Terms of Service

Last updated on August 15, 2023

These Terms of Service apply to every offer, quotation, or other relationship with ByteLynk concerning services and form an integral part of every agreement between ByteLynk and the customer. Provisions or conditions set by the customer that deviate from or do not appear in these Terms of Service are only binding for ByteLynk if and insofar as ByteLynk has explicitly accepted them in writing.

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Article 1: Offer, Quotation, and Agreement

• All offers from ByteLynk are without obligation unless explicitly stated otherwise.
• Quotations from ByteLynk are valid for the period specified in the quote. If no term is stated, the quote will be valid for 1 (one) month after the date on which the quotation was issued.
• The agreement is concluded upon the written mutual acceptance of the services delivered by ByteLynk. Examples include signing a written agreement, making a payment, accepting a quote, or placing an order through the Portal.
• Agreements are always for 12 (twelve) months unless otherwise agreed (during the order or in the agreement).
• The agreement is always tacitly renewed for the same period as agreed in the invoice unless 1 (one) of both parties cancels the agreement in writing at least 1 (one) month before the expiry of the agreed period.
• Unless otherwise stated in the contract, should termination of the agreement in writing be submitted with a notice period of 1 (one) month before the end of the agreed period. Cancellation must be made in writing, on the understanding that the cancellation period only starts on the day on which ByteLynk receives the cancellation.
• If the customer is a natural person who does not act on behalf of a professional or company, the customer has the right, without giving any reason, to dissolve the agreement within 14 (fourteen) days after the conclusion, unless ByteLynk has already started the implementation of the agreement.
• If the customer has ordered a custom service, such as a Domain Name, SSL Certificate, Bare Metal Cloud server, or a service that has not been ordered directly on the website, the right of withdrawal expires immediately.
• If the customer utilizes the right of withdrawal, a refund will be made within 14 (fourteen) days, minus the applicable administration and transaction costs.

Article 2: Rates

• All rates stated by ByteLynk are in euros exclusive of sales tax (which may vary per country) and invoiced at least 2 (two) weeks in advance. Unless otherwise agreed in writing by ByteLynk.
• Unless otherwise agreed, the payment term is 2 (two) weeks after the invoice date or prior to the due date specified on the invoice.
• If the customer fails to pay an invoice from ByteLynk within the agreed payment term stated in Article 2.2 or does not fulfill their contractual obligations, ByteLynk retains the right to:
  • Suspend the services of the customer effective immediately.
  • Block the access to the ByteLynk Portal, with the exception of the ticketing system.
  • Statutory interest to be charged on the outstanding amount.
  • Send email reminders and reminders by post. Any reminders that are sent by post may be subject to additional costs.
  • In the event that a claim is transferred to a collection agency, it is imperative to note that the customer is accountable for all associated collection expenses.
• If ByteLynk incurs any expenses regarding Article 2.3, the customer will be promptly notified that the expenses will be transferred to the customer. The invoice created for these expenses must be settled within a maximum of 2 (two) weeks by the customer from its creation to avoid further complications.
• In the event that a customer initiates a chargeback or reversal, ByteLynk may calculate the actual costs incurred. Please note that there is a minimum fee of €50 euro per transaction that is reversed or charged-back, excluding any applicable taxes.
• If ByteLynk finds it necessary to adjust its service prices, it can do so at any time; ByteLynk will notify the customer if the prices are being changed. Such notification will be sent out at least 1 (one) month before implementing any changes.

Article 3: Delivery of the services

• Please be advised that the delivery times provided on our websites or Portal are intended as a general estimate and should not be construed as a guarantee. If the delivery times are not met, any delays or damages that may arise will not be our responsibility.
• Upon receipt of the delivered services, the customer is entitled to inspect them for any possible defects or shortcomings within a period of 5 (five) working days. After this timeframe has elapsed, any compensation claims will be deemed invalid.
• ByteLynk maintains complete ownership of all products or equipment until the customer pays all outstanding invoices.
• It is important to note that any services rented by the customer shall not be considered as their property and they shall not have any ownership rights over them. Furthermore, the right to use the services shall be revoked upon the occurrence of any of these events:
  • The customer service is cancelled by the customer or ByteLynk employees.
  • The customer service is terminated by the customer or ByteLynk employees.
  • The customer service is suspended by ByteLynk employees for any reason.
• ByteLynk strives to fulfill delivery obligations promptly. If this cannot be achieved, the customer will receive a full refund through the original payment gateway. It is important to note that ByteLynk cannot be held liable for any delays or damages that may occur due to the inability to fulfill delivery obligations.

