Terms of Service
NetTech NV Terms of Service
The following terms and conditions (“Terms of Service”) apply to the provision of NetTech NV, (“NetTech”) in regard to Hosting and/or Technology Services (“Services”) and to the Customer who orders NetTech Services (“Customer”).
1. ORDERING SERVICES
• 1.1 For purposes of these Terms of Service an order means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to you by NetTech for acceptance that describes the Services you are purchasing and the price of such Services, signed by Customer, either manually or electronically, and/or, (iii) your use of the Services, (“Order”).
• 1.2 Customer’s use of the Services is governed by these Terms of Service, which are incorporated by reference in the terms of your Order.
• 1.3 Customer’s use of the Services includes a representation that the individual placing the Order for Customer has the legal authority to enter into contractual commitments and make purchases for the Customer.
• 1.4 NetTech’s obligation to begin providing Services is contingent on Customer’s satisfying NetTech’s credit approval criteria. Further, NetTech may, in its sole discretion, accept or reject any Order Customer submits.
• 1.5 The provision of the Services described in an Order constitutes NetTech’s acceptance of the Order.
2. NETTECH OBLIGATIONS
NetTech will provide Services to Customer subject to these Terms of Service.
3. CUSTOMER OBLIGATIONS
• 3.1 Customer agrees: (i) comply with applicable law and these Terms of Service, (ii) pay the fees for the Services when due, (iii) cooperate with NetTech’s investigation of service outages and any suspected breach of these Terms of Service, and (iv) ensure your customer account information as it appears on invoices is true, accurate, and complete.
• 3.2 Customer is solely responsible for the security and content of all Customer data stored in NetTech’s hosted environment and all such data is and at all times shall, remain Customer’s exclusive property (”Customer Data”).
• 3.3 Customer is solely responsible for: (i) determining the suitability of the Services in light of the type of Customer Data stored by you or your end-user(s); (ii) the use of NetTech’s hosted environment and/or the Services by any of your employees or other user(s) who, either with or without Customer’s authorization, gain access to the hosted environment; and (iii) taking all commercially reasonable steps to mitigate the risks inherent in transmitting Customer Data to and from and while stored on the hosted environment using the Services, including any Customer Data loss or corruption.
• 3.4 Customer shall encrypt at the application level all data, considered sensitive data, which must be treated as confidential under state under local law or under Customer’s contractual obligations to others. Sensitive data includes, but is not limited to, Social Security Numbers, financial account numbers, driver’s license numbers, state identification numbers, Protected Health Information (as that term is defined in Title II, Subtitle F of the Health Insurance Portability and Accountability Act, as amended (HIPAA) and regulations promulgated there under) and Nonpublic Personal Information (as that term is defined in Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley) and regulations promulgated there under).
• 3.5 Customer shall be responsible for maintaining all backups for all Customer Data. In the event NetTech provides backup assistance on servers, it is provided, without additional charge, as a courtesy (“Courtesy Support”) to Customer. NetTech has no liability for any lost or corrupted Customer Data resulting from the provision of Courtesy Support.
• 3.6 Customer is responsible for selecting and securing the appropriate authentication procedures to allow access to Customer’s account. Customer is not authorized to provide account access, passwords, or passphrases for NetTech technical support to any third party.
• 3.8 Customer shall only use or allow the use of the Services in compliance with the terms of paragraph 4, (Acceptable Use) of these Terms of Service.
• 3.9 Customer shall promptly notify NetTech of any data breach or unauthorized access to NetTech’s network or servers and accounts. Customer will take all commercially reasonable steps to cooperate with NetTech’s investigation and resolution of the reported breach or unauthorized access.
4. ACCEPTABLE USE
• 4.1 Customer shall use the Services in compliance with all applicable state, federal, or international laws, statutes or codes, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
• 4.2 Customer is responsible for all acts and omissions of its users in connection with receipt or use of the Services. Customer agrees, and will ensure its users agree, to act responsibly and not use the Services for any illegal or unauthorized purpose including, but not limited to:
a. Hacking, phishing, spamming, identity theft, financial fraud, e-mail spoofing, virus distribution, network attacks, pirating software, harassment, using malware, spyware, copyrighted infringement under the Digital Millennium Copyright Act (“DMCA”), trademark infringement, sharing illegal software, and any unauthorized use of images, internet accounts or computers or any activity that would violate the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003.
