Kyzoe Hosting is a division of Netpeople.be represented by Carmen Wouters. Hereafter referred to as Kyzoe or Kyzoe Hosting. These terms and conditions apply to every offer or proposal of Kyzoe Hosting regarding Services and are an integral part of every agreement between Kyzoe Hosting and the Customer. Terms or conditions set by the Customer that deviate from, or do not appear in, these General Terms and Conditions will only be binding for Kyzoe Hosting if and to the extent that Kyzoe Hosting has expressly accepted them in writing.
In these terms and conditions the following terms shall have the following meaning:
Kyzoe Hosting: the company Kyzoe Hosting, located in Ostend, Belgium
Kyzoe Hosting Website: the website of Kyzoe Hosting, accessible via the domain Kyzoe.be.
Subscription: the Agreement under which one or more Parties undertakes to perform services continuously or repeatedly for a certain period of time (e.g. a 12-month hosting contract). Domain names are excluded from Subscription.
Account: the right to access a user interface through which the Client can manage and configure (certain aspects of) the Services, as well as the configuration(s) and the files stored for the Client itself.
General Terms and Conditions: the provisions contained in the present document.
Customer: the natural person or legal entity with whom Kyzoe Hosting has entered into an Agreement. Also means the person who is or will be negotiating with Kyzoe Hosting, as well as his representative(s), agent(s), assign(s) and heirs.
Service(s): the products and/or services Kyzoe Hosting will provide to the Customer under an Agreement.
Materials: all works, such as websites and (web) applications, software, corporate identities, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other products of the mind, as well as preparatory material thereof and (whether or not encoded) files or data carriers on which the Materials are located.
Agreement: any agreement between Kyzoe Hosting and Customer under which Kyzoe Hosting provides Services to Customer.
Party(ies): Party or Party(ies) shall mean Kyzoe Hosting and/or Customer.
Processor Agreement: agreement between Kyzoe Hosting and Customer, drawn up by Kyzoe Hosting, pursuant to the provisions of the General Data Protection Regulation. The Processor Agreement is deemed to be an integral part of the Agreement. The Processor Agreement is attached to these Terms and Conditions as an appendix but can also be downloaded independently via the Kyzoe Hosting Website.
Written: in addition to paper writings, e-mail and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.
Service Level Agreement (SLA): agreement between Kyzoe Hosting and Customer, drawn up by Kyzoe Hosting, regarding agreed specifically additional rights and obligations of Parties with respect to Services specifically described in the SLA and to the extent not specified in these Terms and Conditions. An SLA is valid only if signed by both Kyzoe Hosting and Customer with date.
Increased Risk Applications: applications where an error in the Services can lead to death or serious injury, serious environmental damage or loss of (personal) data with very high consequential damage. Examples of Applications with Increased Risk are: transport systems where an error may result in trains derailing or aircraft crashing; medical systems where an error may result in a patient not receiving treatment or receiving the wrong treatment; systems on which a substantial part of the population depends for the allocation of crucial government services, such as DigiD; systems in which (a large amount of) medical data or other special data within the meaning of the General Data Protection Regulation, or otherwise very sensitive data are stored.
Capitalized terms have the meaning as stated in this article.
Article 2. Commencement of the Agreement.
Client can request the Services directly from the Kyzoe Hosting Website. The Agreement arises at the moment of sending the email (whether or not automatically generated) from Kyzoe Hosting confirming and accepting the application.
Simultaneously with the conclusion of the Agreement, between Kyzoe Hosting (in its capacity as Processor) and Customer (in its capacity as Controller) a Processor Agreement is concluded which is deemed to form an integral part of the Agreement.
The Agreement is at all times subject to the General Terms and Conditions.
If the Customer is a consumer, the Customer has a period of fourteen days from the moment the order is placed to dissolve the Agreement In Writing and free of charge. Domain names are excluded from this because they are determined based on the specifications of the Customer (customization) or are personal in nature.
Article 3. Execution of the Agreement
After the establishment of the Agreement Kyzoe Hosting will execute the Agreement to the best of its ability and under application of sufficient care and craftsmanship.
Kyzoe Hosting will make every effort to achieve quality and uninterrupted availability of Services and associated systems and networks, and to realize access to data stored by the Customer with these. Kyzoe Hosting however offers no guarantees on quality or availability, unless otherwise agreed in the offer through a Service Level Agreement (SLA) designated as such.
