Article 1 Definitions
In these General Terms and Conditions the following terms, both in singular and in plural, each time indicated with a capital letter, have the following meanings:
1.1 Additional Services: The services offered by Myvm and which are specified in the Agreement in addition to the Virtual Private Server services hereinafter VPSdiensten;
1.2 Account: personal section created and managed by the User;
1.3 General Terms and Conditions: these general terms and conditions;
1.4 Services: the services offered by Myvm, including the Additional Services as further described in the offers of Myvm and the Agreement;
1.5 Downtime: an interruption of the Myvm network with total inaccessibility of the Services as a result.
1.6 User: the natural or legal person with whom the agreement to deliver Services from Myvm is concluded;
1.7 Date of use: the date on which Myvm User for the first time enables the use of the Services as specified in the Agreement;
1.8 Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark, patent, design right, trade name rights, database rights and neighboring rights and rights to know-how and eenlijnsprestaties;
1.9 Agreement: the agreement between the parties concerning the delivery of the Services by Myvm;
1.10 Myvm: Myvm B.V. established at (5657 DB) Eindhoven on the Flight Forum 40;
1.11 Myvm Data Center: one of the data centers of Myvm where Myvm will provide the Services to the User;
1.12 Uptime: the given time that the Myvm Services are fully accessible and operational, in which there is no question of Downtime.
1:13 Requirements: by Myvm to User in any way made known user requirements must observe with respect to the Services provided, including but not limited to, technical requirements, minimum requirements, house rules and specifications;
1:14 Confidential Information means all information, in whatever form - written, oral, electronic or tangible - including, but not limited to software (source) code program "s, applications, customer information, know-how, technical specifications and documentation;
1.15 VPS service: service whereby the User has access to a part of Myvm Equipment, connected to the power and network provision and can make use of the allocated storage and computing capacity.
Article 2 Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to all offers, quotations and proposals from Myvm as well as to the Agreement and all other agreements to which Myvm is a party, insofar as the parties have not deviated from these General Conditions in writing. These General Terms and Conditions take precedence over and take the place of other offers, offers and / or proposals from Myvm previously submitted by the Parties as well as general terms and conditions declared applicable to the Agreement.
2.2 If the provisions of these Terms and Conditions conflict with or deviate from one or more provisions from the Agreement, the provisions of the Agreement will prevail.
2.3 General (purchasing) terms and conditions applied by User do not apply to offers, quotations and proposals from Myvm, the Agreement or any other agreement to which Myvm is party, unless and insofar as these have been explicitly accepted in writing by Myvm.
2.4 In the event that both the General Terms and Conditions and the general terms and conditions of the User apply, these General Terms and Conditions shall prevail.
2.5 Myvm is entitled to change these General Terms and Conditions. Myvm will publish the amended General Terms and Conditions at least one month before they become effective. Parties are bound to the amended General Terms and Conditions from the day that they take effect. The User is only entitled to terminate the Agreement with effect from the day on which the amended General Terms and Conditions take effect if the amended General Terms and Conditions constitute a substantial deterioration of the User's position.
Article 3 Establishment of an agreement
3.1 All offers and / or offers made by Myvm are without obligation, unless expressly stated otherwise.
3.2 An Agreement is concluded by written (including by e-mail) confirmation by Myvm of an order from User.
3.3 Electronic communication is deemed to have been received at the moment of sending, unless the contrary is proven by the User. If the communication has not been received as a result of delivery and / or accessibility problems relating to the User's e-mail box, this is at the risk of the User, even if the e-mail box is housed at a third party.
3.4 Myvm reserves the right to refuse, for any reason whatsoever, requests to perform Services.
3.5 User accepts and agrees with Myvm that Myvm will start to comply with the Agreement immediately after the conclusion of the Agreement. The cooling-off period for dissolution of a distance contract as referred to in Section 7: 46d (1) of the Dutch Civil Code ("Dutch Civil Code") is therefore not applicable (as stipulated in Section 7: 46i (5) (a) of the Dutch Civil Code). In the unlikely event that Myvm does not start executing the Agreement immediately after the conclusion of the Agreement, the User has, as far as this consumer is, from the moment the Agreement is concluded seven (7) days the time to dissolve the Agreement free of charge, unless Myvm within the above mentioned seven (7) days with the implementation has begun.
