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Openprovider agreement

Agreement between

Hosting Concepts bv / Openprovider, Nieuwe Binnenweg 137, 3014 GJ Rotterdam, Nederland
- hereafter called: OPENPROVIDER

and

you or your company as a reseller of Openprovider
- a Registrar Service Provider
- hereafter called: RSP

Definitions

Customer
A natural person, company or public body that registers through the RSP at OPENPROVIDER website.

The OPENPROVIDER website
https://www.openprovider.nl

Preceding remark:
OPENPROVIDER offers the use of their automated registration system at the RSPs? disposal, in order to make it possible for the RSP to register and to manage domains.

 1.
Domain, nameserver and the required personal and company information are kept up to date in the OPENPROVIDER system and are only given to parties involved when required for correct functioning of the Internet. The RSP declares itself entitled to give OPENPROVIDER this information.

 2.
Communication between OPENPROVIDER and the RSP will take place through the email address provided by the RSP at the time of registration of a domain, if desired the RSP can change this email address any time, whereupon communication will take place through the new email address. It is possible, however, that the old email address is still used for current affairs.

 3.
OPENPROVIDER will never approach the RSP customers directly, but will always communicate through the RSP. Customers of the RSP should never contact OPENPROVIDER directly, but always via the RSP.

 4.
OPENPROVIDER will give the RSP access to the OPENPROVIDER registration system, with the intention to allow them to register, trade and transfer, and administer domains. This access will exist of realtime access through a XML-, email, or webbased interface. OPENPROVIDER will supply the required documents and data for this purpose. The RSP will not use this access for unlawful purposes of any kind. In that case OPENPROVIDER has the right to refuse the RSP access to the registration system, without refund of funds in the customers? account.

 5.
On behalf of the RSP OPENPROVIDER registers domains in accordance with the conditions of the Top Level Registry, which can be found in the contract of the domain concerned. By means of separate registration contracts, the RSP has stated to agree with these conditions,.

 6.
The RSP obliges customers to declare that they do not violate the rights of third parties with respect to the domain to be registered.

 7.
The RSP is committed to agree with the Dispute-Policies in case of misunderstandings or discussions concerning the use of domains. The RSP declares that its customer has declared to agree with them too. These rules are part of this agreement and the RSP is compelled to inform its customers about them. The Dispute-Policy may be modified at every moment. OPENPROVIDER can not influence these modifications. Registration of a domain can only be completed when these conditions are accepted. In case that the RSP or the customer rejects the modifications in the Dispute-Policy, the domain can be terminated at any moment.

 8.
The customer is fully liable, always, even when registered by a RSP. The RSP is obligated to inform the customer of important agreements, general conditions, incidents and announcements. The RSP has the right to act on behalf of the customer and, if requested, can prove this right.

 9.
Within 60 days after registration, domains are not allowed to be transferred from OPENPROVIDER.

 10.
In case of a collective domain order, the RSP will accept separate registration in case that, for any reason, one or more of the domains could not be registered.

 11.
The prices of registration are mentioned on the website and the services included are defined in the appendix of each Top Level Domain. The account has to be paid in advance. In case both parties end the contract prematurely, and if OPENPROVIDER did not make any costs the amount paid will be refunded, minus 25 euros for administrative expenses.

 12.
Domain registrations, renewals and transfers can only be carried out if the RSP has enough credit in the OPENPROVIDER deposit. The RSP must monitor the balance in deposit. OPENPROVIDER is not liable for the consequences caused by not raising the balance in time.

 13.
OPENPROVIDER will inform the RSP punctually of due dates of domains registered by the RSP. If the domain is not renewed in time, or can not be renewed in time, because of insufficient balance, the registration will be terminated. OPENPROVIDER will automatically delete the domain at the registry. By signing this contract the RSP agrees to this procedure, and the RSP agrees to be fully responsible for all damages that might occur from this procedure. The RSP is obliged to inform the customer of this procedure. In addition the RSP has to support the customer.

 14.
This agreement is valid for an indefinite period of time. Both parties are allowed to terminate this agreement in writing, taking into account a three months term of notice. After these three months all OPENPROVIDER registrations will be terminated, if possible straight away. Exceptions can be made, but only if OPENPROVIDER confirms this in writing.

