Terms & Conditions

1.1 The Customer may request Services directly via the Acendae website. The Agreement is concluded at the moment Acendae sends a confirmation and acceptance email (whether or not automatically generated).

1.2 Together with the Agreement, a Data Processing Agreement is concluded between Acendae (as Processor) and the Customer (as Controller), which is considered part of the Agreement.

1.3 The General Terms and Conditions always apply to the Agreement.

1.4 If the Customer is a consumer, they have 11 days after placing the order to terminate the Agreement in writing and free of charge. However, domain names are excluded from this, as they are based on the Customer's specifications (custom-made) or are of a personal nature.

2.1 After the Agreement has been concluded, Acendae shall execute it to the best of its ability and in accordance with the requirements of care and professionalism.

2.2 Acendae will endeavor to provide high-quality, uninterrupted services and access to the data stored by the Customer; however, Acendae provides no guarantees regarding quality or availability, unless otherwise agreed and specifically stated in a Service Level Agreement (SLA).

2.3 Acendae reserves the right to temporarily disable its systems, website, or parts thereof for maintenance, updates, or repairs. The company will attempt to schedule maintenance outside of business hours and notify the Customer in advance. In the event of updates or repairs, the Customer may choose not to opt out of a specific update or repair. Acendae is not liable for damage caused by temporary shutdowns or updates/repairs.

2.4 The delivery times stated by Acendae are estimates, unless the specific SLA states otherwise.

2.5 If this is necessary for the execution of the Agreement, Acendae has the right to have certain work performed by third parties. Any additional costs arising therefrom shall be borne by the Client, unless otherwise agreed. These General Terms and Conditions also apply to the work performed by third parties in the context of the Agreement.

2.6 If agreed, Acendae will provide the Customer with access to an account. The account is accessible by entering a username and password. Any action taken via the account, or an account created by the Customer, is deemed to be performed under the responsibility and risk of the Customer. If the Customer suspects or has reason to suspect that an account is being misused, the Customer must inform Acendae as soon as possible so that they can take action.

2.7 Acendae offers a reasonable level of remote customer support via chat and/or email during regular business hours, unless otherwise stated in the specific SLA.

2.8 Changes to the Agreement, whether at the request of the Client or necessary as a result of unforeseen circumstances, which entail additional costs, shall be considered additional work and shall be invoiced to the Client accordingly. Changes resulting in a reduction of costs shall also be invoiced accordingly.

3.1 The Client is obliged to do everything reasonably necessary to ensure the timely and proper execution of the Agreement. In particular, the Client must ensure that all data which Acendae deems necessary, or which can reasonably be assumed to be necessary, is provided to Acendae in a timely manner. The period for Acendae to fulfill the Agreement shall not commence until all necessary data has been received.

3.2 If the Customer knows or suspects that Acendae will need to take additional measures to fulfill its obligations, the Customer must notify Acendae immediately. This applies, for example, if the Customer knows or should foresee a significant increase in demand on Acendae's systems that could potentially lead to the unavailability of the service. This is particularly the case if the Services are also provided to others via the same systems that Acendae uses for the Customer. After being notified, Acendae will take all possible steps to prevent the unavailability of the service. Unless otherwise agreed in writing, the Customer is responsible for all reasonably incurred additional costs.

3.3 The Customer may under no circumstances use the Services for High-Risk Applications.

3.4 If the Customer requires a permit or authorization from government authorities or third parties for its intended use of the Services, the Customer shall ensure that these are obtained. The Customer guarantees to Acendae that it possesses all necessary permits and authorizations for its use of the Services.

4.1 The Customer is prohibited from using the Services to violate Dutch or other laws or regulations applicable to the Customer or Acendae, or to infringe upon the rights of others.

4.2 The Customer is prohibited from using the Services to offer or distribute material that:

• is primarily intended to help others violate the rights of third parties, such as websites with hacking tools or explanations of computer crime that appear intended to enable criminal behavior rather than prevent it.
• is clearly slanderous, insulting, racist, discriminatory, or hateful.
• contains child pornography or pornography about bestiality, or appears to be intended to help others find such materials.
• violates the privacy of third parties, including but not limited to distributing personal data of third parties without consent or necessity, or repeatedly harassing third parties with unwanted communication.
• contains hyperlinks, torrents, or references to (locations of) materials that clearly infringe copyright, neighboring rights, or portrait rights.
• contains unsolicited commercial, charitable, or ideological communications.
• contains harmful content such as viruses or spyware.

4.3 The distribution of pornographic material via the Services is permitted as long as it does not cause a nuisance or other violation of these terms.

