Terms of Service

Karmuz Network is a trade name of Karmuz, a sole proprietorship 'eenmanszaak' registered in the Business Register of the Netherlands Chamber of Commerce under KVK number 83633588, VAT number NL003849619B59, established in the Netherlands. We operate the autonomous system AS209990. Our correspondence address is available on request from legal@karmuz.net.

You can reach us by email at the addresses listed on our contact page. Contractual and billing questions go to legal@karmuz.net; operational issues go to our NOC.

Business customers only. We offer these services to businesses, organisations and public bodies acting in the course of a trade or profession. We do not offer them to consumers, and we do not knowingly contract with a natural person buying for purposes outside their trade, business, craft or profession. If you are ordering for an organisation, you confirm you are authorised to bind it.

These terms apply to every service we provide and to every order you place, unless we have signed a separate written agreement. If documents disagree, this order decides: a signed agreement, then the order form, then these terms and the Acceptable Use Policy, then the quotation or service description. Anything the order form changes applies to that order only.

The Acceptable Use Policy is part of these terms. Breaching it is a breach of these terms. If your company has its own standard purchasing terms, they do not apply to what you buy from us.

Keeping a copy. Before the contract is concluded we make these terms and the Acceptable Use Policy available to you electronically, in a form you can store and reproduce, at karmuz.net/terms/v1.0 and karmuz.net/acceptable-use/v1.0, and we send you a copy by email on request at no cost - as articles 6:234 and 6:230c of the Burgerlijk Wetboek require. Those addresses never change, and superseded versions stay published there.

The looking glass, status page and other free tools on this site are free to use. Nothing in these terms about provisioning, payment, cancellation or availability applies to them, and they come with no warranty of any kind.

A contract comes into being when we confirm your order in writing or activate the service, whichever happens first. We may decline an order at our discretion, including where the intended use falls within a prohibited category, or an unapproved restricted category, under the Acceptable Use Policy.

You must give accurate legal identity, billing, technical and abuse contact details, keep them current, and respond to verification requests as described in section 3 of the Acceptable Use Policy. We do not provide services anonymously.

You are responsible for what is done through your account, including by your own users and by anyone using your credentials. You are not responsible for unauthorised use occurring after you have told us the credentials are compromised, or for use resulting from a compromise on our side. Report a suspected compromise to security@karmuz.net as soon as you can.

We provision services as soon as reasonably practicable after the order is confirmed and, where payment is due in advance, after the first payment is received. Transit and interconnects depend on facility access and carrier lead times. We give an estimated date at the time of order.

An estimated date is an estimate, not a deadline, so missing it is not a breach and we do not pay compensation for it. You keep your right to cancel: if we still cannot deliver within a reasonable time, cancel the order and we refund everything you have paid for the part we did not deliver.

Unless the order says otherwise, services run for the billing period chosen and renew automatically for successive periods of the same length.

On a monthly billing period you may cancel at any time, with effect from the end of the current month. On an annual term you may cancel with effect from the end of that term by giving notice at least 30 days before it ends; notice given later takes effect at the end of the following term.

Cancel by email to legal@karmuz.net or through the account tools where available. We confirm every cancellation in writing within two business days. If you have sent a cancellation and not had a confirmation, chase us - a cancellation you can show you sent to legal@karmuz.net takes effect on the date you sent it, whether or not our confirmation reached you.

After a service ends we delete the associated data within 30 days. Copies in backups disappear as those backups age out on their normal rotation, and we may keep what a legal retention duty requires. Export anything you need before the end date; we can help with an export while the service is still live.

Ask for a refund by emailing legal@karmuz.net. We decide and pay within 14 days, to the payment method you used.

• We could not deliver. Full refund of anything paid for the undelivered service, under section 4.
• We terminate without cause, or stop providing a service. Pro-rata refund of prepaid fees for the undelivered period.
• You cancel early. No refund of the current period, which runs to its end.
• We suspend or terminate for a serious breach. No refund - see section 11.6 of the Acceptable Use Policy. Where the breach is not serious we refund the unused part pro rata.

