General terms and conditions of the Service Provider
These general terms and conditions apply to every offer or quotation of the Service Provider regarding Services and form an integral part of every Agreement between the Service Provider and the Customer. Provisions or conditions set by the Customer that deviate from, or do not appear in, these General Terms and Conditions are binding on the Service Provider only if and insofar as they have been expressly accepted in Writing by the Service Provider.
Capitalized terms have the meaning set out in the first article.
Article 1. Definitions of terms used
In these terms and conditions the following definitions apply:
Service Provider: the company mijn.host B.V., established in Amsterdam, The Netherlands and registered with the Chamber of Commerce under file number 89592514.
Service Provider Website: the website of the Service Provider, accessible via the domain https://my.host.
Subscription: the Agreement whereby one or more of the parties undertakes to perform services continuously or repeatedly over a certain period of time (e.g. a 12-month hosting contract).
Account: the right of access to a user interface with which the Customer can manage and configure (certain aspects of) the Services, as well as the configuration(s) and the files stored for the Customer themselves.
General Terms and Conditions: the provisions of the present document.
Customer: the natural person or legal entity with whom the Service Provider has concluded an Agreement. This also refers to anyone who is or has been negotiating with the Service Provider about this, as well as their representative(s), authorized agent(s), successor(s) in title and heirs.
Services: the products and/or services that the Service Provider will deliver to the Customer pursuant to an Agreement.
Materials: all works, such as websites and (web) applications, software, corporate identities, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other products of the mind, as well as preparatory material thereof and (whether or not encoded) files or data carriers on which the Materials are located.
Agreement: any agreement between the Service Provider and the Customer under which the Service Provider delivers Services to the Customer.
In Writing: in addition to paper documents, also email and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.
Applications With Increased Risk: applications in which a fault in the Services can lead to death or serious injury, serious environmental damage or loss of (personal) data with very high consequential damage. Examples of Applications with increased risk are: transport systems in which a fault could cause trains to derail or aircraft to crash; medical systems in which a fault could result in a patient receiving no treatment or the wrong treatment; systems on which a substantial part of the population depends for the provision of crucial government services, such as DigiD; systems in which (a lot of) medical data or other special data within the meaning of the General Data Protection Regulation, or otherwise highly sensitive data, are stored.
Article 2. Conclusion of the contract
2.1. The Customer can request the Services directly from the Service Provider Website. The Agreement comes into being at the moment the Service Provider sends the (whether or not automatically generated) email containing the confirmation and acceptance of the request.
2.2. On all Web hosting plans, the Customer has the right to dissolve the Agreement in Writing and free of charge within a period of fourteen days from the moment the order was placed. Other services are excluded from this right.
Article 3. Performance of the Agreement
3.1. After the conclusion of the Agreement, the Service Provider will perform it to the best of its ability and with sufficient care and craftsmanship.
3.2. The Service Provider will make every effort to achieve high-quality and uninterrupted availability of the Services and the associated systems and networks, and to provide access to data stored by the Customer with them. However, the Service Provider offers no guarantees regarding quality or availability, unless otherwise agreed in the quotation by means of a Service Level Agreement (SLA) designated as such.
3.3. Delivery periods specified by the Service Provider are always indicative in nature, except where the applicable SLA sets periods that can only be construed as an obligation of result.
3.4. If and insofar as the proper performance of the Agreement requires this, the Service Provider is entitled to have certain work carried out by third parties. Any unexpected additional costs related to this are for the account of the Customer, unless otherwise agreed. These General Terms and Conditions also apply to the work that third parties carry out within the framework of the Agreement.
3.5. If so agreed, the Service Provider will provide the Customer with access to an Account. The Account will be accessible by entering a password and username. Any action taking place via the Customer's Account or an Account created by the Customer is deemed to have been carried out under the responsibility and risk of the Customer. If the Customer suspects or should reasonably suspect or know that an Account is being misused, the Customer must report this to the Service Provider as soon as possible so that it can take measures.
3.6. The Service Provider will make itself available for a reasonable level of remote customer support by email, during regular office hours, insofar as the applicable SLA does not stipulate otherwise.