Kyzoe Hosting has the right to put its systems, website or parts thereof temporarily out of service for the purpose of modification, maintenance, functional adjustment or improvement or to correct errors. Kyzoe Hosting will take downtime as much as possible outside office hours and will make every effort to timely notify the Customer. In case of functional adaptation or improvement this can be relevant for multiple Clients making it impossible for the Customer to waive one particular adaptation or improvement. Kyzoe Hosting is never liable for compensation to damages of the Customer in connection with temporary decommissioning or functional adaptation or improvement.
Delivery deadlines specified by Kyzoe Hosting are always indicative in nature, except where the applicable SLA sets deadlines that cannot be construed other than as a result commitment.
If and as far as a proper execution of the Agreement requires, Kyzoe Hosting has the right to have certain work performed by third parties. Any related unexpected additional costs are for the account of the Customer, unless otherwise agreed. These General Terms and Conditions also apply to work performed by third parties under the Agreement.
If so agreed, Kyzoe Hosting will provide the Customer with access to an Account. The Account will be accessible by entering a password and user name. Every action that takes place through the Account of the Customer or an Account created by the Customer is deemed to have taken place under the responsibility and risk of the Customer. If the Customer suspects or reasonably should suspect or know that abuse of an Account takes place, the Customer must report this as soon as possible to Kyzoe Hosting so Kyzoe Hosting can take measures.
Kyzoe Hosting shall make itself available to provide a reasonable level of remote customer support by chat and/or email, during regular business hours, to the extent the applicable SLA does not provide otherwise.
All changes in the Agreement, whether at the request of the Customer or as a result of the fact that due to any circumstances another execution is necessary, if additional costs are involved, will be considered as additional work and to the extent less costs exist from this as less work. These will be invoiced to Client accordingly.
Article 4. Obligations of the Principal
The Customer is obliged to do all that is reasonably necessary and desirable to enable a timely and correct performance of the Agreement. In particular, the Customer shall ensure that all information Kyzoe Hosting indicates is necessary or which the Customer should reasonably understand is necessary for the performance of the Services, will be provided to Kyzoe Hosting in a timely manner. The period within which Kyzoe Hosting must perform the Agreement will not commence until all requested and required data has been received by Kyzoe Hosting.
If the Customer knows or may suspect that Kyzoe Hosting will have to take certain (additional) measures to fulfill its obligations, the Customer will inform Kyzoe Hosting thereof without delay. This obligation applies for example if the Customer knows or should foresee that an extraordinary peak in load on the systems of Kyzoe Hosting will occur, which in any probability could cause unavailability of the Services. This applies even more if the Customer knows that Services are also provided to others through the same systems as Kyzoe Hosting uses to provide Services to the Customer. Kyzoe Hosting will, after warning, make every effort to prevent unavailability of the Services. Unless otherwise expressly agreed in Writing, all reasonable additional costs incurred in doing so may be charged to the Client.
Under no circumstances may Client use the Services for Increased Risk Applications.
If the Customer requires any permit or other permission from governmental bodies or third parties for the specific use he gives or intends to give to the Services, the Customer should himself take care of obtaining it. Client warrants to Kyzoe Hosting that he holds all permits and/or consents necessary for the use of the Services by Client.
Kyzoe hosting makes once a day a backup of all websites created through installatron or similar system this backup will be kept for 5 days on the servers of Kyzoe. And can be emailed to the client on simple request. The client is responsible for creating and testing the backups. The client cannot hold Kyzoe hosting liable for the faulty operation of the backup system. The client is free to install external backup systems on the website. However if they choose to store it on the server, Kyzoe hosting can not be held responsible for the quality of the backup. Plugins to create backups can be found in the WordPress repository.
Article 5. Rules of conduct and notice/takedown
The Customer is prohibited from using the Services to violate Dutch or other laws or regulations applicable to the Customer or Kyzoe Hosting or to infringe on the rights of others.
The Client is prohibited (whether legal or not) from offering or distributing Materials using the Services that:
are unmistakably primarily intended to aid others in infringing the rights of others, such as websites containing (exclusively or primarily) hacking tools or explanations of computer crime that are apparently intended to enable the reader to commit (or cause the reader to commit) the described criminal conduct and not to be able to defend themselves against it;
are unequivocally defamatory, libelous, offensive, racist, discriminatory or hateful;
contain child pornography or bestiality pornography or are manifestly intended to help others find such materials;
violate the privacy of third parties, which includes, but is not limited to, the dissemination of third parties’ personal data without permission or necessity or the repeated harassment of third parties with communications unwanted by them;
contain hyperlinks, torrents or references with (locations of) material that unmistakably infringe copyright, related rights or portrait rights;
contain unsolicited commercial, charitable or idealistic communications;
contain malicious content such as viruses or spyware.
