1: KRATOS HOSTING (COMPANY)

The company Kratos Hosting located at Voermanstraat 110 in Zwolle, registered with the Chamber of Commerce under registration number 877754177 and can be visited online via kratoshosting.com or my.kratoshosting.com.

2: CLIENT/CUSTOMER

Each a “Party” and collectively, the “Parties”.

WHEREAS the company is represented as ‘Designer’, ‘Seller’,’Hoster’ and ‘Maintainer”

Whereas the company wishes to offer the services of WEBSITE HOSTING, WEBSITE DESIGNING, WEBSITE MAINTENANCE and WEBSITE DOMAIN NAMES to the client under the settled term and conditions in this agreement. Whereas the client also wishes to accept the services under this agreement in the following terms and conditions.

The CLIENT/CUSTOMER agrees on the following terms and conditions;

Website hosting

1: COMPANY’S SERVICE

The company will provide the services of Website Hosting to the client.

2: CUSTOMER’S OBLIGATION

1. The customer is responsible for maintaining its data on the server. The customer is given a password and the internet address to alter and update the data.
2. The customer is obliged not to disclose the login information to unauthorized third parties. Customers shall inform the company immediately if they obtain knowledge that unauthorized third parties are aware of the password. Unauthorized third parties are not such persons who utilize storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
3. Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users.
4. In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate the company for the resultant or resulting loss and to indemnify and exempt the company from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt the company from all legal defense costs (costs for courts, lawyers, etc.).
5. This does not affect the company’s right to take further measures, in particular to bar the contents and to issue an extraordinary notice of termination.

3: TEMPORARY BAR

1. The company is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated.
2. If the customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of the company or its agents, the company is entitled to immediately bar the offer of the customer. The bar shall, if possible, be restricted to the programs causing the negative impact. The customer shall be informed immediately of the bar and should be given reasons.
3. The company is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer, on two successive occasions, defaults in paying the agreed fee or a significant part thereof. The company shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, The company shall immediately remove the bar.
4. Despite the bar of an offer for one of the above mentioned reasons, the customer is obliged to pay the agreed fee, even for the period where the bar applies.

4: DISRUPTION OF AVAILABILITY, OTHER DEFECTS

1. If disruptions of system availability occur, the customer shall inform the company of this immediately. The company shall attempt to remove the disruption of availability immediately.
2. In the event of long-term, substantial defects of storage, the company is entitled to remove the defects within a period of grace of 14 days granted by the customer. If a substantial defect cannot be removed within the period of grace, the contract partner can reduce the fee payable. 
3. The company may scan websites for vulnerabilities, contact the customer and temporarily suspend the website if no reaction is given within 14 days.

5: ADDITIONAL LIABILITY PROVISIONS

1. The company is not responsible for the content of the customer’s saved data or the saved contents. The company also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
2. In addition, the company is not liable for any damages caused by the circumvention of password protection and similar protection facilities through “hacking” on the server used by the customer. The company and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorized third parties to influence the system in and via the internet.
3. The customer or the Company Kratos Hosting cannot be held responsible for the downtime of services that they do not deliver, like a malfunction in public infrastructure ( IANA ,RIPE etc are down. Or a network cable that connects continents is cut etc.), malfunctioning caused by DDOS or Hackers, Sickness of personal, wars, etc. If these issues are longer than 2 months, the customer can cancel the terms and conditions and get a (partial) refund (according to the usage).

6: REMUNERATION

1. The web hosting fees are payable by the customer in advance, at the beginning of a quarter, following invoicing.
2. In case of uptime in hosting if the client exceeds the general take-down when the following issues occur: customer is serving: any porn, discriminating or hateful content, serving torrents or links to torrents, files containing malware, explaining criminal activities then the Company may press-charges when any aforementioned thing occurs.
3. The uptime indication is 99.9% per quarter.
4. All prices that are shown are including Dutch taxes (21%). The parties can only change the pricing under a contract (except if paid full already). Orders that include pricing errors can be reversed.
5. The client is legally bound to pay the settled services price within the due time as settled between the parties. If the client failed to timely pay the service price then the client will be legally responsible under this agreement to pay the 10% of the total amount as a late fee penalty.