4.4 The Customer may not interfere with other customers or internet users, or cause damage to systems or networks of Acendae or other customers. The Customer is prohibited from starting processes or programs, whether or not via the systems of Acendae, if the Customer knows or has reason to suspect that doing so interferes with or causes damage to Acendae, its customers, or internet users.

4.5 If, in the opinion of Acendae, nuisance, damage, or other danger arises to the functioning of the computer systems or network of Acendae or of the services via the internet, in particular due to excessive sending of e-mails or other data, denial-of-service attacks, poorly secured systems, or activities of viruses, Trojans, and similar software, Acendae reserves the right to take all measures reasonably deemed necessary to avert or prevent this danger.

4.6 If Acendae receives a complaint regarding a violation of this article by the Client, or ascertains that such a violation appears to have occurred, Acendae shall notify the Client of the complaint or violation as soon as possible. The Client must respond as soon as possible, after which Acendae will decide how to proceed.

4.7 If Acendae is of the opinion that a violation has occurred, it will block access to the material in question, but without permanently deleting it (unless this proves technically impossible, in which case Acendae will make a backup). Acendae will endeavor not to obtain other material. Acendae will inform the Customer of the measures taken as soon as possible.

4.8 Acendae has the right at all times to report observed criminal offenses.

4.9 Although Acendae strives to act reasonably, carefully, and adequately following complaints about the Customer, Acendae is not obliged to compensate for damages resulting from measures taken pursuant to this article.

5.1 The application, allocation, and potential use of a domain name are dependent on and subject to the applicable rules and procedures of the relevant registering authorities, such as the Stichting Internet Domeinregistratie Nederland for .nl domain names. The relevant authority decides on the allocation of a domain name. Acendae plays only an intermediary role in the application and does not guarantee that an application will be granted.

5.2 An invoice for registration fees is not a confirmation of registration. The Customer will receive a written confirmation of registration from Acendae and can also check within their Account whether a domain name has been definitively registered in the name and/or on behalf of the Customer.

5.3 If a domain name cannot be registered in the name and/or on behalf of the Client, the Agreement shall be terminated or dissolved immediately. Acendae will send the Client a credit invoice for the amount already invoiced for the services not performed.

5.4 Acendae is expressly not liable for compensation for direct damage, indirect damage, consequential damage, lost profits, lost savings, and damage due to business interruption that would result from a failed registration attempt of a domain name.

5.5 The Client indemnifies and holds Acendae harmless for all damages related to (the use of) a domain name on behalf of or by the Client. Acendae is not liable for the Client's loss of its right(s) to a domain name or for the fact that the domain name is applied for and/or obtained by a third party in the interim.

5.6 The customer must comply with the rules set by registering authorities for the application, allocation, or use of a domain name. Acendae will refer to these rules during the registration procedure.

5.7 Acendae has the right to render the domain name inaccessible or unusable, or to register it in its own name, if the Client demonstrably fails to comply with the Agreement, but only for the duration that the Client is in default and only after the expiration of a reasonable period for compliance following a written notice of default.

5.8 In the event of dissolution of the agreement due to breach of contract by the Client, Acendae is entitled to terminate a domain name of the Client, subject to a notice period of two months.

6.1 The customer is prohibited from using more storage or data limits than indicated in the relevant service. Acendae reserves the right to charge the customer for excesses retroactively.

6.2 The company's Fair Use Policy (FUP) applies to services offering unlimited storage and data limits. This policy can be consulted on the Acendae website and is considered an integral part of the agreement.

6.3 If the storage and data limits are exceeded as a result of a hack or error caused by the customer or attributed to the customer, Acendae may invoice the customer for the excess usage.

6.4 Acendae is not liable for the consequences of the inability to send, receive, store, or modify data when an agreed limit for storage space or data traffic is exceeded.

6.5 In cases where an excessive amount of data traffic is caused by external factors (such as a Denial-of-Service attack), Acendae reserves the right to reasonably invoice the customer for the associated costs.

7.1 Acendae and its licensors retain all intellectual property rights to all materials developed or provided within the framework of the Agreement.

7.2 The Customer is granted exclusively the rights and powers expressly described in this Agreement, General Terms and Conditions, or additional written agreements. The Customer is not permitted to reproduce or distribute these materials without express permission, except in cases where there is clearly an unintentional error. The release of source code for materials is only required if expressly agreed.

7.3 Unless expressly agreed in writing, the Customer is prohibited from removing or altering any indication regarding copyrights, trademarks, trade names, or other indications of intellectual property on these materials, including indications of confidentiality.

7.4 Acendae is permitted to take technical measures to protect its materials. If such measures have been taken, the Customer is not permitted to remove or circumvent them, unless required by law.

8.1 All prices quoted by Acendae are exclusive of value added tax or other government levies, unless otherwise stated.

8.2 Acendae reserves the right to adjust prices if it appears that information provided by the Customer is incorrect, even after the signing of the Agreement.

