Terms Of Service
Our Terms Of Service & Terms Of Conditions can be found here.
In these General Terms and Conditions the following definitions are used, both in singular and plural.
1.1 General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known (on paper or electronically).
1.2 KinggHosting: The company KinggHosting, with its registered office in Venlo (5922 CL) at Berkenstraat 28 (Chamber of Commerce number: 71777237).
1.3 User: an adult competent and disposable natural person or a legal person who has registered on the Website.
1.4 Registration: the complete filling in and sending of the registration form on the Website, making it possible to use the Services of KinggHosting.
1.5 Customer: the User with whom KinggHosting has entered into an agreement and / or for whose benefit the legal act has been / is performed, on the basis of which KinggHosting provides Services to this party.
1.6 Services: all activities and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between KinggHosting and Customer.
Article 2 - Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions are applicable to and form part of all offers, quotations, agreements and other legal acts, whether oral, written, electronic or in any other form, concerning the delivery by KinggHosting of Services to or for the benefit of Customer.
2.2 These General Terms and Conditions also apply to Services in which KinggHosting wholly or partly involves services from third parties and, whether or not processed, delivers them to the Customer, as well as Services that fulfill the offer, quotation, contract or other legal transaction of KinggHosting are delivered to the Customer by a third party.
2.3 Deviations from these General Terms and Conditions are only valid if they have been agreed explicitly and in writing by KinggHosting and Customer in advance.
2.4 The applicability of general terms and conditions of the Customer is explicitly rejected.
2.5 KinggHosting is authorized at all times to amend these General Terms and Conditions. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change.
3.1 All offers from KinggHosting are without obligation, unless expressly stated otherwise in writing.
3.2 All quotations made by or on behalf of KinggHosting are without obligation, unless otherwise stated by KinggHosting in writing or by e-mail.
3.3 All agreements between KinggHosting and Customer are exclusively drawn up in English.
3.4 An agreement is concluded by a User filling in the order form placed by KinggHosting on the Website and confirming that form by sending.
3.5 Additions and changes to the agreement are only valid if the parties have agreed in writing.
3.6 Unless expressly agreed otherwise in an agreement, agreements are entered into for a period of 12 months from the date of dispatch of the form by the Client.
3.7 The agreement is automatically extended by the same period if no (1) month before the end of the agreement via the online customer panel on billing.kingg-hosting.com or by message has been canceled. If the Customer is a consumer, the Agreement will be entered into for a period of 1 year. The Customer has the right to terminate the Agreement by the end of this period with due observance of a notice period of 1 month. If the Customer does not terminate the agreement, it is automatically extended to an indefinite contract. In this case, the Customer has the right to terminate the Agreement with due observance of a notice period of 1 month. Costs incurred or no longer canceled by KinggHosting on behalf of the Client, after entry or automatic renewal of the Agreement will not be refunded as a result of the cancellation, or at least remain due after the termination. Cancellation must be done via the online customer panel on billing.kingg-hosting.com.
3.8 Specified deadlines for the delivery by KinggHosting of Services serve only as a guideline and are therefore never fatal, unless expressly agreed otherwise in writing.
4.1 KinggHosting has a best effort obligation with regard to the availability of the server and the network, in accordance with the agreed service level. KinggHosting is not liable if this level is not realized at any time, regardless of the cause of not achieving this level.
4.2 KinggHosting is not liable for failure or inaccessibility of the server and the network as a result of force majeure, including but not limited to: failures in the internet or other providers, failure of electricity, attempts of third parties to prevent outages or inaccessibility of a site ..DDoS attacks and maintenance work are excluded from the uptime guarantee offered.
4.3 KinggHosting is not liable for damage as a result of granting cooperation or giving execution to an officially given order including facilitating the attachment of and giving access to or the delivery of data and Personal Data stored by the Customer.
4.4 The Customer is not permitted to use the Services and / or the available disk space for:
a. actions and / or conduct in violation of the applicable statutory provisions, the Netiquette or the guidelines of the Advertising Code Committee;
b. sending unsolicited e-mail and / or unsolicited posting of a message with the same content in large numbers of newsgroups on the internet (spamming);
c. infringing intellectual property rights of third parties, including but not limited to violating copyright;
d. publishing or distributing punishable texts and / or images or sound material, including but not limited to child pornography, racist material and discriminating or hatred expressions;
e. sexual intimidation or harassment of persons in other ways;
f. crypto mining services;
g. the unauthorized intrusion of other computers or sites on the internet or an intranet, whereby some security is breached and / or access is gained through a technical intervention using false signals or a false key, or by accepting a false status (hacking). Computers also include devices such as smartphones, peripherals, such as (3D) printers and scanners and vehicles with WiFi;
h. distributing computer viruses and placing spyware and malware;
i. any other action in violation of the law, the rules of conduct, as well as that which is proper in society.
4.5 The Customer is not permitted to rent the available disk space to third parties or to allow third parties to use it in any other way. This article only applies to web hosting.
4.6 In the following cases, KinggHosting is entitled to block the Customer's website completely without prior warning and without giving reasons with immediate effect for all use or to remove it from the server, without the Client being able to claim any right to compensation and with the obligation. to compensate KinggHosting for all damage suffered as a result of the violation by KinggHosting or by third parties. Non-payable subscription fees will be returned or settled:
a. if the Customer violates the provisions of Article 5.3 or if there is a serious suspicion of violation;
b. if (a part of) the Client's site is the cause or threat of a 'down' or unavailability of a KinggHosting server;
c. if it appears that the Customer has provided false and / or wrong personal or company details;
d. if it appears that the Client has entered into the agreement under false pretenses;
e. on the grounds of a (enforceable order declared valid or res judicata) judicial verdict or a given official order.
