Terms & Conditions

Date last updated 05/06/2023

These Terms and Conditions ("Agreement") govern the use of the services provided by Methean.pro ("Company") to its clients ("Client"). By engaging in our services, the Client agrees to be bound by these Terms and Conditions.

1. Definitions

1.1 Client: the natural or legal person with whom the agreement for the delivery of products and services of Methean is concluded.
1.2 Products and services of Methean:the products and services provided by Methean such as, web hosting, web design, rental and registration of a domain and all other additional and supporting products and services.
1.3 Agreement: the package of mutual rights and obligations resulting from acceptance by Methean.pro, confirmed by it in writing, by e-mail or by buying it directly from the website, of an order by the Customer for the supply of one or more products or services by Methean.pro.

2. Applicability

2.1 In so far as not deviated from in writing by mutual agreement between the parties, the articles below apply toevery offer, order or Agreement by or with Methean.
2.2 The Client's or third parties' General terms and conditions are not binding for Methean and do not apply.

3. Offer and acceptance

3.1 All offers and quotations made by or on behalf of Methean are without obligation unless otherwise stated by Methean in writing or by e-mail.
3.2 An offer or quotation from Methean is valid for 14 days unless otherwise stated.

4. Conclusion of an Agreement

4.1 An Agreement is concluded when the Client has completed an (online) order form or Agreement, agreed to the general terms and conditions and paid for it.
4.2 Additions and amendments to the Agreement only have legal effect if laid down in writing.

5. Commencement, duration and termination

5.1 The Agreement commences on the commencement date of the services by Methean. The Agreement has a minimum term of 12 months unless otherwise agreed in writing or electronically. After the expiration of the initial contract term, whichever it may be, the Agreement is tacitly renewed for a period of 12 months unless it has been tacitly agreed in writing that it will end by operation of law as of the date of the end of the contract term because only then will the Agreement end on the date of the end of the contract term. Each renewal will be tacitly renewed again for 30 days unless one of the parties has notified at least 15 days before the end of the then-current30-day renewal period that it does not wish to renew the Agreement. In that case, the Agreement ends when the current 30-day period ends.
5.2 The notice of non-renewal referred tounder 5.1 above shall have legal effect only if made in time and written by emailor through the customer system. If one or more of these conditions are notrespected, the Agreement is renewed again for 30 days unless the other partystill agrees to the erroneous communication. The client is not entitled toearly termination/termination of the Agreement during the then-current contractperiod.
5.3. Methean is entitled to terminate theAgreement immediately without notice of default or judicial intervention if the Client is declared bankrupt, has applied for or obtained a suspension of payments or has otherwise lost free control over its assets. In that case, the Client is not entitled to any damages. Furthermore, in the cases referred to in this paragraph, Methean is entitled to terminate the domain name registration with GoDaddy and/or other domain name registration organisations of the Client's website. Methean is entitled to terminate the Client's data storage.
5.4. Without prejudice to the provisions of article 16, Methean is entitled to terminate the Agreement with immediate effect and without judicial intervention if:
- 5.4.1. Customer makes improper use of the Internet;
- 5.4.2. Customer distributes information in violation of (inter)national laws and regulations;
- 5.4.3. Client distributes information that is contrary to generally accepted standards and values;
- 5.4.4. Client distributes discriminatory information regarding appearance, race, religion, gender, culture, origin or can otherwise be called hurtful; also, it is not allowed to place so-called adult pages/commercialMP3/warez/webcams on our virtual servers/shared hosting servers.
- 5.4.5. The services offered by Methean may onlybe used for purposes that are not contrary to the Law, morality, public order,Net etiquette, the Agreement and these general terms and conditions. Thefollowing acts and behaviours are, but are not limited to, inconsistent withthese:
  - spamming;
  - infringing on copyrighted work(s) or otherwise violating the intellectual property rights of third parties;
  - distributing child pornography;
  - uttering racist slogans;
  - inciting riots;
  - penetrating other computers on the Internet without permission (=hacking), whereby any security is breached, and/or access is granted by technical intervention using false signals or a false key or by assuming a false capacity.
  Suppose theClient carries out the above acts and conduct. In that case, Methean is entitled to terminate the Agreement immediately and without judicial intervention, without the Client acquiring any right to compensation.

6. Delivery and delivery time

6.1. Services will be provided as soon as possible after the conclusion of the agreement or at a later time to be agreed upon.
6.2. If the agreed delivery time is likely to be exceeded, this will be communicated as soon as possible.
6.3. A lead time of approximately 24 hours should be considered when applying for and registeringa domain name, but this may extend to several weeks, depending on the NiC.

