GENERAL TERMS AND CONDITIONS WHISTLER IT SOLUTIONS
- 1 DEFINITIONS
- 1.1 Account: the customer Email Address used by the Customer to access the System of WHISTLER IT SOLUTIONS.
- 1.2 Email Address: an address code set up in the Customer’s name for exchanging electronic messages over the
- 1.3 Customer: the natural or legal person who has concluded an Agreement with WHISTLER IT SOLUTIONS.
- 1.4 Home Page: an Internet site, or a title page or introduction page on a website on the Internet, that has
been set up in the Customer’s name.
- 1.5 Login Procedure: the procedure prescribed by WHISTLER IT SOLUTIONS that allows the Customer to gain access
to the System.
- 1.6 Request for Comments (RFC): a collection of technical and organisational Guidelines and descriptions of
common protocols, procedures, software and terms on the Internet as well as their use (ftp://ftp.ripe.net/rfc
- 1.7 Netiquette: the generally accepted code of conduct on the Internet set forth in the Request for Comments
(RFC) 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and its future amendments.
- 1.8 Agreement: the agreement between WHISTLER IT SOLUTIONS and a Customer, on the basis of
which WHISTLER IT SOLUTIONS provides Services.
- 1.9 Personal details: any information pertaining to an identified or identifiable natural person.
- 1.10 System: computers and related hardware used by WHISTLER IT SOLUTIONS to provide the Customer with access
to the Internet.
- 1.11 Website: one or more integrated web pages preceded by a Home Page.
- 1.12 WHISTLER IT SOLUTIONS Services: the services provided by WHISTLER IT SOLUTIONS to its Customers.
- 2 GENERAL PROVISIONS
- 2.1 These general terms and conditions shall apply to all legal relations between WHISTLER IT SOLUTIONS and
the Customer, regardless of the basis of said relations, except where expressly agreed to the contrary in
writing by the parties.
- 2.2 All offers made by WHISTLER IT SOLUTIONS are free of obligations unless expressly indicated otherwise in
writing in the offer. Application of any general purchasing terms and conditions from the Customer is expressly
- 2.3 An Agreement is concluded as soon as WHISTLER IT SOLUTIONS receives back an agreement or
request/authorisation form, which was sent to a prospective customer, signed and completed in full, or
if WHISTLER IT SOLUTIONS has made services available in another manner under contract from the prospective
customer. After acceptance of the offer by the customer, WHISTLER IT SOLUTIONS is entitled to retract the
offer immediately or later. In the event of a retraction, an agreement will not be concluded
and WHISTLER IT SOLUTIONS shall be obligated to repay all sums that it has received to the
Customer. WHISTLER IT SOLUTIONS can reject a prospective customer for its own reasons.
- 2.4 Contrary to the provisions of section 6:235(2) of the Dutch Civil Code, WHISTLER IT SOLUTIONS shall not be
bound by any deviations appearing in the acceptance by the Customer of the offer made by WHISTLER IT SOLUTIONS.
- 2.5 WHISTLER IT SOLUTIONS is entitled to amend these general terms and conditions at any time. Amendments
shall also apply to Agreements concluded in the past. Amendments shall take effect one (1) month after their
announcement in the manner referred to in clause 3.2. If the Customer is not in agreement with the amendments,
then, contrary to clause 12.1, the Customer shall be entitled, up to the time that the amendments take effect,
to cancel the Agreement as of the date on which the amended terms and conditions take effect.
- 3 PRICING
- 3.1 The Customer shall owe a fee according to the service(s) provided by WHISTLER IT SOLUTIONS. All prices are
exclusive of sales tax (VAT), administrative fees and any additional levies and/or charges unless indicated
otherwise in the Agreement or in another manner.
- 3.2 WHISTLER IT SOLUTIONS is entitled to amend the fees and other charges at any time without notice.
- 3.3 The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty,
excise duty, income tax, and all other taxes and duties, whether international, national, state or local,
however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and
the WHISTLER IT SOLUTIONS Products.
