General terms and conditions of services 

These general conditions apply to every proposal and/or offer from DedicatedNodes.io and form an integral part of every agreement between DedicatedNodes.io and you. These general conditions are leading and constitute, together with the offer, the content of the agreement signed between you and DedicatedNodes.io The last change of these general conditions took place on 05 July 2023.

Article 1. Definitions

  1. DedicatedNodes.io is a company established in Mijdrecht. Hereafter, the company is referred to as DedicatedNodes.
  2. If these conditions refer to a Service, it is understood to be a service that DedicatedNodes provides to you because you have signed an agreement for this.
  3. Intellectual property rights includes (among others): copyrights, trade name rights, trademark rights, design rights, neighbouring rights, patent rights and rights to know-how.
  4. Your account gives you access to a DedicatedNodes user interface with which you can manage and configure (certain aspects of) the Services. This user interface is currently in development and will become available in the future.
  5. Opening office hours are at monday - friday between 10:00 - 18:00 (timezone of The Netherlands)

Article 2. The agreement

  1. If you have placed an order on one of the websites of DedicatedNodes, if you have created an account or have agreed to an offer from DedicatedNodes, an agreement has been concluded with you.
  2. The applicability of your or your company's terms and conditions for the purchase of goods is expressly rejected.
  3. Deviations from these general conditions are only valid if they have been expressly agreed in writing.
  4. For all Services, the agreement is entered into for the duration of one (1) month. The agreement is each time tacitly renewed for one (1) month unless agreed otherwise.
  5. DedicatedNodes may unilaterally change or supplement the agreement and these general conditions, also for existing agreements. For agreements that already exist, a period of one (1) month applies after the change takes effect. Changes of minor importance, changes on the basis of the law and changes to your advantage can take effect immediately.
  6. If you do not agree with the modification or addition to these general conditions, you can cancel the agreement. The cancellation will take effect on the date on which the adjusted or supplemented general conditions take effect.
  7. DedicatedNodes performs its Services to the best of its knowledge and ability. For its Services and systems, DedicatedNodes does not provide guarantees for minimum speeds, uninterrupted functioning, reliability or accessibility.
  8. The (delivery) periods referred to by DedicatedNodes are not definite time limits, unless explicitly stated.
  9. In the event of any conflict between different documents, the following ranking applies:
    1. additional written and signed agreements;
    2. approved (digital) offer or order via the website;
    3. agreed written availability arrangement;
    4. additional terms and conditions;
    5. general conditions.

Article 3. Account

You can create an account via our websites. You can access this account by entering a password and a user name. You are responsible for choosing a strong password and keeping this password secret.

Article 4. Scope of service

  1. DedicatedNodes grants you the non-exclusive, non-transferable and revocable right to use the Service for the duration and under the conditions of the agreement, including future updates.
  2. Third-party services can be part of the agreement. If that is the case, the additional terms and conditions of these third parties apply additionally for the use of those services. The additional terms and conditions can be consulted on our website.

Article 5. Your obligations

  1. You must do all that is reasonably necessary and desirable to enable a timely and correct execution of the agreement. You ensure in any case that all data is correct and provided to DedicatedNodes on time. This may be, for example, the data indicated by DedicatedNodes as necessary, or that you know or should know that are necessary for the performance of the service.
  2. You are also responsible for keeping all your data within your account up-to-date.
  3. If there is (a suspicion of) misuse of login data, you must immediately report this to DedicatedNodes, so that we can take measures.
  4. Every action that takes place through your account is your responsibility and at your risk.
  5. You must notify DedicatedNodes immediately of any changes in data or circumstances.
  6. You are fully responsible for all installations and maintenance of applications you use, unless the application is an integral part of the Service.

Article 6. Prices and payments

  1. The prices for consumers are all mentioned prices including VAT and other taxes imposed by the government. The prices are shown exclusive of VAT for DedicatedNodes's business customers. All prices are subject to (apparent) programming and typing errors.
  2. DedicatedNodes has the right to adjust the agreement if it appears that you have supplied incorrect or incomplete data.
  3. Prices may be adjusted at any time during the term of the agreement. Here too, we will inform you at least one (1) month in advance of a proposed price change. If you do not agree with the change (s) you can cancel the agreement via the user interface. The cancellation option does not exist if the change in prices is the result of:
  1. inflation;
  2. a price increase by our supplier (s);
  3. an obligation imposed on DedicatedNodes by law;
  4. price change to your advantage.
  5. The price changes referred to in this article in paragraph 3 under a-d may take effect immediately.
  6. DedicatedNodes will charge all costs periodically (monthly or longer) in advance.
  7. The invoice must be paid within fourteen (7) calendar days after the invoice date.
  8. If a payment has not been made after a reminder, you are in default. At that time, you also owe collection costs pursuant to the Decree on extrajudicial collection fees (Besluit vergoeding voor buitengerechtelijke incassokosten), and the statutory interest.
  9. In addition, your paid Services are no longer renewed and your free Services are canceled immediately. We can no longer provide you with new Services.
  10. You are not entitled to settlement of payments with any claim on your part. Therefore, article 6:127 of the Dutch Civil Code is expressly excluded.