 15.
The General Conditions of OPENPROVIDER are part of this agreement and can be found on the website. OPENPROVIDER will inform the RSP about any modification in the General Conditions.

 16.
All disputes which result from this agreement must be submitted within one year.

 17.
The agreement between the RSP, the customer and OPENPROVIDER is under the Dutch national law. Disputes are presented to the competent judge in Rotterdam.

 18.
If a regulation of this agreement is invalid or is declared invalid, then the validity of all other regulations will remain intact.

 19.
At disputes the Dutch version of this agreement, the Dutch version of the general conditions and possible other Dutch versions of contracts are binding.
Version: 1.0
Date: 5 December 2013

Article 1. Definitions

  1. Openprovider: a trade name of Hosting Concepts B.V., established in Rotterdam and listed in the Trade Register of the Chamber of Commerce under file number 24277249.
  2. Services Openprovider is an official domain name registrar. In this capacity, Openprovider offers access to its automated systems for domain name registration and administration. Openprovider registers domain names on a first-come, first-served basis. The aforementioned activities constitute basic services. Openprovider also supplies SSL certificates, software, DNS and other Internet services.
  3. Client: the natural person acting in a professional capacity or legal entity having entered into an agreement with Openprovider. The Client may also be a retailer. For the purposes of these General Terms and Conditions, retailers will be referred to as 'Reseller'. Resellers are subject to supplementary terms and conditions.
  4. Account: the online environment made available by Openprovider for the purpose of enabling the Client to apply for, administer or configure Services. Amongst other channels, this environment can be accessed via the Website or API.
  5. Licenses: the right to use software owned by one of Openprovider's suppliers or by Openprovider itself.
  6. Agreement: the agreement between Openprovider and Client by virtue of which Openprovider will provide the Services, and of which these General Terms and Conditions are a part.
  7. Website: www.openprovider.nl or any of its sub-domains and other domain extensions.
  8. General Terms and Conditions: these terms and conditions.

Article 2. Offer and acceptance

  1. The Agreement between Openprovider and the Client will take effect when the Client (1) creates an Account on the Website, places an electronic order via his Account which is subsequently confirmed or (3) accepts an offer issued by Openprovider. Any such offers must be signed by Openprovider. Openprovider requires the Client to check the order confirmation and to contact Openprovider within eight hours if any errors are to be verified.
  2. If an order can only be partially filled, the Client is expected to agree to a partial delivery.
  3. The due amount will be specified on the Website and during the process of ordering via the Account. The description of the Services as featured on the Website or specified in the offer will be binding.
  4. Openprovider may draw up an offer in which it specifies what the Service includes and what amount will be owed upon acceptance of the Agreement.
  5. An offer is without obligation and is valid for 30 days after the date it was sent by Openprovider, unless stated otherwise in the offer.
  6. If the information provided by the Client proves to be incorrect, Openprovider has the right to adjust the prices accordingly.
  7. Provisions or terms and conditions stipulated by the Client that differ from, or do not appear in these General Terms and Conditions will only be binding upon Openprovider if and to the extent that these have been expressly accepted by Openprovider in writing.
  8. Openprovider is entitled to refuse a Client at its own discretion without stating reasons.
  9. The Agreement will take effect as soon as Openprovider has received notification of acceptance by the Client.
  10. In the event provisions in the Agreement or its appendices, or in these General Terms and Conditions are inconsistent with one another, the following order of rank applies:
    1. the Agreement;
    2. any appendices;
    3. any Service Level Agreement;
    4. the General Terms and onditions;
    5. any supplementary conditions.

