General conditions

• Article 1: General provisions
• Article 2: Term and termination
• Article 3: Domain name registration, purchase of other products and renewals
• Article 4: Prices
• Article 5: Software delivery
• Article 6: Unauthorized use
• Article 7: Liability
• Article 8: Personal data processing
• Article 9: Various
• Article 10: Applicable law and exclusive competence
• Article 11: Intellectual property rights

Article 1: General provisions

Netbulk Group NV ("Netbulk") is only committed to the customer's order after explicit and written acceptance by Netbulk. These general conditions (the "General Conditions") are applied by Netbulk for delivery of services, as well as for selling products. The General Conditions are accepted by the customer by filling out the order form or by giving an order. The General Conditions 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 Netbulk.

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.
Netbulk reserves the right to terminate the agreement after each period of one (1) year if the yearly turnover of the customer is lower than 500 euros excl. VAT and/or if the customer has less than 50 domain names in his portfolio at Netbulk.
Upon termination of the contract, the customer can get the remaining credit back upon payment of 250 euros (administrative flat fee).

Article 3: Domain name registration, purchase of other products and renewals

Netbulk registers most domain names in the capacity of official agent for the extension of interest. The different extensions are managed by various national extensions. By registering a domain name, you agree with the general conditions pertaining to the extension of interest.
The customer is responsible for renewing the domain names and other services, like SSL certificates and software licences. When placing the initial order, the customer can choose between one (1) or ten (10) years. After expiry of that term, services are automatically renewed for one (1) year, unless the customer resigns his subscription to those services via the control panel before the expiry date.
Costs related to the acquisition and renewals of services are subtracted from the outstanding customer credit. The customer indeed has the possibility to deposit credit in advance on his account. It is the responsibility of the customer to check whether this credit is sufficient for future registrations and renewals. If the credit is insufficient, Netbulk reserves the right to refuse new registrations and/or not to perform renewals. Netbulk can under no circumstance be held accountable for the consequences this entails.

Article 4: Prices

All prices mentioned by Netbulk on the website and in the control panel are excluding VAT (21%). Netbulk reserves the right to change prices, for both registrations and renewals, at any time. All prices mentioned are subject to material errors. Netbulk cannot be obliged to deliver according to these conditions in case of material errors.

Article 5: Software delivery

When placing an order, the customer acknowledges to be sufficiently informed by Netbulk about the possibilities of the delivered software. The customer will fulfil the directions of use of standard software, which is not developed by Netbulk, but is given to the customer in license (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 Netbulk's liability. An agreement with Netbulk is never accompanied by any intellectual transfer of property with reference to any software, unless explicitly agreed upon. As the case may be, Netbulk or its license provider remains full and exclusive owner of the software.

Article 6: Unauthorized use

The customer should never use the delivered services or facilities - including offered storage place - for encroachment, causing damage or nuisance with respect to Netbulk or third parties. Neither should the customer's activities give cause to this. De customer assures that there is no indictable and/or encroaching data, file, programs, meta-tags, hyperlinks, deep links or comparable information on Netbulk's hardware. On first request by Netbulk, the customer will protect Netbulk against the above (lawyer costs inclusive) and will intervene on his own costs in each related procedure against Netbulk. The use of Warez, MP3 sites and/or other sites with illegal software is forbidden. Spamming is strongly forbidden on all of Netbulk's available hardware and systems and will result in immediate closing. The customer assures to comply immediately with any request from Netbulk 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 Netbulk. As an example, Netbulk does not allow pornographic material on its servers; neither does it allow illegal MP3-sites or sites which offer things that are inconsistent with public order or morals. Activities, that encroach protected work or that are punishable (according to the Informatics Criminality Law), can not be exercised on Netbulk servers.

Article 7: Liability

Under no circumstances will Netbulk 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. Netbulk can not be held responsible for eventual Internet connection failures caused by technical or other failures (inside as well as outside the Netbulk network). The customer is solely liable for the proper use of the product, service or software, taking into account the Netbulk specifications, Netbulk documentation and Netbulk instructions. With regard to the customer, Netbulk will only be liable for proven damages, resulting from commitments which are mentioned in the Netbulk agreement (i.e. exclusion of any other implicit or non-written commitment). Netbulk's liability according to a Netbulk 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 revertive 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 8: Personal data processing

In order to be able to execute its agreements, Netbulk (as responsible for processing) gathers personal data from its customers. Netbulk may use this data for direct marketing purposes. This allows Netbulk to inform the customer regularly about its activities. If the customer does not want his data being used for this purpose, he should send an e-mail to: administration@netbulk.com. The customer can consult his personal data and he can correct or change it by sending a mail (with date and signature on it) to administration@netbulk.com. The customer's personal information will under no circumstances be forwarded to third parties. Netbulk has the right to change this privacy regulation at any time, in conformity to the law of December 8, 1992 on the protection of privacy in relation to the processing of personal data.

Article 9: Various

The customer's rights and obligations, resulting from a Netbulk agreement, cannot be transferred to third parties (neither partly nor totally) without prior written permission from Netbulk. When (the execution of) a stipulation in a Netbulk 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 customer such as addresses, phone numbers or e-mail addresses should be communicated by the customer to Netbulk in due time.

Article 10:Applicable law and exclusive competence

Belgian law is applicable to all Netbulk agreements. Any issue resulting from a Netbulk agreement will exclusively be dealt with in the courts of Brussels.

Article 11: 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 Netbulk and the customer or anything that comes from the agreement are solely property of Netbulk or its suppliers. Any product or service supplied by Netbulk or its suppliers will ever lead to transference of intellectual property right to the customer.
The customer has only a nonexclusive and non-transferable right to use the products and services for the agreed purposes. 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 Netbulk products and/or services supplied by Netbulk and/or it's suppliers without explicit written authorization by Netbulk.
The customer will never remove or alter any indications of author rights, brands, brand names or other rights of intellectual property of Netbulk and/or its suppliers.
Netbulk 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 and/or results of the services have been altered and/or if they are delivered in combination with products from third parties, unless the customer can prove in the last-mentioned case that the claims from third parties are exclusively related to the products and/or the results of the services delivered by Netbulk.

06/03/2010