Article 4 Granting Services
4.1 The User is obliged to do what is necessary to make a timely and correct delivery by Myvm possible, among other things by providing complete, correct and clear data on time as well as changes in the information provided for the provision of the Services. , to pass on without delay. For any extra work caused by the User not fulfilling his obligations, the User pays a fee to Myvm on the basis of the usual rates applied by it. Myvm is not liable for any damage caused by Myvm based on data provided by the User.
4.2 Myvm has no knowledge of information and / or data that are distributed by the User and / or customers of the User with the help of the Service. Myvm is not responsible for this information. The User indemnifies Myvm for any damage resulting from the data and / or information that is distributed by the User himself or his customers with the help of the Service.
4.3 Myvm shall perform the Services to be performed by it to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This obligation has the character of an "effort obligation". Myvm does not guarantee that its Services and systems will function without interruption, are reliable and always accessible, unless otherwise agreed between parties (for example in an SLA). Myvm is never liable for damage resulting from faults or changes in the telecommunication and / or data transport systems of third parties.
4.4 If Myvm has granted an SLA to the User regarding the availability and accessibility of one or more of the Services, then the remedies for exceeding the promised availability and accessibility are explicitly the sole remedy for the User. Myvm is in no way liable for damages to the User for exceeding the SLA.
4.5 All (delivery) periods and lead times specified by Myvm, including but not limited to the Date of Use and the Date of Installation, have been determined to the best of our knowledge and will be taken into account as much as possible. However, Myvm is not bound by (delivery) periods and these are therefore not "fatal". By exceeding any (delivery) term, Myvm is not in default or in default. In the event of a (threatening) exceeding of a (delivery) period, the parties will consult as soon as possible in order to take appropriate measures.
4.6 The User guarantees that he has the required permits as well as that he has permission to use the VPS made available by Myvm, to use the software running on it and that he is entitled to perform all activities that he provides with the Services.
4.7 Parties can agree in the interim that the approach, working method or scope of the Agreement and / or the resulting work will be extended or changed. User accepts that the time schedule of the agreement can then be influenced. If the interim change affects the agreed fee or the cost reimbursements, Myvm will notify this User as soon as possible.
4.8 If on the grounds of an amendment to the agreement as a result of extra requests or wishes of User by Myvm additional work must be carried out (additional work), these activities will be charged to the User on subsequent calculation basis on the basis of the then usual rates to User, unless expressly agreed otherwise in writing.
4.9 Myvm reserves the right to change the restriction on the use of data traffic and storage capacity at any time. User will be informed of this as soon as possible but in any case within one (1) month.
4.10 The log files and the other electronic or otherwise administration of Myvm provide full proof of the claims of Myvm, subject to proof of the User.
4.11 In order to use the Services, the User must create an Account in the manner described on the Website. User guarantees to Myvm that he is authorized to create the Account and that the information he provides when creating the Account is complete, truthful and accurate. It is not allowed to create an Account in the name of another person. During the creation of an Account, the User must also enter a user name and password, with which access can be gained to the Account. If User is younger than sixteen (16) years when creating an Account, User must have permission from parents or legal guardian to create the Account. By creating the Account and / or using the Service, the User guarantees to be sixteen (16) years or older or at least have permission from parents or legal guardian.
4.12 User is responsible for keeping the username and password combination secret. User is liable for all use made via the user name and password of the Service. Myvm may assume that User is actually the one who logs in with User's username and password. As soon as the User knows or has reason to suspect that a username and / or password has come into the hands of unauthorized persons, User must inform Myvm, without prejudice to his own obligation to immediately take effective measures himself, such as changing the password. . 4.13 Myvm reserves the right to change the login procedure, the password and / or the user name of the User if it deems this necessary in the interest of the functioning of the Service. User names will in any case be removed and / or taken back if they infringe on any rights of third parties or are otherwise deemed undesirable by Myvm.
4.14 User guarantees that he meets the Requirements.
Article 5 Indemnities
5.1 Without prejudice to any other remedies that Myvm has, User will indemnify Myvm against claims that are in any way related to a shortcoming in the fulfillment of the Agreement by the User, tort or any other act and / or omission of the User including but not limited to claims from third parties with respect to content made public by the User with the help of the Service or claims arising from the use of the Services by the User.