Article 3. Performance of the Service

  1. After the Agreement has been concluded, Openprovider will perform the Services as soon as possible in accordance with the offer or electronic order.
  2. To the extent it has not been otherwise agreed in writing, Openprovider will guarantee that the Service will be performed to the best of its ability with due care and professional competence.
  3. If and where required for the proper performance of the Agreement, Openprovider has the right to have certain activities performed by third parties.
  4. The Client is obliged to do everything that is reasonably required and desired to ensure that the Service is performed correctly in a timely manner. In particular the Client will ensure that all information designated by Openprovider as essential or in respect of which the Client should reasonably understand that it is required for the purpose of performing the Services, is provided to Openprovider in a timely fashion.
  5. If the above forms part of the Services, Openprovider will provide the Client with an administrative user name and a password. These data will offer the Client access to the Account.
  6. Each action performed by means of the Client's Account is deemed to take place under the risk and responsibility of the Client. In the event of suspected misuse of an account, the Client must duly notify Openprovider as soon as possible so that appropriate measures can be taken by Openprovider. The Client is fully responsible for any consequential damages, including user costs and compensations with a minimum of a*NOT 2,500, not including VAT.
  7. The Client is entitled to create users (employees) and provide them access to the Account. This does not affect the responsibility of the Client as described in the previous subclause of this Article.
  8. The Client must provide all details truthfully. Openprovider is entitled to request that the Client provide proof of the details provided. If the Client cannot provide such proof or the details prove to be incorrect, Openprovider is entitled to terminate its Agreement or Agreements with the Client with immediate effect and to delete the Client's Account. The above will not require the intervention of a competent court.
  9. The Client is obliged to read its email on a regular basis: at least once every two weeks, but more frequently if required for the purposes of the registry procedure. If an addressee's email inbox is full, Openprovider is entitled to return emails to the sender.
  10. Openprovider has the right to take products and services out of use, temporarily or otherwise, and/or to limit their use, or to provide these only to a limited extent, or not at all, if the Client does not fulfil an obligation towards Openprovider as stipulated in the Agreement or acts in breach of these terms and conditions.

Article 4. Resellers

  1. Insofar as the Services extend to the resale or lease or otherwise to the provision for a fee of Openprovider products or services by the Reseller to its customers, the provisions in this article also apply.
  2. When engaging in Resale activities, the Reseller will act in its own name and at its own expense and risk, and is not entitled to enter into any agreements for or on behalf of Openprovider, or give the impression that it is a representative or agent of Openprovider. The Reseller will fully cooperate with any customer requests to provide the identity of the registrar (Openprovider).
  3. The Reseller is free to determine which products and services it provides to its customers at which price, within the boundaries set out by Openprovider in the offer.
  4. As regards the products and services provided to its customers, the Reseller must - at minimum - impose the same obligations upon its customers as those to which it is subjected by Openprovider. Openprovider may request that the Reseller provide proof to this effect.
  5. The Reseller is obliged to inform its customers of Openprovider's identity by means of the registration agreement, or offer them a way of identifying Openprovider such as a link to the InterNIC Whois service.
  6. In the event that customers fail to pay or fail to do so in a timely fashion, this will not discharge the Reseller from its payment obligations towards Openprovider.
  7. Openprovider will not contact any Reseller customers directly unless there are urgent grounds to do so or the Reseller has granted permission for direct contact. Damages (or the threat thereof) and inconvenience to third-parties as a result of the activities undertaken by Reseller customers or the Reseller itself are regarded as grounds for such direct contact.
  8. In its promotional or commercial communications, the Reseller is not entitled to use any trade names, brand names, logos or signs owned by Openprovider with the aim of using Openprovider's goodwill or good name to recruit customers without the prior written permission of Openprovider. The Reseller is entitled to communicate its use of Openprovider products and services in a businesslike manner.
  9. The Reseller is fully liable at all times for its customers' actions and omissions via Openprovider systems and networks, or those of its suppliers, and indemnifies Openprovider in this regard.
  10. In the event that the Agreement is dissolved or terminated due to non-performance by the Reseller, Openprovider will acquire the right to approach, inform and acquire Reseller customers.
  11. The Reseller is not entitled to use the ICANN or a**ICANN-Accredited Registrara** logo or otherwise present itself as an ICANN-accredited organisation, unless written permission to this end has been granted by ICANN.
  12. All agreements between the Reseller and its customers must meet the conditions set out in the latest version of the a**ICANN Registrar Accreditation Agreementa** and other a**ICANN Consensus Policiesa**. The Reseller can consult these conditions via (http://www.icann.org/en/about/agreements/registrars). The Reseller hereby declares that it is familiar with and will adhere to these conditions and the ICANN regulations. The Reseller also declares that it will regularly visit the ICANN website to consult the latest terms and conditions/regulations.
  13. The Reseller is obliged to include a link to ICANN's general terms and conditions and website in the footer of its website, which can be accessed via each page. This link should redirect to the following pages(http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) en (http://www.icann.org/en/resources/registrars/registrant-rights/benefits).
  14. The Reseller is obliged to inform its customers about its Deletion and Auto-Renewal Policy. Reseller customers must be immediately informed of any important changes to this policy.
  15. The Reseller may only extend agreements without the permission of its customers in the event of extenuating circumstances, as referred to in the ICANN Registrar Accreditation Agreement.
  16. The Reseller will cooperate fully with any requests from Openprovider or ICANN to offer more information on ICANN regulations via its website or websites. This cooperation will also extend to the implementation of any terms and conditions imposed upon Openprovider by ICANN. The Reseller agrees that the aforementioned terms and conditions may be unilaterally imposed, and with immediate effect.
  17. If the Reseller acts in violation of the terms and conditions applied by ICANN or these general terms and conditions, Openprovider is entitled to terminate its agreement with the Reseller with immediate effect and transfer its domain customers to Openprovider in order to ensure the continuity of the services provided to these (end) users.
  18. The general terms and conditions to which Reseller customers are subject may not conflict with the terms and conditions applied by Openprovider, ICANN or the various Registries.
  19. The Reseller is obliged to apply the terms and conditions specified in this article to its resale agreements and any underlying agreements.
  20. Openprovider is entitled to audit the Reseller in order to make sure the terms of the Agreement are being adhered to.

