Terms and Conditions
GALAXYZ General Terms and Conditions as applicable to all agreements and quotations;
Article 1 Definitions
In these General Terms and Conditions, the following definitions are used, both in singular and plural.
1.1 General Terms and Conditions: the present general terms and conditions, regardless of the form in which they are made known (on paper or electronically).
1.2 GALAXYZ, with office at Jan van Duivenvoordestraat 79 (1067MT) Amsterdam, registered in the trade register of the Chamber of Commerce number: 67567924
1.3 User: an adult natural or legal person with legal capacity and power of disposal who has registered on the Website.
1.4 Registration: completely completing the registration form available on the Website, which makes it possible to use the Services of GALAXYZ.
1.5 Website: www.galaxyz.io and all other sites registered under the name of GALAXYZ;
1.6 Customer: the User with whom GALAXYZ has entered into an agreement and/or for whose benefit the legal act has been/will be performed, on the basis of which Services are provided to this party.
1.7 Services: all work and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between GALAXYZ and Customer. In particular the ‘real-time’ application of domain names, including, but not limited to, .eu domain names and the application of a hosting package for a website.
1.8 SIDN: The Internet Domain Name Registration Foundation.
Article 2 Applicability of General Terms and Conditions
2.1 The General Terms and Conditions apply to and form part of all offers, quotations, agreements and other legal acts, whether made orally, in writing, electronically or in any other form, regarding the provision of Services by GALAXYZ to or for the benefit of Customer.
2.2 The General Terms and Conditions also apply to Services in which GALAXYZ has wholly or partly involved services from third parties and supplies them, whether or not processed, to the Customer, as well as to Services that are commissioned for the implementation of the offer, quotation, agreement or other legal act. of GALAXYZ are provided to Customer by a third party.
2.3 Deviations from the General Terms and Conditions are only valid if they have been expressly agreed in advance by GALAXYZ and the Customer.
2.4 GALAXYZ expressly rejects the applicability of any general (purchase or sale) terms and conditions of the Customer.
2.5 If and insofar as any provision of the General Terms and Conditions is declared null and void or is annulled, the other provisions of the General Terms and Conditions will remain in full force. GALAXYZ and the Customer will then consult each other about a new provision to replace the invalid/annulled provision, whereby the purport of the invalid/annulled provision is taken into account as much as possible.
2.6 GALAXYZ is authorized to amend these terms and conditions at all times. Changes also apply to agreements already concluded, with due observance of a period of 30 days after written notification of the change. If the Customer does not accept a change to these terms and conditions, it can dissolve the agreement until the date on which the new terms and conditions come into force, or on the date of receipt of the cancellation if this date is after the effective date of the change. In this case there will be no (partial) refund of the amount already paid.
Article 3 Agreement
3.1 All offers from GALAXYZ are without obligation, unless expressly stated otherwise in writing.
3.2 All quotations made by or on behalf of GALAXYZ are without obligation, unless GALAXYZ has stated otherwise in writing or by e-mail.
3.3 All agreements between GALAXYZ and Customer are drawn up exclusively in Dutch.
3.4 An agreement is concluded when a User completes the order form placed on the Website by GALAXYZ.
3.5 The right of termination of Article 7:46d of the Dutch Civil Code does not apply to Services, including the hosting packages, since the specifications are provided by the Customer.
3.6 Additions and amendments to the agreement can only be made in writing.
3.7 The agreement is entered into for 12 months, unless agreed otherwise.
3.8 The agreement is automatically extended by the same period if no cancellation has been made via the customer panel no later than one (1) month before the end of the agreement.
If the Customer is a consumer, the Agreement will be entered into for a period of 1 year. The Customer has the right to terminate the Agreement at the end of this term, subject to a notice period of 1 month. If the Customer does not cancel the agreement, it will automatically be extended to an Agreement for an indefinite period. In this case, the Customer has the right to terminate the Agreement with due observance of a notice period of 1 month. Costs incurred by GALAXYZ on behalf of the Customer or which can no longer be canceled after the Agreement has taken effect will not be refunded as a result of the cancellation, or at least remain due after the cancellation. Cancellation must be done via online customer panel at https://galaxyz.io/customerpanel/
3.9 Specified terms for the delivery of Services by GALAXYZ serve only as a guideline and are therefore never fatal, unless expressly agreed otherwise in writing.