b. For the purposes of Acceptable Use, the term Spamming includes, but is not limited to: (i) sending unsolicited outbound bulk email regardless of the content; (ii) Junk mail; (iii) unsolicited commercial email; (iv) unsolicited instant messaging; (v) unsolicited mobile phone messaging advertising; (vi) email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner and (vii) mailing lists without closed-loop (“Confirmed Opt-in”), subscription confirmation without retained messages and/or unsubscribe links.
c. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
d. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.
e. Intentionally or recklessly introducing any virus or other contaminating code into the NetTech hosted environment.
f. Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting).
g. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting.
h. Distributing software that covertly gathers or transmits information about a user.
i. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, and forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
j. Interference with service to any user of the NetTech hosted environment including, without limitation, mail bombing, flooding, or deliberate attempts to overload a system and broadcast attacks.
k. Any action that directly or indirectly results in any of NetTech’s IP space being listed on any abuse database.
l. Conducting any gambling activity in breach of the terms paragraph 4.1.
m. Distribution or any other use of copyrighted material not owned by Customer or Customer’s end-user.
n. Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to NetTech.
o. Content that incites violence, threatens violence, is excessively violent, or contains harassing content or hate speech.
p. Any action that results in Customer’s official listing on the Register of Known Spam Operations (ROKSO) database maintained at https://www.spamhaus.org/rokso/
q. Use of public proxies, Internet Relay Chat (IRC), or any application layer protocol when utilized to mask activities defined as malicious within these terms.
• 4.3 Customer may not use any shared system provided by NetTech in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. Note: When a warning is issued, and if no action is taken to reduce the excessive use, your account may be suspended.
• 4.4 Customer agrees that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
5. TERMINATION FOR VIOLATION OF ACCEPTABLE USE
• 5.1 NetTech has the right to investigate potential violations of paragraph 4. If NetTech determines that a breach has occurred, then NetTech may, in its sole discretion:
a. Restrict Customer’s and its users’ access to the Services;
b. Remove or require removal of any offending Content;
c. Terminate this Agreement for cause;
d. Exercise any other rights and remedies it may have, at law or in equity.
• 5.2 Except in an emergency or as may otherwise be required by law, before undertaking the actions in paragraph 5.1, NetTech will attempt to notify Customer by any reasonably practical means under the circumstances, such as, without limitation, by telephone or e-mail. Customer will promptly notify NetTech of any event or circumstance related to this Agreement, Customer’s or any user’s use of the Services, or content of which Customer becomes aware, that could lead to a claim or demand against NetTech, and Customer will provide all relevant information relating to such event or circumstance to NetTech at NetTech’s request.
6. TERM AND RENEWAL
• 6.1 Term. The initial term for each Order begins on the effective date stated in an Order or, if no effective date is stated, the initial term shall be begin on the date NetTech makes the Services available for Customer’s use (“Effective Date”) and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one (1) year. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one (1) year each, unless and until either party gives the other a written notice of non-renewal prior to the expiration of the initial term (or then-current renewal term, as applicable, following the process in 6.2 below.
• 6.2 Cancellation/Non-Renewal. Customer may give notice of non-renewal or cancellation by informing NetTech by email (email@example.com) No other form of cancellation will be effective and the year-to-year agreement for services is automatically renewed each year until such notice of cancellation is provided.
7. BILLING AND ACCOUNT SET-UP
• 7.1 NetTech will charge Customer and Customer agrees to pay when due the fees for the Services in accordance with its Order. Customer shall pay all applicable taxes arising from Customer’s use of Services or Customer’s payment of amounts due to NetTech under the Order.
• 7.2 NetTech may increase fees for the Services provided under an Order upon thirty days advance written notice as follows:
a. For Services provided on a year-to-year term, NetTech may increase fees effective the first day of the next month following the notice period.
b. For services provided over a term less than one year, NetTech may increase fees for the services provided under an Order as of the first day of the next renewal term beginning more than thirty (30) days from the date following the notice period.
• 7.3 NetTech may suspend all Services (including services provided under multiple Orders or other contracts with Customer) if charges to Customer’s credit card or other payment facility are rejected, or Customer fails to make payment by an agreed upon alternative payment method. NetTech may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%).
• 7.4 In the event NetTech brings a legal action or engages a collection agency to collect Customer’s unpaid balances, Customer will be liable for payment of all reasonable costs of collection, including legal fees and court costs. Any “credit” that NetTech may owe Customer will be applied to fees due from you for Services, and will not be paid to you as a refund.
