.
10. The Client will adhere to the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future amendments thereof.
11. The Client hereby grants Qago Hosting an unlimited license to distribute, store, transmit or copy all materials distributed by the Client via the systems of Qago Hosting in any manner deemed appropriate by Qago Hosting, but only to the extent that this is reasonably is necessary for the fulfillment of the Agreement.
12. If the Client purchases an SSL certificate from Qago Hosting, the Client declares that it is familiar with the conditions of the certification service provider (the party that issues the certificates). Qago Hosting is not responsible for proper verification of the identity of the certificate holder. Qago Hosting also does not guarantee the security level of the SSL certificate. This depends on the purpose for which the SSL certificate is used.
Article 8. Reselling
1. If the Agreement (also) relates to Reselling, the provisions of this article also apply.
2. At Reselling, the client acts in its own name and at its own expense and risk. The Client is expressly not entitled to conclude agreements for or on behalf of Qago Hosting or to create the impression that he is an agent or representative of Qago Hosting.
3. The Client must impose at least the same obligations on its customers as Qago Hosting imposes on the Client with regard to the Services made available. Qago Hosting may require the Client to submit proof of this.
5. Non-payment or late payment of Client's customers does not release Client from its payment obligations towards Qago Hosting.
6. The Client guarantees that its customers comply with the obligations under these General Terms and Conditions and any other applicable documents. In the event of non-compliance, the Client itself is liable towards Qago Hosting as if it had caused the damage itself.
7. Client is not entitled to use any trade name, brand name, logos or signs of Qago Hosting in promotional or commercial communication with the aim of making use of the goodwill or good name of Qago Hosting for customer acquisition by Client. The Client may, however, communicate in a businesslike manner that it uses product(s) or service(s) of Qago Hosting.
8. In the event of termination of the Agreement due to default on the part of the Client, Qago Hosting acquires the right to approach clients of the Client, make an offer and take over the clients of the Client.
Article 9. Backup
1. If the Services (also) relate to making backups, the provisions of this article also apply.
2. Qago Hosting will make regular backups of the files and data stored by the Client via the Services. Further agreements (including on the frequency and retention period of backups) can be included in the Agreement or the Service Level Agreement.
3. The Client has the option to restore backups via his Account. Additional costs may be charged for support in restoring a backup by Qago Hosting in accordance with article 13.3.
Article 10. Data traffic and storage
1. Qago Hosting can set a maximum on the amount of data traffic and/or storage space that the Client may or can actually use in the context of the Services. Data traffic cannot be transferred to a following month and/or to other Equipment, unless otherwise agreed in writing.
2. If the limits referred to in Article 10.1 are almost reached, the Client will be informed about this via his Account and/or by e-mail. In that case, the Client has the option to upgrade the Services purchased to a package with more Data traffic and/or storage space.
3. If Client does not upgrade the package, Qago Hosting can block the Services when the limits are reached. No liability exists for the consequences of inability to send, receive, store or change data if an agreed limit is reached.
Article 11. Availability of the Services
1. Qago Hosting will make every effort to realize uninterrupted availability of the Services, but offers no guarantees unless stated otherwise in the Agreement or in any Service Level Agreement.
2. Qago Hosting will make every effort to keep the software it uses up-to-date. However, Qago Hosting is dependent on its supplier(s). Qago Hosting is entitled not to install certain updates or patches if, in its opinion, this does not benefit the correct delivery of the Services.
3. Qago Hosting will make every effort to ensure that the Client can use the networks that are directly or indirectly connected to the network of Qago Hosting. However, Qago Hosting cannot guarantee uninterrupted availability of these (third-party) networks.
4. Qago Hosting does not make any backups (back-ups) available to the Client, unless the Client has agreed the aforementioned with Qago Hosting in writing. It is therefore the Client's responsibility to make backup copies of the data stored at Qago Hosting.
5. If, in the opinion of Qago Hosting, a danger arises for the functioning of the computer systems or the network of Qago Hosting or third parties, in particular due to excessive sending of e-mail or other data, poorly secured systems or activities of malware and similar malicious software, Qago Hosting is entitled to take all measures it deems reasonably necessary to avert or prevent this danger. Qago Hosting may recover the costs that are reasonably necessary associated with these measures from the Client, if the danger is caused by or is specifically aimed at the Client's systems.