- 4 PAYMENT
- 4.1 The fees payable to WHISTLER IT SOLUTIONS must be paid in advance unless agreed otherwise in writing. The
Customer is required to pay the amount due within fourteen (14) days of the invoice date.
- 4.2 Customers who fail to remit payment within the term indicated in clause 4.1 shall be legally in default and
shall owe statutory interest on the invoice sum, with no need of any additional notifications or reminders.
Furthermore, all reasonable costs incurred in order to arrive at an out-of-court settlement shall be covered by
and at the risk of the Customer. These fees shall be equal to 15% on top of the amount due, with a minimum of
€100.00, unless WHISTLER IT SOLUTIONS demonstrates that more costs were actually incurred.
- 5 OBLIGATIONS OF WHISTLER IT SOLUTIONS
- 5.1 WHISTLER IT SOLUTIONS shall act as a good service provider by:
- Providing the Customer with a connection to the System for the WHISTLER IT SOLUTIONS Services agreed
to in the Agreement.
- Establishing and maintaining the connections that can be made to the Internet using the System.
- Protecting data (including personal details) that are stored. The Customer database may be transferred
to a third party in case same third party acquires the brand and services of WHISTLER IT SOLUTIONS.
- WHISTLER IT SOLUTIONS does not guarantee unrestricted access to the System or the Internet. Nor
does WHISTLER IT SOLUTIONS guarantee that it will be possible to use the WHISTLER IT SOLUTIONS
Services at all times.
- 5.2 WHISTLER IT SOLUTIONS is not liable for the functioning of the third-party telecommunications
infrastructure and associated peripheral equipment or for failure to meet obligations on the part of any third
parties providing services to WHISTLER IT SOLUTIONS in the execution of the Agreement.
- 5.3 WHISTLER IT SOLUTIONS provides name holders (registrants) of all offered Top Level Domains (TLD’s) the
opportunity, prior to accepting and completing registration of a .TLD name, to review online the Realtime
Register and Conditions for registering a domain name, as set forth under:
https://www.realtimeregister.com/terms-conditions. By accepting the Agreement, the Customer also abides to the
Realtime Register Terms and Conditions
- 6 OBLIGATIONS OF THE CUSTOMER
- 6.1 The Customer shall act in accordance with that which may be expected of a responsible and careful Internet
- 6.2 The Customer shall notify WHISTLER IT SOLUTIONS as quickly as possible of any relevant changes to the
- 6.3 The Customer is responsible for any and all use (including by third parties) of the WHISTLER IT SOLUTIONS
Services via the Customer’s Account.
- 6.4 The Customer is required to log out every time the Customer wants to end the WHISTLER IT SOLUTIONS
Services. Any damages or costs incurred as a result of logging out improperly shall be covered by the Customer.
- 6.5 The Customer shall refrain from interfering with other Customers or Internet users and from causing damage
to the System. It is prohibited for the Customer to use any processes or programs – whether via the System or
otherwise – which the Customer knows or should reasonably suspect will interfere with or cause damage
to WHISTLER IT SOLUTIONS or other customers or Internet users.
Customer is only permitted to use processes or programs if there is a direct connection to the System that is
authorised by WHISTLER IT SOLUTIONS.
- 6.6 It is not permitted for the Customer to use the System or the storage space for any actions and/or conduct
that is in conflict with the applicable legal requirements, Netiquette, specifications in the applicable Request
for Comments (RFC), the guidelines of the Dutch Advertising Code Committee (Reclame Code Commissie), the Google
AdSense Program Policies, the Agreement or these general terms and conditions. This includes but is not limited
to the following actions and conduct:
- Sending out large volumes of unsolicited emails with the same content and/or posting an unsolicited
message with the same content on a large number of news groups on the Internet (‘spamming’).
- Acting in violation of third-party intellectual or industrial property rights (including database
- Publication or dissemination of (child) pornography.
- Sexual harassment and other forms of harassment.
- Unauthorised intrusion into other computers or computer systems on the Internet (‘hacking’).