Article 7. Servers

  1. The installation and maintenance of the required hardware is carried out by DedicatedNodes. If you purchase a server with Blockchain node software on it, you are not entitled to physical access to the server room.
  2. In case of a Dedicated node, your server is exclusively available to you and only you.
  3. In the case of a Shared node, there is shared infrastructure. You are entitled to unlimited requests and take responsibility by making sure to prevent unnecessary peak loads of the Services and you will not use the Services in a way that causes nuisance to other DedicatedNodes customers.
  4. If available, you can purchase Services via your account. DedicatedNodes endeavours to implement the requested orders as quickly as possible. Downgrading the Services during the agreement is not possible. However, it is possible to cancel the agreement and enter into a new agreement with DedicatedNodes, in accordance with the rules on cancellation. In that case, DedicatedNodes makes every effort to transfer your data internally.

Article 8. Regulatory authorities

  1. The application and allocation procedure for IP addresses is subject to rules and procedures of registering authorities, such as Réseaux IP Européens (RIPE). From the application of the Services described above, you are bound by the conditions of these authorities.
  2. These authorities decide whether or not to grant what has been applied for. DedicatedNodes only plays a mediating role in the application process.
  3. Assigned IP addresses remain under the control of DedicatedNodes and cannot be transferred or moved.

Article 9. Availability and maintenance

  1. DedicatedNodes does its best day and night to ensure that Services always perform to the maximum and are accessible. DedicatedNodes takes strict measures to ensure that the Services remain accessible. Guarantees in this respect are only offered if this is included in the agreement.
  2. DedicatedNodes has the right to (partially) suspend the Service for maintenance, modification or improvement of the system or associated software or facilities. DedicatedNodes will try to arrange this as much as possible between 11 p.m. and 5 p.m. (Dutch time). DedicatedNodes tries to inform you of this on time. DedicatedNodes is never obliged to pay compensation in connection with such decommissioning.

Article 10. Code of conduct en Notice-and-Take-Down

  1. You may decide for yourself what you do with the Service, but it is of course not the intention that you (or your customer) endanger the DedicatedNodes infrastructure, network or break the law.
  2. You guarantee us that (the performance of) the Agreement, nor the actual and / or legal acts that you perform using the Services of DedicatedNodes, infringe any (subjective) right of a third party including any intellectual property rights, or any rule of law in any legal system. You therefore also guarantee that the Services will not be used for activities that violate laws or regulations. In addition, it is expressly prohibited (regardless of whether this is lawful or not) to offer or distribute materials through the Services that:
    1. contain malicious content (such as malware or other harmful software);
    2. infringe the rights of third parties (such as intellectual property rights), or are defamatory, slanderous, offensive, discriminatory or constitute hate speech;
    3. contain hyperlinks, torrents or references with (locations of) material that infringes intellectual property rights;
    4. contain any form of criminal pornography or apparently aim to help others find such material;
    5. violate the private and family life of third parties, including, but not limited to distributing without consent or necessity personal data of third parties or repeatedly bothering third parties with messages these third parties do not wish to receive;
  3. If, in the opinion of DedicatedNodes, nuisance, damage or other danger arises for the functioning of the systems or networks of DedicatedNodes or third parties, such as the excessive sending of e-mails, (D)DoS attacks, poorly protected systems or activities of malware or other harmful software, DedicatedNodes has the right to take all measures it deems reasonably necessary to prevent or avert this danger.
  4. If a third party DedicatedNodes points to unmistakable unlawful use of the Services of DedicatedNodes, DedicatedNodes will inform you as soon as possible. DedicatedNodes will ask you to respond as quickly as possible (but no later than within 24 hours), after which DedicatedNodes decides how to act (even if you do respond). In urgent cases, DedicatedNodes will intervene immediately.
  5. DedicatedNodes has the right to suspend Services, remove material or block (the use of) Services if these general conditions, third-party rights or laws and regulations are infringed or if there is an excessive load on systems of DedicatedNodes. If a court orders DedicatedNodes to put your Services out of use, such an order will be followed immediately. DedicatedNodes ensures that you are informed as quickly as possible in all these cases.
  6. DedicatedNodes may hand over your name, address and other identifying information to a third party complaining that you are infringing his rights if there is no less radical way for that third party to retrieve your contact details. DedicatedNodes only does this if the accuracy of that complaint is reasonably plausible, a third party has a reasonable interest in the release of the data and if all legal requirements are met.
  7. DedicatedNodes strives to act as reasonably, carefully and adequately as possible in the case of complaints and is not liable for damage resulting from the measures taken in accordance with this article.

