General conditions

1.1 Introduction

The conditions described below apply to any agreement entered into between you, the Customer, and Kinamo SA (previously known as Firstserved SA), Hessenstraatje 2, 2000 Antwerp, Belgium.

By using our website, placing an order either by signing a printed document, by filling out and sending an online web form or giving an assignment you acknowledge having read, understood and agreed to the conditions of sale and the acceptable use policy and other documents Kinamo publishes frequently.

The conditions of sale, the acceptable use policy and the agreement specifics together form the integral agreement between you and Kinamo and replace all preceding oral or written proposals, agreements, documents, promises or deals referring to a specific agreement.

Kinamo has the right to modify the general conditions of sale. Modifications to the general conditions of sale apply as well to agreements closed at a prior date. Such modifications will apply 30 days after announcement, unless a later date is specified in the announcement.

In case the Customer deems that the new general conditions breach the spirit of the original agreement, the Customer is entitled to end the agreement by sending Kinamo a written notice.

In that case, the agreement will end 30 days after the sending of the notice.

1.2 Services

The delivery times are only given as an indication. If delivery takes longer then foreseen, the customer has no right to request a compensation or cancellation of the agreement.

Kinamo has the right to modify and alter different aspects of the services offered at its own discretion.

Such modifications and alterations are unavoidable in order to guarantee a high level of service, or in order to offer additional services to the Customer.

The Customer will be noticed of any pending changes by Kinamo. in advance, inasmuch as the proposed changes may have a negative impact on the Customer’s use of the services. The modifications and alterations mentioned have no impact on the Customer’s obligation payment liabilities.

1.3 Guarantees and limitations

Service reliability for Dedicated, Cloud Services, Virtual servers – if specified in the offer - server housing, server rack rental and IP services is guaranteed according to the Service Level Agreement applicable to the agreement and the Service Level chosen by the Customer. All financial compensations only contain the compensation for the customer.

Service reliability for Shared Hosting services is based on a best effort basis, since those services are provided in a shared environment, and Kinamo cannot be held liable for actions of other customers using the same environment.

Kinamo cannot offer any guarantee that the Customer will be able to register or renew a desired domain name, even if it seems to be available, since there is no way to avoid prior registration by a third party, and WHOIS databases may contain errors or blanks.

The customer agrees of knowing the general conditions applicable to hosting services by having read these on www.kinamo.be.

Kinamo will invoice additionally used bandwidth at the end of the month if more bandwidth is used compared to what was defined in the initial agreement between the Customer and Kinamo. Reports containing the monthly usage of bandwidth are at disposal for the Customer by consulting the Customer selfcare website.

1.4 Security

Kinamo will take all necessary actions in order to secure the services offered to the Customer. However, Kinamo cannot be held liable for any losses incurred by the Customer or a third party as a result of insufficient security measures.

If a customer notices unauthorized access to one of its services, the customer must inform Kinamo immediately. Kinamo can not be held responsible for any damage caused due to abusage of a service.

1.5 Customer obligations

In case the Customer should notice any unauthorized use of the services by a third party, he should inform Kinamo at the first notice. Kinamo cannot be held accountable for any losses resulting from such unauthorized use.

The Customer shall also refrain from putting the services offered to objectionable use, either by infringing the Acceptable Use Policy or by committing unlawful deeds.

The Customer shall also refrain from any use of the services which could conceivably hinder or cause harm to Kinamo or other customers.

The Customer is responsible for his use of the services, including but not limited to the confidentiality of the passwords obtained, the use of his e-mail addresses, and the content of his website.

Without prior written consent of Kinamo, no rights and obligations resulting from the agreement can be transferred to third parties.

The Customer is held to inform Kinamo of any change of address. Written communication from Kinamo to the Customer will be deemed binding when sent to the last known address the Customer has communicated.

Any changes in the role of the Customer, his staff or his agents will only affect the agreement after they have been communicated to Kinamo in writing, notwithstanding publication of those changes in public registers.

In case the Customer acts as an agent of a third party, in specific if the Customer acts as a reseller of services, the Customer asserts having the authority to bind the aforementioned third party to all conditions applying to the agreement. The Customer accepts full liability for any loss incurred by Kinamo incurred through a breach of the conditions mentioned.