Distribution of pornographic Materials through the Services is permitted as long as this does not cause a nuisance or other violation of these Terms and Conditions.
Customer refrains from hindering other customers or Internet users or causing damage to systems or networks of Kyzoe Hosting or other customers. The Customer is prohibited from starting up processes or programs, whether or not through the systems of Kyzoe Hosting, of which the Customer knows or can reasonably suspect that this hinders or damages Kyzoe Hosting, its customers or Internet users.
If in the opinion of Kyzoe Hosting nuisance, damage or other danger arises for the functioning of the computer systems or the network of Kyzoe Hosting or third parties and/or of the service over the Internet, in particular by excessive sending of email or other data, denial of service attacks, poorly secured systems or activities of viruses, Trojans and similar software, Kyzoe Hosting is entitled to take all measures Kyzoe Hosting reasonably deems necessary to avert or prevent this danger.
When Kyzoe Hosting receives a complaint about violation of this article by the Customer, or finds that this appears to be the case, Kyzoe Hosting will notify the Customer of the complaint or violation as soon as possible.
Customer will respond as soon as possible, after which Kyzoe Hosting will decide how to proceed.
If Kyzoe Hosting is of the opinion that there is a violation, it will block access to the relevant Material, however without permanently removing this Material (unless this proves technically impossible, in which case Kyzoe Hosting will make a backup). Kyzoe Hosting will endeavor not to touch any other Materials in the process. Kyzoe Hosting will notify the Customer as soon as possible of measures taken.
Kyzoe Hosting is at all times entitled to report detected criminal offenses.
Although Kyzoe Hosting strives to act as reasonable, careful and adequate as possible after complaints about the Customer, Kyzoe Hosting is never obliged to compensate for damages as a result of measures referred to in this article.
Article 6. Resellers
The Customer is permitted to resell the Services, but only in combination with or as part of the Customer’s own products or services and without disclosing the name of Kyzoe Hosting as supplier or subcontractor. Customer shall indemnify Kyzoe Hosting against all claims by its customers. Kyzoe Hosting may also take full action in case of violations of these Terms and Conditions by those customers.
Client acts at reselling in his own name, for his own account and risk and is not entitled to conclude agreements for or on behalf of Kyzoe Hosting or to create the impression that he represents Kyzoe Hosting.
A non or untimely payment of clients of Customer does not relieve Customer from its obligations to Kyzoe Hosting.
Client is entitled to use trade name, brand name, logo and signs of Kyzoe Hosting in its communications to its customers or for promotional or commercial purposes only after written permission from Kyzoe Hosting.
Customer is at all times responsible for all that her clients do or fail to do through the systems or networks of Kyzoe Hosting.
Resellers have access to plugins and themes at reduced prices, these plugins can only be used on domain names hosted by Kyzoe.be. If a reseller moves a domain name or website to another provider Kyzoe is entitled to cancel the license or charge the full price.
Article 7. Domain Name Registration
The application, allocation, and potential use of a domain name depend on and are subject to the applicable rules and procedures of the respective registering authorities, such as the Stichting Internet Domeinregistratie Nederland for .nl domain names. The relevant authority decides on the allocation of a domain name. Kyzoe Hosting only plays a mediating role in the application process and does not guarantee that an application will be accepted.
An invoice for registration fees does not serve as confirmation of registration. The client will not receive written confirmation of registration from Kyzoe Hosting. It is the client’s responsibility to check within their account whether a domain name has been definitively registered in their name and/or at their expense.
If a domain name cannot be registered in the client’s name and/or at their expense, the agreement will be terminated or dissolved immediately. Kyzoe Hosting will issue a credit invoice to the client for the services not performed, for the amount already invoiced.
Kyzoe Hosting expressly disclaims liability for any direct damages, indirect damages, consequential damages, loss of profits, missed savings, or damages resulting from business interruption that may arise from a failed attempt to register a domain name.
The client indemnifies and holds Kyzoe Hosting harmless for any damages related to the use of a domain name on behalf of or by the client. Kyzoe Hosting is not liable for the client losing their rights to a domain name or for the fact that the domain name may be requested and/or obtained by a third party during the interim.
The client must adhere to the rules set by the registering authorities for the application, allocation, or use of a domain name. Kyzoe Hosting will refer to these rules during the registration process.