7: CONFIDENTIALITY

The company and the customers acknowledge that they both will not share the data secrets of each other. The company will protect the data secrets and any other confidential information of the customer and the customer will protect the data secrets and any other type of confidential information of the company. The company will delete the website data within 14 days, customer data will remain, except if the customer creates a ticket or mails to the company to remove it.

8: TERMS

1. The agreement is concluded for an indefinite period.
2. The agreement can be terminated by both parties at the end of a quarter. The notice of termination must be received by the respective recipient at least two months prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause

9: RETURN POLICY

The customer hereby acknowledges that the company only offers the 14 days return policy that starts on the day that the hosting plan has started.

10: WARRANTIES/CUSTOMER’S ACKNOWLEDGEMENT

The Customer acknowledge as;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representative {hereinafter collectively, “Release,” “I”‘ or “me”, which terms shall also include Releaser’s parents or guardians if Releaser is under 18 year of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive all rights, claims or causes of action of any kind arising out of my service of website hosting.

I FURTHER AGREE to indemnify, defend and hold harmless the Releases against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

Website Designing

1: SCOPE

This Agreement sets forth the terms and conditions whereby Designer agrees to produce a certain Website (as discussed) for Client. Designer will be engaged solely and exclusively for the limited purpose of providing this Website for the Client. Neither party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.

2: DESCRIPTION OF SERVICES AND WARRANTIES

The Client hereby engages the Designer, and the Designer accepts such engagement to provide the Website services for the Client (hereinafter, the “Website”): Designer represents and warrants that Designer has the knowledge, skills, and experience necessary to produce the Website. Designer agrees that the Website will be original. Designer also guarantees that the final Website will be free from any plagiarism or likeness to a Website not belonging to or created by Designer. The Website will become the intellectual property of Client, free and clear, as a work made-for-hire. The deadline for the completed Website to be delivered to the Client is as follows: [DEADLINE FOR DELIVERY OF WEBSITE].

3: SCHEDULE

The Parties agree to the following schedule:

1. Initial Draft Date: ___________.
2. Client Comment/Approval Date:______________ not to exceed 14 days from delivery of initial draft.
3. Final Design Date: ____________.
4. Clients shall be entitled to ____ revisions. Any revisions beyond ____ shall be chargeable at a rate of $_______.

4: PAYMENT

The Parties agree to the following Payment and Payment Terms:

1. Total Fee for Services: ________
2. Upfront Fee (Due Before Project Start Date): _______
3. Additional fees, costs and expenses may be invoiced in the event that additional revisions above item 3(d) are requested.
4. The client is legally bound to pay the settled services price within the due time as settled between the parties. If the client failed to timely pay the service price then the client will be legally responsible under this agreement to pay the 10% of the total amount as a late fee penalty.

5: CONFIDENTIALITY

During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Website in its final form. Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.

 6: OWNERSHIP RIGHTS

Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, the Client will own the final website design. While Designer will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs, HTML code widgets, CSS, Javascript or other embedded code it may create as a result of this Agreement.

7: CREDIT

1. Client shall credit Designer’s names on works created hereunder in a manner agreed to by the Parties in writing prior to the release of the Works to the public.
2. The designer has the right to add the link of the designed website into the designer’s website in the footer.

8: INDEMNIFICATION

Designer and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from bodily injury, death of any person, damage, real or intangible, to personal property resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.

9: REPRESENTATION AND WARRANTIES

1. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge.
2. Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.

10: DISCLAIMER OF WARRANTIES

Designer shall create a Website for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).

11: LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOSS BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY. Survival. Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement

12: RETURN POLICY

The client hereby acknowledges that the designer offers no return policy and the client cannot file any legal claims against the return policy rights.

13: WARRANTIES/CLIENTS’S ACKNOWLEDGEMENT

The Client acknowledge as;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representative {hereinafter collectively, “Release,” “I”‘ or “me”, which terms shall also include Releaser’s parents or guardians if Releaser is under 18 year of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive all rights, claims or causes of action of any kind arising out of my service of website designing.

I FURTHER AGREE to indemnify, defend and hold harmless the Releases against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.