Article 12. Domain names and IP addresses
1. If the Services (also) relate to Qago Hosting's mediation for the Client in obtaining a domain name, the provisions of this article also apply.
2. The application, allocation and possible use of a domain name depend on and are subject to the applicable rules and procedures of the relevant registration authorities, such as the Stichting Internet Domeinregistratie Nederland (SIDN). The relevant authority decides on the allocation of a domain name. Qago Hosting only fulfills a mediating role in the application and does not guarantee that an application will be honored.
3. Additional (general) conditions of the issuing authority may apply to the use of the domain name. The Client is responsible for compliance with such conditions.
4. The Client can only learn the fact of registration from the electronic confirmation from Qago Hosting, which states that the domain name requested has been registered. An invoice for registration fees is not confirmation of registration.
5. The Client indemnifies and holds Qago Hosting harmless for all damage related to (the use of) a domain name on behalf of or by the Client. The aforementioned indemnification does not apply if the Client acts in the capacity of Consumer. Nevertheless, in that case the Client itself is liable for all damage that it causes.
6. Qago Hosting is not liable for the loss by the Client of its right(s) to a domain name or for the fact that the domain name is applied for and/or obtained by a third party in the interim, unless the loss is attributable to Qago Hosting. to blame.
7. If Qago Hosting registers a domain name in its name for the benefit of the Client, Qago Hosting will cooperate with requests from the Client for relocation, transfer or cancellation of this domain name.
8. The Client must conform to the rules set by the registration authorities for the application, allocation or use of a domain name.
9. Qago Hosting has the right to make the domain name inaccessible or unusable, or to place it in its own name (or have it placed) if the Client demonstrably fails to comply with the Agreement, but only for the duration that the Client is in default. and only after a reasonable period of time for fulfillment has been stated in a written notice of default.
10. In the event of termination of the Agreement due to default by the Client, Qago Hosting is entitled to cancel the domain name with due observance of a notice period of 1 month.
11. The IP addresses made available to the Client remain under the management of Qago Hosting and cannot be included in the event of a move/cancellation of the Client. In addition, multiple Qago Hosting customers can operate under the same IP address.
12. Qago Hosting has the right at all times to change the IP address or to assign another address to the Client
Article 13. Support
1. Qago Hosting will provide a reasonable level of frontline support to Client regarding (1) practical and administrative questions, and (2) simple technical questions about the Services.
2. The support as described in article 13.1 is offered via a helpdesk that can be reached by telephone and e-mail during Office Hours. In addition, help desk requests can be submitted through Qago Hosting's online ticket system. Current contact details of the helpdesk are listed on the Website.
3. Qago Hosting may charge additional costs for requests and activities that do not fall under Article 13.1. Such support will be charged to the Client on the basis of subsequent calculation at the hourly rate that applies at the time of the work. The costs are calculated per hour, rounded up to the nearest whole hour.
4. If the parties have not concluded a Service Level Agreement, Qago Hosting cannot give any guarantees with regard to response times and recovery times
Article 14. Intellectual property rights
1. All intellectual property rights to all materials, software, analyses, designs, documentation, advice, reports, quotations, as well as preparatory material thereof, developed or made available under the Agreement, are vested in Qago Hosting or its licensors.
2. The Client only acquires the rights of use and powers that arise from the purport of the Agreement or that are granted in writing. For the rest, the Client will not reproduce or make public the software or other materials.
3. The Client is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the materials, including indications regarding the confidential nature and secrecy of the materials.
4. Qago Hosting is allowed to take technical measures to protect the materials. If Qago Hosting has secured the materials by means of technical protection, the Client is not allowed to remove or evade this protection.
5. Any use, duplication or disclosure of the materials outside the scope of the Agreement or any rights of use granted is considered a copyright infringement.
6. The Client will pay an immediately due and payable fine of 10,000 euros, which is not subject to judicial mitigation, per case of violation of Article 14, without prejudice to Qago Hosting's right to receive compensation for damage or to take other legal measures in order to have the violation terminated. . The foregoing does not apply if the Client acts in the capacity of Consumer.
Article 15. Privacy and data protection
1. If Qago Hosting processes personal data on behalf of the Client during the execution of the Agreement, the parties will conclude a Processor Agreement in which agreements about the processing and security of this personal data are recorded.