8.3 If the Agreement relates to a service on a subscription basis, Acendae reserves the right to change the rates at any time.

8.4 The same conditions and procedures apply to price changes as to changes in Services and in these General Terms and Conditions.

9.1 Acendae will invoice the Customer for the amounts due. Acendae may also send electronic invoices. Acendae has the right to charge the Customer amounts due in advance before the Services are delivered.

9.2 The payment term of an invoice is due in advance, unless otherwise agreed in writing.

9.3 If the Customer has not made full payment within 11 days after the expiry of the payment term, he shall automatically be in default without the need for a notice of default.

9.4 If the Customer is in default, statutory interest is payable on the outstanding amount, and Acendae has the right to make the websites and other materials hosted for the Client inaccessible without further notice until the outstanding amounts, interest, and any other fees have been paid.

9.5 Unless the Customer is a consumer, the Customer may not attempt to suspend, set off or deduct amounts due.

9.6 If the Customer fails to fulfill any obligation under the Agreement, Acendae is entitled to repossess delivered goods and suspend Services without notice of default, in addition to claiming compensation for damages, lost profits, and interest.

10.1 Acendae and the Customer shall not be liable for any failure to perform any obligation under this Agreement if such failure is caused by an event or circumstance beyond the control of the Parties which could not reasonably have been foreseen or prevented at the time of entering into the Agreement.

10.2 Examples of such events or circumstances include:

• Disruptions in the public infrastructure normally available to Acendae and upon which the delivery of the Services depends, but over which Acendae has no actual control, such as the operation of the IANA, RIPE, or SIDN registers.
• Disruptions to the infrastructure and/or Services of Acendae caused by cybercrime, such as (D)DOS attacks or attempts to bypass network or system security.
• Shortages of or defects in goods, equipment, software, or other source material the use of which has been prescribed by the Customer.
• Unavailability of staff due to illness or other reasons.
• Government measures, general transport problems, strikes, wars, terrorist attacks and civil unrest.
• Natural disasters.
• Pandemics.

10.3 If a force majeure situation lasts longer than three months, either party has the right to terminate the agreement in writing. In that case, what has already been performed pursuant to the agreement shall be settled proportionally, without the parties owing each other anything else.

11.1 Both Parties shall treat all information shared between them before, during, or after the execution of the Agreement as confidential if the information has been designated as such or if the receiving party knows or ought reasonably to suspect that the information was intended to be confidential. Both Parties shall also impose this obligation on their employees and any third parties engaged by them for the execution of the Agreement.

11.2 Acendae shall not gain access to data that the Customer stores and/or distributes via the systems of Acendae, unless this is necessary for the proper execution of the Agreement or Acendae is legally required to do so by a court order or law. In such cases, Acendae shall endeavor to limit access to the data as much as possible.

11.3 The duty of confidentiality shall also continue to exist after termination of the Agreement for any reason whatsoever, as long as the disclosing party can reasonably rely on the confidential nature of the information.

12.1 The Client and Acendae agree that Acendae is a "processor" and the Client is a "controller" of personal data as defined in the General Data Protection Regulation. In cases where personal data is processed in accordance with the Agreement, the Data Processing Agreement applies.

12.2 The Customer is solely responsible for compliance with all legal obligations regarding the processing of personal data within the framework of the Agreement. The Customer is responsible for ensuring that the processing of personal data is lawful and that the rights of third parties are not violated.

12.3 The Customer agrees to indemnify Acendae against legal claims or fines imposed by supervisory authorities, such as the Dutch Data Protection Authority, that may arise from the processing of personal data under the Agreement.

13.1 The Agreement for services relating to the registration, renewal, reactivation, or removal of a domain name from quarantine is entered into for a period of at least one month. If a domain name is transferred to Acendae, the Agreement shall be in effect until the next renewal date of the domain name.

13.2 Subscription services, excluding domain names, are entered into for the period stated separately for the services on the Acendae website.

13.3 Prior to the end of the Subscription, the Customer will receive a request for renewal for a period determined by the Customer. The Agreement will only be renewed if the Customer chooses to do so.

13.4 The Customer has the option to expand the Subscription Services automatically or manually.

13.5 If the Customer is a consumer, they have the right to dissolve the Agreement without giving reasons within 14 days after the conclusion of the Agreement. However, this cooling-off period does not apply to domain names that have been registered based on the Customer's specifications or that are of a personal nature.

13.6 If a fixed term has been agreed for the Subscription, both upon entering into the Agreement and upon renewal of the Agreement, neither party may unilaterally terminate the Agreement before the term has expired, unless there is a special ground for termination, as described in Article 13.7.

