General Terms and Conditions

Netherlands data center service: Scope

    • These terms are applicable to all offers, agreements and obligations arising in respect of the aforementioned Netherlands data center service, user rights and / or products by the Factory, Data Center B.V., hereinafter the ‘Factory data center‘,  to or for the benefit of Client.
    • In case of specific provisions in the Agreement are inconsistent with these Terms and Conditions the provisions of the Agreement will prevail.
    • Deviations from these General Terms and Conditions are only valid if and insofar as expressly agreed in writing. Deviations only apply to the convention that is made.
    • General purchase or other terms and conditions of the Client does not apply to the legal relationship between Client and the Factory data center and are hereby expressly rejected.
  1. Definitions
    Under the following specified terms with an initial capital, it will be defined as follows:
    • Agreement: a service agreement with annexes which will be concluded between Factory data center and Client.
    • Service: Factory data center Service(s) which Client is using which are described in his Agreement or Service terms.
    • Annexes: the annexes to the Agreement form an integral part of the Agreement.
    • Client: The contracting party (or who has an authorization to) that uses Factory data center Service(s).
    • Connection: The network connection Service which Client is using.
    • Documentation: technical and functional descriptions, user manuals in any form whatsoever.
    • Equipment: The equipment / hardware for Client and/or Factory data center, including the system software.
    • Failures: the failure of the Service in order to the specification or Service Level Agreement as set out in the Agreement.
    • Intellectual Property: patent, copyright, trademark, drawing and design rights and / or other (intellectual property) rights including sui genesis rights to databases and topographies of semiconductor products or other productions as well – whether or not patentable – technical and / or commercial know-how, methods and concepts.
    • SLA: the Service Level Agreement which may be added to a Service Agreement where generally all Service terms and guarantees are described.
    • Software: computer programs also including system software, Factory data center cloud applications, application software and user interfaces with associated documentation and materials.
    • Staff: by Factory data center enabled servants and / or assistants who will work under the responsibility of Factory data center during the execution of an Agreement.
    • Supplier: the third party engaged by Factory data center in the execution of the Agreement.
    • Confidential Information: oral or written information provided by a party of which it is absolutely clear that it is confidential information, as well as information from the other party when it is indicated that it should be treated as confidential; confidential information will at least be understood; without this list being considered complete:
      • The identity of the Client and/or other business partners or potential clients and business associates.
      • Names, addresses and telephone numbers of individual contacts.
      • Substantive information, whether or not detailed services, ongoing contracts and submitted tenders.
      • Messaging traffic and computer data.
      • Personal data.
      • Pricing, marketing strategies, product strategies and internal and external procedures.
      • Technical and commercial know-how.
      • Budgets, estimates made and other non-public financial information, government policies and other business strategies.
      • Business: the by or on behalf of Factory data center (to be) delivered business to Client pursuant to the agreement.
  2. Offers and the development of Agreements
    • All offers made by Factory data center are valid for fifteen (15) days or as otherwise specified in the offer and not binding. Factory data center reserves the right to withdraw its offer made within seven (7) days after its acceptance.
    • If the acceptance deviates from the offer of Factory data center, this acceptance by Factory data center is considered an invitation to make a new offer.
    • Unless Factory data center withdraws its offer, an agreement is established by written acceptance by Client of Factory data center offer. The Agreement may also be concluded electronically. The agreement which is electronically entered is only established after Factory data center has expressly confirmed Client about the commission by email.
    • Client is legally bound after he has commissioned Factory data center or accepted a Factory data center Agreement or explicit online agreement.
    • Factory data center is not bound by the content of website(s), flyers, printing or any other form of expression, unless a reference is expressly made to in the Agreement concluded between the parties.
    • Client must inform Factory data center of any change in the data with which he has entered into the Agreement.
  3. Obligations
    • Unless explicitly stated otherwise in or under the Agreement, Factory data center will do its utmost to remedy a problem as soon as possible.
    • Factory data center will endeavor to ensure that the Services (continue to) meet the requirements as agreed upon.
    • Factory data center strives for optimal availability of the Services. However, Factory data center is explicitly not responsible for the (undisturbed) performance of network connections, unhindered access to and uninterrupted use of the Services, correct and undamaged data transfer and the total reliability of services.
    • Factory data center is never required to restore lost data or to compensate for damage caused by the loss of data.