- Any of the actions, content and conduct as described under:
- 6.7 It is not permitted for the Customer to transfer his or her Account or other rights under the Agreement or
to make them available to third parties without the express written consent of WHISTLER IT SOLUTIONS. Without
prejudice to the other provisions under section 6, the Customer is permitted to have a website designed, put on
the System and maintained by a third party.
- 6.8 The Customer is restricted to the amount of data storage indicated in the Agreement. The Customer is
responsible for ensuring that this limit is not exceeded. If the limit is exceeded, then WHISTLER IT SOLUTIONS
shall be entitled to delete information in order to ensure proper functioning of the WHISTLER IT SOLUTIONS
- 6.9 The Customer shall provide the necessary hardware, software, peripheral equipment and connection to enable
access to the System.
- 6.10 WHISTLER IT SOLUTIONS is entitled, without being required to pay the Customer any compensation for
damages and without further notification, to immediately disable, suspend or impose additional conditions on the
connection to the System provided to the Customer whenever and for as long as the Customer acts (or is suspected
to have acted) in violation of the provisions of clauses 6.1 to 6.8.
- 6.11 The Customer indemnifies WHISTLER IT SOLUTIONS for any and all third-party claims, including claims
pertaining to damages as well as other claims, arising in any way, shape or form from the Customer’s use of the
Account, the System or the Internet, or due to non-compliance on the part of the Customer with the Customer’s
obligations resulting from the Agreement or these general terms and conditions.
- 7 INTELLECTUAL PROPERTY RIGHTS
- 7.1 WHISTLER IT SOLUTIONS or its licensers hold all intellectual or industrial property rights (including
database rights) to all materials developed by virtue of the Agreement, such as documentation and offers, as
well as their preparatory materials. The Customer only receives the rights of use and authorisations granted in
these terms and conditions or otherwise expressly granted. Furthermore, the Customer shall refrain from
reproducing or making copies of any material.
- 7.2 WHISTLER IT SOLUTIONS shall indemnify the Customer for any and all legal actions based on a claim that
materials developed by WHISTLER IT SOLUTIONS itself infringe on an intellectual or industrial property right
that is valid in the Netherlands, under the condition that the Customer must notify WHISTLER IT SOLUTIONS
immediately and in writing of the existence and content of the legal claim and must leave the handling of the
case, including any arrangements to be settled, entirely to WHISTLER IT SOLUTIONS.
- 7.3 For the purposes of the above, the Customer shall provide WHISTLER IT SOLUTIONS with the necessary powers
of attorney, information and cooperation to defend itself, if necessary in the Customer's name, against these
- 7.4 This indemnification requirement shall be rendered void if and to the extent that the infringement in
question is related to changes to the materials made by the Customer or third parties on the Customer’s behalf.
- 7.5 If it has been established in court as an incontrovertible fact that the materials developed
by WHISTLER IT SOLUTIONS itself infringe on any intellectual or industrial property rights belonging to a
third party or if there is a reasonable chance that such an infringement exists in the opinion
of WHISTLER IT SOLUTIONS, then WHISTLER IT SOLUTIONS shall (at its own discretion):
Ensure that the Customer is able to continue using the materials provided, or other functionally equivalent
materials, in an unimpeded manner.
- 7.7 WHISTLER IT SOLUTIONS shall not accept any other additional liability or indemnification requirement due
to violation of third-party intellectual or industrial property rights, including liability and indemnification
requirements of WHISTLER IT SOLUTIONS for infringements caused by use of the materials in a form that was
modified by someone other than WHISTLER IT SOLUTIONS, in connection with hardware or software not supplied or
provided by WHISTLER IT SOLUTIONS or in a manner other than that for which the materials provided
by WHISTLER IT SOLUTIONS were developed and intended.
- 8 LIABILITY
- 8.1 WHISTLER IT SOLUTIONS accepts legal obligations to provide compensation for damages to the extent that
this follows from section 8.