3.7. All changes to the Agreement, whether at the request of the Customer or as a result of the fact that a different performance is necessary for whatever reason, are regarded as additional work when they entail extra costs and as reduced work insofar as they result in lower costs. These are invoiced to the Customer accordingly.
Article 4. Obligations of the Customer
4.1. The Customer is obliged to do and refrain from everything that is reasonably necessary and desirable to enable timely and correct performance of the Agreement. In particular, the Customer ensures that all data that the Service Provider indicates are necessary, or that the Customer should reasonably understand to be necessary for performing the Services, are provided to the Service Provider in good time. The period within which the Service Provider must perform the Agreement does not commence until all requested and required data have been received by the Service Provider.
4.2. If the Customer knows or can suspect that the Service Provider will have to take certain (additional) measures in order to fulfil its obligations, the Customer will inform the Service Provider of this without delay. This obligation applies, for example, if the Customer knows or should foresee that an exceptional peak in the load on the Service Provider's systems will arise that could, in any likelihood, cause the Services to become unavailable. This applies all the more if the Customer knows that Services are also delivered to others via the same systems that the Service Provider uses to deliver Services to the Customer. After being warned, the Service Provider will do everything possible to prevent unavailability of the Services. Unless expressly agreed otherwise in Writing, all reasonable additional costs incurred in doing so may be charged to the Customer.
4.3. The Customer may under no circumstances use the Services for Applications with Increased Risk.
4.4. If the Customer requires any permit or other permission from government authorities or third parties for the specific use it makes or intends to make of the Services, the Customer must arrange this itself. The Customer guarantees to the Service Provider that it holds all permits and/or permissions necessary for the Customer's use of the Services.
4.5 The Customer is responsible for making a regular backup of all files on the server. The Service Provider bears no responsibility whatsoever for any loss of data and the resulting damage.
Article 5. Codes of conduct and notice/takedown
5.1. The Customer is prohibited from using the Services to violate Dutch or other laws or regulations applicable to the Customer or the Service Provider, or to infringe the rights of others.
5.2. It is prohibited by the Service Provider (whether or not this is legal) to offer or distribute, using the Services, Materials that:
- are unmistakably primarily intended to help others infringe the rights of third parties, such as websites with (exclusively or predominantly) hacking tools or explanations of computer crime that are clearly intended to enable the reader to commit (or have committed) the described criminal acts and not to be able to defend against them;
- are unmistakably slanderous, libellous, offensive, racist, discriminatory or hateful;
- contain child pornography or bestiality pornography or are clearly aimed at helping others find such materials;
- constitute a violation of the privacy of third parties, including in any case but not limited to the distribution without permission or necessity of personal data of third parties or the repeated harassment of third parties with communication that is unwanted by them;
- contain hyperlinks, torrents or references with (locations of) material that unmistakably infringes copyrights, related rights or portrait rights;
- contain unsolicited commercial, charitable or idealistic communication;
- contain malicious content such as viruses or spyware.
5.3. The distribution of pornographic Materials by means of the Services is not permitted.
5.4. The Customer refrains from hindering other customers or internet users or causing damage to systems or networks of the Service Provider or other customers. The Customer is prohibited from starting processes or programs, whether or not via the systems of the Service Provider, of which the Customer knows or can reasonably suspect that this hinders or causes damage to the Service Provider, its customers or internet users.
5.5. If, in the opinion of the Service Provider, nuisance, damage or another danger arises to the functioning of the computer systems or the network of the Service Provider or third parties and/or of the provision of services via the internet, in particular through excessive sending of email or other data, denial-of-service attacks, poorly secured systems or the activities of viruses, Trojans and similar software, the Service Provider is entitled to take all measures that it reasonably deems necessary to avert or prevent this danger. The Service Provider may recover from the Customer the costs reasonably and necessarily associated with these measures, if the Customer can be blamed for the cause.
5.6. When the Service Provider receives a complaint about a breach of this article by the Customer, or itself observes that this appears to be the case, the Service Provider will inform the Customer of the complaint or breach as soon as possible. The Customer will respond as soon as possible, after which the Service Provider will decide how to act. If the Service Provider deems it necessary, the Service Provider may take measures even before it informs the Customer.