    • Factory data center will refrain from viewing data traffic and / or files from Client, which is not intended for her, and will not make it available to third parties unless Factory data center is obligated to do so by Law or court order, or in the event Client is acting, or is suspected to act in conflict with these Terms and Conditions or the law, or if deemed necessary by Factory data center for the security of the equipment, software and / or the Services.
    • If and insofar Factory data center pursuant to statutory provisions or under the Agreement proceeds to storing (traffic) – data relating to the Services during the period, Factory data center is entitled to charge Client for those additional charges.
  4. Services Changes
    • Client shall at all times be entitled to request in writing to Factory data center to extend or change the Service(s) rendered under the Agreement. Such a change will only apply if an agreement has been reached on this.
    • Factory data center will within a reasonable time after such modification instruction specify in writing what consequences the change has related to the Service and eventual any service levels as also the costs of the work.
    • Factory data center is entitled to reasonably change the Services to its own opinion. Factory data center is not liable for any consequential damage from it. All adjustments with financial or service consequences for Client must be communicated by Factory data center at least 1 month in advance, before the Service change is into operation. If Client does not agree to the Service change, Client has the right to terminate his Agreement within 60 days of the Service change notification, stating from the date when change was communicated by Factory data center to Client.
    • Factory data center has the right to freeze, terminate or limit the use of the system and / or services (temporarily) without prior notice to the extent necessary for the reasonably required (urgent) service to provide the system and / or services. improve and / or limit (later) damage for Client. Client has no right to compensation. Factory data center will inform Client and / or user about this afterwards.
  5. Client requirements
    • Client is obliged to provide all reasonable cooperation necessary for the provision of the Services and related management tasks, such as making all areas accessible at all times for Factory data center and / or Subcontractor in which technical facilities for the provided services are located. Access to these areas is always accompanied by a representative, unless the Client writes Factory data center and / or relieves supplier from that duty. Factory data center and / or supplier will promptly notify the time and the person who will carry out the activities for Client.
    • Connection relocation will serve as additional work which should be timely given a separate order for that purpose by the Client.
    • The Services and use that are provided and delivered under the Agreement by Factory data center may only be used for legal and legitimate purposes. Moreover, these may only be used in such a way that does not infringe rights of third parties, including but not limited to intellectual property rights.
    • Client guarantees that the user will always comply strictly and faithfully to the obligations arising from the Agreement and these Terms and Conditions. Insofar as obligations of user are so much obligations of the Client. The client is always responsible for any use – including the unauthorized use – which will made of the Service(s).
    • Client will inform to Factory data center in writing as soon as possible regarding any changes in relevant data concerning the Client.
    • Client must comply with the (technical) regulations, conditions, house rules and procedures, that are provided by or on behalf of Factory data center , in accordance with the definitions in the Agreement or their General Terms and Conditions.
    • Client will refrain from hindering Factory data center and other users of the services of Factory data center and will refrain from damaging the property of Factory data center and other users. It is prohibited to use processes or programs which principal knows or can reasonably expect that they may hinder Factory data center or users of the services of Factory data center or can cause damage.
    • It is prohibited for Client and/or its user to allow, or transfer rights to third parties to use the manual or other out wear of the Agreement rights, unless Factory data center gives expressly written permission.
    • Client is obliged to follow reasonable instructions of Factory data center concerning the use of the services. It is expressly not permitted for the Client without Factory data center prior written consent, to make the services and software published by Factory data center available to a third-party. Client is liable for any (un) authorized use of the Services, including, in particular, the login details, by third parties.
    • Client is fully responsible for all Factory data center services. Any repair of the fault (s) caused by Client will be reimbursed by Client to Factory data center . This includes for example, repairing electrical faults in the Client rack(s), preventing DDoS from attacking the Client its IP subnet and repairing damage caused by the Client in the server room.
    • Client will insure his own hardware and software and related personal services and / or products. This includes possible loss of income and damage to third parties and consequential damage.
    • Client itself will take care of backing up their data and systems.
  6. Deadlines
    • Agreed deadlines for the provision of the services by Factory data center will only apply provided that the Client has given Factory data center all the required information needed for the execution of the Agreement.
    • Unless expressly agreed otherwise, agreed dates are only target dates.
    • Factory data center is never in default by the mere lapse of agreed terms. For a written notice a reasonable period awarded after yet to come, which will amount to at least 14 days.