4.7 KinggHosting has no influence on the information that is placed on the site or that is distributed via the servers and is not liable for any consequences. Nor is KinggHosting liable for the leakage of confidential data. Customer is accountable for the use of credit card payments and acceptance mechanisms or the use of electronic money via the site or otherwise.
4.8 Customer ensures a regular back-up of all files on the server, KinggHosting does not bear any responsibility for any loss of data and the resulting damage.
4.9 KinggHosting is entitled to (temporarily) decommission the applications without prior publication and / or to limit their use insofar as this is necessary for the required maintenance or for improvement of the system or the application.
4.10 The temporary unavailability or reduced availability of the application never entitles the Client to any refund of (a part of) an invoice.
4.11 The Customer is explicitly not permitted to use IRC (Internet Relay Chat) or any other similar program.
4.12 The Customer is explicitly not allowed to set up a chat service.
4.13 The Customer is explicitly not allowed to set up an (anonymous) proxy.
4.14 MySQL databases are based on Fair use policy (both number and storage). In the event of extreme use, KinggHosting may request that the number of databases and / or storage be limited.
4.15 The customer is explicitly not allowed to use web space as backup and / or file storage (other than Customer's website and possibly some backups thereof), including offering file, photo or video sharing and the use of the website. Service as a backup medium.
4.16 Unlimited data traffic is based on Fair Use Policy.
4.17 Unlimited storage is based on Fair Use Policy. In the event of misuse of the unlimited hosting and data traffic package agreed with KinggHosting, KinggHosting is entitled to limit the use of that package after detection of the abuse. In that case, KinggHosting will contact Customer in order to find a suitable solution in consultation with the Customer. The agreements made with the Customer are recorded in writing by the parties.
Article 5 - Decommissioning
5.1 KinggHosting is entitled - without being obliged to pay any compensation - to render Services (temporarily) out of service and / or to limit their use if the Client does not fulfill an obligation towards KinggHosting in respect of the agreement and / or acts in contravention with these general terms and conditions and / or on the grounds of a (enforceable order declared valid or res judicata) judicial verdict and / or a given official order. The Customer remains obliged to pay his payment obligations on the basis of the agreement concluded with the Customer.
5.2 The commissioning shall be resumed as soon as possible after the Customer has fulfilled his obligations and has met an established amount for commissioning and / or if KinggHosting receives a written notification from the competent authority that the service may be performed again.
Article 6 - Prices and rates
6.1 All prices and rates stated by KinggHosting are in euros, unless explicitly stated otherwise in writing in advance and unless closable currency.
6.2 All prices and rates quoted by KinggHosting are exclusive of turnover tax (VAT) and exclusive of any other government levies, as well as exclusive transport and delivery costs or travel and accommodation costs, unless explicitly stated otherwise in writing.
6.3 KinggHosting is entitled at all times to adjust its prices and rates. The announced price changes take effect two (2) months after the announcement thereof.
6.4 Customer is entitled to terminate the agreement by the date of the change. Cancellation must take place via the customer panel or ticket.
7.1 The payment obligation of the Customer commences on the day that the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of Services from KinggHosting.
7.2 Payment must be made in the currency stated on the invoice. Payment in cryptocurrency is not accepted by KinggHosting, unless explicitly agreed with KinggHosting in writing.
7.3 Customer must pay the invoices of KinggHosting within the payment term stated on the relevant invoice. If no payment term is stated on an invoice, a payment term of 8 (eight) days applies.
7.4 All payments by Customer to KinggHosting will be deducted from KinggHosting's oldest claim, regardless of any other indication by Customer.
7.5 The Customer is not entitled to suspend his payment obligations than to settle an (alleged) monetary claim against KinggHosting with any amount due to KinggHosting.
7.6 If Customer does not pay any invoice from KinggHosting within the payment term, Customer is legally in default, without any notice of default or demand being required.
7.7 If no payment is received on the due date, a Customer who is a consumer shall owe statutory interest pursuant to article 6: 119 of the Dutch Civil Code on the amount due. A Customer who acts on behalf of a trade or company is liable to pay statutory commercial interest pursuant to article 6: 119a of the Dutch Civil Code. Unless cancelled by message.
7.8 If the Customer is of the opinion that an invoice is incorrect, the Customer may object in writing to the invoice. An objection must be received by KinggHosting two weeks after the invoice date. Objections must be submitted by e-mail to: info@kingg-hosting.com After receiving the objection, KinggHosting will institute an investigation. In the event of late or not submitted objections, the invoiced or collected amount will be regarded as correct and accepted by the Client.
8.1 KinggHosting processes personal data within the meaning of the General Data Protection Regulation ("GDPR") at or in connection with the execution of its Services. The Customer is regarded as the controller of the processing of the Personal Data and KinggHosting as the processor.
8.2 KinggHosting processes Personal Data of its customers, prospects and other business contacts. KinggHosting is the controller with regard to the processing of this personal data. The full and up-to-date privacy statement from KinggHosting can be consulted at king-hosting.com/privacy-policy.
Article 9 - Applicable law and competent court
9.1 All disputes between KinggHosting and Customer are governed by Dutch law.
9.2 All disputes between KinggHosting and Customer are, in the first instance, exclusively submitted to the competent court in the Limburg District Court.
Last Updated: 5 June 2018
