Terms and Conditions for Essence E-Services
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at https://essence-eservices.com/contact.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
1. Definitions
1. Essence E-Services or HostingHype.nl: trading under the name “Essence E-Services and HostingHype” with its registered office in Leidschendam
2. Client, client, customer, customer: the natural or legal person with whom the agreement to deliver products and services of Essence E-Services is concluded.
3. Products and services of Essence E-Services: the products and services to be exploited by Essence E-Services whereby information to be made available by the client can be consulted electronically and with which electronic messages can be exchanged between users; This includes the production, placement and rental of web sites, the rental and registration of a domain, the promotion of a web site and all other additional and supporting products and services.
4. Agreement: every mutual acceptance, confirmed digitally, in writing or by e-mail, of delivery of one or more products or services of Essence E-Services. Electronically placed orders expressly included below.
The site: https://www.essence-eservices.com, http://www.HostingHype.nl, https://www.HostingHype.com.
2. Applicability
1. Insofar as the parties have not deviated from this in writing by mutual agreement, the following articles shall apply to every offer, assignment or agreement by or with Essence E-Services.
2. General terms and conditions of client or third parties are not binding for Essence E-Services and are not applicable.
3. In all cases in which an agreement with the customer ends, these general terms and conditions continue to control the relations between the parties insofar as this is necessary for the settlement of that agreement.
4. Essence E-Services is entitled to change these terms and conditions unilaterally. Changes also apply to agreements already concluded. Changes take effect in two weeks after publication or specified date by means of a written notice or a notice on the webpages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, the customer has the right to terminate the agreement in writing as of the date on which the changed conditions take effect, until the changes take effect. After the moment of entry into effect, the customer is deemed to have accepted the changes – tacitly
3. Offer and acceptance
1. All quotations and quotations made by or on behalf of Essence E-Services are without obligation, exclusive of VAT and per year. Unless indicated otherwise.
2. Essence E-Services has the right to withdraw quotations. The quotations have, unless specified otherwise in the quotation, a validity period of a maximum of 14 days, starting from the date stated in the quotation. The quotation is at all times based on the information provided by the customer.
3. If conditions for the use or the application of a particular domain name or domain name extension are set by the authority issuing the domain name or extension, the customer must comply with these conditions, failing which Essence E-Services is entitled to the domain name registration of the Customer, or to suspend the registration procedure.
4. Start of the contract
An agreement is concluded on the day that the following conditions are met: the (digital) quotation or contract form, completed by the client, received and accepted by Essence E-Services.
5. Duration and termination
1. Unless the agreement states otherwise, an agreement is entered into for all other products and / or services of Essence E-Services for the duration of 12 months, the term is also indicated on the invoice. After expiration of a term tacit renewal takes place for the same period, subject to timely cancellation by the customer or Essence E-Services as described in article 5 (2).
2. Termination of an agreement by the client must take place at least two (2) calendar months before the end of the agreed term. Essence E-Services has the right to terminate the agreement at any time in writing or by e-mail, whereby a notice period of at least two (2) calendar months must be observed. Cancellation by the customer must be done in writing by post, the date of the postmark being the date of cancellation. Cancellations by e-mail can not be processed.
3. A transfer of a domain by the customer to another provider is not a termination of the contract.
4. After receiving the cancellation, Essence E-Services sends a confirmation of cancellation, without this confirmation there is no proof of cancellation and the agreement continues. The confirmation will be sent to the e-mail address of the administrative contact as known to our customer administration.
5. Essence E-Services has the right to terminate the agreement with immediate effect if the client does not, not properly or completely comply with one or more of its obligations towards Essence E-Services or acts in contradiction with it.
6. Essence E-Services reserves the right to no longer maintain domains after exceeding the payment term by 1 month.
7. Essence E-Services has the right to terminate the agreement without notice of default or judicial intervention with immediate effect if the client has been declared bankrupt, has requested or obtained suspension of payment or has otherwise lost the free management or its assets. The latter party is then not entitled to any compensation.
8. Essence E-Services has the right to terminate the agreement with immediate effect and without judicial intervention if:
a) the client makes improper use of services provided by Essence E-Services
b) pornographic images are distributed
c) Dutch legislation is violated
d) international law is violated
6. Downgrade product
1. Products can be converted into other products by the client, when it concerns a conversion to a cheaper product we speak of a downgrade. The lower rate then applies to the next invoice period. A downgrade of an agreement by the Customer must take place at least two (2) calendar months before the end of the agreed term for the current contract. A downgrade by the customer must be made in writing by mail or by fax. Downgrades by e-mail can not be processed.