Article 5. Service: Licenses

  1. If the Service provides, in full or in part, for Openprovider mediating on behalf of the Client for the acquisition of one or more Licenses, or the issue of licenses by Openprovider itself, the provisions in this article will also apply.
  2. All intellectual property rights to any materials, software, analyses, designs, documentation, recommendations, reports, offers and preparatory materials developed or made available in connection with the Service are vested exclusively in Openprovider or its suppliers.
  3. The Client solely acquires the rights of use and powers arising under the Agreement or those assigned in writing, and in all other respects the Client will not reproduce of or publish the software or materials.
  4. The Client is not permitted to remove or modify any markings concerning copyrights, trademarks, trade names or other intellectual property rights from the materials, including markings concerning the confidential nature and secrecy of the materials.
  5. Openprovider is authorised to put technical measures in place to protect the software. If Openprovider has protected the materials by means of technical protection, the Client is not permitted to remove or circumvent the relevant protection.
  6. Any use, reproduction or publication of the works falling outside the scope of the Agreement or rights of use that have been granted are deemed as copyright infringement. The Client will be liable to a penalty due and payable immediately to Openprovider and not open to mitigation by the courts amounting to a*NOT 10,000 for each act of infringement, without prejudice to Openprovider's right to receive compensation for damage or loss as a result of the infringement or to take other legal action for the purpose of terminating the infringement.

Article 6. Service: SSL certificates

  1. If the Service provides, in full or in part, for Openprovider mediating on behalf of the Client for the acquisition of one or more SSL certificates, the provisions in this article will also apply.
  2. Application and issue depend on and are subject to the regulations and procedures applied by the supplier in aid of which Openprovider is mediating. The relevant supplier will make a decision as to whether to issue the certificate and conduct the necessary validations regarding the SSL certificate's area of application. The Client will grant permission to this end or guarantee that permission has been granted before applying for an SSL certificate for a specific website.
  3. The SSL certificate will be valid for the agreed term, unless it is revoked in the interim. In this case, no reimbursements will be granted.
  4. Openprovider and/or the supplier may prematurely revoke the SSL certificate in the following situations:
    1. If it becomes clear that the Client and/or the Client's customer have provided incorrect information in order to obtain the Certificate;
    2. If the Client and/or Client's customer have not paid the costs of obtaining the Certificate or have failed to do so within the specified period;
    3. If Openprovider and/or the supplier deem that the reliability of the Certificate has been compromised.
  5. The Client is not entitled to full or partial reimbursement of the costs of the certificate, unless the revocation is attributable to a failure to perform by Openprovider that was not resolved within a reasonable time frame. Openprovider will then provide a new SSL certificate that is valid for the duration of the Agreement free of charge, in order to replace the SSL certificate revoked prior to its expiration date based on the above grounds.
  6. Openprovider will endeavour to notify the Client that the SSL certificate must be renewed prior to its expiration date. However, the Client remains responsible for the timely renewal of its SSL certificates.

