Article 1: General
AQ Hosting is only committed to the customer's order after explicit and written acceptance by AQ Hosting. These terms of service (the "Terms of Service") are applied by AQ Hosting for delivery of services , as well as for selling products. The Terms of Service are accepted by the customer by filling out the order form or by giving an order. The Terms of Service and any specific agreement constitute the full and only agreement between both parties and replace any previously (oral or written) made agreement, proposal, promise or announcement concerning the subject of the specific agreement. Deviating customer conditions are not applicable and are not adversative to AQ Hosting.

Article 2: Term and termination
Except if something else has been agreed in the order/mission, the specific agreements are valid for a period of one (1) year. Thereafter, they shall be automatically renewed for a subsequent period of one (1) year, except to the extent either party issues a written notice of its intention not to renew it at least one (1) month prior to the expiration of the term then in effect.

Article 3: Prices
Prices mentioned in AQ Hosting proposals are always without liability, unless explicitly mentioned that they are definite. The definite proposal prices are only valid for 14 days. All prices are without VAT and based on a payment per year.

Article 4: Terms of delivery, payment and protest
The AQ Hosting delivery terms are indicative and not binding, unless explicitly agreed upon. The terms are always expressed in working-days. A customer cannot cancel his order or receive any compensation for damage because of a delay in delivery. The customer should announce any delivery complaint - no matter of which nature - by registered letter to AQ Hosting within 8 working-days after delivery of the products or within 8 days after the starting date of the delivery of services. Complaints about delivery of products or services cannot be used to suspend or to delay payment. A customer can only oppose to an invoice and its content (amounts, products, services) in written within 7 working-days starting from the invoicing date. Invoices are payable within 8 days starting from the invoicing date. If an invoice is not paid in time, by right and without any formal notice, a contractual interest of 1% per month is due. Any late payment by the customer will automatically incur an extra charge of 10%, with a minimum of 50 euros.

Article 5: Software delivery
When placing an order, the customer acknowledges to be sufficiently informed by AQ Hosting about the possibilities of the delivered software. The customer will fulfil the directions of use of standard software, which is not developed by AQ Hosting, but is given to the customer in licence (within the framework of the agreement). The customer acknowledges only to use the software per his own internal company processes. Use by a third party for the customer's company processes is prohibited. Any eventual infraction to these conditions can never lead to AQ Hosting's liability. An agreement with AQ Hosting is never accompanied by any intellectual transfer of property with reference to any software, unless explicitly agreed upon. As the case may be, AQ Hosting or its licence provider remains full and exclusive owner of the software.

Article 6: Domain name registration
The registration of domain names is done according to the rules of the relevant entity that is responsible for the registration of domain names (e.g. DNS Belgium vzw). The client took notice and accepts the terms of service for the registration of domain names, available on the website of AQ Hosting and declares that AQ Hosting has informed him about these general conditions . AQ Hosting is in any event never liable for the registration of domain names in bad faith by third parties, the registration of domain names at the request of the client which would be a violation of the rights of third parties, etc... The client will always hold AQ Hosting harmless.

Article 7: Unauthorised use
The customer should never use the delivered services or facilities - including offered storage place - for encroachment, causing damage or nuisance with respect to AQ Hosting or third parties. Neither should the customer's activities give cause to this. The customer assures that there is no indictable and/or encroaching data, file, programs, meta-tags, hyperlinks, deeplinks or comparable information on AQ Hosting's hardware. On first request by AQ Hosting, the customer will protect AQ Hosting against the above (lawyer costs inclusive) and will intervene on his own costs in each related procedure against AQ Hosting. The use of Warez, MP3 sites and/or other sites with illegal software is forbidden. Spamming is strongly forbidden on all of AQ Hosting's available hardware and systems and will result in immediate closing. The customer assures to comply immediately with any request from AQ Hosting as well as with any reasonable request from a third party to remove and/or adapt the own content. The customer relinquished his right to claim any indemnity from AQ Hosting. As an example, AQ Hosting does not allow illegal MP3 or movie sites. Activities, that encroach protected work or that are punishable (according to the Informatics Criminality Law), cannot be exercised on AQ Hosting servers.

Article 8: Uptime Guarantee
If your web hosting server has a physical downtime that is not within the guaranteed 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of AQ Hosting dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact our support team with justification. All requests must be made in writing via email.

Article 9: Account Setup
We will setup your account after we have received and processed your payment. It is your responsibility to provide us with a valid email address, not using an email address created with one of the domain names you have running with AQ Hosting. It is your responsibility to ensure the email address is current or up to date at all times. If you have a domain name registered with AQ Hosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. AQ Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

Article 10: Liability
Under no circumstances, AQ Hosting will be liable for any indirect damage, such as commercial or financial losses, loss of data, loss of reputation, profit or turnover loss, loss of customers and losses resulting from legal proceedings instituted by third parties against the customer. AQ Hosting cannot be held responsible for eventual Internet connection failures caused by technical or other failures (inside as well as outside the AQ Hosting network). The customer is solely liable for the proper use of the product, service or software, taking into account the AQ Hosting specifications, AQ Hosting documentation and AQ Hosting instructions. With regard to the customer, AQ Hosting will only be liable for proven damages, resulting from commitments which are mentioned in the AQ Hosting agreement (i.e. exclusion of any other implicit or non-written commitment). AQ Hosting's liability according to an AQ Hosting agreement shall - per claim or a series of claims and resulting from the same fact/cause - in any case not exceed the total amount of the customer's invoice and the purchase price amounts or service costs (i.e. installation costs excluded) for a period of three (3) month, prior to the incident and related to the specific project, related to the claim.

Article 11: Various
The customer's rights and obligations, resulting from an AQ Hosting agreement, cannot be transferred to third parties (neither partially nor totally) without prior written permission from AQ Hosting. When (the execution of) a stipulation in an AQ Hosting agreement is not enforceable for any party, at any level, this will not be derogatory to the other stipulations in the agreement. Any change to the contact details of the client such as addresses, phone numbers or e-mail addresses should be communicated by the client to AQ Hosting in due time.

Article 12: Applicable law and exclusive competence
Belgian law is applicable to all AQ Hosting agreements. Any issue resulting from an AQ Hosting agreement will exclusively be dealt with in the courts of Ghent.

Article 13: Intellectual property rights
All rights of intellectual property concerning products or services as well as designs, software, documentation and all other materials that are being developed and/or used in preparation or execution of the agreement between AQ Hosting and the customer or anything that comes from the agreement are solely property of AQ Hosting or its suppliers. Any product or service supplied by AQ Hosting or its suppliers will never lead to transference of intellectual property right to the customer. The customer is only allowed to use the products and services as stated in the agreement between AQ Hosting and the customer. The customer is obliged to abide the conditions stated in the agreement, the general conditions and possible other conditions agreed upon during the initial agreement. The customer will never publish, copy or transfer any AQ Hosting products and/or services supplied by AQ Hosting and/or its suppliers without explicit written authorization by AQ Hosting. The customer will never remove or alter any indications of author rights, brands, brand names or other rights of intellectual property of AQ Hosting and/or its suppliers. AQ Hosting vouches to grant the customer the user rights and frees the customer of possible claims by third party companies. This is not applicable when products or services are not solely an AQ Hosting product unless the customer can prove it's only applicable to a certain part of the product that is solely an AQ Hosting product.

Article 14: Changes to the Terms of Service
AQ Hosting reserves the right to revise its policies at any time without notice.


24/07/2012