Article 4 Domain registration
4.1 The application and use of a domain name and/or IP addresses are subject to the applicable rules and procedures of the relevant registering authorities, including but not limited to the Netherlands Internet Domain Registration Foundation. The relevant authority decides on the granting of domain names and/or IP addresses. GALAXYZ only plays a mediating role in the application and does not guarantee that an application will also be honored.
4.2 Domain names are registered in Customer’s name and Customer is fully responsible for the use of the domain and domain name. The Customer indemnifies GALAXYZ against any claim from third parties in connection with the use of the domain name. This also applies to anonymous domain names.
4.3 If the customer has registered the domain name anonymously with GALAXYZ, GALAXYZ has the right at all times to provide the personal data of the actual holder to third parties.
4.4 With an anonymous domain registration, the customer remains responsible for the domain name. Any costs incurred will be recovered from the customer.
4.5 It is not permitted to register a domain name anonymously which is registered as a trademark or registered with the Chamber of Commerce.
4.6 GALAXYZ reserves the right to change the anonymous domain name to the customer data.
Article 5 Hosting
5.1 GALAXYZ has a best efforts obligation with regard to the availability of the server and the network, in accordance with the agreed service level. GALAXYZ is never liable if this level is not achieved at any time.
5.2 GALAXYZ is never liable for failure or inaccessibility as a result of force majeure, as well as failures in the internet or at other providers, power failure, attempts by third parties to cause failure or inaccessibility of a site, etc.
5.3 Customer is not permitted to use the Services and/or the disk space made available for:
a. acts and/or conduct in violation of the applicable statutory provisions, Netiquette or the guidelines of the Advertising Code Committee;
b. sending unsolicited e-mail and/or posting unsolicited messages with the same content in large numbers of newsgroups on the Internet (spamming);
c. infringing copyrighted works or otherwise acting in violation of intellectual property rights of third parties;
d. publishing or distributing criminal texts and/or image or sound material, including child pornography, racist material and discriminatory statements;
e. sexual harassment or otherwise harassing persons;
f. entering other computers or sites on the internet or an intranet without permission, whether or not any security is breached and/or access is gained through a technical intervention using false signals or a false key, or by assuming a false capacity (hacking);
g. spreading computer viruses;
h. any other act in violation of the law, the code of conduct, as well as what is appropriate in social intercourse.
5.4 The Customer is not permitted to rent out the disk space made available to third parties or to allow third parties to use it in any other way. This article only applies to web hosting and not to vps hosting, reseller hosting or cloud servers.
5.5 In the following cases, GALAXYZ is entitled to completely block or remove the Customer’s website from the server without prior warning and without stating reasons, without the Customer being able to assert any right to compensation and with the obligation to: to compensate GALAXYZ for all damage suffered as a result of the violation by GALAXYZ or by third parties. Subscription fees not owed will be returned or settled:
a. if the Customer violates the provisions of Articles 5.3 or if there is a serious suspicion of violation;
b. if (a part of) the Customer’s site is the cause or threatens to become the cause of a GALAXYZ server going down or becoming unreachable;
c. if it appears that the Customer has provided false and/or incorrect personal or company details;
d. if it appears that the Customer has entered into the agreement under false pretenses.
5.6 GALAXYZ has no influence on the information that is placed on the site or that is distributed via the servers and is not liable for any consequences thereof. Nor is GALAXYZ liable for the leakage of confidential data. Customer is responsible for the use of any credit card payment and acceptance mechanism or use of electronic money through the site or otherwise.
5.7 The Customer is responsible for exceeding the agreed amount of data traffic. This takes place in accordance with the agreed provisions.