Article 6 Guarantees
6.1 The User warrants that (the performance of) the Agreement, nor the actual and / or legal acts performed by the User using the Services of Myvm, infringe any subjective right of a third party, or on any legal rule, irrespective of which legal system originating.
6.2 If Myvm, in any way whatsoever, becomes aware of a possible unlawful act or of possibly punishable conduct of the User or its customers, it is entitled to suspend the Services in full or in part until it is established in law used to be. Unlawful or punishable behavior of the User and / or its customers, regardless of whether it happens in the knowledge of User and / or its customers, also includes: i) acting in violation of (Intellectual Property) rights of third parties; ii) sending spam and bulk messages; iii) hacking, IP spoofing, phishing, password cracking, phreaking, computer trespassing and computer fraud; iv) overloading the network of Myvm or third parties; v) running IRC-related services (such as, but not limited to, IRC servers, IRC shell hosting, bouncers, clients, eggdrops, etc.) vi) distributing child pornography; (vii) hosting of pornographic content (viii) disseminating unlawful information with racist or discriminatory content; (ix) storing information that is unlawful in any way; or otherwise violate any relevant laws and / or regulations.
6.3 If the User becomes aware and / or suspects that third parties act unlawfully towards the User, Myvm and / or third parties by means of the Services, including but not limited to the actions mentioned under 6.2, the User shall immediately take all necessary measures. to (have to) stop this unlawful action, without prejudice to the rights of Myvm to take measures itself.
6.4 If it is established in court that there is indeed an unlawful and / or punishable act of the User and / or its customers, Myvm is entitled to dissolve the Agreement. If there is no question of unlawful and / or punishable action, Myvm will again render the Services. Myvm is never liable for any damage of User caused by the suspension of Services, even if it is established that there was no question of unlawful or punishable acts.
6.5 Any damage and / or costs incurred by the User as a result of and / or arising from acts of other users and / or third parties, including but not limited to the actions referred to in Article 6.2, shall be for User's own account. Myvm accepts no liability for this.
6.6 The User's obligations, for example those for payment of the agreed remuneration, remain in effect during the period that Myvm suspends its services.
Article 7 Liability
7.1 Myvm is not liable for any damage caused by an (attributable) shortcoming, wrongful act or otherwise, except in the following paragraphs of this article, in the context of the formation and / or performance of the Agreement.
7.2 If Myvm is liable towards User for any damage, on any grounds whatsoever, the amount of the resulting compensation is limited to the amount actually paid by Myvm's insurance in the relevant case. If Myvm's insurance is not paid out for any reason whatsoever, articles 7.3, 7.4 and 7.5 apply to the determination of the amount of the compensation.
7.3 Myvm is only liable for direct damage (as described below) that User suffers as a result of a shortcoming and / or unlawful act attributable to Myvm up to an amount equal to the reimbursements that Myvm has paid during a period of three (3) months prior to the event from which liability arises has been paid, whereby the total liability under the Agreement will never exceed EUR 1,000 (thousand Euro).
7.4 Direct damage is exclusively understood to mean: i) material damage to property; ii) reasonable costs incurred to prevent or limit direct damage, which may be expected as a result of the event on which liability is based; iii) reasonable costs incurred to determine the cause of damage, liability, direct damage and the method of recovery.
7.5 Any liability of Myvm other than for direct damage, including consequential damage, is excluded. In this context, consequential damage is in any case understood to mean: loss of profits, missed savings, reduced goodwill, loss due to business stagnation, losses, costs incurred to prevent or establish consequential loss, loss, exchange or damage to electronic data and / or damage due to delays in the transport of data traffic and all other damage than those mentioned in Article 7.4.
7.6 This article in no way limits Myvm's liability for damage resulting from intent or deliberate recklessness on the part of Myvm itself ("own actions") and / or its management.
7.7 Liability of Myvm due to imputable shortcoming in the fulfillment of the Agreement and / or unlawful act only arises, if the User promptly and in writing gives Myvm a notice of default, whereby the User gives Myvm a reasonable term to still fulfill its obligations, and Myvm as well after the expiry of that term, accountable in the fulfillment of its obligations remains inadequate. The notice of default must contain as detailed a description as possible of the shortcoming, so that Myvm is able to respond adequately.
7.8 Any right to compensation pursuant to this article will lapse if not within fourteen (14) days after the moment at which the damage occurred a legal claim has been instituted by or on behalf of the User.
