This document, or the most recent applicable version of it, is accessible through http://www.efficito.com/tos/

T E R M S   O F   S E R V I C E

1. General
   1. The following terms and conditions apply to all business relations between the customer and HUCS B.V. (herein named as "us", "we" and "our").
   2. The governing law is that which was valid when the contract was put into effect. The contract is governed by Dutch law.
   3. Additional customer terms and conditions apply only when expressly agreed upon in writing.
   4. Product specific terms and services are listed in the product terms accessible at http://www.efficito.com/tos/services
   5. Entering into a contract with us means accepting of these terms of service and those applicable to the specific service for which the contract is being concluded.
   6. Changes to this document and/or any of the product specific terms will be published 14 days prior to the date at which the new terms become effective. Existing customers will be informed by e-mail about such a change.
2. Conclusion of the contract
   1. Prices listed on the website are indicative offers and subject to change. Limited time fixed quotations can be issued on request.
   2. Quotations are valid for a maximum of 14 days after issuance of the quotation.
   3. Upon ordering, the customer is bound to the tentative offer. We will confirm receipt of the customer's order by the end of the next business day (19.00 CET). Confirmation of receipt of the order doesn't constitute acceptance of the order.
   4. We are entitled to reject the order within 5 working days after confirmation of receipt of the customer's order among others after examining the customer's reliability.
3. Services
   1. The services offered are those valid at the time of the order, based on the explicit quotation, offer information and the order form at the time.
   2. We guarantee an average service availability of 99% per year. We reserve the right to temporarily restrict access when security or integrity of services are at risk.
   3. In case the service includes backups, these backups serve no other purpose than to be part of our disaster recovery plan.
   4. In case the service does not expressly include backups, it is the customer's own responsibility to maintain regular backups.
4. Privacy
   1. Customer related data are stored and used only if and when applicable for the operation of the service, such as billing and service status information.
   2. We operate in accordance with the German Telecommunication and teleservices data protection act.
   3. Customer data which comes into existence as part of the use of our systems and hosting offerings (also called "customer owned data") is not subject to the previous section.
   4. Customer owned data in our systems will be treated as confidential and will not be shared with third parties except when required by law.
   5. Each product has its own conditions with respect to destruction of customer owned data.
   6. The customer must make sure current contact information is available to us at all times.
   7. We do not extend any customer related information to third parties, except when required for orderly billing and payments or when legally summoned.
5. Liability
   1. For any damages - direct, secondary or lost profits - due to technical problems and disturbances within the internet that are not in our sphere of influence, we assume no liability.
   2. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case, we are liable only for the contract-typical damage, at a maximum of the annual fee.
   3. We are not obligated to review our customer's actions.
   4. If the customer's actions violate the obligations stated in section 6, the customer shall be liable to us for the resulting direct and indirect damages, including but not limited to finacial loss.
   5. In addition to what's stated in item (5.iv), the customer agrees to free us from all claims by third parties that may result from non-compliant actions. This obligation includes liability for all legal defence costs.
   6. The customer will receive credentials (login data) for access to customer's services and customer portal, if such a facility is available. The customer will be held liable for any malpractice resulting from unauthorized use of the password. If the customer becomes aware of unauhorized third parties knowing the password, the customer is to inform us immediately.
6. Proper use
   1. The customer shall not engage in any illegal activities, including but not limited to the sending of illegal, unsollicited advertizing to third parties. It is equally forbidden to provide false sender identification or to conceal the identity of the sender by other means.
   2. The customer shall not publish content that may violate the rights of third parties, violates the law.
   3. The customer shall not publish content that may not be deemed to be in good taste. This expressly includes erotic, pornographic and extremist materials. The same applies to content which is insults or denigrates individuals or groups of people.
7. Terms of payment
   1. Depending on the contractual agreement, a monthly or annual charge will be applicable. Payment will be due immediately after receipt of the invoice, unless stated otherwise on the invoice.
   2. We reserve the right to charge interest on arrears on all overdue payments. Interest calculation starts at the invoice date. The interest rate is set at 1% per month.
   3. We reserve the right, in case of default payments, to block access to the services.
   4. Invoices will be sent as attachments by e-mail.
   5. When you make use of the option to have an evaluation period -if one is offered- the evaluation period will be invoiced at the normal service rate and conditions, after the evaluation period is over and the service is continued.
8. Contract duration and termination
   1. We reserve the right to increase our prices. Customers will be notified of new pricing. New prices will become effective on the next billing date, but not earlier than 90 days after the initial announcement.
   2. Where not otherwise contractually agreed, contracts are in place for an indefinite period of time.
   3. The contract can be cancelled without giving reasons by both parties. The contract will be cancelled 30 days after the customer registers a cancellation notice in our online ticket system. The contract will be cancelled 90 days after we send a written cancellation notice by regular mail to the postal address available to us at the time. We may send a copy of the written cancellation notice by e-mail.
   4. We are also entitled to terminate the contractual relationship for good cause without notice. Good reasons for immediate blocking or termination include:
      • the customer being in arrears for 60 days for all or part of the amount owed
      • the customer (seemingly) ignores warnings with respect to the requirements of section 6
   5. In case the customer terminates a contract in response to updated terms of service and the customer expressly indicates so in the cancellation request, the prior terms and services will govern the contract for a maximum period of 90 days, if this request has been made before the new terms apply.
   6. If the customer intends to pass his contractual rights onto another person or legal entity, our consent is required. Our consent can be requested in writing by letter or by creating a ticket in the online ticketing system. When consent is requested by letter, full contact details of the intended recipient of the rights should be provided.
9. Reseller restrictions
   1. Resellers are held to all laws local, state and central as they apply to the sites where the physical machines providing the services are located.
   2. Resellers are held to hold their customers to the laws mentioned in the previous item.
   3. The customer is entitled to pass contractual rights to third parties to use the services provided by us. In this case, the customer remains the sole contractor. The client is committed to passing all the terms of the contract, arising both from this document as well as from the order form(s) - to these third parties and to see to it that they comply with these terms.
   4. Should cooperation of said third parties be required in the course of execution of the service, is the customer held to provide us with third party's contact details. We are entitled to contact third party directly if the situation so requires.
   5. The customer is responsible for all contractual violations incurred by third parties. The customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
10. Queries and complaints

    Complaints should be sent to

    Efficito.COM
    Erik Hulsmann
    v. Z. v. Nijeveltstraat 161
    2242 LD  Wassenaar
    The Netherlands