    • If Factory data center has an obligation under the Agreement that it cannot comply with within the prescribed period, he will immediately inform the Client in writing of such delay in the execution of the Agreement and will indicate the cause of the delay as well as the measures proposed by Factory data center to prevent or undo the (imminent) delay.
  7. Prices
    • The offered and / or agreed prices between the parties are exclusive of VAT.
    • Client pays Factory data center a fee for services, calculated based on the rates of Factory data center .
    • If activities are carried out by Factory data center which are not described in Client its Agreement, it is additional work. Additional work is done on a time basis and will be invoiced afterwards.
    • If there is additional consumption of data traffic and / or current (above the thresholds of the Agreement) and unless otherwise agreed by contract, the Client will reimburse Factory data center additional consumption.
  8. Payment
    • Agreed periodic payments per month have to be paid in advance by the Client.
    • Payment must be made without any discount or set off, within fourteen (14) days after the invoice creation date.
    • Factory data center will send invoices in singular to the Client by e-mail and / or available within the client panel set, indicating the posts to which the invoice relates and the period in which the Service(s) and / or additional work were granted.
    • If Factory data center cannot provide services in accordance with the Agreement due to circumstances that are not attributable to Factory data center (including the circumstances mentioned before in these terms), the payment obligations of the Client will remain in place.
    • If the Client has not paid the bill after the expiration of the deadline referred to in this Article, the Client shall automatically be charged for interest payment, calculated on an annual basis, equal to the composite statutory interest and will also owe extrajudicial costs which are set at 15% of the unpaid amount with a minimum of € 250, – excluding information and registration.
    • Client promises that payments made by him / her in the past by credit card, PayPal or other online payment services will never be denied, refunded, cancelled or made undone in any other way.
    • Client should always check payments for accuracy and any errors and report any inaccuracy within 15 days of the invoice to Factory data center . Any (periodic) payments that are overpaid by Client (any difference) will be refunded/credited to the Client up to a period of 3 months. If the client submits his request for credit to invoices later than 15 days to Factory data center , then Factory data center will not make up a credit invoice for the Client and / or perform refund.
    • Factory data center is entitled to annually review the monthly Service fee and adapt in accordance with the Consumer Price Index for all Households issued by the Central Desk of Statistics, called inflation. The inflation will be charged by a separate single invoice afterwards (retrospective) or by an adjustment of the monthly rate (at the beginning of the year) .
    • Client understands that from the beginning till the end of this agreement, Factory data center will have extra external costs for providing the Service(s) to Client. Therefore the purchased Service(s) will always be invoiced to the Client from the start date of the agreement no matter if the Service is (fully) used by Client or not. This will prevent future discussions between Factory data center and Client and makes clear that, if the Service is not used by Client he still has to pay for it.
  9. Retention of title
    • All delivered materials and services remain property of Factory data center until the amount due under the Agreement has been fully paid, including any interest and (extrajudicial) costs.
    • If the delivery (also) involves a license to Intellectual Property Rights, as in the case of software, the client becomes owner of the physical medium (disc, CD-ROM, electricity) after payment and the Client gets a contracting authority license for the duration of the Agreement and subject to the conditions contained in the Agreement.
  10. Security
    • Factory data center endeavors to achieve adequate protection of the Services within the domain of Factory data center . Otherwise Client shall bear the responsibility and risk for adequate security of its own systems, and other data – whether or not sensitive -information.
    • Factory data center guarantees that personnel engaged by or on behalf of Factory data center in the implementation of the agreement are held with the principal security- taking under procedures which are communicated to Factory data center .
    • Factory data center guarantees that personnel engaged by or on behalf of Factory data center will take the implementation of the Agreement, all public law, including as set out in the Data Protection Act or the Data Protection Act into account.
  11. Intellectual Property
    • Unless otherwise agreed in writing, the intellectual property of any software, documentation and / or materials made available by Factory data center will remain with Factory data center and / or her respectively supplier.
    • When applicable, Client obtains only a non-exclusive and non-transferable license to use software, documentation and / or materials. The license may only be used in connection with the use of the Service(s).
    • The license is given for the duration of the Agreement (including any extension thereof). The fee for the right to use the software, documentation and / or materials shall be deemed to be included in the price payable by the Client to Factory data center under the Agreement.