Article 4: Liability of ByteLynk

• If ByteLynk fails to meet its obligations according to the Terms of Service or any relevant agreement, or if their employees or third-party contractors engage in lawful or unlawful acts that cause direct damage to the customer, the customer will only have the right for limited compensation. This amount will be equivalent to the monthly fees paid by the customer (excluding any applicable taxes) for the event or series of events that resulted in the damage. However, the total compensation for direct damage cannot exceed 25% (twenty-five percent) of the total amount (excluding any applicable taxes) paid per year, with a maximum of €2500 (twenty-five hundred) euro.
• ByteLynk's liability for indirect damage, including consequential damage, loss of profit, lost savings, loss of (business) data, damage due to business interruption, and other indirect damage, is excluded.
• In the event of any discrepancies regarding ByteLynk's agreement fulfillment, it is imperative that the customer promptly and accurately notifies ByteLynk in writing. Furthermore, the customer must allow ByteLynk a reasonable amount of time to address and resolve the issue. Should ByteLynk fail to fulfill its contractual obligations within the allotted time frame discussed with the customer, any compensation outlined in Article 4.1 will be issued in the form of in-store credit or disbursed after 2 (two) months from the date of the non-compliance.
• ByteLynk shall not be held liable for any damages arising from uncontrollable or unforeseeable circumstances, also called force majeure. This provision is specifically outlined in Article 5. It is important to note that all warranties are voided in such cases.
• It is imperative that the customer provides written notice of any damages incurred to ByteLynk within a period of 5 (five) working days from the time of occurrence, in order to be eligible for compensation. Failure to do so within the stipulated period will result in the forfeiture of compensation rights.
• ByteLynk shall not be held liable in the event that any services provided to the customer are suspended (status: Suspended) or terminated (status: Terminated/Cancelled/Fraud) for any reason. The customer's right to compensation or refund shall be deemed to have lapsed immediately.
• In the event of third-party misuse of the service, also referred to as prohibited activities outlined in Article 7, ByteLynk reserves the right to suspend any service temporarily. Note that all warranties will be voided in this situation.

Article 5: Force majeure

• ByteLynk acknowledges that circumstances beyond our control can impact our ability to fulfill obligations. In instances of force majeure, ByteLynk is exempt from the obligation to perform. Force majeure includes but is not limited to:
  • Acts of war, including imminent danger thereof.
  • Civil disturbances or riots.
  • Strikes that significantly disrupt operations.
  • Fires, whether natural or accidental.
  • Water damage or flooding that impedes normal operations.
  • Unfavorable atmospheric conditions that disrupt services.
  • Prolonged power outages impacting operations.
  • Maintenance affecting external telecommunications or electricity networks.
  • Cable breaks and equipment failure causing connectivity disruptions.
  • Network or server attacks, such as DDoS or malware attacks.
  • Malfunctions in critical networks relied upon by ByteLynk.
  • Failures in communication links, including telecommunication connections.
  • Suppliers upon whom ByteLynk relies failing to meet obligations, whether due to prevention, refusal, or extended absence.
• During periods of force majeure, ByteLynk's obligations may be suspended. We are committed to addressing such situations with diligence and taking reasonable steps to mitigate their impact. However, ByteLynk holds no liability for any damages or consequences arising from force majeure events. It is important to note that while ByteLynk will strive to minimize disruptions during such occurrences, force majeure situations remain beyond our direct control. We recommend that customers ensure their contingency plans consider the potential effects of force majeure events.

Article 6: Maintenance, upkeep and management at application level

• ByteLynk provides services without support at the application level (software basis) unless otherwise agreed in writing by ByteLynk.
• If ByteLynk (on request) provides support at the application level (software basis), an hourly rate of €120 (one hundred twenty), exclusive of any applicable taxes, will be charged unless otherwise agreed.

