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====== Section 2-7 ======

===== 2. Document structure =====
  
2.1  In  general,  the  Agreement  will  consist  of  the  following 
documents,  whereby  in  the  event  of  any  inconsistency  or 
conflict  between  or  among  provisions  of  the  following 
documents, the contents of the document first listed shall have 
precedence and shall prevail over the documents listed later, in 
descending order: 

a) The Internet Services Master Agreement (if entered into); \\
b) The  Change  Order  Form  (only  in  relation  to  the  relevant 
Order Form) \\
c) The Order Form; \\
d) The Services Specification; \\
e) The Support and Service Level Schedule; \\
f)  The General Terms; and \\
g) The LeaseWeb Policies.

2.2  If  LeaseWeb  has  accepted  the  applicability  of  Customer’s 
general terms and conditions, in writing, and there is a conflict 
or inconsistency between any of the provisions of these General 
Terms and one or more of the provisions of Customer’s general 
terms and conditions, the provisions of these General Terms 
shall prevail. 

2.3  LeaseWeb is entitled to amend the General Terms, the Services 
Specification, the Support and Service Level Schedule and the
LeaseWeb  Policies.  Such  amendment  also  applies  to  existing 
Orders  for  Services,  unless  LeaseWeb  states  otherwise.  The 
amendments  come  into  effect  thirty  (30)  days  after  the 
announcement or on a later date stated in the announcement. 
The announcement may be made through the Customer Portal. 
If Customer does not wish to accept an amendment that relates 
to an existing Order, it can terminate the Agreement in relation 
to that existing Order with effective from the date on which the 
amendment comes into force. The written cancellation must 
have  been  received  by  LeaseWeb  within  fourteen  (14)  days 
after LeaseWeb’s announcement of the amendments. No such 
termination rights shall exist if: (a) the amendment is solely for 
the benefit of the Customer; (b) Customer is offered the option 
to refuse the amendment; (c) the amendments are required by 
law;  or  (d)  the  amendment  does  not  adversely  affect 
Customer’s use of the Services. 

===== 3. Scope of services =====
 
3.1  The scope and nature of the Services offered by LeaseWeb are 
set forth in the Services Specification. The scope and nature of 
the available Service Levels are set forth in the Support and 
Service Level Schedule.  

3.2  The Services, as well as the Service Levels, purchased or leased 
by Customer from LeaseWeb are itemized in the Order Form. 
The  Order  Form  shall  also  specify  any  Equipment  leased  by 
Customer  from  LeaseWeb  and  any  Equipment  purchased  by 
Customer from LeaseWeb. 

===== 4. Quotes and order procedure =====
 
4.1  All  Quotes  shall  be  non‐binding  and  may  be  changed  by 
LeaseWeb  at  any  time  prior  to  the  execution  of  a  binding 
contract, even when a period for acceptance is mentioned in 
the  Quote.  In  case  no  period  for  acceptance  is  mentioned, 
Quotes cease to be effective after thirty (30) days from the date 
of the relevant Quote.  

4.2  LeaseWeb shall not be bound by variations or amendments or 
changes to a Quote that occur in the acceptance by Customer 
of  such  Quote.  Nor  shall  LeaseWeb  be  bound  by  a  partial 
acceptance of a (composite) Quote. 

4.3  In the event that Customer wishes to purchase or lease Services 
or Equipment from LeaseWeb, Customer shall either (i) place a 
Purchase Order with LeaseWeb to that effect; or (ii) request 
LeaseWeb to provide a Quote.  

4.4  Any Purchase Order made by Customer shall be submitted (i) in 
writing, by facsimile or by email; or (ii) by completing the online 
purchase  process  on  LeaseWeb’s  website 
(www.leaseweb.com);  or  –  in  respect  of  certain  Services  or 
products – (iii) by means of or through the Customer Portal.  

4.5  LeaseWeb shall review a Purchase Order within a reasonable 
time after receipt thereof. If LeaseWeb is willing and able to 
provide  the  requested  Service(s)  and/or  Equipment  to 
Customer, LeaseWeb shall confirm such to Customer in writing, 
by email or by facsimile, by sending a signed Order Form to 
Customer.  

4.6  Unless  LeaseWeb  has  made  any  material  alterations  to 
Customer’s Purchase Order, in the acceptance of such Purchase 
Order  and  drawing  up  the  Order  Form,  Customer  shall  be 
bound  by  LeaseWeb’s  acceptance  of  the  Purchase  Order  as 
confirmed and specified in the Order Form.  

4.7  In the event that LeaseWeb has made any material alterations 
to  Customer’s  Purchase  Order,  in  the  acceptance  of  such 
Purchase  Order  and  drawing  up  the  Order  Form,  the  Order 
Form shall be subject to Customer’s approval and acceptance. If 
Customer  approves  of  the  Order  Form,  (an  authorised 
representative  of)  Customer  shall  sign  the  Order  Form  for 
acceptance and provide a copy thereof to LeaseWeb.