Article 7. Service: Domain names

  1. Openprovider registers domain names in its capacity as official registrar. As regards the issue and administration of domains, Openprovider merely acts as an intermediary between the Client and the registry, or any other organisation/company responsible for administering the central database. Openprovider does not have any influence on the domain name distribution process. In view of the fact that third-party rights may be involved, Openprovider is not obliged to guarantee the continuity or existence of any registered domain.
  2. The Client declares that the domain name and/or use of the domain will not undermine or violate the rights of any third party, and guarantees that there are no impediments to registration of the domain name.
  3. The various domains are administered by several, generally national, organisations. All these organisations apply their own general terms and conditions regarding the registration of domains and sub-level domains, as well as their own regulations on domain name disputes. If the contractual agreement is to extend to domains, the additional terms and conditions of each gTLD (general Top Level Domain) and ccTLD (country code Top Level Domain) will apply. These additional terms and conditions will be submitted to the Client for notification and signature.
  4. All consequences ensuing from violation of the Agreement or the General Terms and Conditions or specific domain contracts will be for the account and risk of the Client. Openprovider cannot be held liable for such consequences in any way.
  5. If Openprovider registers a domain name on behalf of the Client, Openprovider will honour requests from the Client with respect to moving, transferring or terminating this domain name.
  6. The Client will immediately - but within five calendar days at the latest - notify Openprovider in writing of any changes regarding the domain holder's details.
  7. The Client agrees to resolve any conflicts in accordance with the Dispute Resolution Policies applied by the responsible organisations. These regulations can be found on the Openprovider website.
  8. The Client accepts Openprovider as an accredited registrar. Depending on the relevant UDRP (Uniform Domain-Name Dispute-Resolution Policy) regulations, this may entail that the Client is obliged to block, cancel, or move or transfer a domain to a third party if it cannot provide evidence that it has initiated legal proceedings against the plaintiff in a mutual legal case regarding the right to use the disputed domain name within ten days after a decision to this end has been issued by the administrative committee.
  9. For the duration of ongoing administrative proceedings, or a 15-day period after the conclusion of such proceedings, or for the duration of a pending legal case or arbitration period regarding the domain name, the Client is not entitled to transfer the domain name registration to a third party, unless this third party confirms in writing that it will abide by the court ruling or arbitration.
  10. Openprovider does not have any control over the registration of IDN domain names (Internationalized Domain Names) and the service may be modified, interrupted or even terminated by the registry without prior notification. Openprovider is not obliged to guarantee the continued existence or availability of IDN domain names; registration is at the Client's own risk. The Client acknowledges that the operation of multi-language domains differs from normal domains. The Client also acknowledges that an IDN may not function at all due to the continual introduction of new technologies.
  11. Any IP addresses made available to the Client will remain under the administration of Openprovider and are non-transferable in the event that the Client chooses to move/terminate the registration. Furthermore, multiple Openprovider clients may operate under the same IP address.
  12. Openprovider is entitled to change an IP address or allocate a different address to the Client at all times.

Article 8. Availability of the Service

  1. Openprovider will make every effort to ensure uninterrupted access to its systems and networks and to the data it has stored but is unable to offer any guarantees in this regard, unless otherwise agreed in the offer or electronic ordering procedure by means of a Service Level Agreement (SLA). To the extent not provided for otherwise in an applicable SLA, availability is subject to the provisions of this article.
  2. Openprovider will make every effort to keep the web server and other software it uses up to date. To this end, however, Openprovider is dependent on its suppliers. Openprovider is entitled not to install certain updates or patches it if believes installing such updates or patches will not be beneficial to the Service.
  3. Openprovider will undertake to ensure that the Client can make use of the networks that are either directly or indirectly connected to the Openprovider network. However, Openprovider cannot guarantee that these (third-party) networks will be available at any time.
  4. Openprovider will make back-ups available to the Client on a daily basis, if this is offered as part of the Service. If this is not the case, the Client will be fully responsible for making back-ups of any data stored by Openprovider.
  5. If, in the opinion of Openprovider, the operation of Openprovider's computer systems or network or third-party networks and/or service provision via a network is at risk, in particular as a result of sending excessive amounts of email or other data, inadequate security systems or virus activities, Trojan horses and similar software, Openprovider has the right to take all reasonable measures it deems necessary to avert or prevent such risk.