- 8.2 WHISTLER IT SOLUTIONS is not liable for damages incurred by the Customer due to shortcomings on the part
of WHISTLER IT SOLUTIONS in the execution of the Agreement. In particular, WHISTLER IT SOLUTIONS is not
liable for damages related to or resulting from: interruptions in or blockage of access to the System or the
Internet, security failures with respect to the Customer’s data in storage, actions of other customers or
Internet users, changes to dial-in numbers, login procedures, Accounts or Email Addresses. However, the total
compensation for direct damages shall not exceed €10.00 in any case. The meaning of ‘direct damage’ shall be
- Reasonable costs incurred in determining the cause and the scope of the damage, to the extent that this
examination pertains to direct damage in the sense of these terms and conditions.
- Reasonable costs incurred to prevent or limit damage, to the extent that the Customer demonstrates that
these costs resulted in limitation of direct damage in the sense of these terms and conditions.
- 8.3 The total liability of WHISTLER IT SOLUTIONS for damages due to death or bodily harm or for damage to
equipment shall not under any circumstances exceed €150.00 per event, where a series of related events shall be
considered a single event.
- 8.4 However, the maximum sums given in clauses 8.2 and 8.3 shall be rendered void if and to the extent that the
damage is the result of deliberate intent or serious misconduct on the part of WHISTLER IT SOLUTIONS.
- 8.5 WHISTLER IT SOLUTIONS shall not accept any liability for indirect damage, including consequential loss,
lost profit, lost savings and damage due to business stagnation. 8.6 The Customer shall only be entitled to
compensation for damages under the condition that the Customer reports the damage in writing
to WHISTLER IT SOLUTIONS as soon as possible after its occurrence.
- 8.7 Any Customers who act in violation of their obligations under the Agreement or these general terms and
conditions shall be liable for all resulting damages incurred by WHISTLER IT SOLUTIONS.
- 9 WHISTLER IT SOLUTIONS SERVICES
- 9.1 For access to the System, WHISTLER IT SOLUTIONS grants the Customer the non-exclusive and non-transferable
right to use the System for the duration of the Agreement.
- 9.2 In exchange for payment under contract from the Customer, WHISTLER IT SOLUTIONS shall provide registration
of domains with Realtime Register B.V.. The selection of the domain name is at the Customer’s discretion and
risk. WHISTLER IT SOLUTIONS does not accept any liability with regard to selection and use of the domain name.
- 9.3 WHISTLER IT SOLUTIONS offers the Customer the option to open a Homepage. WHISTLER IT SOLUTIONS shall
make a limited amount of storage space available for this.
- 9.4 WHISTLER IT SOLUTIONS is entitled to cancel or restrict the Customer’s access to the System if the
Customer exceeds the amount of data traffic agreed to in the Agreement within a calendar month. The Customer is
obligated to pay WHISTLER IT SOLUTIONS a reasonable fee for the amount of data traffic in excess of the
limit. WHISTLER IT SOLUTIONS shall not enact the cancellation or restriction until (5) days after the Customer
is notified of such by WHISTLER IT SOLUTIONS. WHISTLER IT SOLUTIONS is not liable for compensation for any
damages resulting from a cancellation or restriction. The administration of WHISTLER IT SOLUTIONS shall
provide proof of the violation of the data traffic limit, which shall be binding on the parties except for proof
to the contrary from the Customer.
- 9.5 WHISTLER IT SOLUTIONS provides following Web Services ("SERVICES")
the Customer wishes to order, purchase and activate through WHISTLER IT SOLUTIONS the SERVICES
- a. Domain Forwarding,
- b. Mail Forwarding,
- c. Managed DNS,
- d. SSL Certificates,
- e. Hosting ("Hosting Service" ‚ including Budget-, Power, Email-, and Website Builder Hosting)
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for
other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged, WHISTLER IT SOLUTIONS and the Customer, intending to be legally bound, hereby agree as follows:
- i. Customer Election. Customer hereby elects to provide, activate and/or sell the SERVICES
through WHISTLER IT SOLUTIONS.
