1. Who we are
Zustack is registered at the Chamber of Commerce under number 67721540, with its office at Madeliefje 1, 7463 ED Rijssen, the Netherlands. In these terms, "we" and "us" mean Zustack. "You" means the business that orders from us. "Services" means everything we provide to you, including hosting, domain names and support.
2. These terms and our offer
These terms apply to every quote, order and agreement between you and us. Terms of your own do not apply, unless we have accepted them in writing. A quote is valid for 30 days, unless it says otherwise. An agreement exists once you accept our quote in writing or we start the work at your request.
3. What managed means
We run the services on your behalf. That means we configure the servers, install updates, make backups and watch for problems. You do not get administrator access to the servers unless we agree so in writing. Changes to your services are made by us, on your request, which you send through My Zustack or by email. We carry out a request within a reasonable time and tell you when it is done. We may need to schedule maintenance. When we can, we announce it in advance.
4. Your account
You sign in to My Zustack with a link or code that we send to your email address. Anyone who can read that mailbox can sign in, so keep it secure. We treat every request that comes through your account as coming from you. Tell us at once if you think someone else has access, and tell us when the people who may place requests for your business change.
5. Domain names
When we register or manage a domain name for you, we act as an intermediary between you and the registrar and the registry. Their rules apply as well, and you accept them. You are the registrant. We do not guarantee that a domain name is available, or that a registry accepts your registration. You are responsible for providing correct registrant details.
Domains renew for a new period unless you tell us otherwise before the renewal date. The renewal date is shown in My Zustack. A domain renews once it is paid for. If payment stays outstanding, the domain may expire, and we are not liable for the loss of a domain that expired for that reason.
You can move a domain to another provider at any time. On request we unlock the domain and give you the auth code, unless you have an overdue payment for that domain.
6. Prices and payment
All prices are in euros and exclude BTW (VAT), unless we say otherwise. We agree the prices, and the period they cover, with you in writing before the services start.
You pay within 14 days of the date on our invoice. If you do not, you owe the statutory commercial interest from the due date, and we may charge reasonable collection costs. We may suspend your services if an invoice stays unpaid after a reminder. We may change our prices. We announce a change at least 30 days before it applies to you. If you do not agree, you may end the affected service before the new price takes effect.
7. Term and termination
Services start on the date agreed and run for one year. They renew for another year each time, unless you end them in writing at least 30 days before the end of the current year. We may do the same on the same notice.
Either of us may end the agreement with immediate effect if the other fails seriously to meet its obligations and does not put this right within a reasonable period after written notice, or if the other is declared bankrupt or granted a suspension of payments. After termination we keep your data for 30 days, so you can collect it. After that we delete it.
8. Acceptable use
You use the services in line with the law and with our acceptable use policy. We may remove content or suspend a service when we have a reasonable suspicion of abuse, such as malware, phishing, spam or unlawful content, or when a court or authority orders us to. We try to warn you first, but we do not have to when delay would cause harm.
9. Availability and support
We work to keep the services available, but we cannot promise that they run without interruption. We use reasonable care and skill. You can reach us by phone on +31 (0)548 794 111 and by email at [email protected]. We respond to messages and requests in My Zustack as soon as we reasonably can, and aim to do so within one working day. If we have agreed a service level in writing, it applies to the services it names.
10. Your data and backups
You remain responsible for the content and data you place on our services. We process personal data on your behalf under our data processing agreement. We make backups to restore the services, and we restore them on request. A backup is not an archive. You keep your own copy of anything you cannot afford to lose. We apply reasonable technical and organisational measures to protect your data.
11. Liability
Our total liability for damage resulting from a failure to meet our obligations is limited, per event or series of related events, to the amount you paid us for the affected service over the calendar year in which the event occurred. If the damage is covered by our insurance, the amount the insurer pays out applies instead, if that is higher.
We are not liable for indirect damage, such as lost profit, lost savings, loss of goodwill or damage from interruptions to your business. A claim ends 12 months after you became aware, or could reasonably have become aware, of the damage. Nothing in these terms limits liability where the law does not allow it, such as for intent or deliberate recklessness.
12. Force majeure
We are not in breach if we fail to meet an obligation because of something outside our reasonable control, such as a failure of a public network, a power cut, an attack on our systems despite reasonable precautions, a failure of a registry or an upstream supplier, or a government measure. If this lasts longer than 30 days, either of us may end the affected service in writing.
13. Intellectual property
You keep the rights to your content. You give us the right to store, copy and show it, only as far as we need to provide the services. The rights to our software, documents and brand stay with us or our suppliers. Open source software on our servers is covered by its own licences.
14. Changes to these terms
We may change these terms. We announce a change at least 30 days before it takes effect, by email and in My Zustack. If a change is to your disadvantage, you may end the agreement before it takes effect. The version that applies is the one that applied when the agreement was made or last renewed, unless the law says otherwise.
15. Law and disputes
Dutch law applies to these terms and to every agreement between us. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If we cannot settle a dispute together, the District Court of Overijssel decides it, unless the law requires another court.
Questions about these terms? Write to [email protected].