7. Force majeure

7.1. With force majeure concerning the Agreement is meant all that is understood in law and jurisprudence, including, for example, the failure of a supplier of Methean to provide a service or to do so in time.
7.2. Its obligations under the Agreement do not bind Methean if performance has become temporarily or permanently impossible due to force majeure. Both parties can dissolve the Agreement immediately if and as soon as such force majeure lasts longer than 1 month.

8. Disk space and data

8.1. The disk space and data traffic, which the Client is allowed, is depending on the selected package or special agreements. Unused data traffic is not transferable to a subsequent period. If the Customer uses more than the agreed limit, Methean will charge the Customer for this additional usage. Methean is entitled, if additional usage occurs more than incidentally, to increase Customer's package at the additional cost of that larger package compared to the package applicable to Customer up to that point. Methean has the right at all times to place the Customer's account offline if that account may hinder the other users of Methean's systems by withdrawing too much bandwidth/disk space/data traffic and/or processor load, queries or the like. As a result, no claim can ever be made by the Customer for compensation by Methean for any damage, in whatever form or on whatever title or purpose.

9. Client's obligations

9.1. Customer may use networks offered by Methean. This is subject to the condition that, as soon as the Client accesses the network of a third party, he will comply with the legal and other conditions that apply to the use of that network at that time.
9.2. Methean cannot reasonably be required to provide the Client with the terms and conditions referred to in paragraph 9.1.
9.3. TheClient shall indemnify Methean against any liability arising from non-compliance with the provisions of clause 9.1.
9.4. Customer will not cause any disruption to the functioning of Methean's Network,Third Party Network(s) and/or the link between these Networks by (the content of) the data traffic or by Customer's acts and/or omissions.
9.5. If, in Methean's reasonable opinion, there is a danger to the functioning of Methean's Network and/or to the service provided to Methean's customers, such as, but not limited to, spam mail, open relay, port scan, or hacking by the Customer and/or on behalf of the Customer or otherwise, Methean is entitled to give theCustomer instructions, which must be carried out within the set period of time, or Methean may suspend its service provision and e.g. take the Customer's account or server offline.
9.6. TheCustomer is immediately in default without further notice of default, if the instruction referred to in the previous paragraph is not followed and/or if(the content of) the data traffic or the actions and/or omissions of theCustomer are found to directly interfere with the functioning of Methean's Network, third-party networks or the link between these networks.
9.7. Customer must immediately notify Methean in writing of any changes inCustomer's data. If Customer fails to do so, Customer will be liable for anydamage Methean suffers as a result.
9.8. Client is responsible for keeping a recent version of its data/content/websites/users/databases. Methean is therefore not liable for any loss of website/users/databases in case of any outages or the like.

10. Services and maintenance

10.1. Methean will, as far as can reasonably be expected, make every effort to maintain its services for 7 days a week and 24 hours a day, except for the time needed for maintenance work.
10.2. Methean will make every effort, as far as can reasonably be required of it, to maintain and maintain the link with other networks.
10.3. The Customer must immediately report faults to Methean.
10.4. Methean in no way guarantees that the services it provides are suitable for any purpose, nor does it give any guarantees other than those specified in the(written) Agreement or in these terms and conditions.
10.5. The costs of elimination by Methean or third parties engaged by it of any failure will be borne by Methean, unless;
- 10.5.1. Customer has made injudicious use of the Service; or,
- 10.5.2. Customer has acted in violation of theAgreement or the General Terms and Conditions regarding the use of the Service; or,
- 10.5.3. The failure is otherwise attributable to the Customer, In which cases the Customer shall bear those costs.

11. Prices

11.1. All prices are exclusive of VAT, unless otherwise stated.
11.2. Methean has the right to change its prices. These changes will be made known to theCustomer no later than 2 months before they take effect by means of a written or electronic message to the Customer and by publication on the Methean website. In such a case the Customer is entitled to terminate the Agreement -provided it is done in writing - against the effective date of the change, at the latest 14 days before that effective date.

12. Cancellation of order by Client.

12.1. If the Client cancels an order to register a domain name before Methean has applied for or transferred the ordered domain name to the appropriate authority, the Client shall owe Methean an amount of Euro 279 (excluding all set-up costs applicable to the order). Cancellation by the Client of any Agreement for another service or for another product has no legal effect.