Article 8 Insurance
8.1 User has adequately insured and will keep himself adequately insured for civil liability and professional liability during the term of the Agreement.
8.2 The User will provide Myvm with access to the insurance policies on first request.
Article 9 Intellectual Property Rights
9.1 Nothing in the Agreement extends to the transfer of any Intellectual Property Rights from one party to the other party. The provision of Confidential Information to the User does not in any way result in a transfer of Intellectual Property Rights that rest on the Confidential Information to the User.
Article 10 Payments
10.1 Unless expressly agreed otherwise in the Agreement, payment for the Services will be made in advance by means of direct debit or alternative payment options available. If payment is made by means of alternative available payment options, Myvm is entitled to charge administration costs per transaction. If payment is made via direct debit, User will ensure a sufficient bank or giro balance so that the amount due can be collected. User is also responsible for the correctness of the provided bank details, including but not limited to the account number and the name.
10.2 If it is expressly agreed in the Agreement that payment does not take place by direct debit or alternative available payment options, User will pay by bank giro within the period stated on the invoice or agreed upon. If no payment term is stated or agreed, the payment will be made by the User within fourteen (14) days after the invoice date. Unless otherwise stated, all prices are in Euro and excluding VAT.
10.3 Myvm is entitled during the term of an Agreement to increase the prices for its Services annually, with effect from 1 January, in accordance with the price index of the previous calendar year, as published by Statistics Netherlands (Consumer Price Index "All households"), plus highest 15%. Myvm is entitled to carry out the cost increase at a later date if it considers it desirable from an administrative point of view.
10.4 Apart from the case mentioned in Article 10.3, Myvm is also entitled to increase the prices for its Services if there is an increase in the costs to be incurred by Myvm. Myvm shall notify this price increase no later than one (1) month before the date on which the price increase takes effect.
10.5 Unless expressly agreed otherwise, Myvm will: i) charge installation costs, activation costs and other one-off costs from the date of signature of the Agreement; ii) reimburse all recurring charges from the Date of Use or the date of signature of the Agreement, whichever is the earlier, monthly in advance; iii) Charge Additional Services monthly in arrears.
10.6 Any appeal by User on suspension, set-off or deduction is not permitted, unless User is a consumer.
10.7 Myvm is always entitled to invoice the User prematurely and / or on the basis of advances or to demand security for performance by the User.
10.8 If the direct debit fails because the balance is insufficient, reversed and / or otherwise failed, User will automatically be notified of this. In such a case, Myvm will try to collect the amount owed once more or more by direct debit. If the direct debit has failed two or more times and / or has been reversed, Myvm User will send an invoice with the request to pay the amounts due as soon as possible by bank transfer. In addition to the amounts already due, administration costs of EUR 15 (fifteen euros) excluding VAT will be charged. If the User's direct debit has failed in the past, for whatever reason, an invoice will be sent to the User in the next unsuccessful direct debit, after the first failure, in which the aforementioned administration costs are included.
10.9 If the parties have not explicitly agreed on an automatic collection, and User has not paid the payment within the period stated in article 10.2, Myvm will send a User a reminder in which Myvm reserves the right to pay in addition to the agreed amounts administration costs of EUR 15 ( fifteen Euro) plus VAT. This invoice must be paid by the User within the period specified therein.
10.10 If User does not pay the payment within the period referred to in Article 10.8 and 10.9, Myvm User will send a reminder for the relevant amount in addition to the amounts referred to in Articles 10.8 and 10.9 also reminder costs of EUR 25, - (twenty-five Euro) excl. VAT will be charged.
10.11 From the moment that the direct debit is refused and / or reversed for the first time and / or if no direct debit has been agreed and / or the User does not pay any invoice from Myvm within the payment term, he is automatically in default, without any notice of default or summons is required.
10.12 If the User remains in default after the reminder referred to in Article 10.10 to pay the amount due, plus the administration costs and reminder costs, Myvm has the right to: i) immediately terminate the Agreement extra-judicial, to cease the provision of the Services and to suspend all Removing services and accounts, and associated Accounts, on the understanding that there is no obligation to make an undistribution and that the amounts owed by User remain due and payable; and / or ii) hand over the claim for collection. In that case, the User is obliged, in addition to payment of the principal sum and administration costs and payment costs that are due, to compensate all extrajudicial and possibly judicial costs, explicitly in addition to any costs determined in court. The amount of the extrajudicial costs is at least 15% of the principal sum, with a minimum of EUR 250 (two hundred and fifty euros).