Article 9. Data and privacy

  1. The Client assures Openprovider that all submitted information and data is accurate and complete. In the event of any modifications to the Account, the Client also assures Openprovider that these modifications are complete, accurate and truthful. The Client acknowledges that the provision of inaccurate data may result in the immediate removal of the relevant domain without any reimbursements. In particular, this concerns:
    1. the Client's full name, postal address, email address, telephone number, and fax number if available - if the registrar is an organisation, association or business - additional details (name and address) for an authorised contact person;
    2. if the Client is planning to use its own Domain Name Server (DNS): IP addresses for the first and second servers;
    3. the names of the aforementioned servers;
    4. the full name, postal address, email address, telephone number and fax number if available, of the administrative contact person;
    5. the full name, postal address, email address, telephone number and fax number if available, of the technical contact person;
    6. the full name, postal address, email address, telephone number and fax number if available, of the invoice address; This information must be adjusted if necessary.
  2. Openprovider will inform the Client that the domain registration process involves the storage and processing of personal details, and that personal data may be transferred to third parties involved in the registration process. The registration process also includes the storage of personal data in the 'whois' database.
  3. Openprovider is authorised to use data for the purpose of optimising its services and tailoring its services more effectively to the Client's needs.
  4. Openprovider will ensure an appropriate level of security considering the risks involved in processing the data to be protected and the nature thereof.
  5. Openprovider will also guarantee that all persons acting under its authority, to the extent they have access to personal data for which the Client is responsible, will only process such data on the instruction of the Client, subject to statutory obligations to the contrary.
  6. The Client guarantees that it will only enter personal data in Openprovider's systems in a manner that is fully compliant with the law.
  7. If the Client is required to adjust, delete or hand over data stored in Openprovidera**s systems within the context of a legal obligation pursuant to the Personal Data Protection Act, for instance, Openprovider will facilitate this activity to the best possible extent. The costs of the relevant activities may be invoiced separately.

Article 10. Duration and end

  1. The duration of Agreements on domain registration or the administration of domain names transferred to Openprovider from another registrar may vary from one day to ten years (starting on the transfer date), depending on the relevant domain. Extensions may be granted for a period of one to ten years, depending on the relevant domain.
  2. Openprovider is entitled to terminate the Agreement with immediate effect if:
    1. payments are revoked before the due amount can be collected by Openprovider;
    2. the Client violates the General Terms and Conditions;
    3. applicable laws or ICANN regulations are violated;
    4. any actions are performed that violate the General Terms and Conditions of the registration or its requirements. In all the aforementioned cases, the Client will lose all its registration rights.
  3. The Client will receive a request to pay for any domain name extensions via email, no later than 28 days before the end of the registration period. If payment has not been received before this due date, the Client will lose all rights to the domain. If the Client is making use of automatic domain name extension functionality, it will be fully responsible for ensuring that there are sufficient funds in its bank account. Domains that cannot be extended due to insufficient funds or any other reason will be discontinued.
  4. If Openprovider cannot maintain the registration of a Sub-Level-Domain in accordance with the conditions of the relevant registry, Openprovider is entitled to terminate the contact in writing no later than 14 days before the end of the relevant month.
  5. In the event that a domain is terminated by the Client or as the result of a ruling in a domain dispute, the Client will not be entitled to a substitute domain or restitution. If the termination is not the result of an intentional act or gross negligence by Openprovider, no restitutions will be made. This also applies to other activities or additional registered options.
  6. In the event that Openprovider ceases to act as officially accredited registrar, Openprovider is entitled to terminate contracts in writing, no later than 14 days before the end of each month.
  7. All cancellations, terminations and notifications must be submitted in writing. Faxed copies will be deemed valid.

