Terms and Conditions

The following terms are used in these general terms and conditions:

• Venimo: Venimo, established in the Netherlands, registered with the Chamber of Commerce under number 80893619;
• Customer: the natural person or legal entity entering into an agreement with Venimo;
• Services: all services offered by Venimo, including but not limited to web hosting, VPS hosting, reseller hosting, domain registration, SSL certificates and related services;
• Website: the website of Venimo, accessible via venimo.nl and all subdomains;
• Account: the customer's personal account through which services can be managed.

These general terms and conditions apply to all offers, quotations and agreements between Venimo and the customer, unless the parties have expressly and in writing agreed otherwise.

All offers from Venimo are without obligation and valid for 30 days, unless otherwise stated.

An agreement is formed by:

• Acceptance of a quotation by the customer;
• Online order via the Venimo website;
• Written confirmation by both parties.

All prices are exclusive of VAT and other government-imposed levies, unless expressly stated otherwise.

Venimo applies the following payment terms:

• Payment must be made within 14 days of the invoice date;
• In case of late payment, the customer owes statutory interest without notice of default;
• All costs for obtaining payment are borne by the customer;
• Venimo has the right to suspend or terminate services in case of non-payment.

Venimo will make every effort to perform services with care and in accordance with the agreements made.

The customer is obliged to:

• Provide all necessary information in a timely and accurate manner;
• Comply with the Acceptable Use Policy;
• Not undertake illegal activities;
• Not distribute spam or malware;
• Respect the intellectual property rights of third parties.

Venimo makes every effort to keep the services available as well and as continuously as possible. Venimo does not guarantee any particular availability percentage (uptime).

Where possible, Venimo announces planned maintenance at least 24 hours in advance. Venimo is not liable for unavailability caused by:

• Planned maintenance;
• Disruptions beyond Venimo's control;
• Force majeure situations;
• Problems caused by the customer or third parties.

7.1 Duration of the agreement

Agreements are entered into for the agreed contract period. In the absence of a specific contract duration, a contract period of one (1) year applies.

Unless otherwise agreed in writing, the agreement will be tacitly renewed after the contract period for the same period each time.

7.2 Regular termination

Both the customer and Venimo are entitled to terminate the agreement in writing, subject to a notice period of at least one (1) month, unless expressly agreed otherwise in writing.

Venimo is entitled to terminate an agreement without stating reasons, provided that the agreed notice period is observed and the customer is given a reasonable opportunity to migrate its services to another provider.

Venimo is not obliged to renew an agreement after the contract period has ended.

7.3 Immediate termination

Venimo has the right to terminate or suspend the agreement in whole or in part with immediate effect if:

• the customer fails to comply, or fails to comply on time, with its payment obligations;
• the customer acts in breach of these general terms and conditions, the Acceptable Use Policy or applicable laws and regulations;
• there is misuse of the services;
• the customer is declared bankrupt, applies for suspension of payment or terminates its business;
• continuation of the services can reasonably no longer be required from Venimo due to security reasons, legal obligations, misuse or a serious disruption of business operations.

Immediate termination does not entitle the customer to a refund of amounts already paid, unless mandatory law provides otherwise.

7.4 Domain names, hosting and migration

Upon termination of the agreement, Venimo will enable the customer, during the notice period, to migrate domain names, hosting, email, DNS and other services to another provider.

To the extent that the customer is the rightful holder of the relevant domain name(s), Venimo will provide the required transfer code(s), authorization code(s) or other information in accordance with the rules of the relevant registry or registry operator.

The customer is fully responsible for timely selecting a new service provider and for timely initiating and completing the migration.

If the customer has not completed the migration before the end date of the agreement, Venimo is entitled to terminate the services. Any consequences thereof, including websites, email, DNS or other services no longer being reachable, are entirely at the customer's expense and risk.

Venimo will not cancel a domain name registered in the customer's name without prior written notice, unless immediate cancellation is necessary on the basis of legislation, a court decision, registry rules, fraud, misuse, a security incident or another serious breach.

7.5 Consequences of termination

Upon termination of the agreement, all rights of the customer to use Venimo's services lapse.

After the end date, Venimo is not obliged to continue the services, keep data available or retain backups, unless this follows from applicable legislation or has been agreed otherwise in writing.

It is the customer's responsibility to secure all necessary data, backups, emails, files and other information before the end date.

7.6 No obligation to continue

Venimo reserves the right to refuse new agreements, renewals of agreements or additional services without stating reasons, insofar as this is not contrary to mandatory Dutch law.

Venimo is not obliged to continue an existing customer relationship after the agreed contract period has ended.

Venimo processes personal data in accordance with the General Data Protection Regulation (GDPR) and Dutch privacy law.

All intellectual property rights to software, documentation and other materials developed or made available by Venimo belong to Venimo or its licensors.

Venimo's liability is limited to the amount paid out by the insurer, or in the absence thereof to the amount of the agreement (excluding VAT) with a maximum of €5,000 per event.

Force majeure includes all circumstances that prevent the fulfillment of obligations and cannot be attributed to Venimo.

Venimo reserves the right to change or supplement these general terms and conditions. Changes will be announced at least 30 days in advance.