2. The Client guarantees that any provision of (personal) data by the Client to Qago Hosting is lawful and that the processing of this data in accordance with the Agreement does not conflict with any applicable privacy laws and regulations.
Article 16. Liability
1. The liability of Qago Hosting for damage as a result of a shortcoming in the fulfillment of the Agreement, an unlawful act or otherwise, expressly including any shortcoming in the fulfillment of a guarantee obligation agreed with the Client, is per event or series of related events limited to the sum of the amounts that the Customer has paid under the Agreement during 12 months prior to the occurrence of the damage (excluding VAT). Under no circumstances shall the liability of Qago Hosting exceed EUR 1,000.
2. Qago Hosting is expressly not liable for consequential damage, lost profit, fines from regulators, missed savings, loss of (company) data and damage due to business interruption.
3. Any exclusion or limitation of liability agreed in these General Terms and Conditions or elsewhere does not apply to damage resulting from intent or willful recklessness on the part of Qago Hosting's management.
4. A condition for the existence of any right to compensation is that the Client reports the damage in writing to Qago Hosting within 1 year after discovery.
5. The Client indemnifies Qago Hosting against claims from third parties to whom the Services (whether or not with the intervention of Qago Hosting) are made available by the Client. The aforementioned indemnification does not apply if the Client acts in the capacity of Consumer. Nevertheless, in that case, the Client itself is liable for all damage that it causes
Article 17. Failures and Force Majeure
1. Qago Hosting has the right to disable the Services and the Website in whole or in part for the purpose of maintenance, adjustment or improvement. Qago Hosting will try to have such a shutdown take place outside Office hours as much as possible and will make every effort to inform the Client in good time of the planned shutdown. However, Qago Hosting is never liable for damage in connection with such decommissioning
2. Qago Hosting has the right to make changes to the Services and the Website from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, Qago Hosting will make every effort to inform the Client. In the case of adjustments that are relevant for several clients, it is not possible to waive a specific adjustment for the Client alone. Qago Hosting is not obliged to pay any compensation for damage caused by adjustments.
3. Qago Hosting will make every effort to inform the Client about the nature and expected duration of the interruption in the event of the Services being unavailable due to malfunctions, maintenance or other causes.
4. In the event of force majeure, which in any case includes disruptions or failures of the internet, the telecommunications infrastructure, synflood, network attacks, (D)DoS attacks, power failures, internal disturbances, mobilization, war, strike, lock-out, business interruption, stagnation in supply, fire, flood, import and export obstacles and the event that Qago Hosting is not enabled to deliver by its own suppliers, regardless of the reason for this, as a result of which compliance with the Agreement cannot reasonably be expected from Qago Hosting may be required, the performance of the Agreement will be suspended. Qago Hosting is never liable for damage resulting from force majeure.
5. If a force majeure situation has lasted longer than 90 days, both parties have the right to terminate the Agreement, without this creating any obligation to pay compensation.
6. The provisions of Article 17 do not apply if the Client acts in the capacity of Consumer. In such a case, however, the legal provisions regarding force majeure apply in full.
Article 18. Duration and Termination
1. If the Agreement is a continuing performance contract, the Agreement is deemed to have been entered into for the period specified during the ordering process or in the quotation. Unless expressly stated otherwise, in the absence of written cancellation or cancellation via the Account, the Agreement will always be tacitly extended for the same period.
2. Unless expressly agreed otherwise in writing, the Agreement can be terminated towards the end of the term with due observance of a notice period of 1 month.
3. If the Client acts in the capacity of a Consumer, the Client has the right, without stating reasons, to dissolve the Agreement within 14 days after the conclusion, unless Qago Hosting has already started the execution within this period with the consent of the Client. of the Agreement. Domain names are excluded from this cooling-off period, because a domain name is registered on the basis of the Client's specifications or is personal in nature (see article 7:46d of the Dutch Civil Code).
4. If the Client fails to fulfill any obligation resting on it from the Agreement, Qago Hosting has the right to terminate all Agreements concluded with the Client without a notice of default or judicial intervention being required and without prejudice to Qago Hosting's right to compensation for damage, lost profit and interest.
5. Either party may terminate the Agreement in writing with immediate effect, without notice of default being required, if (1) the other party is declared bankrupt, (2) the other party is granted a moratorium, or ( 3) the other party goes into liquidation or is dissolved.