Kyzoe Hosting has the right to render the domain name inaccessible or unusable, or to place it under its own name, when the client demonstrably fails to fulfill their obligations under the agreement. However, this will only be done for the duration of the client’s default and after a reasonable period for compliance, as stated in a written notice of default.
In the event of the agreement being dissolved due to the client’s breach of contract, Kyzoe Hosting is entitled to terminate the client’s domain name with a notice period of two months.
Article 8. Storage and Data Limits
The client is not allowed to exceed the storage and/or data limits indicated for the respective service. Kyzoe Hosting is entitled to retroactively charge the client for any exceeding limit(s).
Services that offer unlimited storage and/or data limits are subject to the Fair Use Policy. This Fair Use Policy can be downloaded from the Kyzoe Hosting website and is considered an integral part of the agreement.
If the exceeding of storage and/or data limits is due to a hack or an error caused by the client or attributable to the client, the exceeding of the limit(s) may be charged to the client afterwards.
No liability exists for the consequences of not being able to send, receive, store, or modify data if an agreed storage space or data traffic limit has been exceeded.
In the event that an excessive amount of data traffic is caused by an external cause (such as a denial of service attack), Kyzoe Hosting is entitled to reasonably charge the costs to the client.
Article 9. Intellectual Property Rights
All intellectual property rights to all materials developed or provided by Kyzoe Hosting within the scope of the Agreement shall exclusively belong to Kyzoe Hosting or its licensors.
The Client shall only obtain the rights of use and authority explicitly granted in these General Terms and Conditions, the Agreement, or otherwise in writing, and shall not reproduce or disclose these materials in any other way. This provision shall not apply if it is unmistakably overlooked to expressly grant such a right to the Client. However, the delivery of source code for materials shall only be mandatory if explicitly agreed upon.
Unless otherwise agreed upon in writing, the Client is not allowed to remove or modify any indication of copyrights, trademarks, trade names, or other intellectual property rights from these materials, including indications regarding the confidential nature and confidentiality of the materials.
Kyzoe Hosting is permitted to take technical measures to protect its materials. If Kyzoe Hosting has secured these materials through technical protection, the Client is not allowed to remove or bypass this protection, except to the extent that the law mandatorily determines otherwise.
Article 10. Prices
Unless expressly stated otherwise for a specific amount, all prices mentioned by Kyzoe Hosting are exclusive of value-added tax and any other government-imposed levies.
If a price is based on data provided by the Client and these data are found to be incorrect, Kyzoe Hosting has the right to adjust the prices accordingly, even after the Agreement has already been concluded. If the Agreement concerns a subscription, Kyzoe Hosting is entitled to change the applied rates at any time.
The same conditions and procedures for changing the services and these General Terms and Conditions apply to price changes.
Article 11. Payment Conditions
Kyzoe Hosting will invoice the amounts due from the Client. Kyzoe Hosting may issue electronic invoices. Kyzoe Hosting has the right to charge periodically due amounts prior to the delivery of the services.
The payment term for an invoice is in advance unless otherwise agreed upon in writing.
If the Client has not fully paid within 14 days after the payment term, they are automatically in default without the need for a notice of default.
If the Client is in default, the following consequences apply:
The statutory interest is due on the outstanding amount; the websites hosted for the Client and other materials may be rendered inaccessible without further warning until the outstanding amounts, interest, and the like have been paid; Unless the Client is a consumer, the Client is not allowed to invoke suspension, setoff, or deduction;
In the event that the Client fails to fulfill any obligation under the Agreement, Kyzoe Hosting is entitled, without any notice of default, to not only suspend services but also to take back delivered goods, without prejudice to Kyzoe Hosting’s right to claim compensation for damages, loss of profit, and interest.
Article 12. Liability
In the context of the establishment, performance, or execution of the Agreement, Kyzoe Hosting shall not be liable for any damages, regardless of the grounds on which an action for damages may be based, except in the cases mentioned below, and up to the limits specified therein.
The total liability of Kyzoe Hosting for damages suffered by the Client as a result of an attributable failure to perform its obligations under the Agreement, including any failure to perform a warranty obligation agreed upon with the Client, or due to wrongful acts of Kyzoe Hosting, its employees, or third parties engaged by Kyzoe Hosting, is limited to an amount equal to the total fees (excluding VAT) that the Client will owe under the Agreement for the event or series of related events.