10.13 If Myvm has had to incur costs, which costs Myvm reasonably could incur, which exceed the collection costs shown in the previous paragraph, the User must also pay these costs to Myvm.
10.14 Myvm is entitled to demand security for payment in a form to be chosen by Myvm, including but not limited to the provision of a bank guarantee. In such a case Myvm will only deliver the Services or resume the provision of the Services after the desired security has been obtained.
10.15 If the parties have agreed that the User will pay the fees by means of direct debit, Myvm will be entitled to charge an administrative fee, without prejudice to other costs that the User must pay pursuant to this Article 10 if: i) User the direct debit has stopped and / or ended; and / or ii) payment to Myvm has been reversed more than one (1) time.
Article 11 Closure of Services
11.1 Myvm is entitled to immediately suspend and suspend the delivery of the Services if: i) User has not paid the invoice within the period specified in Article 10.1 or 10.2 and the amount together with the interest as stipulated in Article 10.8 does not comply within seven (7) days after it has been informed of this shortcoming. ii) if the User runs software and / or scripts on his or her web hosting and / or VPS which leads to endangering the Myvm network.
11.2 Interrupting and / or suspending the Services, Myvm's right to terminate the Agreement or the taking of any other remedy at its disposal, is without prejudice.
11.3 After interruption and / or suspension of the Services or the denial of access pursuant to article 13, Myvm is entitled to charge a reactivation fee of EUR 50 (fifty euros) excluding VAT, in respect of the administrative costs. costs of Myvm in the context of interruption and / or suspension or denial of access and - if necessary - resuming the provision of the Services.
Article 12 Interruptions
12.1 Immediately after a Downtime has been established, the User will notify Myvm by e-mail of the Downtime and provide information about: i) the nature of the Downtime; ii) the Services affected by the Downtime; iii) the name of the User's company; iv) the name, telephone number and e-mail address of the User's contact person and vi) any instructions for Myvm employees.
12.2 After the User has reported in accordance with article 12.1, Myvm will provide an estimate for the recovery of the Downtime and endeavor to terminate the Downtime as soon as possible.
12.3 User can only call upon response and recovery times if he has concluded an SLA. If an interruption falls outside the SLA, then the applicable rate of Myvm will be charged.
12.4 Instead of restoring the Service, Myvm is entitled to replace the Service with another reasonably comparable service.
12.5 If Myvm can not repair the Downtime and also can not offer a replacement service to the User, resulting in continuously more than two (2) hours of Downtime on a Service, the User is entitled to compensation in the form of a pro rata credit of the costs paid in respect of the Services to which the Downtime relates, on the condition that the impossibility to repair the Downtime is not caused by force majeure (article 20) or any actions or omissions of the User.
12.6 For VPS services a 99.99% Uptime guarantee applies. If, in a given calendar month, there is no Uptime of Uptime on VPS services that the User purchases, the User is entitled to compensation in the form of a credit of the paid costs for the time in which the Uptime was not reached, in minutes (to below rounded), times 100 (one hundred). For this crediting a maximum of all costs paid with regard to the VPS services for the given calendar month in which the Uptime guarantee is not met, and the condition that the impossibility of restoring the Uptime is not caused by force majeure (article 20) or any doing or neglecting User.
12.7 User will only grant the rights granted in this article in the case of Downtime. Any other rights, including but not limited to the right to compensation, are explicitly excluded.
Article 13 Maintenance
13.1 Myvm reserves the right to suspend Services if it considers this necessary in the context of maintenance. User therefore acknowledges that the performance of maintenance may cause interruptions in the provision of the Services. Myvm may, among other things, carry out the following actions: checking files and / or data for signals of unsafe or illegal acts, computer attacks and computer viruses.
13.2 In so far as Myvm complies with the provisions in Articles 12 and 13, interruptions due to maintenance will not qualify as Downtime.