- ii. WHISTLER IT SOLUTIONS's Acceptance. WHISTLER IT SOLUTIONS hereby accepts Customer's election to
order, activate and/or purchase the SERVICES through WHISTLER IT SOLUTIONS.
- 9.6. TERMS FOR HOSTING SERVICES
- 9.6.1. Rights of WHISTLER IT SOLUTIONS
While certain attributes of the Hosting Service may consist of unlimited resources, Customer recognises
that the Hosting Service is a shared hosting service, and that the WHISTLER IT SOLUTIONS has the right
in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting
Service at any given time without notice in order to prevent degradation of its services, or incase of
any breach or violation or threatened breach or violation of this Agreement, or in
case WHISTLER IT SOLUTIONS learns of a possibility of breach or violation of this Agreement
which WHISTLER IT SOLUTIONS in its sole discretion determines to be appropriate, or to protect the
integrity and stability of the WHISTLER IT SOLUTIONS Products and the Hosting Platform, or to avoid
any liability, civil or criminal, on the part of WHISTLER IT SOLUTIONS and/or Service Providers, or
for any other appropriate reason. The Customer agrees that WHISTLER IT SOLUTIONS and Service
Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates,
of WHISTLER IT SOLUTIONS and Service Providers, are not liable for loss or damages that may result
from any of the above.
- 9.6.2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and
Hosting Platform Users, either directly or indirectly, shall not use or permit use of the Hosting
Services, in violation of this Agreement, and for any of the activities described below -
A. General Terms
(1) For any unacceptable or inappropriate material as determined by WHISTLER IT SOLUTIONS in its sole
discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated
Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites,
IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services
(commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio
Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or
Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid
Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks
Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused
sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or
link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites
(Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and
Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application,
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the WHISTLER IT SOLUTIONS's sole discretion result in damage or
degradation to the performance, usage, or experience of the System, other users, other orders, and any
of WHISTLER IT SOLUTIONS's services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your
website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists
feature rather than using your email account. Upon detection of such mails going through the regular
mailing system, such mails will get classified as spam even though the recipient might have opted in for
receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user
or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due
to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation
would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would
result in suspension of the user sending such mails. Frequent violation would lead to permanent
suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s)
are infected with a virus or malware and such activity could be happening without the user(s) knowledge
or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
- B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Services
may be used by only one company/Customer to host multiple domain names/websites.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is
at WHISTLER IT SOLUTIONS's sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a
high volume of emails, by a user or domain name, in any given period of time.
(9) Violate the above Terms of Usage for a Hosting Service which comprises of the Do-It-Yourself Website
Builder website builder.
- 9.6.3. Package specific Terms of Usage
A. WEBSITE BUILDER
(1) The free package allows only images to be uploaded. Other packages support pdf, doc, xls etc.
Executable files are not permittited
(2) The free package contains Google advertisements (or other network) at the bottom of the website.
(3) Max file uploads with the free package will have a fair use of 10x the number of pages with a
maximum of 1000.
(4) Maximum traffic use per month equals 10x disk size per package payed-for packages . For the free
package maximum traffic is 2 Gig per month. WHISTLER IT SOLUTIONS may choose if the package goes
offline when the limit is reached, or that extra bandwidth will be invoiced at $ 0.25 per Gigabyte.
(5) Email box sizes are standard 200mb and can be adjusted in the range from 100mb to 2048mb. The total
disk size includes all email accounts. Unlimited email addresses have a fair use policy of 100 addresses
per domain name.
(6) Unlimited pages with the unlimited package has a fair use of 1000 pages.
(7) Unlimited disk size with the unlimited package has a fair use of 50 Gig.
(8) Only one domain name per package is allowed.
(1) The Pro package has a fair use maximum of 150 email accounts and 300 GB of disk space.
(2) The free package is in combination with the Roundcube web mail client and contains advertisements in
the user interface.
(3) POP,SMTP and IMAP connectivity is depending on the email package.
C. PERSONAL HOSTING
(1) Unlimited disk space has a fair use of 200 GB.
(2) Mailbox sizes are adjustable in the range 100-2048 MB and are allocated to the total disk space.