    • Factory data center will indemnify the Client against claims of third parties arising from infringement by third parties alleged intellectual property rights relating to the software, documentation and / or materials made available by Factory data center , unless the infringement is caused by an alteration or addition or used by any other improper and / or violation of provisions of the Agreement and / or these Terms and Conditions. Client shall immediately inform Factory data center when third party claims are arising from intellectual property rights. As far as this lies within its power, Factory data center requires itself to, at its own expense, take all reasonable measures which may help to prevent stagnation of the Service(s) and to limit the additional costs and / or suffer damage of the Client .
    • Once the agreement is (prematurely) ending, the Client will upon first request by Factory data center return (carriers) the software, documentation and / or materials on which the intellectual property or proprietary rights in Factory data center or its suppliers, to Factory data center.
  12. Confidentiality
    • Without prejudice to the powers granted to the Client in the Agreement and General Terms & Conditions, both parties will keep any confidential information confidential, whether in writing or orally communicated.
    • Except for prior written consent of the other party, both parties will not make the information and data carriers outside the framework of the Agreement and / or Terms insofar as this is permitted and required to perform the agreed services.
    • The parties will guarantee that their staff and any third parties will commit in writing to comply with these confidentiality provisions.
    • Client will not make public and / or hand over communication with Factory data center to third parties and / or allow to them to view these. This will include made calls, e-mail exchanges, support / sales / administration ticket, quotations, (IM) conversations with similar articles.
    • None of both parties, will report details of the Agreement and / or Terms & Conditions party in publications or commercial expressions without written permission of the other party.
  13. Transfer of rights and obligations; subcontracting
    • The parties are not entitled to transfer the rights and obligations under the Agreement and / or Terms and Conditions to a third party without prior written consent of the other party. Client is not entitled to provide the Services to third parties.
    • Factory data center however, is authorized to transfer its rights and obligations under the Agreement and / or Terms to a third party over which Factory data center exercises control or with who Factory data center will enter a partnership, if and insofar the Client’s interests therefore are reasonably not prejudiced. Factory data center will notify the Client of this in writing.
    • Factory data center is entitled to use third parties to execute its duties under the Agreement and / or Terms and Conditions.
    • Factory data center exercised the utmost care in selecting its suppliers. If agreed, Factory data center will endeavor that the required (fixed) telecommunications links will be delivered in time.
    • If Factory data center is not able to achieve the connection in a timely manner and / or as accorded to realize the possible SLA because of a too late completion of (fixed) telecommunications an/or electricity connections, then Factory data center is not liable for any resulting damage.
  14. Liability
    • Factory data center is only liable for direct damage resulting from willful misconduct or gross negligence on the part of Factory data center .
    • If one of the parties fails to fulfill any of its obligations under the Agreement and / or Terms and Conditions, the other party will send the first party a notice of default, unless the fulfillment of the relevant obligations is already permanently impossible, in which case the defaulting party is in default immediately. The notice shall be in writing, which will be awarded to honor its obligations in still a reasonable period to the defaulting party.
    • The Client will be liable for damage which Factory data center suffers as a result of damaged and / or loss of equipment and / or software, disruption of services from Factory data center or other damage, caused by negligence and / or not acting carefully by the Client or his staff and / or operations of the Client or his staff that are not permitted by the Agreement and / or Terms and Conditions.
    • If Factory data center is liable and unless otherwise agreed in writing, Client will first appeal to its own insurance. Only if it does not pay, Factory data center’s liability is limited to a maximum of € 1000, – per event, with a maximum of one event per month and ten (10) events per calendar year (maximum of 10.000, -), which includes administrative and possibly legal costs. A series of related events is considered as one event.
      Regarding the subsequent said direct damage the following is taken into account:
      • Damaged hardware in the rack space rented by Client
      • Material damage caused by the failure of the reduced rack space in the data center Service.
      • Costs of necessary repair of equipment and other materials applied to restoration of direct damage caused by the failure of the reduced rack space in the data center service
    • All other damage (e.g. software, data, media, loss of income, loss of income by network and / or power outage etc.) caused by the failure of the purchased service at Factory data center , Factory data center is not liable and cannot be held accountable. It therefor always remains on expense of the Client.
      If there is a contractual agreement between the Client and Factory data center for crediting period invoices outages and / or downtime, only downtime caused by intent or gross negligence on the part of Factory data center will be included in the outage and / or downtime (month) period calculation. Things like cable cuts inside and outside the Factory data center network, DDoS attacks in general, downtime due to failure of hardware and / or software, configuration and / or software changes are covered by or for Client outside the outage and / or downtime (month) calculation period.