• 7.5 Refunds and Guarantees:
a. No refunds for prepaid Services will be given.
7.6 If there is a dispute with respect to any portion of an invoice, Customer shall pay the undisputed portion of the fees when due and provide written details specifying the basis of any disputed portion of the invoice.
• 7.7 Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate.
8. SUSPENSION OF SERVICES
• 8.1 NetTech may suspend some or all of the Services without liability to Customer if Customer (i) fails to pay the applicable fees for the Services when due (ii) the Services are being used, have been used, or will, with commercially reasonable certainty, be used in breach of these Terms of Service; (iii) Customer fails to cooperate with an investigation of any suspected breach of the Acceptable Use provisions of these Terms of Service; (iv) NetTech reasonably believes that the Services have been accessed or utilized in any way by a third party without Customer’s consent, or (v) suspension of services is reasonably necessary to protect NetTech’s hosting environment and/or its customers.
• 8.2 NetTech will provide Customer reasonable advance notice of a suspension based on a violation of these Terms of Service and a chance to cure the violation on which the suspension is based, unless NetTech determines, in its reasonable commercial judgment, that an immediate suspension is necessary to protect NetTech’s network and its customers’ data from an imminent, significant operational, network integrity or security risk.
• 8.3 Suspensions based on Customer’s breach of these Terms of Service will not relieve Customer’s obligation to pay for the suspended Services during the period of suspension. Any suspension imposed under this paragraph will be terminated upon Customer’s cure of the breach causing the suspension. In the event the Customer is unable to cure the breach within fifteen (15) days from the date on which the breach occurred, the suspension may be treated as a termination for Cause. If Customer’s Services are compromised, then Customer must resolve the cause of the compromise before NetTech will reinstate service.
• 8.4 In the case that Service is suspended for Customer’s breach of these Terms of Service, NetTech shall have the right to deny access to, and/or, destroy data stored on the compromised server or account. NetTech may at its own discretion allow access to a suspended account.
9. TERMINATION FOR CAUSE
• 9.1 Customer may, upon written notice, terminate an Order for breach of these Terms of Service if NetTech (i) materially fails to provide the Services as agreed and does not remedy that failure within fifteen (15) days of your written notice describing the failure; (ii) materially fails to meet any other obligation stated in the Order and does not remedy that failure within thirty (30) days of Customer’s written notice describing the failure.
• 9.2 NetTech may, upon written notice, terminate an Order if Customer (i) provided materially inaccurate or incomplete information of the purpose of obtaining the Services; (ii) Customer did not have the legal right or authority to enter the Order; (iii) Customer fails to make payment of any invoiced overdue amount within five (5) Business Days of our written notice of delinquency; (iv) Customer made payment arrangements via credit card or other third party, and the third party refuses to honor or reverses NetTech’s charges; (v) Customer is in breach of the Acceptable Use provisions of these Terms of Service and (v) Customer fails to comply with any other obligation stated in the applicable Order and does not remedy the failure within fifteen (15) days of NetTech’s written notice to Customer describing the failure.
• 9.3 Either party may terminate an Order with immediate effect on written notice if the other party (or we reasonably believe that the other party) (i) is unable to pay its debts; (ii) enters into compulsory or voluntary liquidation; (iii) convenes a meeting of its creditors; (iv) has a receiver or manager or an administrator appointed (or an application is made to the court for the same); or (v) ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts (each an “Insolvency Event”). Notwithstanding anything to the contrary in the Order, the fees for the Services shall become due immediately upon the occurrence of an Insolvency Event.
10. HOSTING SERVICES/TECHNICAL SUPPORT/LIMITED WARRANTY
• 10.1 NetTech technical support services are provided via phone or email.
• 10.2 NetTech technical support is available only to its Customers.
• 10.3 NetTech has no support obligation to any other party.
• 10.4 Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an AS IS basis
• 10.5 NetTech has no obligation to provide security other than as expressly stated in the agreement or order.
• 10.6 Some of the Services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the legal and regulatory requirements applicable to you and your use of the Services, and for selecting and using those Services in a manner that complies with your obligations under the Agreement and the applicable legal and regulatory requirements.
