General Terms of Service

Definitions

Goldens Servers: goldensservers.
Customer: the person with whom Goldens Servers has entered into an agreement.
Parties: Goldens Servers and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Goldens Servers.

Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Goldens Servers are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

Goldens Servers is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

The price with regard to services is determined by Goldens Servers on the basis of the actual working hours. .

The price is calculated according to the usual hourly rates of Goldens Servers, valid for the period in which he carries out the work, unless a different hourly rate has been agreed. .

If the parties have agreed on a total amount for a service provided by Goldens Servers, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which can not be deviated from.

Goldens Servers is entitled to deviate up to 10% of the target price.

If the target price exceeds 10%, Goldens Servers must let the customer know in due time why a higher price is justified. .

If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%..

Goldens Servers has the right to adjust prices on Goldens Servers..

Goldens Servers will communicate price adjustments to active products to the customer prior to the moment the price increase becomes effective.

The consumer has the right to terminate the contract with Goldens Servers if he does not agree with the price increase.

Consequences of late payment

Any orders created and not paid for after 5 days of initial generation will result in the order and invoice being cancelled.

When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Goldens Servers.

The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

any services will be terminated if a package is not paid by the customer at the billing period. A service is suspended 7 days after the invoice has gone overdue with an email sent to the client and 2 days after that the service will be terminated with no notification. Once your service is cancelled any lost data will not be recovered.

Goldens servers reserves the right to cancel your service for any abusive / illegal reasons and a refund will not be given.

Customers may not use our services to do the following

Use illegally obtained software.
Use the service to host pornographic/illegal material.
Use the service for any cyber crimes referring to the Dutch cyber crime laws.
Re-sell our packages without authorisation from Goldens servers. s

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement

The customer waives his right to settle any debt to Goldens Servers with any claim on Goldens Servers.

Backup

The customer is responsible to make backups of his data.
Goldens servers is not responsible for any lost data.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Goldens Servers, not obligations of results.

Performance of the agreement

Goldens Servers executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

Goldens Servers has the right to have the agreed services (partially) performed by third parties.

The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

It is the responsibility of the customer that Goldens Servers can start the implementation of the agreement on time.

If the customer has not ensured that Goldens Servers can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

The customer shall make available to Goldens Servers all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

If and insofar as the customer requests this, Goldens Servers will return the relevant documents.

If the customer does not timely and properly provides the information, data or documents reasonably required by Goldens Servers and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Duration of the agreement

GoldensServers had 4 different billing cycles these are: Monthly, Quarterly, Semi-Annually and Annually. A customer may choose to change their billing cycle at any time however the change will not take effect until the next renewal.

If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.

If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Goldens Servers a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Service Delivery Times

GoldensServers had 4 different billing cycles these are: Monthly, Quarterly, Semi-Annually and Annually. A customer may choose to change their billing cycle at any time however the change will not take effect until the next renewal.

If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.

If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Goldens Servers a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

Cancellation of the contract

It's the customers own responsibility to create a cancellation request. Any services that have been paid for before a cancellation request will not be refunded. The refund policy is excluded from this.

A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

Paypal subscription

if the customer decides to use PayPal subscription it's the customers responsibility to cancel any recurring payments being made to Goldens Servers on the customers PayPal account Goldens Servers will not offer an refund in the event a customers fails to do so.

Intellectual property

Goldens Servers retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

The customer may not copy or have copied the intellectual property rights without prior written permission from Goldens Servers, nor show them to third parties and / or make them available or use them in any other way.

Confidentiality

The client keeps any information he receives (in whatever form) from Goldens Servers confidential.

The same applies to all other information concerning Goldens Servers of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Goldens Servers.

The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.

The obligation of secrecy described in this article does not apply to information: which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
which is made public by the customer due to a legal obligation.

The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

Indemnity

The customer indemnifies Goldens Servers against all third-party claims that are related to the products and/or services supplied by Goldens Servers.

Complaints

The customer must examine a product or service provided by Goldens Servers as soon as possible for possible shortcomings.

If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Goldens Servers of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

Consumers must inform Goldens Servers of this within two months after detection of the shortcomings.

The customer gives a detailed description as possible of the shortcomings, so that Goldens Servers is able to respond adequately.

The customer must demonstrate that the complaint relates to an agreement between the parties.

If a complaint relates to ongoing work, this can in any case not lead to Goldens Servers being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to Goldens Servers in writing.

It is the responsibility of the customer that a notice of default actually reaches Goldens Servers (in time).

Joint and several Client liabilities

If Goldens Servers enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Goldens Servers under that agreement.

Liability of Goldens Servers

Goldens Servers is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

If Goldens Servers is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

Goldens Servers is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

If Goldens Servers is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Goldens Servers is never liable for any modification or purchases you made to your purchase.

Dissolution

The customer has the right to dissolve the agreement if Goldens Servers imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

If the fulfillment of the obligations by Goldens Servers is not permanent or temporarily impossible, dissolution can only take place after Goldens Servers is in default.

Goldens Servers has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his under the agreement, or if circumstances give Goldens Servers good grounds to fear that the customer will not be able to fulfill his obligations properly.

Goldens Serversreserves the right to suspend your account without any notice for as long as we wish. If the customer is using our service for any abusive / illegal reasons a refund will not be given.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Goldens Servers in the fulfillment of any obligation to the customer cannot be attributed to Goldens Servers in any situation independent of the will of Goldens Servers, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Goldens Servers .

The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, and work stoppages.

If a situation of force majeure arises as a result of which Goldens Servers cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Goldens Servers can comply with it.

From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

Goldens Servers does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

Goldens Servers is entitled to amend or supplement these general terms and conditions without any notification.

Changes of minor importance can be made at any time

Major changes in content will be discussed by Goldens Servers with the customer in advance as much as possible.

Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer can not transfer its rights deferring from an agreement with Goldens Servers to third parties without the prior written consent of Goldens Servers .

This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Goldens Servers had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.

The Dutch court in the district where Goldens Servers is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Goldens servers has the right to modify this Terms of Service at any time without any notification