13. Terms of Payment

13.1. TheCustomer's obligation to pay starts on the day the Agreement comes into effect. The payment refers to the period from the effective date of the Agreement.
13.2.Payment must be made within 30 days of the invoice date, in a way to be indicated by Methean and in the currency invoiced. The moment of payment is the moment the amount due is received by Methean.
13.3. The fee payable under the Agreement is exclusive of VAT and any other levies arising from statutory regulations. The Client is also liable for the fees arising from these terms and conditions.
13.4. Methean will send the Client a monthly, or annual invoice for the costs associated with the Agreement. This invoice is payable immediately through the online payment processing page or within 14 days through bank transfer.
13.5. If Client fails to make payment within the period of 14 days, then Client is legally in default without further notice. Client shall then owe interest of 1%per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. The interest on the amount due and payable will be calculated from the moment that Client is in default until the moment of payment of the full amount.
13.6. In the event of non-payment or late payment of the invoice, Methean will charge, in addition to the amount due and the interest accrued thereon, both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.
13.7. If Client believes that the costs charged are incorrect, Client may make the objections known to Methean within two weeks from the date of the invoice. Upon receipt of the objection, Methean will investigate the correctness of the invoice amount.
13.8. Incase of direct debit, the Client must ensure sufficient balance on his account.
13.9. Client is in default from the time when the fee due cannot be collected or has not been paid to Methean due to the fault of Client.
13.10. If amounts due cannot be collected or are not received due to the fault of theClient, Methean shall charge default interest equal to the statutory interest rate, which shall be payable from the time the Client is in default until the time of collection, and also Methean shall be entitled to suspend its services, e.g. taking the Client's account offline.
13.11. If a higher amount is erroneously collected, Methean shall promptly refund the excess amount collected to the Client at the Client's first request.

14. Intellectual property rights

14.1. TheClient is permitted to download and use for its own private use the software present on the Methean site to which no (intellectual) property rights apply or which, according to explicit notice, are explicitly not exercised (so-called freeware).
14.2.Client must respect the rights of intellectual property regarding protected software and/or other works (including so-called "shareware") and indemnifies Methean against any claims in this respect.

15. Retention of title

15.1. The material produced by Methean is and remains the property of Methean.

16. Liability

16.1. Methean will endeavour to perform the agreed service to the best of its knowledge and ability in accordance with the requirements of good workmanship, all in accordance with what may be expected in the context of the task assigned to Methean.
16.2. The obligation referred to in paragraph 16.1 has the character of an obligation of best intents because Methean is dependent in its activities on the cooperation, services and deliveries of third parties on which Methean cannot exert any influence. Methean therefore accepts no liability whatsoever for any damage whatsoever arising from the relationship with Methean or the termination thereof regardless of whether the damage arises or becomes apparent during the relationship with Methean.
16.3. Methean is only liable for damages which are the direct result of a short coming attributable to Methean in the fulfilment of the Agreement, if and insofar as the damage would have been avoided with normal professional knowledge and experience and with due observance of normal attentiveness and professional practice.
16.4. Any liability of Methean for any other form of damage is excluded, including additional compensation in whatever form, indirect damage or consequential damage or damage due to loss of turnover or profit, missed savings and/or damage due to business stagnation.
16.5. The liability of Methean for attributable failure in the performance of anAgreement will only arise if the Customer gives Methean immediate and proper notice of default in writing, setting a reasonable term in which to remedy the failure and Methean continues to fail imputably in the performance of its obligations even after the expiry of that term. The notice of default must contain as detailed a description as possible of the shortcoming, so that Methean is able to respond adequately.
16.6. A condition for the creation of any right to compensation is always that theCustomer reports the damage to Methean in writing as soon as possible after its occurrence.
16.7. The Customer guarantees the soundness and completeness of the data made available to Methean. Methean accepts no liability for damage caused by incompleteness or deficiency in the information provided by or on behalf of the Client. Methean will at all times comply with its obligations under the Personal DataProtection Act with respect to personal data as made available to Methean by the Customer.
16.8.Customer shall indemnify Methean against all claims for damages that third parties may enforce with respect to damage caused in any way by wrongful or careless use of Methean's products and services supplied to Customer.
16.9. Given the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, the Customer must take into account that the information obtained or sent via the Internet is freely accessible. Methean accepts no liability for damages in any form caused by the transmission of confidential or secret information. Methean is not liable for security or misuse by third parties of the data stored.
16.10. Methean is not responsible or liable for the content of promotional materials provided by Client.
16.11. The Client is liable for all damage that Methean may suffer as a result of a shortcoming attributable to the Client in the fulfilment of theAgreement or arising from the Client's failure to fulfil its obligations, as defined in article 9 of these terms and conditions.
16.12. Methean accepts no liability for defective software made by thirdparties.
16.13. Transfer of rights and obligations;
- 16.13.1. The parties are not entitled to transfer their rights or obligations arising from an Agreement to third parties in whole or in part without the prior written consent of the other party.
16.14. Decommissioning
- 16.14.1. Methean is entitled to put delivered products and services(temporarily) out of use and/or to restrict their use if the Customer fails to fulfil an obligation towards Methean in respect of the Agreement or acts in conflict with article 5, article 8, article 9 and/or article 13 of these general terms and conditions. Methean will notify Customer of this in advance, unless this cannot reasonably be required of Methean. The obligation to pay the amounts due shall continue to exist even during the decommissioning.
- 16.14.2. Methean does not accept any liability arising from the decommissioning referred to in paragraph 1 of this article.
- 16.14.3. Commissioning is effected as soon as the Client has fulfilled its obligations within a period set by Methean and has paid the sum of Euro25,- excl. VAT for reactivation.

