Terms of service

Scope

These terms govern the supply of services by InformatiQ to a customer. A signed order form or service schedule takes precedence over anything written here where the two conflict.

Service delivery

We confirm a delivery date in writing before you commit. Where a date depends on a third party — hardware supply, or a cross-connect scheduled by the facility — we will tell you that at the time rather than after the fact.

Acceptable use

You may not use our services to do any of the following.

• Send unsolicited bulk email, or host infrastructure that supports it.
• Attack, scan or disrupt other networks, including through amplification or reflection.
• Announce IP space you are not authorised to announce, or forge routing information.
• Distribute material that is unlawful in the Netherlands or the European Union.
• Resell services in a way that obscures who is responsible for the traffic.

Suspension

We may suspend a service without notice where it is actively causing harm to our network or a third party. In every other case we will contact you first and give you a reasonable opportunity to resolve the issue.

Payment

Invoices are issued monthly in advance for recurring charges, and in arrears for usage-based charges such as 95th percentile transit. Payment terms are 14 days unless the order form says otherwise.

Term and termination

Virtual servers are month to month. Colocation and transit are typically twelve months, reflecting the capacity and cross-connects we commit on your behalf. Either party may terminate for material breach that is not remedied within 30 days of written notice.

Your data and hardware

Your data and equipment remain yours. On termination you have 30 days to collect hardware from our facilities and to retrieve data, after which we may dispose of what remains. We will not hold either hostage over a billing dispute.

Liability

Our liability in any twelve-month period is limited to the charges you paid in that period. We are not liable for indirect or consequential loss, including lost profits or lost data. Nothing here limits liability that cannot be limited by law.

Governing law

These terms are governed by the law of Netherlands, and the courts of Amsterdam have exclusive jurisdiction.