Article 7: Prohibited activities

• Article 7 applies to all our services.
• ByteLynk retains full authority to suspend, terminate, or take necessary actions concerning the services offered, and may impose supplementary charges for essential interventions, should any instance arise indicating customer misuse or abuse of our services. The enumeration of prohibited activities can be found comprehensively detailed in Article 7.3. This provision empowers ByteLynk to take appropriate actions to maintain our services' integrity and protect our user community's interests.
• All prohibited activities are clearly listed below. If there is any uncertainty about whether a specific activity is prohibited, ByteLynk will promptly make an assessment to decide if an activity is prohibited.
  • Malware Distribution and Hacking:
    • Distributing or hosting malicious software, viruses, worms, trojans, or any other type of malware.
    • Engaging in hacking activities, including attempts to gain unauthorized access to systems, networks, or data.
  • Phishing and Fraud:
    • Setting up fraudulent websites or phishing sites to deceive users and steal their personal information, such as login credentials or financial data.
    • Engaging in fraudulent activities, including pyramid schemes, ponzi schemes, and other types of financial scams.
  • Spamming and Unsolicited Communications:
    • Sending unsolicited bulk emails (spam) or engaging in other forms of unsolicited communication, such as SMS spam or robocalls.
    • Using services to facilitate or send phishing emails, fraudulent messages, or other deceptive communications.
  • Copyright and Intellectual Property Infringement:
    • Hosting or distributing copyrighted materials without proper authorization, including pirated software, movies, music, and books.
    • Offering services that facilitate copyright infringement, such as file-sharing platforms dedicated to sharing copyrighted content.
  • Illegal Content and Hate Speech:
    • Hosting or sharing illegal content, including child pornography, explicit adult content in violation of laws, and materials that promote violence or terrorism.
    • Allowing hate speech, harassment, or content that promotes discrimination based on race, gender, religion, or other protected characteristics.
  • DDoS Attacks and Resource Abuse:
    • Launching Distributed Denial of Service (DDoS) attacks against websites, networks, or services to disrupt their availability.
    • Consuming excessive resources (e.g., bandwidth, CPU, memory) in a way that negatively impacts other users or ByteLynk infrastructure.
  • Scraping and Data Mining:
    • Engaging in web scraping or data mining activities without permission, especially if these activities violate the target website's terms of use or applicable laws.
  • Cyberbullying and Harassment:
    • Using our cloud services to engage in cyberbullying, harassment, or any form of online abuse directed towards individuals or groups.
  • Illegal Activities:
    • Using our cloud services to facilitate any illegal activities, including drug trafficking, money laundering, and other forms of organized crime.
  • Proxy and VPN Abuse:
    • Using our cloud services to set up proxies, VPNs, or other anonymizing services for the purpose of illegal or abusive activities, such as hiding the source of attacks.
• ByteLynk will immediately suspend any services from a customer if the customer is listed or delivering services to individuals or organizations in the Register of Known Spam Operations (ROKSO). Further explanation will be requested from the customer regarding the affiliation with or inclusion in the Register of Known Spam Operations (ROKSO); when ByteLynk is not convinced, the customer account is subject to account termination. Spamhaus actively maintains this register and can be accessed through the following URL: https://www.spamhaus.org/rokso/.
• ByteLynk provides cloud services to customer, enabling them to create and manage their online presence. It is important to understand that ByteLynk is not responsible for the content hosted on its servers or for the misuse or abuse of its services by customer. The responsibility for the content, activities, and behavior associated with the use of our services rests solely with the customer who utilizes our services. ByteLynk takes appropriate measures to enforce its Terms of Service and prevent abusive or harmful activities, but customer is ultimately accountable for ensuring that their actions comply with legal and ethical standards. By utilizing ByteLynk's services, customers agree to take full responsibility for their content and activities while using our services.
• ByteLynk acknowledges its responsibility to uphold the law and comply with legal requirements. In the event of valid subpoenas, court orders, or other legal directives, ByteLynk reserves the right to cooperate fully with law enforcement agencies. This cooperation may involve the disclosure of customer information, data, or any other relevant materials deemed necessary for the investigation or resolution of legal matters. While we are committed to safeguarding customer privacy to the fullest extent possible, we must prioritize adherence to legal obligations when faced with such circumstances.

Article 8: Confidentiality

• Regardless of whether it has been communicated in written or oral form, both parties must maintain the confidentiality of any information per the terms and conditions outlined in any agreement or Terms of Service.
• ByteLynk and the customer may share information and data with third parties and their personnel, but only with prior written consent and within the limits of the agreement and Terms of Service.
• By agreeing to our Terms of Service during registration, the customer must affirm that their staff and any third-party individuals they collaborate with also accept Article 8.
• All communication between the customer and ByteLynk remains confidential. Under no circumstances should the customer share or grant any third-party access to conversations, email exchanges, support tickets, quotations, or chat conversations. In case of a subpoena, court order, or any law enforcement request, ByteLynk may cooperate in providing all communication and information from the customer, including service information, payment information, and in some cases, by providing access to customer services.
• Neither ByteLynk nor the customer will mention any agreement or Terms of Service details in publications or advertisements without the other party's written consent.