7. Obligations of Essence E-Services
1. Essence E-Services, as a good service provider, makes every effort to: provide the Essence E-Services service (s) determined in the agreement; establishing and maintaining the connections that can be made to the internet via the system; the security of data that is stored.
2. However, Essence E-Services can not guarantee unrestricted access to the system and the internet, nor that Essence E-Services services can be used at all times.
3. Essence E-Services refrains from viewing personal e-mail and / or files from customers and does not make them available to third parties, unless Essence E-Services is obliged to do so by law or a court order, or in case the customer acts, or is expected to act, in violation of article 8.2 up to and including 8.3 of these general conditions.
4. Essence E-Services is reluctant to send e-mail to customers. Essence E-Services does not allow third parties to use its mail file and does not send offers to customers at the request of third parties. Customers do receive the (free) Essence E-Services Newsletter, with service announcements and news about the services and products of Essence E-Services. If you no longer wish to receive this newsletter, you can send a request by e-mail to servicedesk@essence-eservices.com
8. Obligations of the customer.
1. The customer shall act and behave in accordance with what may be expected of a responsible and careful internet user. The customer will inform Essence E-Services in writing as soon as possible of any changes in relevant data. The customer is responsible for the presence of the most recent customer data, or contact details, in the administration of Essence E-Services.
2. The customer refrains from hindering other customers or internet users and causing damage to the system. The customer is not permitted to start up processes or programs – whether or not via the system – of which the customer knows or can reasonably suspect that this is obstructing or causing damage to Essence E-Services, other customers or internet users. Here, indirect damage is also explicitly included due to misconfiguration on the customer side, for example but not exclusively open relaying by a misconfigured mail server. The customer is only allowed to start up processes or programs if there is a direct connection to the system permitted by Essence E-Services.
3. The customer is not permitted to use the system and the writing space for actions and / or conduct that are in conflict with applicable legal provisions, netiquette, agreement or these general terms and conditions. This includes, but is not limited to, the following actions and behaviors: spamming: the unsolicited sending of large quantities of e-mail with the same content and / or the unsolicited posting of a message with the same content in large numbers of newsgroups on the internet. This also includes spam sent via any other provider with reference to a website, e-mail address or other service at Essence E-Services; infringing copyrighted works or otherwise acting in violation of intellectual property rights of third parties; publishing or distributing child pornography; sexual intimidation or harassment of persons in other ways; hacking: the penetration of other computers or computer systems on the internet without permission.
4. The customer is not permitted to transfer his or her account, the manual or other rights arising from the agreement to third parties or to give it to third parties, unless Essence E-Services has expressly given its written permission for this. Without prejudice to the foregoing, the customer is permitted to have a website designed, installed and maintained by a third party. The customer remains responsible for the use of his or her account and password.
5. The customer is responsible for the necessary hardware and software, configuration, peripherals and connections to enable access to the system.
6. The customer is bound by the amount of writing space as described in the agreement. The customer is responsible that this amount is not exceeded. In the event of a large excess, Essence E-Services is authorized to delete information for the proper functioning of the Essence E-Services services.
7. With this permission, the customer gives Essence E-Services his or her personal data in the registration of Essence E-Services which is required for her administration and management tasks. This personal registration contains both account and traffic data and is only accessible to Essence E-Services and is not provided to third parties, unless Essence E-Services is required to do so by law or a court decision.
9. Delivery and delivery time
1. Delivery of the hosting account and domain name shall take place as soon as possible after written or digital instructions and delivery of data and documents and / or promotional materials required by Essence E-Services or at a later agreed time.
2. If there is a threat of exceeding the agreed delivery time, this will be communicated as soon as possible. In the event of force majeure on the part of Essence E-Services, the term will be extended by the period of that force majeure. Excessive exceeding of the delivery time can be considered as a ground for dissolution of the agreement.
3. In case of application and registration of a domain, account must be taken of a lead time of a few weeks.
10. Force majeure
1. Force majeure in relation to the agreement is understood to mean everything that is understood in law and jurisprudence. More specifically, all external causes that were not reasonably foreseeable and as a result Essence E-Services is unable to meet its obligations towards the customer. This includes, but is not limited to, faults in the connection to the Internet, disruptions in the telecommunications infrastructure, network disruptions.