• 10.7 NetTech personnel may from time to time recommend third party software or other products and services for your consideration and may also make available to you third-party products or services, including third-party applications through deployment or implementation tools. NetTech makes no representation or warranty whatsoever regarding products and services that are not purchased from NetTech or produced/manufactured by NetTech. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
11. PRODUCT SALES TERMS
• 11.1 Customer acknowledges that NetTech is reselling (and not itself providing) products purchased by customer including, without limitation, hardware, software and/or software licenses (“Product(s)”).
• 11.2 NetTech shall pass through to Customer, the manufacturer’s warranties for each Product and agrees to facilitate utilization of manufacturer’s product return policies. In no event will NetTech provide product return or warranty coverage beyond that provided by the manufacturer. Products that are accepted for return are subject to the manufacturer’s applicable restocking fee(s).
• 11.3 Customer acknowledges the terms and conditions governing the use of such Products shall be solely between Customer and the manufacturer.
• 11.4 Customer will not use the Products sold by NetTech for use in life support, life sustaining, nuclear or other applications in which failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. Customer agrees that NetTech is not liable, in whole or in part, for any claim or damage arising from use of such Products.
• 11.5 All shipments of Products by NetTech to Customer are FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from NetTech to Customer’s identified point of delivery will be the responsibility of the Customer.
• 11.6 Risk of loss will pass to the Customer upon delivery of the Products to the common carrier (regardless of who pays such common carrier) or the Customer’s representative at NetTech’s point of shipment.
• 11.7 Customer grants NetTech a security interest in and to the Products as security for payment in full of the purchase price. Customer authorizes NetTech to file and/or record any documents it deems necessary to perfect this security interest.
• 11.8 Customer will obtain all licenses, permits and approvals for the use of the Services or Products, which may be required by any governmental agency, foreign or domestic, having jurisdiction over the transaction.
12. WARRANTY DISCLAIMERS
• 12.1 NETTECH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING IMPLIED TERMS CONDITIONS OR WARRANTIES RELATING TO SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• 12.2 ALL SERVICES PROVIDED BY NETTECH ARE ON AN “AS IS” BASIS AND NETTECH MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PROVISION OF SUCH SERVICES.
13. SCHEDULED MAINTENANCE AND DOWNTIME
• 13.1 NetTech will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week.
• 13.2 Customer acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including:
a. Periodic maintenance procedures or upgrades (“Scheduled Downtime”)
b. Service malfunctions, and causes beyond NetTech’s control or which are not reasonably foreseeable by NetTech, including the interruption or failure of telecommunications or digital transmission links.
c. Hostile network attacks, or network congestion or other failures.
13.3 NetTech is not responsible for any downtime caused by conditions specified in 13.2 or due to Customer’s actions that breach any term of this Order.
13.4 NetTech will provide a minimum of 24 hours advance notice to the Customer for non-emergency maintenance or Scheduled Downtime, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers.
• 14.1 Customer agrees to indemnify and hold NetTech, and each of its directors, officers, employees, shareholders and agents (each an “Indemnified Party”) harmless from any and all damages, liabilities, fines, penalties, losses and/or claims of whatsoever kind or nature, arising from the Customer’s use of NetTech’s hosted environment or the Services
• 14.2 NetTech may from time to time, at the request of the Customer, be enlisted to perform server administration tasks on Customer hardware. Customer agrees and holds NetTech harmless against any damage caused to Customer in the performance of Remote said tasks.
Customer represents and warrants:
• 15.1 That Customer is not located in or a national of any country that is embargoed or restricted under export regulations or are otherwise a person or entity to which NetTech is legally prohibited from providing the Services.
• 15.2 Customer will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any Information or technical data provided by NetTech under these Terms of Service or any Order or agreement in which they are incorporated in any manner which would cause NetTech to breach any applicable export control laws, rules, or regulations.
• 15.3 Customer represents, and warrants without limitation, that it will not provide or facilitate administrative access to or permit use of the Services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under applicable export laws, rules or regulations.
16. PROMOTIONAL USE
Customer grants NetTech a non-transferable, non-exclusive license to utilize Customer trademarks and logos for NetTech promotional materials.
17. OWNERSHIP OF SERVICES/INTELLECTUAL PROPERTY
• 17.1 No work or professional services performed and/or provided by NetTech under this Order shall be deemed to be “Work For Hire” and shall remain at all times the sole property of NetTech. For so long as Customer is not in default on any obligation under these Terms and Conditions, NetTech grants Customer a non-exclusive, non-transferable license to use the work product of such services. Such license terminates upon the termination of the applicable Order or agreement pursuant to which they were performed.