Article 11. Rates and payment

  1. All prices exclude VAT.
  2. Rates for Openprovider Services are published on the website; these rates are subject to change without further notice.
  3. Domain names extension rates exclusively apply to extensions that are being processed at the time; all future extensions will be charged against applicable rates on the day of extension.
  4. If the Agreement is a continuing performance agreement, Openprovider has the right to change the rates applied at any time. To that end, Openprovider will inform the Client of the rate changes via the website or by email at least two (2) months in advance. In the event of a rate increase, the Client is entitled to terminate the Agreement, with due observance of a notice period of one (1) month.
  5. Openprovider is entitled to raise all rates agreed upon with the Client by 4% per year on 1 January, without the Client being entitled to give notice of termination.
  6. Payment may be made via credit card, a one-off direct-debit authorisation or other specific payment methods such as an iDeal payment or bank transfer.
  7. Services cannot be registered until payment has been received. The registration will be processed as soon as the due funds have been transferred to Openprovider's bank account. All transaction costs will be borne by the Client.
  8. The Client agrees that it will lose all rights to a domain name if the due charges are reversed by the bank or credit card company, in the event of proven credit card fraud or any other form of chargeback. In such cases, Openprovider reserves the right to decide whether to continue administering or terminate the domain name.
  9. The Client agrees to electronic invoicing. If the Client wishes to receive an invoice by regular mail, Openprovider will charge a*NOT 3 for the postage of each letter.
  10. The costs of domain name registration and other costs will not be refunded in the event that a contract is terminated prematurely.
  11. Advance payments for domains that could not be registered will be credited to the Client's outstanding balance.
  12. The Client is responsible for ensuring that its bank account contains sufficient funds. In the event of insufficient funds, Services cannot be purchased or automatically extended. The Client must anticipate day-to-day exchange rate fluctuations.
  13. All full or partial outstanding balance repayments will be subject to a a*NOT 25 administration fee. These administration costs will also be withheld in the event that the contract is terminated.

Article 12. Liability

  1. Openprovidera**s liability for direct damages/losses incurred by the Client as a result of a culpable shortcoming in Openprovider's performance of its obligations under this Agreement, which also expressly includes any shortcoming in fulfilling a guarantee commitment agreed with the Client, or an unlawful act on the part of Openprovider, its employees or third parties engaged by Openprovider, is limited to a sum equal to the payments the Client is obliged to make under this Agreement each year (excluding VAT) for each event or series of related events. Under no circumstances however will the total compensation to be paid for any direct damages/losses exceed a sum of a*NOT 10,000 (not including VAT).
  2. Openprovidera**s liability for indirect loss or damage, including consequential losses, loss of profit, lost savings, mutilation or loss of data, business or otherwise, and losses due to business stagnation is excluded.
  3. Except for the cases referred to in Article 12, paragraphs 1 and 2, Openprovider will not be held liable to pay compensation for damage/loss whatsoever, regardless of the grounds on which an action for compensation might be based. The maximum amount specified in Article 12, paragraph 1, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Openprovider.
  4. Openprovidera**s liability for an attributable failure to perform the Agreement will only arise if the Client gives Openprovider proper notice of default in writing without delay and provides a reasonable period to remedy its failure, and Openprovider does not resolve this attributable failure to perform its obligations after that period. The notice of default should contain a description of the failure in as much detail as possible to enable Openprovider to respond adequately.
  5. The Client may not invoke Section 6:271 of the Dutch Civil Code.
  6. Openprovider can never be held liable for damage caused by force majeure (Article 13).
  7. Any right to claim compensation will at all times be subject to the condition that the Client notifies Openprovider of the damage or loss in writing by means of a registered letter within 30 days after it has arisen.
  8. The Client indemnifies Openprovider against all third-party claims on account of liability resulting from the failure of a Service provided by the Client to a third party and which consisted in part of items, materials or results supplied by Openprovider.
  9. The export of Services by the Client or one of the Client's customers may be subject to export regulations, such as regulations relating to the export of cryptographic products. The Client indemnifies Openprovider against any third-party claims, including government measures, relating to violations of applicable export regulations that can be attributed to the Client or its customers. The aforementioned does not apply to services exported by Openprovider. In such cases, Openprovider will be responsible for all such claims.
  10. The Client is fully responsible for all domain extensions. The Client is also responsible for monitoring and maintaining its Openprovider account balance. Openprovider is not liable for the consequences of any bank balance deficits. If the domain is not renewed on time, or cannot be renewed on time due to a balance deficit on Openprovider's account, the registration will be terminated.