    • Any liability of Factory data center for consequential damage is excluded. Consequential loss is in this case includes:
      • Loss of income and / or profits
      • Expenses incurred to prevent, reduce or adopt consequential damages
      • Other damage than the direct damage referred to in this Article, including, but not limited to, consequential loss or damage to information and / or data
    • The restrictions contained in this Article will be lifted in case of third party claims for damages arising from death or serious injury and / or if there is intent or gross negligence on the part of Factory data center and / or on the part of the staff of Factory data center . The liability of Factory data center in that case is limited to the amount paid by the liability insurer of Factory data center .
    • Emergency and / or maintenance work, both in order to improve the Service(s) will be announced in advance as much as possible. Factory data center is not liable for damage due to failure and / or unavailability due to maintenance required of, or reasonably in connection with the Services.
    • Client is liable for all damage caused as a result of the use of the Service(s) or products delivered by Factory data center .
    • Damage as mentioned in this article shall be reported in writing to Factory data center as soon as possible, but no later than one weeks after it occurs. Damage that has not been brought to the attention of Factory data center within that period, is not recoverable (Factory data center not liable) unless the Client can demonstrate that he was not able to report the damage earlier.
    • All claims and actions against Factory data center lapse or expire, unless mandatory legal provisions, over three months after the day on which the harmful event occurred or the respective liability Factory data center becomes due.
  15. Indemnification
    • Client indemnifies Factory data center for all claims by third parties on any grounds whatsoever in connection with or arising from the use of the Services or other Factory data center provided services and / or goods (including liability for breach of (intellectual property) rights, invasion of privacy, trans border data flows) and will reimburse Factory data center for all claims arising from these costs, damages and fines.
  16. Force Majeure
    • If after the conclusion of the Agreement conditions arise or become known which Factory data center did not know or should have known about when entering into the agreement, as a result of which Factory data center cannot (timely) fulfill its obligations to Client, Factory data center shall not be in default and will be entitled to suspend its obligations. The Client is then entitled to suspend the payment until Factory data center has fulfilled its obligations.
    • If as a result of the aforementioned circumstances Factory data center can permanently not comply, Factory data center has the right to demand that the agreement is amended in such a way that compliance remains possible, unless this cannot be reasonably expected in the circumstances from Client and dissolution is justified. In the latter event the Agreement is terminated without Client can assert any right to compensation.
    • The aforementioned circumstances shall include any of the independent circumstances which permanently or temporarily prevents the performance of the Agreement, including but not limited to failures in connections to the Internet and other failures or interruption of telecommunication links or other telecommunication facilities, cable breaks, slow connections, power outages, war (danger), terrorist attacks, riots, strikes, (natural) disasters, accidents, government measures, delay / failure of delivery to Factory data center (including fuel, energy and water), transport difficulties, fire and disruptions in the business of Factory data center and other circumstances beyond the control of Factory data center or not reasonably foreseeable.
    • If either of the parties is unable to comply for a period of more than 15 working days due to force majeure or not culpable fails in its obligations under the Agreement, the other party has the right to dissolve the Agreement by means of a registered letter with immediate effect without creating any entitlement for compensation. If the non-compliance by Factory data center will not seriously disrupt the continuity of the Services, the aforementioned deadline will again be extended with 15 working days.
  17. Suspension Rights
    • Factory data center has the right to (temporarily) suspend, decommission and / or to limit the usage of the Services, user rights and / or the use or supply of other goods and / or services if the client and / or user fails to comply with any obligation towards Factory data center or acts in violation of the agreement and / or these Terms and Conditions. Factory data center will notify Client thereof in advance, unless this cannot reasonably be required by Factory data center .
    • For the effects of the previous paragraph Factory data center will never be liable to the Client and / or third parties.
  18. Personal Information
    • The Client gives permission to Factory data center to include his or her personal details in the register of personal administration of Factory data center which is required for management tasks.
    • This register contains account and traffic data and is only accessible to Factory data center and without the consent of the Client will not be provided to third parties unless Factory data center is obligated to do by law or court order.
    • Upon termination of the Agreement Factory data center could collect and store personal data retained by the Client for a period up to five years, after which the data will be destroyed. Factory data center is not liable for any damage resulting from this for the Client.
    • To protect the system of Factory data center , personal data supplied by the client as well as all other data, Factory data center will take action for a reasonably discretion. Factory data center is not liable for damages resulting from the release, destroy or otherwise affecting of the information provided here.