5.7. If the Service Provider is of the opinion that a breach has occurred, it will block access to the Material in question, but without permanently deleting this Material (unless this proves technically impossible, in which case the Service Provider will make a backup). The Service Provider will endeavour not to affect any other Materials in doing so. The Service Provider will inform the Customer of the measures taken as soon as possible.
5.8. The Service Provider is at all times entitled to report criminal offences it has observed. Furthermore, the Service Provider is entitled to release the name, address and other identifying data of the Customer to a third party who complains that the Customer is infringing its rights or these General Terms and Conditions, provided that the accuracy of that complaint is reasonably sufficiently plausible and the third party has a clear interest in the release of the data.
5.9. Although the Service Provider strives to act as reasonably, carefully and adequately as possible following complaints about the Customer, the Service Provider is never obliged to compensate for damage as a result of measures as referred to in this article.
5.10. The Customer is permitted to resell the Services, but exclusively in combination with or as part of the Customer's own products or services and without disclosing the name of the Service Provider as supplier or subcontractor. The Customer must indemnify the Service Provider against all claims by its customers. The Service Provider may also take full action in the event of breaches of these general terms and conditions by those customers.
Article 6. Digital Services Act, codes of conduct and measures
6.1. The Service Provider complies with the measures set out in EU Regulation no. 2022/2065 – Digital Services Act ("DSA"). Users are responsible for the content they upload, share or otherwise make available on our services. All content that violates the DSA, other applicable legislation or our General Terms and Conditions may be removed, and users may be subject to suspension or termination of their account at the initiative of the Service Provider.
6.2. We will cooperate with the relevant authorities as required by the relevant regulations and the DSA, including providing information (including personal data) and assistance with investigations. The point of contact can be reached at the following email address: abuse@my.host
6.3. If a person or entity is aware of the presence of specific information and/or content on the Service Provider's services that is considered illegal content by that person or entity, this party can contact the Service Provider via the dedicated contact point at the email address: abuse@my.host and send a report (the "Report") that meets all of the requirements below:
- a sufficiently substantiated explanation of the reasons why the person or entity claims that the information in question is illegal content, and
- a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, if necessary, additional information enabling the illegal content to be identified, tailored to the type of content and the specific type of hosting service, and
- the name and email address of the person or entity submitting the report, except in the case of information deemed to relate to one of the criminal offences referred to in Articles 3 to 7 of Directive 2011/93/EU, and
- a statement confirming the bona fide conviction of the person or entity submitting the notification that the information provided is accurate and complete.
6.4. Once the Service Provider has received a report, we send an acknowledgement of receipt to the person or entity without undue delay. When a Report meets the above requirements, the Service Provider will inform that person or entity of its decision and provide a "statement of reasons". The Service Provider is not obliged to carry out a detailed legal investigation into the facts in the Report, but must carry out an assessment at the level expected of a diligent hosting provider.
6.5. If the person or entity disagrees with the decision, they can contact the Service Provider again at the following email address: abuse@my.host, stating the reasons why they disagree with the decision. The Service Provider examines the request and communicates its final decision to the person or entity. Notwithstanding the above procedure, the person or entity may also report the allegedly illegal content or activity to government authorities to defend their rights.
6.6. To improve transparency and compliance with the DSA, we may publish reports describing our content moderation practices, including the number and nature of content removals and user accounts that have been suspended or terminated.
6.7. The Service Provider may recover from the User the damage resulting from breaches of these codes of conduct. The User indemnifies the Service Provider against (i) claims by third parties relating to any content or material located on the Service Provider's Network or Systems; (ii) any breach of applicable laws or regulations, and (iii) any breach of the codes of conduct as set out in article 5 by the user.
Article 7. Registration of domain names
7.1. The application for, allocation of and any use of a domain name depend on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the Stichting Internet Domeinregistratie Nederland for .nl domain names. The relevant authority decides on the allocation of a domain name. The Service Provider plays only an intermediary role in the application and gives no guarantee that an application will be granted.
7.2. The Customer can learn of the fact of registration solely from the Service Provider's confirmation stating that the requested domain name has been registered. An invoice for registration costs is not a confirmation of registration.