13.7 Acendae may suspend or terminate the Agreement in writing with immediate effect if at least one of the following special grounds applies:

• a) The Customer fails to comply with an essential obligation.
• b) The Customer has been declared bankrupt.
• c) The Customer has applied for a suspension of payments.
• d) The Customer's activities have been terminated or liquidated.

13.8 If Acendae suspends the performance of its obligations, it retains its rights under the law and the agreement, including the claim for payment for the suspended services.

13.9 The Customer may cancel via the same channel through which the Agreement was entered into.

13.10 Upon termination or dissolution of the Agreement, Acendae's claims against the Client shall become immediately due and payable. In the event of dissolution of the Agreement, invoiced amounts for services rendered shall remain due without the need for reversal. If the dissolution is attributable to the Client, the Client may only dissolve that part of the Agreement that has not yet been performed by Acendae, and Acendae shall be entitled to compensation for the damage arising directly or indirectly as a result.

13.11 Acendae's right to suspend in the aforementioned cases applies to all Agreements concluded simultaneously with the Customer, even if the Customer is in default with respect to one Agreement, and without prejudice to Acendae's right to compensation for damages, lost profits, and interest.

14.1 If the Customer has opted for automatic renewal and has met his payment obligations, the service will be automatically renewed at the end of the agreed term for the same subscription period.

14.2 The Customer is responsible for activating the automatic renewal option within their account.

14.3 The Customer is responsible for verifying whether the automatic renewal of the services has taken place.

14.4 For the renewal of the services, a request for automatic payment is submitted 14 days before the expiry date. Automatic renewal will only take place if the full payment has been received and processed by Acendae before the expiry date.

14.5 If the Customer has not fulfilled its obligations regarding the automatic renewal of the services before the expiry date, the Agreement shall be deemed dissolved on the expiry date.

14.6 The expiration date is understood to be the date on which Acendae's obligation to provide services under the Agreement with the Customer ends. The expiration time is set at 00:01 on the expiration date.

15.1 If the Customer has opted for manual renewal, the services terminate at the end of the agreed term, unless the Customer initiates a renewal of the service.

15.2 It is the customer's responsibility to monitor the expiry date of the services and to take action to renew them.

15.3 If the customer wishes to renew, he/she can do so by logging into his/her account on the Acendae website and completing the renewal and payment process.

15.4 Manual renewal is only possible after Acendae has received and processed full payment for the services. Therefore, the customer must arrange the renewal and payment for the new term at least five days before the expiration of the current term of the services.

16.1 Upon termination of the agreement, as a result of cancellation or dissolution, Acendae is entitled to immediately delete or render inaccessible all stored data and to close all customer accounts.

17.1 Acendae reserves the right to modify or supplement the services and these general terms and conditions. Amendments will also apply to agreements already concluded, subject to a notice period of thirty days.

17.2 Changes will be announced on the Acendae website, or via another channel through which Acendae can demonstrate that the announcement reached the customer. Minor, non-substantial changes may be implemented at any time and do not need to be reported.

17.3 If the Customer does not wish to accept a change, he must notify Acendae of this in writing and with reasons within two weeks of the notification. Acendae may then reconsider the change. If Acendae does not withdraw the change, the Customer may terminate the agreement from the date of the notification until the date on which the new terms and conditions come into effect.

17.4 Provisions regarding specific services, if applicable, shall prevail over general provisions regarding all services. Further or deviating agreements between Acendae and the Client, or provisions or conditions stipulated by the Client, shall only prevail over these general terms and conditions if they have been accepted in writing by Acendae.

18.1 The agreement is governed by Dutch law.

18.2 To the extent not otherwise prescribed by rules of mandatory law, all disputes that may arise in connection with the agreement shall be submitted to the competent Dutch court for the district in which Acendae is established.

18.3 If any provision of the agreement proves to be invalid, this shall not affect the validity of the entire agreement. In that case, the parties shall adopt new provisions to replace the invalid provision, thereby giving effect to the intent of the original agreement and general terms and conditions as far as legally possible.

18.4 Information and notices, including price indications, on the Acendae website are subject to programming and typographical errors. In the event of a conflict between the website and the agreement, the agreement shall prevail.

18.5 The log files and other electronic or non-electronic files of Acendae constitute full proof of the statements made by Acendae, and the version of any (electronic) communication received or stored by Acendae shall be deemed authentic, subject to proof to the contrary by the customer.

18.6 The parties shall immediately notify each other in writing of any changes in name, postal address, email address, telephone number and, if requested, bank or giro account number.

18.7 Each party is entitled to transfer its rights and obligations under the agreement to a third party only with the prior written consent of the other party. However, such consent is not required in the event of a business acquisition or the acquisition of the majority of the shares of the relevant party.