17. Complaints

17.1. TheClient must lodge a written complaint in respect of observable defects no later than 8 days after delivery, failing which any claim against Methean will lapse.
17.2.Complaints regarding invisible defects must be made in writing by means of email within 8 days after the defect has been discovered, could have been discovered or should have been discovered. Failing this, all claims against Methean will lapse.
17.3. If the complaint is justified, the delivered products or services will be adjusted, replaced or reimbursed after consultation.
17.4. A complaint does not suspend the Client's obligation to perform.

18. Upgrading /Downgrading virtual hosting packages.

18.1. Upgrading or downgrading of packages is possible at any time.

19. Dispute settlement and applicable law etc.

19.1. The court in the Client's place of residence has jurisdiction to take cognisance of disputes to the exclusion of other arbitrators, except for mandatory law to the contrary. Nevertheless, Methean is entitled to submit the dispute to the court competent under the Law.
19.2. The parties shall only appeal to the court after they have made every effort to settle a dispute by mutual consultation.
19.3. Any Agreement between Methean and the Client is governed by Belgian law.
19.4 Methean is entitled to amend its General Conditions and, moreover, Methean is entitled to apply the amended GeneralTerms and Conditions to existing Agreements. The Client waives in advance any right to refuse to do so. If any provision of these General Terms andConditions is void or is set aside, the other provisions of these General Terms and Conditions shall remain in full force. The Client and Methean shall enter consultations in order to agree a new provision to replace the void or voided provision, whereby the objective and purport of the void or voided provision shall be observed as much as possible.
19.5. Methean cannot be required to make available to the Client the conditions, Statutory or general or otherwise, which at that time apply to the use of any Network that is directly and/or indirectly connected to the Methean network. Meanwhile, the Client shall comply with those terms and conditions and indemnify and hold Methean harmless from and against any claim resulting from non-compliance with those terms and conditions.

20. Website Lease/ Webshop Lease.

20.1. The term of the website lease agreement is a minimum of one (1) year, unless otherwise agreed.
20.2. The monthly instalments payable by Methean consist of a fixed amount for repayment.
20.3. Methean is entitled to change the rate of a current lease agreement when, from the date the agreement is dated, there is an inflation rate of 2% or more, determined for the Price Observatory. This change will not exceed the rate of inflation.
20.4. After the expiry of the agreement the client may request the delivery of a copy of the website(s) produced for the client. The copy of the website can only be done for static pages and not the dynamic ones. Methean will request a fee of 500 EURO excl. VAT for this from the client. At this point the client is buying the property rights of the website and will no longer be a property of Methean.
20.5. After the end of the agreement the client can have Methean manage and maintain its website at the then valid rates.
20.6. Any domains purchased for the customer may be taken over by the customer at the customer's expense upon termination of the agreement.
20.7. In the event of faulty payment by client, Methean may "shut down"client's website. All costs for the "repair" of client's website shall be borne by client and must be paid in advance.
20.8. Methean will notify client in case of deficient payment.
20.9. In the event of faulty payment by client, the agreement shall remain in full force and effect. The amount outstanding at that moment (if any) will become immediately due and payable to Methean, which may involve extra (collection)costs.