2. Essence E-Services is not bound by its obligations under the agreement if performance has become impossible due to force majeure. The agreement will then be dissolved.
11. Data / email traffic
1.The data traffic / email traffic is determined by us using the method used in the software packages used by Essence E-Services as described on our website (for example software from the companies SWsoft, Plesk or CPanel).
2. The data / email traffic is limited by our fair use policy on the understanding that this should be acceptable in relation to the average consumption of the average user, if a website shows exceptional consumption it will be removed or get a surcharge over the extreme use. For our webhosting packages is in any case regarded as exceptional use: more than 3 gigabytes of data traffic per month. We inform the client of this extreme use and allow them to pay a surcharge on this extreme use of data / e-mail traffic, in consultation with Essence E-Services, if the relevant owner of the If the website does not agree with this, it will be given the opportunity to place the present website elsewhere and to remove it from the servers of Essence E-Services until 12.00 hours after the written notice. If the client does not respond to this, the standard rates for data traffic will be applied in full. The rates can be found at https://www.HostingHype.com and https://essence-eservices.com. Essence E-Services also reserves the right to remove the present website from its servers without further notice. No claim can ever be made on compensation in any form whatsoever.
12. Disk usage
1. The disk usage is determined by us using the method used in the software packages used by Essence E-Services as described on our website (for example software from the companies SWsoft, Plesk or CPanel).
2. Our hosting products have clearly defined limits with regard to the amount of disk space available to the client. When the allocated disk space is exceeded, the client is automatically informed of this by means of an e-mail. This mail is sent daily as long as the exceedance continues. If, in our opinion, this overrun persists for too long, we will inform the client of this in writing, who will then be given the choice to purchase more disk space or to reduce his / her use. If after seven days we have received no response from the client to our letter, we reserve the right to upgrade the package to the required volume so that there is no longer any question of exceeding the disk usage limit. If the disk usage limit is exceeded at any time after our writing, we reserve the right to re-upgrade the package. Essence E-Services also reserves the right to remove the present website from its servers without further notice. No claim can ever be made on compensation in any form whatsoever.
13. Prices
1. All prices stated on the site, as well as agreed prices are exclusive of VAT, unless otherwise stated.
2. Essence E-Services has the right to change the rates. Changes also apply to agreements already concluded. Changes take effect in two weeks after publication or specified date by means of a written notice or a notice on the webpages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, the customer has the right to terminate the agreement in writing as of the date on which the changed conditions come into effect, until the changes take effect. After the moment of entry into effect, the customer is deemed to have accepted the changes – tacitly.
3. Indexation: Essence E-Services reserves the right, without prior notice, to increase all prizes annually by a percentage. This percentage is maximally equal to 5 percent plus a percentage equal to the increase in the consumer price index, as determined by Statistics Netherlands, for the year prior to that of the price increase. It is expressly stated that price increases in connection with the indexation we apply do not constitute grounds for interim dissolution. Indexation is an integral part of the agreed price.
14. Payment terms
1. The payment obligation of the client commences on the day the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of products and services from Essence E-Services.
2. The compensation due in respect of the agreement is exclusive of VAT and possibly other levies arising from statutory regulations. The Client is furthermore liable for the fees arising from these conditions or regulations.
3. Depending on the term for which the agreement was entered, the costs due will be charged in advance, and must usually be paid in advance each year, by direct debit or digital payment via iDeal, PayPal or bank transfer invoice, if not Essence E-Services reserves the right to (temporarily) halt the performance on its part.
4. Essence E-Services sends the client an invoice per payment term for the costs associated with the agreement.
5. If the client has not paid on time, this will be communicated to the client and a further payment term will be determined. If payment is not made within that period, the client is in default without further notice of default.
6. If the client is of the opinion that the costs charged are incorrect, the client may make the objections known to the Essence E-Services within two weeks after the date on the invoice.After receiving the objection, the Essence E-Services will conduct an investigation into the correctness of the invoice amount.
7. The client is in default from the moment at which the due payment can not be collected due to the client, this applies to direct debit.