• 17.2 All software that is provided to Customer is subject to these Terms of Service and any Order or agreement in which they are incorporated including software that we may authorize you to install on devices located outside of our data center. Customer shall not use any software provided by NetTech after the expiration or termination of these Terms of Service or any Order or agreement in which they are incorporated.
• 17.3 Customer shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any software we provide you.
• 17.4 Unless permitted by the terms of an open source software license, Customer may not reverse engineer, decompile or disassemble any software we provide for Customer’s use except and to the extent that Customer is expressly permitted by applicable law to do so and then following at a minimum of ten (10) days’ advance written notice to NetTech. Any additional restrictions, which may apply to software we utilize in the performance of the Services, will be specified in the applicable Order.
• 17.5 Where specifically prohibited, Customer shall not mix software license ownership when utilizing NetTech services. In such cases, where the Customer provides all licensed products, including the OS, all licenses must be provided by the Customer and may not be mixed with NetTech licensed products. Requirements vary by software vendor.
18. LIMITATION OF DAMAGES AND LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN AN APPLICABLE SERVICE LEVEL AGREEMENT, NETTECH’S LIABILITY TO CUSTOMER SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. FOR REMOTE MANAGEMENT OF CUSTOMER’S ENVIRONMENT, THE TOTAL LIABILITY OF NETTECH FOR THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MOST RECENT SIX MONTH’S BASE CHARGE FOR THE SERVICE (S) THAT IS THE BASIS FOR THE PARTICULAR CLAIM. NETTECH WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST OR DAMAGED DATA, AND LOSS OF BUSINESS OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, OR IN ANY WAY CONNECTED TO THESE TERMS OF SALE, EVEN IF NETTECH HAS BEEN ADVISED OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.
19. NO WAIVER
The failure of either party to insist upon strict performance of any of the provisions of these Terms of Service will not be deemed a waiver of any breach or default. The remedies provided to NetTech hereunder are not a waiver of the remedies of NetTech under applicable law.
20. LIMITATION OF ACTION
The Customer may bring no action, regardless of form, arising out of or relating to an Order, more than three (3) months from the date on which the cause of action accrues. The parties expressly agree that this part, as to the Customer only, supplants and replaces any and all periods of limitation otherwise provided for by law and applicable hereto. All periods of limitation otherwise applicable to actions by NetTech remain as provided by law.
21. CONFIDENTIAL INFORMATION
Information designated as confidential by either NetTech or Customer, whether before or after the effective date of these Terms of Service shall be held in strict confidence and used only for purposes of these Terms of Service. Except as required by law, no Confidential Information shall be disclosed without the prior written consent of the party designating the information as confidential. If either party is legally required to disclose any confidential information of the other party, the party so required shall notify the other party immediately and shall cooperate in seeking a reasonable protective order. This Section shall not apply to information, which is (i) in the public domain, (ii) already known to the recipient, (iii) developed independently or (iv) received from a third party without similar restriction and without breach of this or a similar agreement.
If any provision of these Terms of Service is unenforceable as a matter of law, all other provisions will remain in effect.
23. EXCUSABLE DELAY
NetTech will not be liable for any delay or failure of performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics or other circumstances beyond NetTech’s control.
24. BINDING TERMS AND CONDITIONS
• 24.1 These Terms and Conditions are incorporated in Customer’s Order by reference to NetTech’s website https://www.nettechnv.com/terms-of-service/. In the event NetTech revises the Terms of Service on its website, you will be subject to any revisions at the time of renewal of Services. Your renewal of Services constitutes your agreement to abide by the Terms of Service.
• 24.2 By opening an account, or by the use of any NetTech service, the Customer agrees to be bound by these Terms and Conditions.
25. NO PARTNERSHIP
The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent for the other; neither party has the right to bind the other to any agreement with a third party.
26. ASSIGNMENT AND SUBCONTRACTING
Neither party may assign the Order in whole or in part without the prior written consent of the other party, provided however, NetTech may assign an Order in whole or in part to an affiliate with sufficient financial standing in order to meet its obligations under the Order or as part of a bona fide corporate reorganization or a sale of its business, and we may transfer your Confidential Information as part of any such transaction. NetTech may use affiliates and third party service providers to perform all or any part of the Services, but NetTech remains responsible to you under the Order for Services performed by its Affiliates and third party service providers to the same extent as if NetTech performed the Services.
27. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Caribbean Netherlands and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.