Kyzoe Hosting explicitly disclaims liability for indirect damages, consequential damages, lost profits, savings, and damages due to business interruption.
Kyzoe Hosting’s liability for attributable failure to perform the Agreement shall only arise if the Client immediately and properly notifies Kyzoe Hosting in writing, setting a reasonable period for remedying the failure, and Kyzoe Hosting continues to fail to perform its obligations attributable to it even after that period.
The notice of default must contain a detailed description of the failure, enabling Kyzoe Hosting to respond adequately. The notice of default must be received by Kyzoe Hosting within 30 days of the discovery of the damage.
The Client shall be liable to Kyzoe Hosting for any damage caused by an attributable error or failure on their part. The Client indemnifies Kyzoe Hosting against claims regarding non-compliance with the code of conduct in Article [number] when using the Services by or with the Client’s permission. This indemnification also applies to persons who, although not employees of the Client, have nevertheless used the Services under the responsibility or with the permission of the Client.
Any claim for damages by the Client against the Processor that is not specified and explicitly reported shall expire by the mere lapse of twelve (12) months from the date on which the claim arose.
Article 13. Force Majeure
Neither Party shall be obliged to fulfill any obligation if a circumstance beyond the control of the Parties, which could not reasonably have been foreseen at the time of the conclusion of the Agreement, makes it impossible to fulfill the obligation.
Force majeure includes, but is not limited to:
disruptions to public infrastructure that is normally available to Kyzoe Hosting and upon which the provision of the Services depends, but over which Kyzoe Hosting has no actual control or contractual obligation, such as the operation of the IANA, RIPE, or SIDN registries, and all networks on the internet with which Kyzoe Hosting has not entered into a contract; disruptions in the infrastructure and/or Services of Kyzoe Hosting caused by computer crimes, such as (D)DoS attacks or successful or unsuccessful attempts to bypass network security or system security; failures of Kyzoe Hosting’s suppliers that Kyzoe Hosting could not have foreseen and for which Kyzoe Hosting cannot hold its supplier liable, for example, due to force majeure circumstances affecting the respective supplier as well; defectiveness of goods, equipment, software, or other source materials that the Client has prescribed for use; Unavailability of personnel (due to illness or other reasons); Government measures, general transportation issues, strikes, wars, terrorist attacks, and domestic unrest.
If a force majeure situation lasts longer than one month, either Party has the right to terminate the agreement in writing. The performance already rendered based on the agreement shall be settled proportionally in that case, without any further obligations between the Parties.
Article 14. Confidentiality
Parties shall treat information provided to each other before, during, or after the execution of the Agreement as confidential when such information is marked as confidential or when the receiving party knows or reasonably should have known that the information was intended to be confidential. Parties shall also impose this obligation on their employees as well as on third parties engaged by them for the execution of the Agreement.
Kyzoe Hosting shall not access data stored and/or distributed by the Client through Kyzoe Hosting’s systems unless necessary for the proper execution of the Agreement or if Kyzoe Hosting is obligated to do so under a legal provision or court order. In that case, Kyzoe Hosting shall make reasonable efforts to limit the access to the data as much as possible, within its power.
The obligation of confidentiality shall remain in effect after the termination of the Agreement for any reason, as long as the disclosing party can reasonably claim the confidential nature of the information.
Article 15. Processing of Personal Data
The Parties agree that with regard to the processing of personal data, Kyzoe Hosting is the “processor” and the Client is the “data controller” within the meaning of the General Data Protection Regulation. In this context, if personal data is processed in the execution of the Agreement, the provisions of the Data Processing Agreement shall apply.
The responsibility for compliance with obligations related to the processing of personal data through the Agreement lies entirely with the Client. The Client shall ensure lawful processing of personal data and shall not infringe upon the rights of third parties.
The Client shall indemnify Kyzoe Hosting against any claims by third parties arising from the processing of personal data, in any form, as well as against any fines imposed on the Client by the Data Protection Authority or other supervisory authorities, which can be attributed to the Client.
Article 16. Duration, Termination, and Renewal
If the Service under the Agreement involves the registration, renewal, reactivation, or removal from quarantine of a domain name, the Agreement shall be entered into for a minimum duration of one year. In the case of a transfer of a domain name to Kyzoe Hosting, the Agreement shall be entered into until the next renewal date of the domain name.
Services from a Subscription, excluding domain names, are entered into for the term as specified separately for each Service on the Kyzoe Hosting Website.