===== 5. Change order procedure =====
 
5.1  During the Term of an Order, Customer may submit a change 
request. Customer should submit its change request in writing, 
by facsimile or by email, to LeaseWeb for the attention of the 
Sales Department. 

5.2  Every change request is subject to acceptance and approval by 
LeaseWeb, which may be granted or withheld at LeaseWeb’s 
sole discretion.  

5.3  Any acceptance and approval of a change request shall only be 
valid if confirmed in writing by an authorized representative of 
LeaseWeb.  As  a  general  rule,  any  such  confirmation  will  be 
made by means of a Change Order Form. 

5.4  LeaseWeb shall be entitled to set conditions to its acceptance 
and  approval  of  the  change  request,  e.g.  adjustment  of  the 
Service  Charges,  payment  by  Customer  of  a  charge  for 
administrative activities and/or payment by Customer of any 
other non‐recurring charges in relation to effecting the change. 
Such conditions, adjustment and charges will be specified in the 
Change Order Form. 

===== 6. (Initial) Delivery =====
 
6.1  LeaseWeb shall use commercially reasonable efforts to ensure 
that: 

a) the Services will be ready for Customer’s use on the RFS 
Date; and \\
b) any  Equipment  sold  by  LeaseWeb  to  Customer  will  be 
delivered on the Delivery Date at the LeaseWeb Datacenter, 
as specified in the Order Form.  \\
c) In view of the foregoing, Customer acknowledges that both 
the RFS Date and the Delivery Date are target dates.
 
6.2  With effect from delivery to Customer of the Equipment sold by 
LeaseWeb to Customer, such Equipment shall be for the risk 
and benefit of Customer. However, title of ownership to the 
Equipment  will  only  pass  to  Customer  on  the  receipt  by 
LeaseWeb of payment ‐ in full ‐ of the purchase price for such 
Equipment, as specified in the Order Form. For the avoidance of 
doubt: In the event that Customer leases Dedicated Equipment, 
such lease will be an operational lease and payment of Service 
Charges shall not constitute any transfer of ownership of such 
Dedicated Equipment to Customer. 

6.3  LeaseWeb may – at its sole discretion – unilaterally delay the 
RFS  Date,  by  giving  written  notice  to  Customer,  taking  into 
account a notice period of at least five (5) days, provided that 
Customer  shall  be  entitled  to  a  credit  equal  to  ten  percent 
(10%) of the non‐recurring charges, referred to in Section 9.4b), 
with respect to the affected Service if LeaseWeb unilaterally 
delays the RFS Date by more than thirty (30) days after the 
initial RFS Date. LeaseWeb’s notice of delay shall state a new 
RFS Date. 

6.4  In case Customer has a complaint with respect to: 
 
a) the  Service,  Customer  shall  provide  written  notice  to 
LeaseWeb, including in reasonable detail the grounds for its 
complaint,  within  two  (2)  days  from  the  RFS  date  in  the 
absence whereof Services shall be deemed to be approved 
of by Customer; \\
b) any Equipment sold by LeaseWeb to Customer, Customer 
shall  provide  written  notice  to  LeaseWeb,  including  in 
reasonable detail the grounds for its complaint, within five 
(5) days from the Delivery Date in the absence whereof such 
Equipment shall be deemed to be accepted and approved by 
Customer. 

6.5  In the event that Customer has provided its written complaint 
in accordance with Section 6.4, and such complaint is found to 
be justified, LeaseWeb shall take such action as necessary, and 
as expeditiously as reasonably practicable, to correct or cure 
such  defect  or  failure.  LeaseWeb  will  subsequently  notify 
Customer hereof once the Service or Equipment is functioning 
properly and the complaint periods specified in Section 6.4 shall 
(re)commence on the date of such notice.

===== 7. Use of services and equipment =====
  
7.1  Customer shall at all times use the Services and/or Equipment 
in compliance with all relevant laws and the LeaseWeb Policies. 
Customer shall not permit any third party (including Customer’s 
End Users) to use the Services for any improper or unlawful 
purpose. 

7.2  Customer  acknowledges  that  LeaseWeb  exercises  no  control 
over ‐ and that LeaseWeb accepts no responsibility for ‐ the 
content of information and communications, in whatever form, 
transmitted by Customer over the Network.  

7.3  Customer  acknowledges  that,  by  offering  or  providing  the 
Services,  LeaseWeb  does  not  publish  or  otherwise  provide 
Customer’s  content  to  any  end  users.  Customer  agrees  that 
Customer shall, at all times, be solely responsible for all text, 
graphics,  sound,  video,  data  and  any  aspect  of  Customer’s  
content. 

7.4  Customer’s use of any information obtained via the Network is 
at  Customer’s  own  risk.  LeaseWeb  specifically  denies  any 
responsibility  for  the  accuracy  or  quality  of  information 
obtained through its Services.