7.3. The Customer indemnifies and holds the Service Provider harmless against all damage related to (the use of) a domain name on behalf of or by the Customer. The Service Provider is not liable for the Customer's loss of its right(s) to a domain name or for the fact that the domain name is in the meantime applied for and/or obtained by a third party, except in the event of intent or deliberate recklessness on the part of the Service Provider.
7.4. The Customer must comply with the rules that registering authorities set for the application, allocation or use of a domain name. The Service Provider will refer to these rules during the registration procedure.
7.5. The Service Provider has the right to make the domain name inaccessible or unusable, or to place (or have placed) it in its own name when the Customer demonstrably fails to fulfil the Agreement, but only for the duration of the Customer's default and only after a reasonable period for performance set in a written notice of default has expired.
7.6. In the event of dissolution of the Agreement due to the Customer's default, the Service Provider is entitled to cancel a domain name of the Customer subject to a notice period of one month.
7.7 With an anonymous domain registration, the Customer remains responsible for the domain name. Any costs incurred will be recovered from the Customer.
7.8 The Service Provider reserves the right to change an anonymous domain name to the Customer's details
Article 8. Storage and data limits
8.1. The Service Provider may set a maximum on the amount of storage space or data traffic per month that the Customer may or can actually use in connection with the Services.
8.2. The limits are safeguarded by the operation of the systems and cannot be exceeded, unless there is a hack or a fault. If such a hack or fault has been caused by the Customer or is attributable to the Customer, the exceeding of the limit(s) may be charged to the Customer afterwards.
8.3. No liability exists for the consequences of being unable to send, receive, store or modify data if an agreed limit for storage space or data traffic has been exceeded.
8.4. When an excessive amount of data traffic is caused by an external cause (such as a denial of service attack), the Service Provider is entitled to reasonably pass on the costs to the Customer.
8.5 Unlimited traffic is subject to a Fair Use Policy
Article 9. Intellectual property rights
9.1. All intellectual property rights to all Materials developed or made available by the Service Provider within the framework of the Agreement rest exclusively with the Service Provider or its licensors.
9.2. The Customer only acquires the rights of use and powers that are expressly granted in these General Terms and Conditions, the Agreement or otherwise in Writing, and for the rest the Customer will not reproduce or make these Materials public. The foregoing is subject to an exception if such a right has unmistakably been omitted from being granted to the Customer in an express manner by mistake. The release of source code of Materials is, however, at all times only obligatory if expressly agreed.
9.3. Unless and insofar as otherwise agreed in Writing, the Customer is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from these Materials, including indications regarding the confidential nature and secrecy of the Materials.
9.4. The Service Provider is permitted to take technical measures to protect its Materials. If the Service Provider has secured these Materials by means of technical protection, the Customer is not permitted to remove or circumvent this protection, except if and insofar as the law imperatively provides otherwise.
Article 10. Prices
10.1. Unless expressly stated otherwise with an amount, all prices stated by the Service Provider are exclusive of turnover tax and other levies imposed by the government.
10.2. If a price is based on data provided by the Customer and this data turns out to be incorrect, the Service Provider has the right to adjust the prices accordingly, even after the Agreement has already been concluded.
10.3. If the Agreement concerns a Subscription, the Service Provider is entitled to change the rates applied at any time.
10.4. The same conditions and procedures apply to price changes as to changes to the Services and to these General Terms and Conditions.
Article 11. Payment terms
11.1. The Service Provider will invoice the Customer for the amounts owed by the Customer. In doing so, the Service Provider may issue electronic invoices. The Service Provider has the right to charge amounts owed periodically in advance of the delivery of the Services.
11.2. The payment term of an invoice is 14 days after the invoice date, unless agreed otherwise in Writing.
11.3. If the Customer has still not paid in full 14 days after the payment term, the Customer is automatically in default without any notice of default being required for this.
11.4. If the Customer is in default, this has the following consequences:
- Statutory interest is owed on the outstanding amount;
- The Customer owes € 7.50 in administrative costs for each reminder letter and demand;
- In addition to the amount owed and the interest accrued thereon, the Customer is obliged to fully reimburse both extrajudicial and judicial collection costs, including the costs of lawyers, legal experts, bailiffs and collection agencies;
- the websites and other Materials hosted for the Customer may be made inaccessible until the outstanding amounts, interest and the like have been paid.