Please contact us before raising a chargeback. We answer refund requests within 5 working days, and a chargeback raised without asking us first costs us a fee we would rather neither of us paid.

Anycast delivery, DNS and edge services run from several sites and route around a site that fails. Services tied to a single instance have no automatic failover unless you order a resilient configuration. Binding availability figures and service credits apply only where a service level agreement has been agreed in writing.

Planned maintenance is announced in advance and scheduled to minimise impact. Emergency maintenance may be carried out without notice where security or stability requires it, and we tell you as soon as we can. Support is by email, and we prioritise incidents affecting service availability over other requests. We do not operate a staffed 24/7 support desk unless a service level agreement says otherwise.

We are not responsible for unavailability caused by your own systems or configuration, by your upstreams or third-party networks outside our control, or by denial-of-service attacks targeting you.

You must:

• use the services in accordance with the Acceptable Use Policy and all applicable law;
• keep your own systems, software and credentials secure and patched;
• use only address space, ASNs and domain names you are authorised to use;
• act on abuse reports we forward, within the timeframes in section 4 of the Acceptable Use Policy;
• cooperate with us on security incidents; and
• keep your own backups.

We may suspend or terminate a service in the circumstances and by the measures set out in section 11 of the Acceptable Use Policy, for non-payment after notice, or where you are in material breach of these terms and have not remedied it within a reasonable period after written notice. Where there is a risk of serious harm, or a binding order from a court or competent authority, we may act immediately and tell you afterwards.

You may terminate for our material breach after giving us written notice and a reasonable period to put it right - normally 30 days, or shorter where the circumstances require it, and immediately where performance has become impossible or we have told you we will not perform.

Either party may terminate immediately if the other is declared bankrupt (faillissement), is granted suspension of payments (surseance van betaling), enters the statutory debt restructuring scheme for natural persons (WSNP), or ceases to trade.

Whatever the cause, our total liability for a service is capped at the fees you paid for that service in the 12 months before the event giving rise to the claim. That is a single aggregate cap: if more than one thing goes wrong, all claims share it.

We are not liable for indirect or consequential loss, loss of profit, loss of turnover, loss of goodwill, or loss or corruption of data, except where the loss results from our intent or gross negligence.

Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, for intent or deliberate recklessness, or for anything else that cannot lawfully be excluded.

You indemnify us against third-party claims, and against penalties imposed on us, that arise from your breach of these terms or the Acceptable Use Policy - provided we notify you promptly, make no admission without your consent, and let you take part in the defence. The indemnity does not extend to claims or penalties attributable to our own acts or omissions.

Personal data we process as controller is handled as described in our privacy policy. Where we process personal data on your behalf we act as processor, on your documented instructions, under the data processing terms we agree with you before processing begins - a copy of which is available on request from legal@karmuz.net. You are the controller for personal data you host or transmit through our services and are responsible for having a lawful basis for it.

You keep all rights in your own content and data. We keep all rights in our network, systems, software, documentation and brand. Nothing in these terms transfers ownership of either. You grant us only the limited rights needed to host, transmit and deliver your content in order to provide the service.

We may change these terms where a change in law, a binding decision, the way a service is provided, or our costs requires it, or to correct an error. We publish and notify a change at least 30 days before it takes effect, except where an earlier change is required by law or to address an immediate security or legal risk. If a change is to your disadvantage, you may terminate the affected service free of charge before it takes effect, and we say so in the notice. Every superseded version stays published at its own permanent address.

Complaints go to legal@karmuz.net. We acknowledge them promptly and aim to resolve them within 14 days. Decisions to restrict or suspend a service can be contested under section 12 of the Acceptable Use Policy.

These terms are governed by Dutch law, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes go to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands.

We are not affiliated to a disputes committee (geschillencommissie), so no out-of-court dispute resolution body is competent for complaints about our services.