5.8 If the Customer exceeds the agreed amount of data traffic, GALAXYZ is entitled to charge an amount for this on the basis of subsequent calculation. The standard subsequent calculation rate is EUR 0.25 per GB.
5.9 Customer ensures a regular backup of all files on the server, GALAXYZ bears no responsibility for any loss of data and the resulting damage.
5.10 GALAXYZ is entitled without prior notice to (temporarily) decommission the applications and/or to limit their use insofar as this is necessary for the required maintenance or for the improvement of the system or the application.
5.11 The temporary unavailability or reduced availability of the application never entitles the Customer to any refund of (part of) an invoice.
5.12 Customer is expressly not allowed to use IRC (Internet Relay Chat), nor any other comparable program.
5.13 The Customer is expressly not allowed to set up a chat service.
5.14 The Client is expressly not allowed to set up an (anonymous) proxy.
5.15 MySQL databases is based on a Fair use policy (both number and storage). In case of extreme use, GALAXYZ may ask to limit the number of databases and/or storage.
5.16 The Customer is expressly not allowed to use web space as backup and/or file storage (other than the Customer’s website and any
some backups thereof), including offering file, photo or video sharing
and using the Service as a backup medium. This is allowed for cloud servers.
5.17 Unlimited data traffic is based on Fair Use Policy
5.18 Unlimited storage is based on Fair Use Policy. In the event of abuse of our unlimited hosting and data traffic package, we are free to limit its use from now on. We will of course contact you to find the best solution together.
5.19 DDoS attacks and maintenance work are excluded from the offered uptime guarantee.
Article 6 Decommissioning
6.1 GALAXYZ has the right to (temporarily) decommission the Services provided and/or to limit their use if the Customer fails to fulfill an obligation towards GALAXYZ with regard to the agreement and/or acts contrary to these general terms and conditions and/or upon request of the competent authority. The obligation to pay the amounts due remains in existence despite the decommissioning.
6.2 Commissioning will be resumed as soon as possible after the Customer has fulfilled its obligations and has paid a set amount for commissioning and/or if GALAXYZ has permission from the competent authority.
Article 7 Prices and rates
7.1 All prices and rates stated by GALAXYZ are in euros, unless expressly stated otherwise in writing in advance.
7.2 All prices and rates stated by GALAXYZ are exclusive of turnover tax (VAT) and exclusive of any other levies imposed by the government, as well as exclusive of transport and delivery costs or travel and accommodation costs, unless expressly stated otherwise in writing.
7.3 GALAXYZ is entitled to adjust its prices and rates at all times. The announced price changes will take effect two (2) months after the announcement thereof.
7.4 Customer is entitled to terminate the agreement on the date of entry into force of the change. Cancellation must take place via the customer panel.
Article 8 Payment
8.1 The Customer’s payment obligation commences on the day the agreement is concluded. The payment relates to the period commencing on the day of the actual availability of GALAXYZ Services.
8.2 The Customer must pay GALAXYZ’s invoices within the payment term stated on the relevant invoice. If no payment term is specified on an invoice, a payment term of 7 (seven) days applies.
8.3 All payments by Customer to GALAXYZ will be deducted from Customer’s oldest outstanding invoices, regardless of any other designation by Customer.
8.4 Any appeal by the Customer to suspension, set-off or deduction is not permitted.
8.5 If the Customer does not pay any invoice from GALAXYZ within the payment term, the Customer will be in default by operation of law, without any notice of default or demand being required.
8.6 If no payment has been received on the due date, a Customer who is a consumer will owe statutory interest on the amount still due. A Client acting on behalf of a profession or company owes 1% interest per month.
8.7 If the Customer fails to pay the amount due, increased by the interest due, in accordance with Article 8.6, the Customer will owe reminder costs of € 35 excluding VAT.
8.8 In the event of non-payment, GALAXYZ will hand over the claim for collection. In that case, in addition to payment of the principal sum, the Customer is obliged to pay the interest and reminder costs owed thereon for all damage suffered by GALAXYZ, as well as all extrajudicial and judicial costs. The amount of the extrajudicial costs is at least 15% of the principal sum, with a minimum of € 238 including VAT.