11.5. Unless the Customer is a consumer, the Customer is not permitted to invoke suspension, set-off or deduction.
11.6. In the event that the Customer fails to fulfil any obligation under the Agreement, the Service Provider is entitled, without any notice of default, to take back delivered goods in addition to suspending Services, without prejudice to the Service Provider's right to compensation for damage, lost profit and interest.
Article 12. Liability
12.1. In connection with the conclusion or performance of the Agreement, the Service Provider is not liable except in the cases mentioned below, and up to the limits stated there at most.
12.2. The total liability of the Service Provider for damage suffered by the Customer as a result of an attributable failure by the Service Provider to fulfil its obligations under the Agreement, expressly including any failure to fulfil a warranty obligation agreed with the Customer, or due to a wrongful act by the Service Provider, its employees or third parties engaged by it, is limited per event or series of related events to an amount equal to the total of the fees (excluding VAT) that the Customer has paid under the Agreement up to the moment the damage arose, or, if the Agreement has a duration of more than three (3) months, an amount equal to the fees the Customer has paid in the last three (3) months. In no event, however, will the total compensation for direct damage exceed one thousand (1,000) euros (excluding VAT).
12.3. The Service Provider is expressly not liable for:
a) any damage suffered due to measures that the Service Provider has taken in good faith, but which have nevertheless been shown to have been wrongly imposed;
b) damage from unavailability of the Services, lost data and breaches of technical or organizational security measures, and
c) indirect damage, consequential damage, lost profit, missed savings and damage due to business interruption.
12.4. The liability of the Service Provider for an attributable failure to fulfil the Agreement only arises if the Customer gives the Service Provider proper notice of default in Writing without delay, setting a reasonable period to remedy the failure, and the Service Provider continues to fall short in fulfilling its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, so that the Service Provider is able to respond adequately. The notice of default must be received by the Service Provider within 14 days of the discovery of the damage.
12.5. The exclusions and limitations referred to in this article lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the management of the Service Provider.
12.6. The Customer is liable to the Service Provider for damage caused by a fault or failure attributable to it. The Customer indemnifies the Service Provider against claims relating to the failure to comply with the codes of conduct in these General Terms and Conditions during the use of the Services by or with the permission of the Customer. This indemnification also applies with regard to persons who are not employees of the Customer but who have nevertheless used the Services under the responsibility or with the permission of the Customer.
Article 13. Force majeure
13.1. Neither of the parties can be held to fulfil any obligation if a circumstance beyond the control of the parties, which could not or should not already have been foreseen at the conclusion of the Agreement, negates any reasonable possibility of fulfilment.
13.2. Force majeure is also understood to mean (but not limited to): disruptions of public infrastructure that is normally available to the Service Provider and on which the delivery of the Services depends, but over which the Service Provider cannot exercise any actual power or contractual obligation of performance, such as the operation of the registers of IANA, RIPE or SIDN, and all networks on the internet with which the Service Provider has not concluded a contract; disruptions in infrastructure and/or Services of the Service Provider caused by computer crime, for example (D)DOS attacks or attempts, whether or not successful, to circumvent network security or system security; shortcomings of suppliers of the Service Provider that the Service Provider could not foresee and for which the Service Provider cannot hold its supplier liable, for example because the supplier in question was (also) affected by force majeure; unavailability of staff members (due to illness or otherwise); government measures; strikes; wars; terrorist attacks and civil unrest.
13.3. If a force majeure situation lasts longer than three months, each of the parties has the right to dissolve the Agreement in Writing. What has already been performed under the Agreement will in that case be settled proportionately, without the parties owing each other anything else.
Article 13. Confidentiality
14.1. The parties will treat information that they provide to each other before, during or after the performance of the Agreement confidentially when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended to be confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them to perform the Agreement.
14.2. The Service Provider will not take note of data that the Customer stores and/or distributes via the systems of the Service Provider, unless this is necessary for the proper performance of the Agreement or the Service Provider is obliged to do so pursuant to a statutory provision or court order. In that case, the Service Provider will make every effort to limit taking note of the data as much as possible, insofar as this is within its power.