(3) No Cronjobs are allowed within the personal hosting packages.
(4) Email accounts have pop3, smtp, and imap support.
D. POWER HOSTING
(1) Mailbox sizes are ajustable in the range 100-2048 MB and are allocated to the total disk space.
(2) Cronjobs are allowed within the Power & Business hosting packages.
(3) Email accounts have pop3, smtp, and imap support.
(4) Unlimited FTP accounts have a fair use of 100 accounts.
- 10 COMPLAINTS
- 10.1 WHISTLER IT SOLUTIONS shall make every effort to handle complaints regarding WHISTLER IT SOLUTIONS
services in an optimal manner and to successfully improve WHISTLER IT SOLUTIONS
services. WHISTLER IT SOLUTIONS is under no obligation to provide personal responses to complaints.
- 10.2 Submission of a complaint leaves the Customer’s other obligations intact.
- 11 SYSTEM ADMINISTRATION
- 11.1 WHISTLER IT SOLUTIONS is entitled, without prior notice, to render the System (temporarily) unavailable
for use or to restrict its use to the extent necessary for the purposes of reasonably necessary maintenance or
necessary changes or improvements to be implemented in the System by WHISTLER IT SOLUTIONS, without the
Customer having any entitlement to claim compensation for damages from WHISTLER IT SOLUTIONS.
- 11.2 WHISTLER IT SOLUTIONS is entitled to make changes at any time to the dial-in numbers, the Login
Procedure, the Account and the Email Addresses, without the Customer having any entitlement to claim
compensation for damages from WHISTLER IT SOLUTIONS. In such cases, WHISTLER IT SOLUTIONS shall notify the
Customer of the changes as soon as possible.
- 12 DURATION AND END OF THE AGREEMENT
- 12.1 The Agreement is always entered into for the term specified in the Agreement. The Agreement shall be
automatically extended by the same term unless one of the parties notifies the other party that it will not be
extending the Agreement by no later than one (1) month before conclusion of the current term. Cancellation is
possible either in writing or by fax, with the understanding that the period of notice will not begin until the
day on which WHISTLER IT SOLUTIONS receives the cancellation.
- 12.2 Without prejudice to the provisions of clauses 12.3 and 12.4, a party shall only be entitled to dissolve
the Agreement if the other party falls short in a culpable manner in the fulfilment of essential obligations
resulting from the Agreement after a written notice of default that is thorough and as detailed as possible and
which sets a deadline for correction of the shortcoming.
- 12.3 If the Customer fails to meet one or more of the obligations arising from the Agreement or these general
terms and conditions, or fails to meet such obligations properly or in a timely manner, or if serious doubts
arise regarding the Customer’s ability to meet the Customer’s obligations to WHISTLER IT SOLUTIONS,
then WHISTLER IT SOLUTIONS shall be entitled, without notice of default or any legal intervention, either to
suspend the agreed WHISTLER IT SOLUTIONS service(s), or to rescind the Agreement in whole or in part,
without WHISTLER IT SOLUTIONS incurring any liability for compensation for damages and without prejudice to
any other rights falling to WHISTLER IT SOLUTIONS.
- 12.4 WHISTLER IT SOLUTIONS shall be authorised, without further notice of default or legal intervention, to
rescind the Agreement effective immediately and suspend the WHISTLER IT SOLUTIONS Services in the event that:
- The Customer has provided WHISTLER IT SOLUTIONS with false and/or incorrect and/or incomplete Personal
Details on the Customer.
- The Customer has entered into the Agreement under false pretences.
- The Customer acts in violation of any of the clauses from 6.1 to 6.8.
- The Customer files for bankruptcy.
- The Customer is granted (temporary or permanent) moratorium of payment.
- The Customer’s enterprise is liquidated or terminated other than for the purposes of restructuring or a
merger of enterprises.
- 12.5 After termination or rescission of the Agreement, the connection to the system provided to the Customer
shall be immediately disabled by WHISTLER IT SOLUTIONS. The Customer shall immediately cease using the System
and WHISTLER IT SOLUTIONS Services.