All agreements between Venimo and the customer are exclusively governed by Dutch law.

This article constitutes the Acceptable Use Policy of Venimo. It is an integral part of these general terms and conditions and applies to every customer and every end user of our services.

14.1 Scope and covered users

This AUP applies to all services offered by Venimo, including shared web hosting, VPS hosting, reseller hosting, domain name registration, SSL certificates, e-mail services, DNS and all related infrastructure. The AUP applies to:

• Direct customers of Venimo, whether natural persons or legal entities;
• End visitors of websites and applications running on our infrastructure;
• Sub-users, end customers and third parties who obtain services through a reseller or administrator using Venimo.

14.2 Permitted use

Venimo's services are intended for legitimate websites, web applications, storage, mail traffic within reasonable fair-use limits and business or personal online presence. Customer uses the services as a diligent and responsible user and complies with all reasonable instructions of Venimo, the relevant product and SLA pages and this AUP.

14.3 Prohibited use

It is expressly prohibited to use the services to display, store, distribute, facilitate or link to:

• Child sexual abuse material (CSAM), sexual material involving minors, or grooming;
• Terrorism, violent extremism, glorification or incitement of violence, hate speech, doxxing or threats;
• Illegal trade in weapons, narcotics, human trafficking or other criminal goods or services;
• Malware, viruses, ransomware, spyware, rootkits, exploits, phishing kits, carding tooling, credential stuffing, botnets or command-and-control infrastructure;
• Spam, unsolicited bulk mail, mail bombs, e-mail harvesting, open mail relays, open proxies or sending e-mail in violation of the GDPR or applicable anti-spam legislation;
• Fraud, scams, identity theft, fake invoicing, Ponzi or pyramid schemes, illegal gambling activities without a licence;
• Infringement of copyright, trademark, patent or other intellectual property rights of third parties, including unlicensed streaming, warez or illegal download portals;
• Unauthorised penetration testing, port scanning, vulnerability scanning or attacks on systems of Venimo or third parties, and hosting or distributing DDoS tooling, stresser or booter services;
• Cryptomining or comparable CPU, GPU or memory intensive workloads on shared hosting and reseller hosting (on VPS only within the customer's own contractual resources);
• Violation of third-party privacy, unauthorised publication of personal data or exploitation of datasets obtained from data breaches.

This list is non-exhaustive; Venimo assesses borderline cases on the basis of applicable law, this AUP and reasonableness.

14.4 High-risk activities

The following categories are not by definition prohibited, but require prior written consent from Venimo and appropriate compliance measures on the customer's side: adult content, online gambling and betting, financial services, payment services, crypto exchanges and custodial wallets, and political campaign infrastructure. Without prior consent, Venimo may suspend the service.

14.5 Compliance with laws, regulations and sanctions

Customer represents and warrants that the use of the services is at all times in compliance with Dutch law, EU law and all other applicable laws and regulations, including in any event the GDPR, the NIS2 Directive, the Digital Services Act and relevant telecom and consumer legislation. Customer complies with the sanctions regimes of the EU, the UN and the Kingdom of the Netherlands. Venimo does not provide services to persons, entities or governments listed on an applicable sanctions list or established in a sanctioned country to the extent this is prohibited.

14.6 Abuse, fraud and harmful content

Abuse can be reported free of charge via abuse@venimo.nl. Venimo handles reports confidentially and in principle within 24 hours on business days, with immediate intervention in case of acute threats such as CSAM, active phishing, malware distribution or an ongoing attack. Customer actively cooperates in investigations, provides requested information within a reasonable period and takes mitigating measures on first request. Where legally required or appropriate, Venimo cooperates with competent authorities, the Dutch Hotline for Child Sexual Abuse Material, law enforcement and sector partners.

14.7 Responsibility for third parties and sub-users

Resellers, administrators and customers who resell or make Venimo's infrastructure available to third parties are fully responsible for the actions and omissions of their own end customers and sub-users. They are required to apply an AUP that is at least equivalent to this AUP, to impose it contractually on their end customers, and to take appropriate measures in case of violations. Venimo may intervene directly if an end customer or sub-user violates this AUP.

14.8 Monitoring, enforcement and sanctions

Venimo monitors the network and services passively for availability, security, capacity and abuse signals. In case of a reasonable suspicion or confirmation of a violation of this AUP, applicable legislation or the other provisions of the agreement, Venimo is entitled, at its sole discretion and without prior notice if urgency so requires, to:

• Block or remove the relevant content, files, e-mail messages or DNS records;
• Filter or block traffic, ports or IP addresses;
• Suspend the service in whole or in part;
• Terminate the agreement with immediate effect, without any right to refund;
• Retain data, logs and traffic data and share them with competent authorities on the basis of a valid court order or statutory obligation;
• Recover from customer or end user all costs incurred, damages and any fines imposed in full.

Venimo informs customer as soon as reasonably possible about a measure taken, unless this would jeopardise an ongoing investigation or the safety of third parties.

Contact

For questions about this page, you can contact us:

• Email: info@venimo.nl
• Abuse: abuse@venimo.nl
• Phone: +31 (0)85 060 1002