Article 11. Liability

  1. The total liability of DedicatedNodes due to an culpable non-performance of the agreement or due to any other obligation to compensate for damage, including explicitly every culpable non-performance of a guarantee obligation agreed with you, is limited to compensation for direct damage, which concept of damage includes multiple damage as a result of a series of related occurrences that are considered in this article as a single occurrence.
  2. Direct damage is exclusively understood to mean:
    1. material damage to property;
    2. reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the occurrence on which the liability is based;
    3. reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the method of repair.
  3. DedicatedNodes's liability for indirect damage, consequential damage, loss of profit, loss of savings, reduced goodwill, damage due to business interruption, damage as a result of claims from your customers, damage related to the use of goods, materials or materials prescribed by you to DedicatedNodes. third-party software and damage related to the engagement of suppliers prescribed by you to DedicatedNodes is excluded. DedicatedNodes's liability for mutilation, destruction or loss of data and / or other (property) rights is also excluded.
  4. Under no circumstances will DedicatedNodes's total liability for damage, including multiple damage as a result of a series of related occurrences, for whatever reason, exceed the lowest amount of:
    1. the price stipulated for the agreement (excl. VAT), where if the agreement is mainly a continuing performance agreement with a duration of more than one (1) year, the price stipulated for the agreement is set at the total of the fees (excl. VAT) stipulated for one year.
  5. The exclusions and limitations of the liability of DedicatedNodes, as described in the preceding paragraphs of this article, do not affect the other exclusions and limitations of liability of DedicatedNodes under these general conditions, any additional conditions or under the processor agreement to be concluded between the parties, .
  6. The exclusions and limitations referred to in articles 11 paragraph 1 up to and including article 11 paragraph 6 of these general conditions will lapse if you demonstrate that the damage was caused by intent or deliberate recklessness on the part of (the management of) DedicatedNodes.
  7. Unless fulfillment by DedicatedNodes is permanently impossible, the liability of DedicatedNodes due to culpable non-performance of an agreement only arises if you immediately notify DedicatedNodes's management by registered letter. You must set a reasonable period for DedicatedNodes to amend the non-performance. If DedicatedNodes continues to be in culpable breach of its obligations after that period, you can send DedicatedNodes a notice of default. The notice of default must contain a description of the non-compliance that is as complete and detailed as possible, so that DedicatedNodes is given the opportunity to respond adequately.
  8. A condition for the existence of any right to compensation and / or the right to complain, including about invoices and / or non-performance, is always that you notify the damage and / or ground for complaint as soon as possible and no later than eight (8) days after the occurrence, at least within a maximum of eight (8) days after the moment that the damage or ground for the claim could reasonably have been discovered, in writing, by registered letter, to DedicatedNodes. In the case of a consumer purchase, a period of two
  9. (2) months applies by law for reporting the ground for the claim after it has come about, at least two (2) months after the moment that the ground for the claim could reasonably have been discovered. Every claim for compensation against DedicatedNodes expires by the mere lapse of twenty-four months after the claim arose, unless the customer has filed a claim for compensation for the damage before the expiry of that period.
  10. You indemnify DedicatedNodes against all third-party claims related to or arising from the use of Services and / or items supplied by DedicatedNodes, including, but not limited to, product liability as a result of a defect in a product or system caused by a product you delivered to a third party and that consisted, among other things, of equipment, software or other materials supplied by DedicatedNodes, unless and insofar as you prove that the damage was caused by that equipment, software or other materials. You must also indemnify DedicatedNodes vis-à-vis third parties against non-compliance with your obligation. You will reimburse DedicatedNodes for all costs, damages and penalties resulting from such claims.
  11. The provisions in this article as well as all other limitations and exclusions of liability mentioned in these general conditions also apply to all (legal) persons used by DedicatedNodes in the performance of the agreement.
  12. You are obliged to insure yourself for liability and to remain insured for the duration of the agreement for the risks mentioned in this article.

Article 12. Intellectual property rights

  1. The intellectual property rights vested in the Service remain with DedicatedNodes or its licensors.
  2. All intellectual property rights vested in your data or other materials supplied by you remain with you.