- 13 SECURITY AND PRIVACY
- 13.1 By entering into an Agreement, the Customer grants WHISTLER IT SOLUTIONS permission to process the
Customer’s Personal Details for the purposes of executing the Agreement and WHISTLER IT SOLUTIONS's
administrative and managerial activities. These Personal Details shall only be accessible
to WHISTLER IT SOLUTIONS and shall not be made available to third parties unless WHISTLER IT SOLUTIONS is
obligated to do so by force of law or a court order.
- 13.2 WHISTLER IT SOLUTIONS shall refrain from accessing the Customer’s (personal) emails and/or files and from
providing them to third parties unless WHISTLER IT SOLUTIONS is obligated to do so by force of law or a court
order, or in the event that the Customer acts (or is suspected to have acted) in violation of any of the clauses
from 6.1 to 6.8 of these general terms and conditions.
- 13.3 If WHISTLER IT SOLUTIONS processes any of the Customer’s Personal Details by means
of WHISTLER IT SOLUTIONS Services, then WHISTLER IT SOLUTIONS shall do so as a Personal Detail processor in
the sense of the Dutch Data Protection Act (Wet bescherming persoonsgegevens (WBP)). The Customer shall meet all
obligations falling to the Customer as the responsible party in the sense of the WBP for this data processing
and shall indemnify WHISTLER IT SOLUTIONS for any legal actions based on failure to meet these obligations.
- 13.4 If the Customer uses WHISTLER IT SOLUTIONS Services to transfer Personal Details to countries outside of
the European Union, then the Customer shall indemnify WHISTLER IT SOLUTIONS for all third-party legal actions
based on the assertion that these Personal Details were handled in violation of the provisions of the WBP.
- 13.5 WHISTLER IT SOLUTIONS shall take appropriate technical and organisational measures to protect the
Personal Details from loss and all manner of improper processing. These measures guarantee a suitable level of
security, taking into account the state of the art and the costs of implementation, in light of the risks
involved in processing and the nature of the data to be protected.
- 14 FORCE MAJEURE
- 14.1 Force majeure shall include all external causes that were not reasonably foreseeable and which result
in WHISTLER IT SOLUTIONS being unable to meet its obligations to the Customer. This includes but is not
limited to disruptions in the connection to the Internet, disruptions in the telecommunications infrastructure
and disruptions in networks as well as non-culpable shortcomings on the part of parties who provide services
to WHISTLER IT SOLUTIONS in the execution of the Agreement.
- 14.2 WHISTLER IT SOLUTIONS shall be entitled to invoke force majeure if the circumstance that impedes
(additional) fulfilment arises after WHISTLER IT SOLUTIONS should have met its obligation.
- 14.3 During force majeure, the performance and other obligations of WHISTLER IT SOLUTIONS shall be suspended.
If the period during which WHISTLER IT SOLUTIONS is unable to meet its obligations due to force majeure lasts
longer than two (2) weeks, then either party shall be authorised to rescind the Agreement without legal
intervention without the other party having any right to claim compensation for damages.
- 15 FINAL PROVISIONS
- 15.1 Any Agreements concluded and these general terms and conditions shall be governed exclusively by Dutch law.
The district court in Zwolle holds exclusive jurisdiction over any disputes arising from or in connection with
Agreements, without prejudice to the parties’ rights to request settlement in summary proceedings.
- 15.2 If a Customer who is not acting in the exercise of an occupation or a business is not in agreement with the
choice of court as per clause 15.1, then the Customer shall be entitled, within a period of one (1) month
after WHISTLER IT SOLUTIONS invokes clause 15.1, to opt for settlement of the dispute by the competent court
according to the law.
- 15.3 Should one or more of the provisions in these general terms and conditions become void or reversible, this
shall not affect the validity of the other provisions. In the event that one or more of the provisions in the
terms and conditions become void, then the parties shall be obligated to adhere to texts that correspond to the
voided provisions as closely as possible without being subject to nullity.