    • On the Client’s request, he will have access to their personal data. The client also has the right to request Factory data center to correct his personal data.
  19. Duration and termination of the Agreement
    • The term of the Agreement shall commence on the date specified in the Agreement. Unless expressly agreed otherwise, the Agreement is entered for a period of at least one (1) year and will be automatically extended by one (1) year and either party may terminate the Agreement in writing with a notice period of two (2) months. In case of a paper signed Agreement, Client will cancel his service the same way with a paper signed cancellation letter. In case of a digitally signed Agreement or accepted terms, a cancellation will be performed by Client digitally, the same (communication) way (by system, email, etc) as it was ordered.  Each notice of termination should not/never be earlier presented / submitted than four months before the date of termination. Early termination does not result in a refund of sums already paid to Factory data center and does not affect the payment obligations of the Client.
    • Unless the Agreement is concluded for an indefinite period, termination of the Agreement is not possible, unless otherwise agreed or specified, in these conditions:
      • Fails to (timely) payment or any other obligation under the Agreement or fails; Factory data center nevertheless remains entitled to the amounts which he has received or would receive upon proper performance
      • In violation of intellectual (property) rights of any third party acts or applicable laws
      • Makes improper use of the Service notwithstanding the other provisions shall be entitled, without notice or judicial intervention, by registered letter with immediate effect, terminating the Agreement:
        • a) Each Party shall, if and when:
          • To the other party (temporary) suspension of payment is granted and the (temporary) suspension of payment for more than one-third of the then current term or lasted for six (6) consecutive months
          • The other party is declared bankrupt
          • The company of the other party is liquidated or will be discontinued
          • The other party is not (any longer) able or willing to be considered to fulfill its obligations arising from the Agreement and / or the General Conditions
        • b) Factory data center , if Client:
          • Upon termination of the agreement, Client must return all property, information and documentation of Factory data center that it has in its possession and retain no copies, unless the Agreement itself states otherwise.
          • In case Client is in default and fails to (timely) pay or fails to comply with any other obligation under the Agreement or does not or does not strictly comply, and Factory data center for that reason terminates the Agreement, Factory data center is entitled to (without prejudice to its other rights under the Agreement) to suspend its cooperation in the transition of Services to another supplier or to impose conditions (including full payment and / or guarantees).
          • Obligations which by their nature continue after termination of the agreement, will apply even after the termination of the Agreement.
  20. Dispute
    • The Agreement and thus controlled undertakings are subject to Dutch law.
    • In case of any disputes the Dutch court in Overijssel (Zwolle) is exclusively competent unless the law mandatory appoints another judge.
  21. Final Provisions
    • Amendments and additions to the Agreement and / or Terms and Conditions between the parties are only valid if agreed in writing.
    • Notices to Parties under the Agreement and / or Terms and Conditions will have to be made in writing.
    • Oral statements, chat communication, undertakings or agreements have no legal force unless confirmed in official writing. The invalidity or non-validity of one of the provisions of an Agreement and / or Terms and Conditions shall not affect the validity or enforce-ability of the remaining provisions. Parties commit themselves to consult with each other on new provisions to replace the void or legally invalid provisions, in order to preserve the tendencies of the void or legally invalid provisions. A signed Agreement shall prevail over any oral, chat and/or written agreements made before or after the Agreement date.
    • In case of mergers, reclassification and / or spin-offs on the part of the Client, the parties will consult on the ensuing consequences for the Agreement.
    • During the term of the Agreement the parties shall not employ employees from any other party, or otherwise work for them without the prior written consent of the other party.
    • Factory data center is regulated and registered with ACM (authority for consumers and markets) as a Netherlands data center service provider.
    • Factory data center uses mainly email communication and also chat, paper and phone communication. At all times it is the responsibility of Client to have an active email address and a correct phone number provided in the control panel, e-mails sent to this address must regularly, but within maximum seven (7) days, be read.
    • Factory data center is at all times entitled to amend these Terms and Conditions. Client is not entitled to terminate the Agreement as a result of this change.
    • Client warrants that he/she reaches the age of eighteen (18) at the conclusion of the agreement with Factory data center . Minors may only enter and/or use the Service at Factory data center if the parents or guardian (s) co-sign the Agreement by which they authorize the underage person to utilize the Service(s) of Factory data center . Parents or guardians are also given guarantees for the observance of the General Terms and Conditions which are available for review on the website