14.3. The obligation of confidentiality also continues to exist after termination of the Agreement for whatever reason, for as long as the providing party can reasonably claim the confidential nature of the information.
Article 15. Term and termination
15.1. The duration of the Agreement is the period of time needed to deliver the Services. If the Agreement is a Subscription, it is entered into for an indefinite period.
15.2. If a fixed term for the Subscription has been agreed, neither of the parties may unilaterally terminate the Agreement before the term has expired, except where a special ground for termination applies, as further described below. Each of the parties may terminate an Agreement entered into for an indefinite period, subject to a notice period of 30 days.
15.3. In the absence of timely termination, a Subscription is tacitly renewed for the same term after the expiry of the first contract term. It can then be terminated at any time subject to a notice period of one month.
15.4. The Service Provider may suspend or terminate the Agreement in Writing with immediate effect if at least one of the following special grounds applies:
a) The Customer is in default with regard to an essential obligation;
b) The bankruptcy of the Customer has been applied for;
c) The Customer has applied for a suspension of payments;
d) The activities of the Customer are terminated or liquidated.
15.5. If the Service Provider suspends the fulfilment of its obligations, it retains its claims under the law and the Agreement, including the claim to payment for the Services that have been suspended.
15.6. If the Agreement is terminated or dissolved, the Service Provider's claims against the Customer are immediately due and payable. In the event of dissolution of the Agreement, amounts already invoiced for services rendered remain due, without any obligation to reverse them. In the event of dissolution by the Customer, the Customer may only dissolve that part of the Agreement that has not yet been performed by the Service Provider. If the dissolution is attributable to the Customer, the Service Provider is entitled to compensation for the damage that arises directly and indirectly as a result.
Article 16. Procedure after termination
16.1. After termination of the Agreement, whether as a result of cancellation or dissolution, the Service Provider is entitled to immediately delete or make inaccessible all stored data and to cancel all Accounts of the Customer.
16.2. The deletion of data stored for the Customer always takes place without special precautions to make the deletion irreversible. This means that, for example, 'delete' is pressed in a (standard) operating system.
Article 17. Order of precedence and amendment of terms
17.1. The Service Provider reserves the right to amend or supplement the Services and these General Terms and Conditions. Amendments also apply with regard to Agreements already concluded, subject to a period of 30 days after announcement of the amendment.
17.2. Amendments are announced on the Service Provider Website, or another channel through which the Service Provider can prove that the announcement has reached the Customer. Non-substantive amendments of minor importance can be implemented at any time and require no notification.
17.3. If the Customer does not want to accept an amendment, the Customer must communicate this to the Service Provider in Writing, with reasons, within two weeks of the announcement. The Service Provider may then reconsider the amendment. If the Service Provider then does not withdraw the amendment, the Customer may terminate the Agreement as of the date on which the new terms take effect, effective that date.
17.4. Provisions relating to specific Services take precedence, where applicable, over general provisions relating to all services. Further agreements between the Service Provider and the Customer only prevail over these General Terms and Conditions if they are in Writing and if this is expressly stipulated, or was unmistakably the intention of both parties.
Article 18. Other provisions
18.1. Dutch law applies to the Agreement.
18.2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court for the district in which the Service Provider is established.
18.3. If any provision of the Agreement turns out to be null and void, this does not affect the validity of the entire Agreement. In that case, the parties will establish (a) new provision(s) as a replacement, giving shape as much as legally possible to the intention of the original Agreement and General Terms and Conditions.
18.4. Information and communications, including price indications, on the Service Provider Website are subject to programming and typing errors. In the event of any inconsistency between the Website and the Agreement, the Agreement prevails.
18.5. The log files and other administration of the Service Provider, whether electronic or not, constitute full proof of the Service Provider's assertions, and the version of any (electronic) communication received or stored by the Service Provider is deemed authentic, subject to proof to the contrary to be provided by the Customer.
18.6. The parties always inform each other in Writing without delay of any changes in name, postal address, email address, telephone number and, if requested, bank or giro number.
18.7. Each party is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior Written permission of the other party. However, this permission is not required in the event of a company takeover or the acquisition of the majority of the shares of the party concerned.