Before the Subscription expires, the Client will receive a request asking whether they want to renew it for a duration determined by the Client. The Agreement will only be renewed if the Client confirms the intention to renew. The Client has the option to automatically renew the Services from the Subscription (see also Article 17) or renew them manually (see also Article 18).
If the Client is a consumer, they have the right to terminate the Agreement without stating a reason within 14 days after the conclusion of the Agreement. Domain names are excluded from this withdrawal period since they are registered based on the Client’s specifications or are of a personal nature.
If a fixed term for the Subscription is agreed upon, both Parties may not unilaterally terminate the Agreement before the term has expired, except in case of a special termination ground, as described in Article 16.
Kyzoe Hosting may immediately suspend or terminate the Agreement in writing if at least one of the following exceptional grounds applies:
The Client is in default with regard to a substantial obligation; Bankruptcy proceedings have been initiated against the Client; The Client has applied for a moratorium on payments; The Client’s activities are terminated or liquidated.
If Kyzoe Hosting suspends the performance of its obligations, it shall retain its rights under the law and the Agreement, including the right to payment for the Services that have been suspended.
The Client may notify the termination through the same channel as the one through which the Agreement was concluded.
If the Agreement is terminated or dissolved, the claims of Kyzoe Hosting against the Client become immediately due and payable. In the event of dissolution of the Agreement, amounts already invoiced for services rendered remain due, without any obligation to undo them. If the dissolution is attributable to the Client, Kyzoe Hosting is entitled to compensation for the direct and indirect damages incurred.
The right to suspend in the aforementioned cases applies to all Agreements concluded with the Client simultaneously, even if the Client is only in default with regard to one Agreement, and without prejudice to Kyzoe Hosting’s right to claim damages, lost profits, and interest.
Article 17. Automatic Extension
If the Client has chosen automatic extension and has fulfilled the payment obligation, the Service will be automatically extended for the same Subscription period at the end of the agreed term.
The Client is responsible for activating the option to automatically extend Services within their Account.
The Client is responsible for verifying whether the automatic extension of Services has taken place.
For the extension of Services, an automatic payment instruction will be submitted 20 days before the expiration date. Automatic extension will only take place if the full payment has been received and processed by Kyzoe Hosting before the expiration date.
If the Client fails to fulfill the obligations related to the automatic extension of Services before the expiration date, the Agreement is deemed terminated on the expiration date.
The term “expiration date” refers to the date on which Kyzoe Hosting’s obligation to provide Services under the Agreement with the Client ends. The expiration time is set at 00:01 hours on the expiration date.
Article 18. Manual Extension
If the Client has chosen manual extension, the Services will automatically terminate at the end of the agreed term unless the Client chooses to extend the Service.
It is the responsibility of the Client to keep track of the expiration date of the Services and to initiate the extension of Services themselves.
If the Client wishes to extend, they can proceed with the extension and payment by logging into their Account on the Kyzoe Hosting Website.
Manual extension will only take effect when Kyzoe Hosting has received and processed the full payment for the Services. Therefore, it is necessary for the Client to ensure the extension and payment for the newly agreed term are made at least 5 days before the current term expires.
Article 19. Procedure after Termination
After termination of the Agreement, either by termination or dissolution, Kyzoe Hosting is entitled to immediately erase or make inaccessible all stored data and terminate all Client Accounts.
The erasure of data stored for the Client is always performed using software-based data shredding to make it irrecoverable. (The term “irrecoverable” refers to the erasure process and does not mean that the data would no longer exist anywhere in the world.)
Article 20. Hierarchy and Amendment of Terms
Kyzoe Hosting reserves the right to modify or supplement the Services and these General Terms and Conditions. Changes also apply to already concluded agreements, with a notice period of 30 days after the announcement of the change.
Changes will be announced on the Kyzoe Hosting Website or any other channel that Kyzoe Hosting can prove has reached the Client. Non-substantive changes of minor importance can be implemented at any time and do not require notification.
If the Client does not accept a change, they must notify Kyzoe Hosting in writing, stating their reasons, within two weeks of the announcement. Kyzoe Hosting may reconsider the change based on the Client’s notification. If Kyzoe Hosting does not withdraw the change, the Client may terminate the agreement as of the date when the new terms become effective.
Provisions relating to specific Services take precedence over general provisions applicable to all services if they are applicable. Additional or deviating agreements between Kyzoe Hosting and the Client or provisions or conditions set by the Client prevail over these General Terms and Conditions only if accepted in writing by Kyzoe Hosting.