8.9 If Customer is of the opinion that an invoice is incorrect, Customer can make his objections known to GALAXYZ within two weeks after the invoice date. Upon receipt of the objection, GALAXYZ will conduct an investigation. If objections are not submitted or are not submitted on time, the invoiced or collected amount will be regarded as correct and accepted by the Client.
8.10 If the customer uses the direct debit payment method, GALAXYZ will automatically collect the amount due from the specified bank account. The Customer is responsible for the correctness of the bank details provided, including but not limited to the account number and name.
8.11 If the customer uses the direct debit payment method and has the debit reversed, the customer owes administration.
Article 9 Termination
9.1 The Customer must cancel the agreement in accordance with Article 3.8 or Article 7.4. Cancellation must be done exclusively through the online customer panel at https://galaxyz.io/customerpanel/
9.2 Each party is entitled to terminate the agreement by extrajudicial dissolution if the other party fails imputably in the fulfillment of essential obligations under the agreement and such failure, after having been given proper written notice of default, does not rectify it within a reasonable period. Dissolution does not release the Customer from any payment obligation with regard to Services already provided by GALAXYZ, unless GALAXYZ is in default with regard to these Services.
9.3 GALAXYZ is entitled to terminate the agreement with immediate effect without notice of default and/or judicial intervention if:
1. Customer has been declared bankrupt;
2. Customer has applied for or obtained provisional or final suspension of payment;
3. Customer has lost free control over (part of) its assets;
4. GALAXYZ has reasons to doubt the Customer’s payment option to (timely) fulfill its obligations under the agreement.
9.4 GALAXYZ is entitled to terminate the agreement with immediate effect without judicial intervention, or to put it out of action, in the cases described in Article 4.
9.5 In the event of dissolution in accordance with the previous paragraphs, the Customer is not entitled to any compensation.
Article 10 Liability
10.1 In its activities, GALAXYZ depends on the cooperation, services and supplies of third parties, on which GALAXYZ can exercise little or no influence. GALAXYZ is therefore never liable for any damage resulting from the relationship between Customer and GALAXYZ or the termination thereof, regardless of whether the damage arises or becomes visible during or after the relationship with GALAXYZ.
10.2 Any liability of GALAXYZ for any other form of damage is excluded, including any form of additional compensation, compensation for indirect damage or consequential damage and damage due to lost turnover or profit and/or mutilation or loss of data.
10.3 The Customer indemnifies GALAXYZ against all claims for compensation that third parties may assert in respect of damage that has arisen in any way as a result of the unlawful or careless use of the services provided to the Customer by or through GALAXYZ. This includes, but is not limited to, a fine from SIDN for the transfer of any domain name without the permission of the rightholder and compensation to a third party whose domain has been transferred unlawfully.
10.4 If and insofar as GALAXYZ is obliged to pay compensation to the Customer in the context of these general terms and conditions, damage will only be eligible for compensation up to a maximum amount of €350.
10.5 The Customer is liable for all damage that GALAXYZ may suffer as a result of a shortcoming attributable to the Customer in the fulfillment of the obligations arising from the agreement and these general terms and conditions.
10.6 Changes in the Customer’s data must be immediately communicated by the Customer to GALAXYZ in writing. Failing this, the Customer is liable for any damage that the Customer or GALAXYZ suffers as a result.
Article 11 Personal data
11.1 By entering into the agreement, the customer gives explicit permission to process and/or store the personal data supplied in a database for the purpose of performing the agreement.
11.2 At the request of the Customer, GALAXYZ will disclose and/or change the data processed and to be processed by GALAXYZ in writing or by e-mail.
Article 12 Disputes
12.1 GALAXYZ decides in all cases not covered by these General Terms and Conditions.
12.2 All disputes between GALAXYZ and Customer are governed by Dutch law.
12.3 All disputes between GALAXYZ and the Customer will be submitted exclusively to the competent court in the District of Amsterdam.