8. If amounts owed by the client can not be collected or not received, Essence E-Services will charge a default interest equal to the statutory interest, which will be payable from the moment the client is in default until the moment of collection. In addition, all reasonable costs incurred in obtaining payment in and out of court are at the expense and risk of the customer.
9. If an increased amount is collected by mistake, then Essence E-Services must immediately return the surplus of the amount collected at the first request of the client to the client. All this plus statutory interest from the day of collection up to the amount on which the said amount will be returned.
15. Liability
1. Essence E-Services in its activities depends on the cooperation, services and deliveries of third parties, where Essence E-Services has little or no influence on. Essence E-Services can therefore in no way be held liable for any damage resulting from the relationship with Essence E-Services or the breaking of it regardless of whether the damage occurs or becomes visible during the relationship with Essence E-Services.
2. In case of attributable shortcoming in the fulfillment of the agreement, Essence E-Services is only liable for replacement compensation, ie reimbursement of the value of the failed performance. Any liability of Essence E-Services for example for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost turnover or profit.
3. The Client indemnifies Essence E-Services against all claims for compensation that third parties may assert in respect of damage that has arisen in any way by the unlawful or careless use of the products and services of Essence E-Services delivered to the Client.
4. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, one has to take into account the fact that the information obtained or sent via the Internet is freely accessible. Essence E-Services can not be held liable for damage in any form whatsoever caused by sending confidential or secret information. Essence E-Services is not liable for the security or misuse by third parties of the data that is stored.
5. Essence E-Services is not responsible or liable for the content of promotional material supplied by the client.
6. The Client is responsible for supplying any necessary specific settings required for the proper functioning of third-party software or services.
7. The Client is liable for all damage that Essence E-Services may suffer as a result of a shortcoming attributable to the Client in the fulfillment of the obligations arising from the agreement and these conditions.
8. Changes to the client’s details must be immediately communicated to Essence E-Services by the client in writing. If the client does not do this, the client is liable for any damage that Essence E-Services suffers as a result.
16. Transfer of rights and obligations
1. The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
2. When domain names are registered by Essence E-Services in the name of Essence E-Services for the client, cooperation will be given to client assignments relating to the relocation, transfer or termination of these domain names. In all disputes in or out of court, the client who makes use of such a domain name is given the opportunity to take over the domain name on his / her own behalf. If the client does not respond to this within 24 hours, the registration of the domain name will be canceled by us. No claim can ever be made on compensation in any form whatsoever.
17. Decommissioning
1. Essence E-Services has the right to (temporarily) decommission delivered products and services and / or limit their use if the client has an obligation towards Essence E-Services in respect of the agreement or other agreements with Essence E-Services. does not comply with or acts contrary to these general terms and conditions. Essence E-Services will inform the client of this in advance, unless this can not reasonably be expected from Essence E-Services. The obligation to pay the amounts due remains also during the decommissioning.
2. The commissioning will be resumed if the client has fulfilled his obligations within a period set by Essence E-Services and has paid an amount set for this purpose for resumption, amounting to € 50 excl. VAT.
18. Modification of the conditions
1. Essence E-Services reserves the right to change or supplement these conditions.
2. Essence E-Services is entitled to change these terms and conditions unilaterally. Changes also apply to agreements already concluded. Changes take effect in two weeks after publication or specified date by means of a written notice or a notice on the webpages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, the customer has the right to terminate the agreement in writing as of the date on which the changed conditions come into effect, until the changes take effect. After the moment of entry into effect, the customer is deemed to have accepted the changes – tacitly
3. Changes are published on the site or sent by e-mail or in our electronic newsletter.
19. Dispute resolution and applicable law
1. If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and Essence E-Services and the client will consult in order to introduce new provisions to replace the void, or to agree on the stipulated stipulations, taking into account as far as possible the purpose and purport of the invalid or annulled provisions.
2. Only Dutch law is applicable to the agreement.
Essence E-Services
Countess Juliana van Stolberglaan 31
2263 AB Leidschendam
Box A90
the Netherlands
* Last modified on 20-04-2017
https://essence-eservices.com’s details
The full name of https://essence-eservices.com is Essence E-Services.
Essence E-Services’s registered address is
Gravin Juliana van Stolberglaan 31 t.a.v. Box A90 2263 AB Leidschendam The Netherlands
You can contact https://essence-eservices.com by email at our email address link at the top of this Terms and Conditions document.