Article 21. Miscellaneous Provisions
The Agreement is governed by Belgian law.
Unless otherwise required by mandatory law, any disputes arising out of the Agreement shall be submitted to the competent Belgian court in the district where Kyzoe Hosting is located.
If any provision of the Agreement is found to be invalid, it does not affect the validity of the entire agreement. In that case, the Parties shall establish new provision(s) to the extent legally possible to give effect to the original intention of the Agreement and these General Terms and Conditions.
Information and notifications, including price indications, on the Kyzoe Hosting Website are subject to programming and typographical errors. In the event of any inconsistency between the Website and the Agreement, the Agreement prevails.
The log files and other electronic or non-electronic records of Kyzoe Hosting constitute full evidence of Kyzoe Hosting’s claims, and the received or stored version of any (electronic) communication by Kyzoe Hosting is considered authentic, except if the Client provides evidence to the contrary.
The Parties shall promptly inform each other in writing of any changes in name, postal address, email address, telephone number, and, upon request, bank or giro account number.
Each party may only assign its rights and obligations under the Agreement to a third party with the prior written consent of the other party. However, this consent is not required in the case of a company takeover or the acquisition of the majority of shares in the respective party.
APPENDIX 1: DATA PROCESSING AGREEMENT
Data Processing Agreement Kyzoe Hosting.
In order to comply with the requirements of the General Data Protection Regulation (GDPR) regarding the processing of personal data, Kyzoe Hosting has established a data processing agreement regarding the services provided by Kyzoe Hosting that involve the processing of personal data.
Article 1. Definitions of terms used
GDPR: General Data Protection Regulation
General Terms and Conditions: the General Terms and Conditions of Kyzoe Hosting.
Kyzoe Hosting: the company Kyzoe Hosting, located at Pontonstraat 16/0101 – Oostende, Belgium.
Data Controller/Client: the natural or legal person who determines the purposes and means of the processing. Where “Data Controller” is used in this Data Processing Agreement, it can also be understood as “Client” and vice versa.
Data Processor: the natural or legal person who processes personal data on behalf of the Data Controller/Client.
Sub-processor: the natural or legal person who processes personal data on behalf of Kyzoe Hosting.
Data Subjects: individuals whose personal data is processed.
Agreement: any agreement between Kyzoe Hosting and the Client under which Kyzoe Hosting provides services to the Client. The Data Processing Agreement is an integral part of the Agreement.
Data Processing Agreement: under the GDPR, a Data Controller/Client and a Data Processor are obligated to enter into a data processing agreement. When entering into an Agreement as referred to in our General Terms and Conditions, the Data Processing Agreement also comes into effect. The Data Processing Agreement is an integral part of the Agreement.
Data Processing Agreements that have not been drafted by Kyzoe Hosting are not recognized by Kyzoe Hosting and can never be part of the Agreement.
Article 2. Purpose of processing
2.1 The Processor will process only the data necessary for the proper performance of the Agreement, on behalf and under the responsibility of the Client, and will not use it for any other purpose than that for which it was obtained, even if it has been anonymized or rendered unidentifiable in such a way that it cannot be attributed to Data Subjects.
Article 3. Overview of processed personal data
For the proper execution of the Agreement, the following personal data will be processed:
Name, Address, and Contact Information (NAW) Email addresses Company information (including VAT identification numbers) IP addresses Other possible categories of non-sensitive personal data Article 4. Transfer of personal data
The Processor may process personal data in countries within the European Union. Transfer to countries outside the European Union is prohibited. Upon request, the Processor shall inform the Client of the specific country or countries within the European Union involved.
Article 5. Allocation of responsibilities
The authorized processing will be carried out by employees of the Processor within an automated environment.
The Processor is solely responsible for the processing of personal data under this Data Processing Agreement, in accordance with the instructions of the Client.
The Client guarantees that the content, use, and instructions related to the processing of personal data under the Agreement are not unlawful and do not infringe upon the rights of third parties.
Article 6. Security
The Processor will make reasonable efforts to implement appropriate technical and organizational measures to ensure the security of the processing of personal data, including protection against loss or any form of unlawful processing (such as unauthorized access, alteration, disclosure, or destruction of personal data).
The Processor has implemented the following measures, among others:
Encryption of digital files containing personal data Secure network connections using Secure Socket Layer (SSL) technology A secured internal network Geographically separated backup system Multiple backups per day Redundancy of internal systems
Access to personal data is limited to authorized personnel of the Processor who are bound by confidentiality obligations under the law. This confidentiality obligation does not apply to the extent that the Client has expressly authorized the disclosure of information to third parties, where the disclosure of information to third parties is reasonably necessary due to the nature of the assignment and the performance of this Agreement, or where there is a legal obligation to disclose the information to a third party.
