General Terms and Conditions
1. General
1.1 These general terms and conditions apply to all offers, agreements, and deliveries of YourData Network BV, located in Doetinchem and registered with the Dutch Chamber of Commerce under number 97274836.
1.2 Deviations from and additions to these terms are only valid if agreed upon in writing.
1.3 The applicability of any purchase or other conditions of the customer is explicitly rejected.
1.4 If any provision of these terms is null or voidable, the remaining provisions will remain in full force.
2. Products and Services
2.1 YourData Network BV offers, among other things, the following products and services:
- Nodes
- Laptops
- Routers
- Peripheral equipment
- Hosting services
- Support for data hosting on nodes
2.2 The specifications and functionalities of the offered products and services are clearly stated on the website and in quotations.
2.3 All offers and quotations from HostService are without obligation unless explicitly stated otherwise.
3. Internet Provider and Legal Restrictions
3.1 Customers are solely responsible for ensuring that their ISP permits the operation of nodes or servers on their connection.
3.2 HostService does not accept any responsibility for issues arising from ISP restrictions or non-compliance with the ISP’s terms of service.
4. Prices and Payment
4.1 All prices are in euros and exclusive of VAT, unless stated otherwise.
4.2 Payment must be made within 14 days of the invoice date, unless agreed otherwise in writing.
4.3 Any additional costs arising from the shipment of goods, including but not limited to customs duties, import taxes, or handling fees, are the sole responsibility of the customer. YourData Network BV will not cover or reimburse such costs.
5. Delivery and Retention of Title
5.1 Delivery of products takes place at the agreed address.
5.2 Delivery times are indicative, and based on availability and exceeding them does not entitle the customer to compensation or termination of the agreement.
5.3 Ownership of delivered products passes to the customer only after full payment of the invoice amount.
5.4 The risk of loss or damage to products transfers to the customer at the time of delivery.
6. Warranty and Complaints
6.1 YourData Network BV guarantees that the delivered products meet the usual requirements and standards that can reasonably be expected at the time of delivery.
6.2 A standard warranty period of 1 year applies to all new equipment unless stated otherwise.
6.3 Complaints about defects must be reported in writing and substantiated to YourData Network BV within 7 days of discovery.
6.4 If a complaint is justified, YourData Network BV will repair, replace, or provide an appropriate solution for the product.
7. Return Policy
7.1 The customer has the right to withdraw from the purchase agreement within 14 days after receiving the product, without stating any reason, in accordance with applicable consumer protection laws.
7.2 After notifying YourData Network BV of the withdrawal, the customer must return the product within 14 days. Upon receipt of the returned product in good condition, YourData Network BV will refund the full purchase amount, including the original shipping costs. Return shipping costs from the customer to YourData Network BV are the responsibility of the customer.
7.3 The right of withdrawal only applies if the product is returned complete, with all originally supplied accessories, and — if reasonably possible — in its original condition and packaging.
7.4 In case of damage to the product or its packaging beyond what is necessary to assess its nature, characteristics, and functioning, YourData Network BV reserves the right to deduct a depreciation amount from the refund.
7.5 To exercise the right of withdrawal, the customer must contact YourData Network BV via hello@yourdata.network to register the return. Refunds will be processed within 14 days after this registration, provided the product has been received in good order.
7.6 Product exchanges are possible upon request. The customer must contact YourData Network BV for this. Return shipping costs in the case of exchanges are borne by the customer.
7.7 If the customer has provided an incorrect delivery address, they must contact YourData Network BV as soon as possible. YourData Network BV will make reasonable efforts to amend the delivery details prior to dispatch but cannot guarantee changes can still be made.
8. Consumers and Business Customers
8.1 For consumers, statutory rights apply, including the right of withdrawal within 14 days after receiving the product.
8.2 Business customers are not entitled to the right of withdrawal.
8.3 Liability towards business customers is limited to direct damages, up to the invoice value of the delivered product or service.
9. Privacy and Data Processing
9.1 YourData Network BV processes personal data in accordance with the General Data Protection Regulation (GDPR).
9.2 Data will not be shared with third parties without the customer’s explicit consent unless necessary for the execution of the agreement or to comply with legal obligations.
9.3 For more information, YourData Network BV refers to the privacy policy available on the website.
10. Intellectual Property
10.1 All intellectual property rights to software, hardware, and documentation developed by YourData Network BV remain with YourData Network BV or its licensors.
10.2 The customer is granted a non-transferable, non-exclusive right to use the products and services of YourData Network BV unless otherwise agreed.
11. Liability
11.1 The total liability of YourData Network BV is limited to the invoice value of the delivered product or service.
11.2 YourData Network BV is not liable for indirect damages, such as loss of profit, data loss, or damages caused by third-party software.
11.3 YourData Network BV is only liable for direct damages caused by intent or gross negligence.
11.4 YourData Network BV shall not be liable for any damage resulting from the use of third-party software or applications installed on smartphones, laptops, or other devices at the request or on behalf of the customer. The customer is solely responsible for the use, functionality, and consequences of such applications.
12. Export and Use Restrictions
12.1 The customer undertakes not to sell, supply, or otherwise make available any products delivered by YourData Network BV — including but not limited to smartphones from the brand Volla Systeme — directly or indirectly to military or intelligence organizations, whether domestic or foreign, or to companies active in the arms industry.
12.2 In the case of deliveries to government agencies, the customer shall ensure that the products are not intended for use by military, police, or intelligence authorities.
12.3 YourData Network BV does not sell to customers who are part of, or acting on behalf of, any military, police, or intelligence agency, whether domestic or foreign.
12.4 YourData Network BV is equally bound by these provisions and reserves the right to refuse or cancel any order if there are indications that these conditions may be violated or have been violated.
13. Force Majeure
13.1 YourData Network BV is not liable for delays or damages caused by force majeure, including power outages, network issues, war, or other circumstances beyond the control of YourData Network BV.
13.2 In case of force majeure lasting more than 60 days, both parties have the right to terminate the agreement in writing without any obligation to pay damages.
14. Amendments and Additional Work
14.1 Additional work outside the original agreement will be performed at the usual rates of YourData Network BV.
14.2 Amendments to the agreement will be recorded in writing and may lead to adjustments in prices and deadlines.
15. Governing Law and Disputes
15.1 All agreements are governed by Dutch law.
15.2 Disputes will preferably be resolved amicably. If this is not possible, disputes will be submitted to the competent court in the district where YourData Network BV is located.