Article 9: Other provisions

• Any of our agreements or our Terms of Service are governed by Dutch law.
• Insofar as not stipulated otherwise by mandatory law, all disputes arising due to the agreement will be submitted to the competent Dutch court for the district in which ByteLynk is located.
• If any provision of the agreement proves to be invalid, this will not affect the entire agreement's validity. In that case, both ByteLynk and the customer will determine a new provision as a replacement, reflecting the intention of the original agreement and Terms of Service as much as legally possible.
• Information and announcements, including price indications, found on the ByteLynk website, portal, or any other ByteLynk websites may contain programming or typing errors. In the event of any inconsistency between the information provided and the agreement, the agreement will take precedence.
• ByteLynk and the customer must immediately inform each other in writing of any updates, including modifications to name, mailing address, email address, phone number, and other essential account details.
• Under no circumstances are mistakes created by ByteLynk that are clearly visible in offers and agreements legally enforceable.
• In the event that ByteLynk is required to perform extra work due to the customer's actions, a rate of €75 euro per hour (excluding any applicable taxes) will be charged.
• ByteLynk reserves the right to modify the Terms of Service as deemed necessary. We will make reasonable efforts to provide notice to you at least 2 (two) weeks prior to the implementation of any changes. It is important to note that ByteLynk retains the prerogative to effect immediate changes to the Terms of Service without advance notice, while promptly informing the customer of such changes.
• • Domain Names
    ByteLynk offers domain registration services to help customers establish their online identity. When registering a domain name through ByteLynk, customers agree to adhere to the terms and conditions set by domain registries and governing bodies. It's important to note that domain names are subject to availability and may be registered on a first-come, first-served basis. ByteLynk does not guarantee the availability of any specific domain name. Customers are responsible for ensuring the accuracy of their domain registration details and promptly renewing their domains to prevent expiration and potential loss.
  • Cloud Hosting
    ByteLynk provides cloud hosting services that offer customers the benefits of shared resources and cost efficiency. With shared web hosting, multiple customers share server resources, which allows for cost-effective hosting solutions. However, shared hosting also comes with limitations in terms of resource allocation. Customers using shared hosting are expected to utilize resources responsibly and not engage in activities that negatively impact the performance or security of other websites hosted on the same server. While ByteLynk takes measures to maintain security and stability, customers should be aware that shared hosting environments might have certain limitations compared to dedicated hosting solutions.
  • Cloud Compute
    ByteLynk offers cloud compute services that provide customers with flexible and scalable computing resources. Cloud compute allows customers to deploy virtual machines and other computing instances based on their specific needs. Customers have the freedom to select and configure the resources required for their applications, which can be adjusted as demand changes. It's important to manage resources efficiently to optimize performance and cost-effectiveness. Customers should also be mindful of security practices when configuring and managing their cloud instances to ensure the protection of sensitive data and prevent unauthorized access.
  • Network Services
    ByteLynk offers additional network services such as the option to request extra IP addresses and increased bandwidth for specific needs. Additional IP addresses can be useful for hosting multiple websites, implementing SSL certificates, or setting up custom network configurations. Similarly, increasing bandwidth helps accommodate higher levels of traffic and better performance. Customers interested in availing these network services should communicate their requirements to ByteLynk's support team. It's important to note that certain services may be subject to additional fees and availability, and ByteLynk reserves the right to evaluate and approve requests based on technical feasibility and other factors.
  • DNS Management
    ByteLynk affords customers the capability to manage DNS records independently, including the creation and management of nameserver zones. Customers are vested with the responsibility to establish how their domain names correspond to IP addresses, shaping the accessibility of their online presence. Notably, ByteLynk operates solely as a provider of tools and resources for DNS management. It is crucial to underscore that customers are exclusively accountable for the accuracy and integrity of their DNS configurations. This encompasses the precise configuration of records, vigilant updates, and the thorough consideration of any potential ramifications arising from DNS changes. ByteLynk expressly disclaims any liability for disruptions, downtime, or repercussions arising from customer-managed DNS records. We advise customers to engage with our comprehensive documentation and support services to ensure a knowledgeable and seamless DNS management experience.

Article 10: Definitions of terms used

• ByteLynk: the decided-upon company ByteLynk established at Saffierborch 18, 5241 LN Rosmalen, The Netherlands. The Chamber of Commerce number is 82394466. The VAT number is .
• ByteLynk website: the ByteLynk website, accessible via https://bytelynk.com.
• ByteLynk portal: the ByteLynk portal, or ByteLynk client area, accessible via https://bytelynk.com.
• Services: all work or other activities delivered by ByteLynk to the customer in accordance with an offer, quotation, agreement, or other legal act.
• Customer: the natural person or legal entity to whom ByteLynk's offer is addressed, with whom ByteLynk has concluded the agreement, or for whom the legal act has been/will be performed, based on which services are delivered to this party.
• Agreement: the mutual acceptance, which has been confirmed in writing by ByteLynk and the customer, concerning the services of ByteLynk. The orders placed via the ByteLynk website and ByteLynk portal are explicitly included in this.
• Products: all movable property that is the subject of any offer, quotation, agreement, or other legal act in the relationship between ByteLynk and the customer.
• Written: correspondence by letter or via the ByteLynk ticketing system. For questions, product information, or information about the website, please get in touch with us via our ticketing system.