Terms and conditions

Introduction

Section 1. Definitions

1.1 Terms and Conditions: The rules and guidelines governing our services at Telemagic B.V.
1.2 Order Form(s): Forms used for service requests available on Telemagic’s website.
1.3 The Customer(s): Legal entities or individuals engaging with our services.
1.4 Customer Equipment: Devices owned by the customer such as servers, switches, and external drives.
1.5 Bandwidth: Data transmission measured using the 95-percentile method.
1.6 Traffic: Data sent and received by the customer’s infrastructure.
1.7 DoS Attack: Attempts to disrupt network service by overwhelming resources.
1.8 Services: Various offerings by Telemagic, detailed on our website.
1.9 DDoS Attack: Distributed network attacks aiming to disrupt normal traffic.
1.10 Domain Name: A unique identifier for a website.
1.11 Domain Registration: The process of securing a domain name.
1.12 Downtime: Service interruptions affecting customer usage.
1.13 Quotation(s): Formal service proposals from Telemagic.
1.14 Storage: Disk space provided to customers on our servers.
1.15 Agreement: Formal arrangements between Telemagic and customers.
1.16 Telemagic: Our company, based in Utrecht, operating under Dutch regulations.
1.17 Telemagic Equipment: Infrastructure owned by Telemagic.
1.18 Telemagic Server Spaces: Locations where we host our services.
1.19 Spam: Unsolicited bulk emails.
1.20 Power: Energy consumed by customer equipment, measured in amperes or kWh.
1.21 Hosting: Service providing online storage and website access.
1.22 Working Days: Monday to Friday, 9:00 AM to 5:30 PM CET/CEST, excluding Dutch public holidays.
1.23 95 Percentile Method: A billing method that excludes the top 5% of data usage spikes over a month.

Section 2. Applicability

2.1 These Terms govern all transactions and proposals between Telemagic and its customers unless expressly modified.
2.2 In case of any conflict, specific terms of an agreement prevail over these general terms.
2.3 Customer’s own terms are not recognized unless specifically agreed.
2.4 Where both Telemagic and customer terms apply, Telemagic’s terms take precedence.

Section 3. Agreement Formation

3.1 Our proposals are non-binding unless stated otherwise.
3.2 Proposals are valid for seven days unless another period is specified.
3.3 Any deviations from these terms must be agreed in writing.
3.4 Agreements are formalized through accepted order forms or direct agreements in writing or digitally.
3.5 We reserve the right to decline service provision for any reason.
3.6 Agreement fulfillment starts immediately upon contract initiation unless specified otherwise.
3.7 Agreement evidence can be provided through various means.
3.8 Any amendments to agreements must be made in writing via email.

Section 4. Duration and Termination

4.1 Agreements are ongoing, with a minimum commitment of one month unless otherwise stated.
4.2 Termination requires a month’s notice through written communication, confirmed by Telemagic.
4.3 Upon termination, Telemagic may remove or disable access to stored data, with no obligation to return this data.
4.4 Telemagic can terminate the agreement immediately under conditions such as bankruptcy, insolvency, or significant breaches of contract by the customer.
4.5 Immediate termination rights are also reserved for violations of Internet usage policies or legal regulations by the customer.
4.6 Telemagic may intervene in operations to protect network integrity from threats like spam or network attacks.
4.7 Specific directions may be issued in response to network attacks, requiring timely compliance.
4.8 Non-compliance with issued instructions can lead to temporary suspension of services.
4.9 Consumers have a seven-day cooling-off period unless service commencement is agreed upon within this period.

Section 5. Delivery

5.1 Delivery timelines are approximate and require formal notice if not met.
5.2 Failure to meet delivery does not entitle customers to compensation or contract dissolution except in cases of gross negligence or intent by Telemagic.
5.3 Stated delivery periods are not strict deadlines unless explicitly confirmed by Telemagic.

Section 6. Maintenance and Force Majeure

6.1 Maintenance may temporarily disrupt services, ideally scheduled during off-peak hours with prior notice to customers.
6.2 System upgrades for enhanced functionality or error correction may affect service availability.
6.3 Telemagic endeavors to inform customers promptly of service interruptions or significant changes.
6.4 Force majeure events like natural disasters, major technical failures, or legal restrictions may suspend or terminate obligations without liability.

Section 7. Service Interruptions

7.1 Immediate communication is provided to customers regarding service disruptions.
7.2 Estimated recovery times are provided, with efforts to minimize downtime.
7.3 Service level agreements (SLAs) dictate specific response and recovery entitlements.
7.4 Alternatives may be offered if direct service restoration is not feasible.
7.5 Compensation is limited to direct downtime remedies without further liabilities.

Section 8. Liability

8.1 Liability for direct damages caused by service failures is limited to the annual service fee paid by the customer, not exceeding €5,000.
8.2 Indirect or consequential damages including lost profits or data loss are not covered.
8.3 Liability exemptions apply unless direct negligence or intentional misconduct by Telemagic is proven.
8.4 Claims against Telemagic require timely and specific notice with adequate time for rectification.
8.5 Telemagic is not responsible for damages arising from third-party software issues.
8.6 Force majeure absolves Telemagic from damage claims.
8.7 Claims for compensation must be formally lodged within five days of the incident.
8.8 Customers must update their personal data promptly to avoid liability for outdated information.

Section 9. Insurance

9.1 Telemagic maintains adequate insurance for liability and operational risks.
9.2 Customers are responsible for insuring their own equipment against damage or loss during the service period.
9.3 Inspection of insurance documents can be requested by Telemagic to verify coverage.