13.3 If Myvm expects the maintenance to negatively affect the provision of the Services to User, Myvm: i) will endeavor to inform User seven (7) days prior to its maintenance. ii) if possible, have the maintenance take place between 23:00 and 5:00 Dutch time in order to minimize the negative effect on the provision of the Services; and iii) endeavor to keep any interruption of the Services as limited as possible.
13.4 Myvm reserves the right to (i) make changes to the technical characteristics of the Services, (ii) changes in the data and telecommunications network or (iii) any other changes with respect to the Services. Myvm is not liable for any damage that arises as a result of the changes as referred to in this article.
13.5 Myvm only installs patches and updates for the software that it makes available to the User. Myvm makes an effort to install patches and updates as quickly as possible. Liability of Myvm for the not timely or improper installation of patches and updates is explicitly excluded.
13.6 Myvm shall be entitled to deviate from the provisions of this article 14 without prior notice if Myvm "s opinion involves an emergency situation which necessitates the immediate performance of maintenance activities which may lead to any interruption of the Services or denial to the Data Center and / or the Colocation Space.
Article 14 Relocation
14.1 Myvm is entitled to move the Myvm Data Center and / or the Colocation Space, as well as to interrupt the Services in the context of such a relocation.
14.2 User acknowledges and agrees that any interruption in the provision of the Services as a result of a removal as referred to in this article, does not qualify as Downtime if Myvm User has notified in writing thirty (30) days prior to the removal thereof. .
14.3 The costs that the User must incur as a result of the relocation will be at the expense of the User unless the parties have agreed otherwise in writing.
Article 15 Exceeding data limit VPS
15.1 Myvm enables User to purchase a certain amount of data traffic. This decrease of data traffic will be charged to the User by Myvm in the manner stated in the Agreement. The Agreement stipulates the permitted data traffic per month.
15.2 If the User does not fully utilize the maximum amount of data traffic per month allowed to him, he can not take the remainder with him to the next month and no refund will be made.
15.3 If the User exceeds the amount of data traffic allowed to him, Myvm will charge EUR 1.50 (one Euro and fifty EUR cents) to the User for each GB gigabytes per GB, rounded upwards. The billing of this extra fee takes place once a month.
15.4 Notwithstanding article 4.3 of these General Terms and Conditions, Myvm does not guarantee a minimum speed with regard to data traffic.
15.5 Notwithstanding article 4.3 of these General Terms and Conditions, Myvm does not guarantee uninterrupted supply of electricity.
15.6 In case of exceeding the amount of data traffic or current limit, Myvm User will be able to upgrade the package of User to a heavier package. When the User accepts this offer, the costs for overuse expire.
15.7 If the User accepts the offer to upgrade his package in the event of exceeding data traffic, the rate for the new package is calculated from the month that the excess was made.
Article 16 Duration and termination
16.1 An Agreement commences on the date on which Myvm has accepted the quotation and / or order signed by the User in accordance with the provisions of article 3, and applies to the term included on the Myvm Website. Contrary to what is stipulated in article 16.1, interim termination of the Agreement by user is not possible.
In that case, the User has the right to terminate the Agreement with due observance of a notice period of one (1) month. Any costs incurred by Myvm on behalf of the User (i) or (ii) no longer to be canceled, after the Agreement has entered into force, will not be refunded as a result of the cancellation, or at least remain due after the termination.
16.2 Without prejudice to the provisions of Article 16.1, Myvm has the right to terminate with a notice period of thirty (30) days if Myvm has received notice from its landlord or landlord that the lease of the location where the Myvm Data Center is located is terminated and Myvm can not find an alternative and suitable other data center within thirty (30) days.
16.3 Parties can terminate the Agreement with immediate effect without notice of default or judicial intervention if: i) the bankruptcy of the other party is applied for or pronounced; (ii) the other party applies for suspension of payment, or is granted to it; (iii) the other party, by seizure or otherwise, loses control over its assets or a substantial part thereof;
16.4 The Parties are entitled to dissolve the Agreement extrajudicially if the other party fails attributably in fulfilling obligations under the Agreement and if he fails to do so, after having been given a proper written notice of default within fourteen (14) of the occurrence of the shortcoming, does not recover within a reasonable time.
16.5 Without prejudice to the provisions of articles 16.4 and 16.5 and elsewhere in these General Terms and Conditions, Myvm has the right to dissolve the Agreement immediately, without the intervention of the court and without being liable to pay damages to the User if: i) after the conclusion of the Agreement to Myvm learns of circumstances giving good ground to fear that the User will not fulfill its obligations; and / or ii) User has not provided the security required by Myvm pursuant to Article 10.7 or this security is insufficient.