6. Qago Hosting may also suspend or terminate the Agreement in writing with immediate effect if the Debt Rescheduling of Natural Persons Act turns out to be or becomes applicable to the Client.
7. If the Agreement is dissolved, the Client will continue to owe the amounts already invoiced and there will be no obligations to cancel. The Client can only dissolve the part of the Agreement that has not yet been performed by Qago Hosting.
Article 19. Payment Terms
1. Qago Hosting will send an invoice to the Client for the amount owed by the Client. The payment term of this invoice is 14 days, unless stated otherwise on the invoice or otherwise agreed in the Agreement. Client agrees to electronic invoicing by Qago Hosting.
2. Qago Hosting may require certain Services to be paid by direct debit. Client must authorize Qago Hosting for this. If the Client cannot comply with this, Qago Hosting is entitled to charge additional costs for this.
3. If the direct debit is not successful, this will be communicated to the Client and Qago Hosting has the right to charge an amount of 25 euros in administration costs to the Client, unless the Client acts in the capacity of Consumer.
4. If the Client does not pay within the payment term, the Client is legally in default without notice of default being required. If an amount due is not paid within the payment term, the statutory interest will be owed on the outstanding invoice amount without further notice of default by Qago Hosting.
5. Contrary to Article 19.4, if the Client acts in the capacity of a Consumer, the Client will only be in default after a payment reminder has been sent to it, in which the Client is offered a period of 14 days to still pay the amount owed. If payment is not made within the term as stated in the payment reminder, the Client is obliged to reimburse the statutory collection costs as included in the Decree on compensation for extrajudicial collection costs.
6. In the event of late payment, in addition to the amount owed and the interest due thereon, the Client is obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, jurists, bailiffs and collection agencies, unless the Client acts in the capacity of Consumer.
7. The claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a moratorium or if assets of the Client are seized in full, if the Client dies and furthermore, if it goes into liquidation or is dissolved.
Article 20. Confidentiality
1. The parties will treat information that they provide to each other before, during or after the performance of the Agreement confidentially if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended to be confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the Agreement.
2. Qago Hosting will not take cognizance of data that the Client stores and/or distributes via the Equipment and the network of Qago Hosting, unless this is necessary for the proper execution of the Agreement or Qago Hosting is obliged to do so by virtue of a legal provision or judicial command. In that case, Qago Hosting will make every effort to limit the knowledge as much as possible, insofar as this is within its power.
Article 21. Changes
1. After acceptance, the Agreement may only be amended by mutual written consent. However, Qago Hosting reserves the right to change or supplement these Terms and Conditions.
2. Amendments to these General Terms and Conditions also apply to Agreements already concluded. Qago Hosting will announce changes or additions to the Client by e-mail at least 30 days before they come into effect.
3. If the Client does not wish to accept the amended General Terms and Conditions, the Client may object within 14 days, stating reasons. Qago Hosting will then reconsider whether it still wishes to implement the change.
4. If Qago Hosting decides to implement the change after reconsideration, the Client can terminate the Agreement in writing or via the Account until the date on which the new terms and conditions take effect. Use of the Services after this date constitutes acceptance.
5. Changes of minor importance and changes due to new or changed legislation can be implemented by Qago Hosting at any time. In that case, the Client does not have the right to cancel the Agreement.
Article 22. Final provisions
1. This Agreement is governed by Dutch law.
2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of this Agreement will be submitted to the competent Dutch court in Utrecht.
3. If any provision of these General Terms and Conditions or the Agreement proves to be invalid, this will not affect the validity of the entire General Terms and Conditions or the Agreement. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original General Terms and Conditions and Agreement as much as legally possible.
4. Insofar as the Client does not act in the capacity of Consumer, the version of any communication received or stored by Qago Hosting, measurements taken (for example, data traffic, but not limited to this) and monitoring by Qago Hosting are considered authentic, unless proof to the contrary is provided. by Client.
5. The parties will inform each other immediately in writing of any changes in name, postal address, e-mail address, telephone number and, insofar as relevant, their bank account number.
6. The Client is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior written consent of Qago Hosting. Unless Client acts in the capacity of Consumer, Qago Hosting may do so without Client's permission.
Last change date: 18-02-2021