Common use of NOTICE & TAKEDOWN (COMPLAINTS PROCEDURE Clause in Contracts

NOTICE & TAKEDOWN (COMPLAINTS PROCEDURE. D.6.1 If Dyflexis receives a complaint about a breach of the previous article by the Client, or identifies that this may be the case, Dyflexis will notify the Client as soon as possible about the complaint or breach. The Client will respond as soon as possible, after which Dyflexis will decide on a course of action. D.6.2 If Dyflexis believes that there has been a breach, it will block access to the respective data and/or files, however it will not permanently delete these (unless this is technically impossible, in which case Dyflexis will create a back-up). Dyflexis will make every effort to not affect any other data and/or files when doing this. Dyflexis will notify the Client as soon as possible about the measures taken. D.6.3 If Dyflexis is of the opinion that there has been a violation of the previous article (Code of Conduct) it is entitled - 24 hours after sending a notification - to limit all its services, for example by restricting access to the Service or temporarily suspend the Service, without the Client being entitled to demand compensation for any damage that might arise as a result of this. Dyflexis is also entitled at any time to report crimes that have been established. Dyflexis is only obliged to hand over Client’s data to a third party following a court order. D.6.4 Although Dyflexis strives to act as reasonably, carefully and adequately as possible after complaints about the Client, Dyflexis is never obliged to compensate damage as a result of measures as referred to in this article.

Appears in 1 contract

Sources: General Conditions

NOTICE & TAKEDOWN (COMPLAINTS PROCEDURE. D.6.1 If Dyflexis receives a complaint about a breach of the previous article by the Client, or identifies that this may be the case, Dyflexis will notify the Client as soon as possible about the complaint or breach. The Client will respond as soon as possible, after which Dyflexis will decide on a course of action. D.6.2 If Dyflexis believes that there has been a breach, it will block access to the respective data and/or files, however it will not permanently delete these (unless this is technically impossible, in which case Dyflexis will create a back-up). Dyflexis will make every effort to not affect any other data and/or files when doing this. Dyflexis will notify the Client as soon as possible about the measures taken. D.6.3 If Dyflexis is of the opinion that there has been a violation of the previous article (Code of Conduct) it is entitled - 24 twenty-four (24) hours after sending a notification - to limit all its services, for example by restricting access to the Service or temporarily suspend the Service, without the Client being entitled to demand compensation for any damage that might arise as a result of this. Dyflexis is also entitled at any time to report crimes that have been established. Dyflexis is only obliged to hand over Client’s data to a third party following a court order. D.6.4 Although Dyflexis strives to act as reasonably, carefully and adequately as possible after complaints about the Client, Dyflexis is never obliged to compensate damage as a result of measures as referred to in this article. D.6.5 In case of repeated complaints about the Client or the information stored by the Client, Dyflexis is entitled to terminate the Agreement. ANNEX 1 – SERVICE LEVEL AGREEMENT‌

Appears in 1 contract

Sources: Terms and Conditions