The described security measures, according to the Client, provide an adequate level of security.
Article 7. Notification obligation
The Client is responsible for promptly notifying the supervisory authority and/or data subjects of any security breach and/or data breach. To enable the Client to fulfill this legal obligation, the Processor will notify the Client of any security breach and/or data breach within a reasonable period of time.
The notification obligation includes at least the reporting of the fact that a breach has occurred. In addition, the notification obligation includes:
The (presumed) cause of the breach The (known and/or expected) consequences of the breach The (proposed) solution Who has been informed Article 8. Handling data subject requests
In the event that a Data Subject makes a request to the Processor regarding their rights established in Chapter III of the GDPR, the Processor will forward the request to the Client. The Client will handle the request, and the Processor will assist the Client to the best of its organizational and technical abilities. The Processor may inform the Data Subject of this process.
Article 9. Data Protection Impact Assessment (DPIA) and Audit
The Client has the right to have a DPIA or Audit conducted by an independent third party bound by confidentiality to verify compliance with all provisions of the Data Processing Agreement.
The audit may be conducted if there is a concrete suspicion of misuse of personal data.
The Processor will cooperate with the DPIA/Audit and provide all reasonably relevant information, including supporting data such as system logs, and employees as soon as possible.
The findings resulting from the DPIA/Audit will be assessed by both parties in mutual consultation, and based on that, may or may not be implemented by one or both parties.
The costs of a DPIA and/or Audit shall be borne by the Client.
Article 10. Sub-processors
The Processor is allowed to use a Sub-processor within the scope of the Agreement. The Processor will impose the same requirements and obligations on a Sub-processor as those set forth in this Data Processing Agreement for the Processor.
Article 11. Liability
In the context of the establishment, performance, or execution of the Data Processing Agreement, Kyzoe Hosting shall not be liable for damages, regardless of the legal basis for a claim for damages, except as specified below, and up to the maximum limits indicated.
The total liability of Kyzoe Hosting for damages suffered by the Client as a result of an attributable failure in the performance of Kyzoe Hosting’s obligations under the Data Processing Agreement, including any failure to meet a warranty obligation agreed upon with the Client, or due to unlawful acts by Kyzoe Hosting, its employees, or third parties engaged by it, shall be limited to an amount equal to the total fees (excluding VAT) that the Client will owe under the Agreement.
The Processor’s liability for indirect damages is excluded.
Indirect damages shall include all damages that are not direct damages, including but not limited to consequential damages, lost profits, lost savings, diminished goodwill, damages resulting from business interruption, damages arising from failure to achieve marketing objectives, damages related to the use of data or data files prescribed by the Client, or loss, corruption, or destruction of data or data files.
Unless performance by the Processor is permanently impossible, the Processor’s liability for an attributable failure in the performance of the Data Processing Agreement shall only arise if the Client promptly notifies the Processor in writing of the default, setting a reasonable period for remedying the default, and the Processor continues to fail to perform its obligations even after that period. The notice of default must contain a complete and detailed description of the default, enabling the Processor to respond adequately.
Any claim for damages by the Client against the Processor that is not specified and explicitly reported shall expire by the mere lapse of twelve (12) months after the claim arises.
The Client shall indemnify Kyzoe Hosting against any legal claim by third parties if that claim, in any form, is related to the processing of personal data, as well as against any fines imposed on the Client by the supervisory authority or other regulatory bodies, if attributable to the Client.
Article 12. Duration and termination
This Data Processing Agreement is entered into for the duration determined in the Agreement. Termination of the Agreement will also terminate the Data Processing Agreement, and vice versa.
Upon termination of the Agreement, for any reason and in any manner, the Client has 30 days to request the return of the provided personal data.
The Processor will retain all personal data in accordance with the statutory retention obligation. This legal obligation requires the retention of source, derived, and fixed data for a minimum of 7 years. Personal data that does not fall within this classification will be deleted from the Processor’s servers and systems after 30 days.
Article 13. Applicable law and dispute resolution
The (Data)Processing Agreement and its execution shall be governed by Belgian law. All disputes that may arise between the Processor and the Client in connection with the (Data)Processing Agreement shall be submitted to the competent court in the district where the Processor is located.
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