1.6 Invoicing, Payments and Pricing

Kinamo has the right to change prices of its services based on price fluctuation made by the suppliers.

Services offered by Kinamo are invoiced and payable at the start of each new period. Invoices are payable within 15 days after the invoice date, unless mentioned otherwise.

Invoices are payable at the latest on the due date by payment on Kinamo's bank account mentioned on the invoice. If the invoice is not paid by the due date, a conventional moratory interest at a rate specified in article 5 of the law of 02/08/2002 for the Prevention of Late Payments will be due to Kinamo, without the need for a further notice of default. Each late payment also gives Kinamo the right to claim a compensation of 12% of the invoice amount, with a minimum of EUR 50, to cover Kinamo's administrative costs. All costs incurred by Kinamo to obtain payment either by an amicable procedure or by recourse to legal proceedings, including bailiff and lawyer fees, will be charged to the client.

If, after a second reminder - sent to the Clients contact email address - the invoice is not paid, Kinamo will sent a third reminder to the customer with an additional 7 EUR administrative costs. If after this third reminder, still no sign of payment is received for Kinamo, Kinamo has the right to consult the services of a third party to follow up the invoicing.

Complaints subject to delivery of services or work can not be used as reason for non payment or overdue payment of the invoices. If within a term of 7 working days, no written and signed complaint is received related to the invoice, the invoice shall be automatically be accepted by the customer, including the mentioned fees, products and services.

Complaints subject to delivery of services or work can not be used as reason for non payment or overdue payment of the invoices. If within a term of 7 working days, no written and signed complaint is received related to the invoice, the invoice shall be automatically be accepted by the customer, including the mentioned fees, products and services.

Insofar as the service comprises buying computer hardware of which ownership is to be transferred to the Customer, Kinamo will keep ownership of the hardware until the time due payment is made by the Customer

Insofar as the service comprises placement of computer hardware belonging to the Customer in a Data Centre, Kinamo reserves the right to withhold the hardware from the Customer until due payment of due invoices has been made.

Payments made by the Customer will in the first place be used in payment of any interests or damages due, in the second place in payment of the unpaid invoices with the oldest date, notwithstanding any mention that the payment should service in payment of a specific invoice.

1.7 Duration and termination of the agreement

The agreement has an initial duration of one (1) year, unless mention of a different duration is made in the proposal or agreement specifics.

The agreement can be terminated by written notice sent at least six (6) weeks before the end of the initial period. If no termination request was received, the agreement period will be lengthened for the duration specified in the original proposal or if no specific duration is mentioned, for one (1) year starting at the day of termination of the previous agreement.

Kinamo has the right to terminate the agreement or to suspend access to services without prior notice in case the Customer does not respect the conditions of the agreement such as not paying in time, not following the Kinamo policy, etc...

Kinamo will inform the Customer beforehand of the possibility of these actions. The Customer will have no recourse whatsoever for any losses incurred as a result of the termination of the agreement or suspension of services due to a breach of the agreement.

Kinamo has the right to terminate the agreement should the Customer go bankrupt, ask for a judicial agreement, or in general is not able to meet his financial obligations toward Kinamo.

1.8 Liability

Kinamo is not to be held liable for any direct or indirect losses incurred by the Customer resulting from the agreement between the parties or any other obligation of Kinamo toward the Customer, unless losses can be attributed to a purposeful action or serious professional shortcomings of Kinamo.

Kinamo can only be held liable for direct losses incurred by the Customer which can be attributed to a shortcoming in the execution of the agreement, proved by the client and assessed by Kinamo. Liability in any case is limited to the net amount (VAT not included) of the service to which the losses pertain, and this during the period that the Customer has incurred losses.

Kinamo cannot be held liable for any indirect losses incurred by the Customer or third parties, including but not limited to loss of data, financial losses, claims by third parties etc.

All claims by the Customer against Kinamo will lose their validity after a period of one year after the situation out of which could lead to a claim has passed.

The Customer agrees to hold Kinamo free of any claims by third parties arising from the Customer’s usage of the service or from a breach of the agreement’s conditions by the Customer. This obligation shall not take end at the termination of the agreement.

1.9 Legal recourse

All transactions between Kinamo and its customers are governed by Belgian law.

In case of legal dispute of a matter pertaining to the agreement, judgement will be made only by the courts of Antwerp, Belgium,