Article 13. Failures and force majeure

  1. Openprovider is entitled to temporarily close down its systems, including the Website, either fully or partially, for the purpose of maintenance, adjustments or improvements. Openprovider will endeavour to ensure that any such closure or adjustments only take place outside office hours as far as possible, and will undertake to inform the Client in good time of the scheduling thereof. However, Openprovider is never liable for damages arising from such closure or adjustments.
  2. Openprovider has the right to adapt its systems, including the Website, in its entirety or in part, from time to time in order to improve its functionality and/or to correct errors. If an adjustment causes a considerable change in functionality, Openprovider will undertake to inform the Client thereof. In the event of modifications that are relevant to multiple clients, it is not possible to waive a specific modification for the exclusive benefit of the Client. Openprovider is not liable for any compensation of damages resulting from such a modification.
  3. In the event of unavailability of the Service due to disruptions, maintenance or other causes, Openprovider will make every effort to inform the Client of the nature and expected duration of the interruption.
  4. In the event of force majeure, which in any case will be understood to refer to disruptions or failure of the Internet or the telecommunications infrastructure, SYN floods, network attacks, DoS or DDoS attacks, power failures, domestic unrest, mobilisation, war, traffic congestion, strikes, injunctions, business interruptions, stagnation in supply, fire, flooding and impediments to import and export, and in the event that Openprovider, through non-performance by parties on which its own service provision depends, regardless of the reason, cannot reasonably be expected to fulfil the Agreement, the Agreement will be suspended, or terminated when the situation involving force majeure has lasted for more than ninety days, without any obligation to pay damages.

Article 14. Amending the General Terms and Conditions

  1. Openprovider reserves the right to change or supplement these Terms and Conditions.
  2. Amendments also apply to agreements already concluded with due observance of a term of 30 days following publication of the amendment on Openprovidera**s Website or by electronic communication. Minor changes can be implemented at any time.
  3. In the event the Client does not wish to accept an amendment to these Terms and Conditions, it may terminate the Agreement up to the date on which the new conditions take effect.

Article 15. Final provisions

  1. This Agreement is governed by Dutch law.
  2. Insofar as the rules of imperative law or the stipulations of the dispute procedures mentioned in the previous article do not dictate otherwise, any disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in Rotterdam.
  3. If any provisions in the Agreement are declared null and void, this will not affect the validity of the entire Agreement. In such case, for the purpose of replacing any such provisions the parties will stipulate a new provision or new provisions reflecting the purport of the original Agreement and the General Terms and Conditions as far as legally possible.
  4. These General Terms and Conditions and the ensuing obligations apply, mutatis mutandis, to any agreements between the Reseller and its customers.
  5. The term a**written" in these conditions also includes email and communication by fax, provided that the identity and integrity of the email or fax message have been sufficiently established.
  6. All versions of communications, measurements (including, but not limited to data traffic) and monitoring conducted by Openprovider that have been received or stored by Openprovider apply as authentic, barring evidence to the contrary provided by the Client.
  7. The parties will at all times inform each other immediately of any relevant changes in name, postal address, email address, telephone number and, if requested, bank account numbers.
  8. Both the English and Dutch versions of these General Terms and Conditions apply. In the case of doubt, however, the Dutch version will prevail.
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Why does Openprovider work with a prepaid system?

Working with a prepaid system is beneficial both for you and Openprovider. Our prices are very cheap, while the interests of domain name owners are very high. By maintaining a prepaid balance you can renew your domain registrations automatically and you don't have to worry about loosing your domain names. For Openprovider this system guarantees continuity and less administration, which makes it possible to keep our prices low. It also gives us the means to keep upgrading and perfecting our equipment and services.
 

Any questions?
Any questions?

Call: +31 (0)10 448 22 96

Email: sales@openprovider.com

Why Openprovider?
  • Fully automated system
  • Offering TLDs worldwide
  • Complete selection of SSL certificates
  • All administration from one easy-to-use reseller control panel

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