Section 10. Pricing and Fees

10.1 Prices exclude VAT and are denominated in euros unless specified otherwise.
10.2 Telemagic reserves the right to adjust prices with prior notice, allowing customers the option to terminate the agreement if disagreeable.
10.3 Pricing errors on the website or promotional materials are not binding.
10.4 Costs attributable to the customer due to service usage or non-compliance are chargeable under these terms.

Section 11. Payment Terms

11.1 Service fees are billed in advance based on the agreed contract period.
11.2 Invoices are issued with a standard payment deadline prior to the due date.
11.3 Late payments incur default status with potential service suspension until resolution.
11.4 Disputes over billed amounts must be communicated within five days of invoice receipt.
11.5 Various payment methods are supported, subject to prior approval.
11.6 Direct debit setups require sufficient fund availability to avoid payment failures.
11.7 Non-compliance with payment obligations triggers administrative fees and potential legal recovery actions.
11.8 Overpayments are credited to the customer’s account promptly.
11.9 Legal and extrajudicial collection costs due to late payments are borne by the customer.

Section 12. Hosting Services

12.1 Web hosting and email services must comply with legal standards and respect intellectual property rights.
12.2 Content that violates national or international laws or Telemagic policies, including offensive or illegal material, is not permitted.
12.3 Telemagic operates a complaint resolution mechanism for reported content violations.
12.4 Legal obligations may compel Telemagic to disclose customer information or cooperate with law enforcement.
12.5 Repeated violations may lead to service termination.
12.6 Customers indemnify Telemagic against damages arising from policy violations.
12.7 Network abuse or disruptive activities by customers are prohibited.
12.8 Adherence to internet etiquette as per established guidelines is required.
12.9 Account credentials are non-transferrable without express consent.
12.10 Resale or sub-licensing of services requires specific agreement terms.
12.11 Usage limits for storage and data transfer are enforceable, with additional charges applicable for excess usage.

Section 13. Domain and IP Services

13.1 Domain registration is subject to specific regulatory body rules and availability.
13.2 Telemagic facilitates domain services but does not guarantee domain allocation.
13.3 Confirmation of domain registration is officially acknowledged through specific communications.
13.4 Customers hold Telemagic harmless against claims related to domain use.
13.5 Telemagic is not liable for third-party actions that compromise domain rights unless due to willful misconduct.
13.6 Customer requests for domain transfers or updates are supported by Telemagic.
13.7 Compliance with domain authority regulations is mandatory.
13.8 Domain disputes or compliance failures may lead to service adjustments or suspensions.

Section 14. Resource Management

14.1 Unused resources from one billing period do not carry over to subsequent periods unless specifically agreed.
14.2 Resource usage caps are enforceable, with additional charges levied for overages.
14.3 Quarterly audits of resource consumption are conducted to ensure fair billing.
14.4 Fair usage policies govern bandwidth allocation, with potential restrictions for non-compliance.

Section 15. Backup Services

15.1 Backup responsibilities differ between managed and unmanaged services, with Telemagic providing backups for managed configurations only.
15.2 Optional backup services are available for unmanaged setups at an additional cost.
15.3 Backup integrity and data accuracy remain the customer’s responsibility.
15.4 Post-contractual data retention is limited, with destruction of backups unless retention is specifically requested and agreed upon.

Section 16. Service Availability

16.1 Telemagic commits to maximum service uptime, governed by the standard service level agreement (SLA).
16.2 Software updates are managed to optimize service delivery, subject to supplier constraints.
16.3 Network connectivity includes efforts to ensure access to interconnected networks, though availability cannot be guaranteed.
16.4 Preventive measures may be enacted to protect service integrity from security threats or network abuse.

Section 17. Data Protection and Confidentiality

17.1 Personal data collection by Telemagic supports operational, analytical, and security needs.
17.2 Data sharing is restricted to necessary disclosures, with legal imperatives observed.
17.3 Confidentiality obligations apply to all exchanged information deemed sensitive.
17.4 Data access by Telemagic is limited to essential operational or legal requirements.
17.5 Customer verification may require official identification and proof of address in specific circumstances.

Section 18. Intellectual Property

18.1 Intellectual property rights for provided services and materials reside with Telemagic or its licensors.
18.2 Customer use of materials is confined to agreed terms, with no rights for reproduction or external distribution.
18.3 Intellectual property markings must not be altered or obscured.
18.4 Protective measures for digital content must be respected.
18.5 Unauthorized use of materials incurs penalties, with Telemagic reserving rights for further legal action.

Section 19. Terms Updates

19.1 Telemagic may revise these terms periodically, with changes effective post-notification.
19.2 Customers may terminate agreements affected by term changes not acceptable to them.

Section 20. Service Suspension

20.1 Non-compliance by the customer may lead to temporary suspension of services, with financial obligations remaining.
20.2 Service reinstatement follows compliance and payment of a reactivation fee.
20.3 Scheduled maintenance may also temporarily impact service availability.

Section 21. Complaint Handling

21.1 Complaints about services or billing must be lodged within eight days of occurrence.
21.2 Complaint resolution does not suspend payment obligations.
21.3 Validated complaints may lead to billing adjustments, service replacements, or agreement termination, with potential for service correction requests.

Section 22. Guarantees and Warranties

22.1 Service quality is guaranteed within the scope of stated warranty provisions.
22.2 Specific warranties apply to repairs and products, with extended coverage for agreed terms.
22.3 Unclaimed repairs may be forfeited after a designated period.
22.4 Warranty claims require prompt delivery of defective products to Telemagic.
22.5 Warranty does not cover customer-induced damage or misuse.

Section 23. General Provisions

23.1 Invalid terms do not affect the validity of the remaining conditions.
23.2 Dutch law exclusively governs all agreements.
23.3 Registered terms at the Chamber of Commerce are applicable.
23.4 Legal actions may be initiated in alternate jurisdictions if necessary.