The Download 2 Day website has been established with the  greatest care. Yet it is possible that there is some information that is not complete/precise or up to date. Due to this no rights can be taken from this website, including the prices of our products. This does not apply to the terms and conditions of Download 2 Day, in case you have clearly agreed with those when you placed one or more orders.

 

Download 2 Day is not responsible for abuse by a third party regarding copyright protected materials.

 

Terms and conditions

 

Article 1 Definitions

1.1 “Download 2 Day” refers to PHX Financials B.V. Download 2 Day is a brand registered and owned by PHX Financials B.V.

1.2 With Service we mean: The possibility to use the Download2Day computers to gain access to the internet or using the technical facilities given by Download2Day, as in emailing and the offered information and any other facility for the subscriber, as long as these are used in a way Download2Day offers them and accepted by the subscriber of Download2Day.

1.3 With subscriber we refer to the person (or the person that is responsible for him/her)that subscribed to Download 2 Day.

 

Article 2 General.

2.1 On everything regarding the relationship between Download2Day and the subscriber these terms and conditions apply, unless there is a written agreement between the subscriber and Download 2 Day that clearly speaks different.

2.2 These terms and conditions are an exchange for (any) Previous Download2Day Terms and conditions.

2.3 Download2day will always remain the right to change these terms and conditions, these changes will apply from an announced date. In case there is no information given regarding the date these changes in the terms and conditions are applied, it will be applied 30 days after the change.

In case the subscriber does not reply to the changes, these changes will apply the next time he/she extend his/her contract. Changes will be announced on the Download2Day website.

 

Article 3 The Service

3.1 In case of emergencies, when Download2Day says it’s reasonable it is allowed ,with or without noticing to the subscriber, to change the by Download 2 Day given service or any other temporary changes, to guarantee the continuity of the service. The subscriber will be informed as soon as possible if this occurs.

3.2 The subscriber will always be responsible for managing his/her own data, Download 2 Day assumes that the subscriber will backup his/her own data.

3.3 Download 2 Day cannot be held responsible for any damage or expenses towards the subscriber as a result of the in paragraph 3.1 and 3.2 described measures. Incase measures like these are taken, the subscriber is not allowed to deny his/her responsibilities regarding the terms and conditions.

 

Article 4 Subscriptions

4.1 After receiving an order for a subscription, Download 2 Day will take care for the admittance of the subscriber to the service. Details regarding the service can be found at the Download 2 Day website (www.download2day.com). The subscription will start on the day that the subscriber has the possibility to make use of our service.). The subscription will start on the day that the subscriber has the possibility to make use of our service.

4.2 Download 2 Day always has the right to reject a subscriber, the subscriber will be notified as soon as possible.

4.3 Incase the subscriber is not able to suffice his/her commitment towards Download 2 Day, either partly of completely. Download 2 Day has the right to immediately end the subscription or deny access to the service, partly or completely, or to block the account temporary.

4.5 if the subscriber is declared in state of bankruptcy, or if it is assumable that the subscriber is not going to be able to fulfill the payment commitments Download 2 Day is allowed to end the subscription immediately, without any judicial intervention.

 

Article 5. Prices

5.1 Unless parties have a different agreement, the usual by Download 2 Day used prices and remunerations apply. If the subscriber wants information, the applying fee’s will be send to him/her.

5.2 Download 2 Day is allowed to change the prices of her products and services. If it is possible the subscriber will be notified a month before these changes apply.

 

Article 6 Security and personal data

6.1 By agreeing the contract with the subscriber, Download2Day took the effort to secure the service, although in the case of an insufficient security, Download 2 Day cannot be held responsible for any damage the subscriber or a third party suffered by this.

6.2 In case the subscriber suspects or notices that a third party had access to the service on a figurative way, He/she has to inform Download 2 Day within five working days. Download 2 Day cannot be held responsible for any possible damage that has been suffered due this figurative use of the service.

6.3 De personal data will be stored in the administration of Download 2 Day. This data will only be used for administrative purposes. Without permission from the subscriber none of these files will be given to any third party.

 

Article 7 Subscribers commitments

7.1 The Subscriber always has to agree to the by Download2Day given commitments, instructions and limitations.

7.2 The subscriber always has to behave according to the applied laws and rules and is ought to have a certain carefulness regarding the service as is to be expected from any average subscriber. Also the subscriber will always do everything within his/her ability to prevent that the interests of Download 2 Day will be damaged.

7.3 The Subscriber is in no way allowed to use the service for illegal actions that are in conflict with the Netiquette, or the so called rules of the internet community.

7.4 Without explicit permission from Download 2 Day, The subscriber is not allowed to connect a network or any other users to the service or parts of this, people inside the subscribers organization are not allowed either.

7.5 The subscriber is not allowed to share products that are used for consumer purposes, as homepages, e-mail accounts or the provided NNTP/NNRP connection to any third party. For neither commercial as well as private purposes, as publicly providing our products and services.

7.6 Incase the subscriber is violating any of the above rules above, or if Download 2 Day suspects the user, than Download 2 Day is allowed to take measures, like canceling the service. In these cases the subscriber can’t call for any refunds or compensations.

7.7 The subscriber is responsible for utterance and all the information on his/her homepage.

 

Article 8 responsibility
8.1 Download 2 Day is not responsible for any indirect harm, or damage due indirect harm, Download 2 Day is not bound to refund any loss of earnings, harm due non-working/inaccessible internet , Company damage, Damage that is being led due leakage of private data, damage led due electronic banking or damage as a result of claims made by thirds towards the Subscriber.

8.2 Download 2 Day is not responsible for any damage the subscriber suffers that is inflicted by thirds, even if they are subscribed to the services of Download 2 Day.

8.3 The subscriber protects Download 2 Day for every claim by thirds regarding the use of the service by the subscriber and/or insufficiency with living up the undertaking by the subscriber towards Download 2 Day, forthcoming from these terms and conditions.

 

Article 9 circumstances beyond one’s control

9.1 Download 2 Day is not responsible in case a  shortcoming in living up the service if it is due circumstances that are not the fault of Download 2 Day. With this we talk about power outage, or other disrupts which can’t be reproached towards Download 2 Day. International conflicts, trouble between employee’s of Download 2 Day or any Thirds that provide services towards Download 2 Day, boycot actions or measures by any government . This summary does not have a limit.

9.2 The Download 2 Day customer is always responsible for the consequences due shortcomings in living up the terms and conditions given by Download 2 Day towards thirds, if they are a caused by behavior from the Subscriber.

 

Article 10 end definitions

10.1 The subscriber, without permission from Download 2 Day is not allowed to transfer any rights and duties that are set with these terms and conditions to someone else.

10.2 Changes in the level of access of the subscriber(or anyone that is representing or authorized by him/her to do so) will only be applied if there of Download 2 Day is notified by letter.

10.3 On everything between the subscriber and Download 2 Day the Dutch law will be applied. Any dispute between the subscriber and Download 2 Day will be adhered to by a authorized Dutch judge, unless the Law or an international pact says otherwise.

10.4 Without by letter given permission, given by Download 2 Day, the subscriber is in no way justified to transfer his accounts and the commitments coming with that account to a third party.

10.5 Due the fact that this is a translation of the original Dutch terms and conditions, the Dutch version will always apply, and in case of anything regarding the terms and conditions, the Dutch version will overrule anything that is written in the translation.