16.6 If the User has already received performance for the performance of the Agreement at the time of dissolution as referred to in this article, these performances and the related payment obligations will not be subject to undoing. Amounts that Myvm has invoiced before the dissolution in connection with what it has already properly performed or delivered in order to execute the Agreement remain due in full to the provisions of the previous sentence and will become immediately due and payable at the time of the dissolution.
16.7 If User does not terminate his VPS Agreement, it is automatically extended to an Agreement for the term on which the Agreement was initially entered into.
16.8 Termination of contracts with regard to VPS services, takes place directly via the control panel. For cancellations, a notice period of 1 month applies.
Article 17 Consequences of termination
17.1 Immediately after termination of the Agreement, in any way whatsoever: i) Myvm ceases to provide the Services to the User; and ii) all amounts owed by the User become immediately due and payable; and iii) Myvm reserves the right to notify the User's customers of the termination. Only if and to the extent required by law, the User hereby grants Myvm permission to inform customers of this.
17.2 If the User terminates the Agreement in violation of Article 17 and / or if Myvm dissolves the Agreement on the basis of Article 16.5 or 16.6, the User will, within fourteen (14) days: i) reimburse Myvm for all termination costs for the termination of the Services; and (ii) without prejudice to any other rights Myvm has - to pay Myvm 100% of the actual or estimated costs for the remaining months in the current term of the Agreement.
17.3 Termination and / or dissolution in no case results in a refund of fees already paid.
Article 18 Confidentiality
18.1 The User will treat all Confidential Information that it obtains from Myvm as strictly confidential and keep it secret.
18.2 The User will only use the Confidential Information for the purposes for which it has been provided to the User and will at least observe the same duty of care and guarantee that applies to its own internal confidential information. The User will only provide the Confidential Information to employees insofar as this is necessary within the framework of the Agreement.
18.3 The confidentiality obligations of the Confidential Information do not apply to the extent that the User can demonstrate that the information concerned: i) was already known to him at the time of receipt; (ii) was already publicly known at the time of receipt; iii) has become publicly known after receipt without being attributable to the User; (iv) has been lawfully received from a third party together with the right to disclose it free of any obligation of confidentiality; v) must be provided by law or regulation or pursuant to a court order and the User has informed Myvm of such mandatory disclosure; vi) has been made public with the approval of Myvm.
Article 19 Transferability
19.1 The User can not sub-license or transfer the rights and obligations under the Agreement to a third party, unless Myvm expressly agrees to this in writing.
19.2 Myvm can (sub) license and / or transfer the rights and obligations arising from the Agreement to a third party without the User's consent. 19.3 Myvm may engage third parties for the execution of the Services, on the understanding that Myvm remains responsible for the execution thereof.
Article 20 Force majeure
20.1 There is no question of an attributable shortcoming in the performance of the Agreement by Myvm in the event of force majeure.
20.2 Force majeure includes, among other things, sickness of employees and / or absence of crucial employees for the delivery of Services, interruptions of the supply of electricity insofar as this can not be absorbed by the back-up capacity, strikes, riots, government measures, fire, natural disasters, floods, shortcomings of Myvm suppliers, disruptions in connection with internet, hardware failures, disruptions in (telecommunication) networks and other unforeseen circumstances.
20.3 If the force majeure continues for at least thirty (30) days, both parties are entitled to dissolve the Agreement, without the dissolving party being obliged to pay compensation for any damage in respect of this dissolution.
20.4 If Myvm can still partially perform or have performed at the time of the force majeure, it will be entitled to perform this service and to invoice it separately, as if it were a separate Agreement.
Article 21 Other provisions
21.1 If one or more provisions of the Agreement and / or General Terms and Conditions become or become non-binding, the remaining provisions will remain in full force. The parties undertake to replace a non-binding provision with a provision that is binding and that deviates as little as possible from the non-binding provision.
21.2 Dutch law applies to the (legal) relationship between Myvm and the User.
21.3 The parties will exclusively submit all disputes arising from the legal relationship referred to in the previous paragraph to the competent court in Eindhoven, except insofar as any mandatory provision dictates otherwise.