Article 13. Personal data

  1. You have the right to view your personal data. If the overview provided by us contains inaccuracies, you can request us in writing to change the data or have them removed. If you request DedicatedNodes to delete your personal data and DedicatedNodes responds to this (in part), then this action can no longer be reversed. There is no backup available of deleted data.
  2. DedicatedNodes has a duty of care to conclude a processing agreement when its customers process personal data via the systems of DedicatedNodes. In that case, these customers of DedicatedNodes are controllers. DedicatedNodes therefore makes a data processing agreement available to all its customers. It is your responsibility to check whether you are indeed a controller and instruct DedicatedNodes to act as a processor and therefore store personal data with us. If that is the case, then you must also enter into a data processing agreement with DedicatedNodes. It is entirely your responsibility if you fail to conclude a data processing agreement with DedicatedNodes, but are required to do so under privacy legislation.
  3. You guarantee that you will only process personal data in and with the aid of our service(s) in a completely lawful manner. You guarantee that the content, use and instruction to process personal data are not unlawful or do not infringe the rights of third parties.

Article 14. End of the Agreement

  1. If a fixed-term agreement for business customers (also after tacit renewal) is terminated, the amounts already paid will not be refunded and you remain obliged to pay the installments due until the end of the agreement.
  2. As a consumer, you have the option to terminate the agreement, referred to in Article 2, paragraph 6 of these general conditions, after the first renewal, subject to a notice period of one (1) month. If you want to terminate the agreement prematurely, the amounts already paid will not be refunded.
  3. Termination of an agreement is only possible via the user interface within your account or direct contact via a support ticket in the official DedicatedNodes Discord channel.
  4. DedicatedNodes is entitled to dissolve and/or suspend the agreement in whole or in part, with immediate effect and without judicial intervention, without any obligation to pay compensation or damages, if:
    1. the obligations arising from the agreement are not, not fully or not complied with on time, even after DedicatedNodes has given you a reasonable period to still meet the obligations;
    2. after the conclusion of the agreement, DedicatedNodes becomes aware of circumstances that give reasonable grounds to fear that you will not comply with the obligations under the agreement;
    3. you have been asked to provide security for the compliance of obligations under the agreement and this security is not provided or is insufficient;
    4. you die;
    5. a suspension of payment is requested for you, a declaration of bankruptcy has been filed or if there has been an attachment or debt restructuring;
    6. circumstances arise that are of such a nature that fulfillment of the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be required of DedicatedNodes.
  5. If DedicatedNodes terminates the agreement, in connection with the reasons mentioned in the previous paragraph, all claims regarding the entire remaining contract period of all agreements that you have concluded with DedicatedNodes are immediately due and payable.
  6. DedicatedNodes is also entitled to cancel the agreement for free Services that are provided if you do not comply with the provisions of Article 7, paragraph 3 of these general conditions. 
  7. If DedicatedNodes suspends the Service, DedicatedNodes retains all claims arising from the law and the agreement and you remain bound to honor or meet these claims, respectively.
  8. The customer is responsible for downloading the data or backups stored under the Service. DedicatedNodes has the right to block, terminate or cancel access to all accounts that are part of this agreement and to delete or make inaccessible data stored by or for you immediately after the date of termination of the agreement.
  9. If applicable, DedicatedNodes will, in the event of a legal termination of the agreement and if you have fulfilled your obligations under the agreement, cooperate at your request to facilitate the transfer to another service provider.

Article 15. Final provisions

  1. Should any of the provisions of this Contract be or become ineffective, the other provisions shall remain in full force and effect. In such an event, we will deliberate to agree to a new provision in substitution of the provision held void or ineffective, which will honor as much as possible the intent and purport of the void or ineffective provision.
  2. DedicatedNodes may transfer the agreement with you in part or in full to a third party, including the rights and obligations as stated in these general conditions and, if applicable, other agreements. If you are a consumer, you have the option to cancel the contract with effect from the date the contract is transferred to a third party. If you would like to transfer the agreement to a third party, you need written permission from DedicatedNodes.
  3. This agreement is governed by the law of the Netherlands.
  4. Except as otherwise provided by the rules of imperative law, all disputes arising from or connected to the agreement are submitted to the Dutch court entertaining jurisdiction in the district where DedicatedNodes has its registered office, on the understanding that DedicatedNodes has the right to file the dispute before another court entertaining jurisdiction.
  5. The log files and administration of DedicatedNodes provide the customer with complete proof of the statements of DedicatedNodes, unless you provide proof to the contrary.