1.1 Account: the customer Email Address used by the Customer to access the System of Circium.
1.2 Email Address: an address code set up in the Customer’s name for exchanging electronic messages over the Internet.
1.3 Customer: the natural or legal person who has concluded an Agreement with Circium.
1.4 Home Page: an Internet site, or a title page or introduction page on a website on the Internet, that has been set up in the Customer’s name.
1.5 Login Procedure: the procedure prescribed by Circium that allows the Customer to gain access to the System.
1.6 Request for Comments (RFC): a collection of technical and organisational Guidelines and descriptions of common protocols, procedures, software and terms on the Internet as well as their use (ftp://ftp.ripe.net/rfc and http://www.rfc-editor.org).
1.7 Netiquette: the generally accepted code of conduct on the Internet set forth in the Request for Comments (RFC) 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and its future amendments.
1.8 Agreement: the agreement between Circium and a Customer, on the basis of which Circium provides Services.
1.9 Personal details: any information pertaining to an identified or identifiable natural person.
1.10 System: computers and related hardware used by Circium to provide the Customer with access to the Internet.
1.11 Website: one or more integrated web pages preceded by a Home Page.
1.12 Circium Services: the services provided by Circium to its Customers.
2 GENERAL PROVISIONS
2.1 These general terms and conditions shall apply to all legal relations between Circium and the Customer, regardless of the basis of said relations, except where expressly agreed to the contrary in writing by the parties.
2.2 All offers made by Circium are free of obligations unless expressly indicated otherwise in writing in the offer. Application of any general purchasing terms and conditions from the Customer is expressly rejected.
2.3 An Agreement is concluded as soon as Circium receives back an agreement or request/authorisation form, which was sent to a prospective customer, signed and completed in full, or if Circium has made services available in another manner under contract from the prospective customer. After acceptance of the offer by the customer, Circium is entitled to retract the offer immediately or later. In the event of a retraction, an agreement will not be concluded and Circium shall be obligated to repay all sums that it has received to the Customer. Circium can reject a prospective customer for its own reasons.
2.4 Circium is entitled to amend these general terms and conditions at any time. Amendments shall also apply to Agreements concluded in the past. Amendments shall take effect one (1) month after their announcement in the manner referred to in clause 3.2. If the Customer is not in agreement with the amendments, then, contrary to clause 12.1, the Customer shall be entitled, up to the time that the amendments take effect, to cancel the Agreement as of the date on which the amended terms and conditions take effect.
3.1 The Customer shall owe a fee according to the service(s) provided by Circium. All prices are exclusive of sales tax (VAT), administrative fees and any additional levies and/or charges unless indicated otherwise in the Agreement or in another manner.
3.2 Circium is entitled to amend the fees and other charges at any time without notice.
3.3 The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Circium Products.
4.1 The fees payable to Circium must be paid in advance unless agreed otherwise in writing. The Customer is required to pay the amount due within fourteen (14) days of the invoice date.
4.2 Customers who fail to remit payment within the term indicated in clause 4.1 shall be legally in default in which case the order and invoice will be cancelled.
5 OBLIGATIONS OF Circium
5.1 Circium shall act as a good service provider by:
5.2 Circium is not liable for the functioning of the third-party telecommunications infrastructure and associated peripheral equipment or for failure to meet obligations on the part of any third parties providing services to Circium in the execution of the Agreement.
5.3 Circium provides name holders (registrants) of all offered Top Level Domains (TLD’s) the opportunity, prior to accepting and completing registration of a .TLD name, to review online the Customer Agreement for Domain Names and This Domain Registration Agreement for registering a domain name, as set forth under: https://www.circium.net/wp-content/uploads/2018/08/Customer-Agreement-for-Domain-Names-Circium.pdf and https://www.circium.net/wp-content/uploads/2018/08/This-Domain-Registration-Agreement-Circium.pdf.
6 OBLIGATIONS OF THE CUSTOMER
6.1 The Customer shall act in accordance with that which may be expected of a responsible and careful Internet user.
6.2 The Customer shall notify Circium as quickly as possible of any relevant changes to the Customer’s details.
6.3 The Customer is responsible for any and all use (including by third parties) of the Circium Services via the Customer’s Account.
6.4 The Customer is required to log out every time the Customer wants to end the Circium Services. Any damages or costs incurred as a result of logging out improperly shall be covered by the Customer.
6.5 The Customer shall refrain from interfering with other Customers or Internet users and from causing damage to the System. It is prohibited for the Customer to use any processes or programs – whether via the System or otherwise – which the Customer knows or should reasonably suspect will interfere with or cause damage to Circium or other customers or Internet users. Customer is only permitted to use processes or programs if there is a direct connection to the System that is authorised by Circium.
6.6 It is not permitted for the Customer to use the System or the storage space for any actions and/or conduct that is in conflict with the applicable legal requirements, Netiquette, specifications in the applicable Request for Comments (RFC), the Google AdSense Program Policies, the Agreement or these general terms and conditions. This includes but is not limited to the following actions and conduct:
6.7 It is not permitted for the Customer to transfer his or her Account or other rights under the Agreement or to make them available to third parties without the express written consent of Circium. Without prejudice to the other provisions under section 6, the Customer is permitted to have a website designed, put on the System and maintained by a third party.
6.8 The Customer is restricted to the amount of data storage indicated in the Agreement. The Customer is responsible for ensuring that this limit is not exceeded. If the limit is exceeded, then Circium shall be entitled to delete information in order to ensure proper functioning of the Circium Services.
6.9 The Customer shall provide the necessary hardware, software, peripheral equipment and connection to enable access to the System.
6.10 Circium is entitled, without being required to pay the Customer any compensation for damages and without further notification, to immediately disable, suspend or impose additional conditions on the connection to the System provided to the Customer whenever and for as long as the Customer acts (or is suspected to have acted) in violation of the provisions of clauses 6.1 to 6.8.
6.11 The Customer indemnifies Circium for any and all third-party claims, including claims pertaining to damages as well as other claims, arising in any way, shape or form from the Customer’s use of the Account, the System or the Internet, or due to non-compliance on the part of the Customer with the Customer’s obligations resulting from the Agreement or these general terms and conditions.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 Circium or its licensers hold all intellectual or industrial property rights (including database rights) to all materials developed by virtue of the Agreement, such as documentation and offers, as well as their preparatory materials. The Customer only receives the rights of use and authorisations granted in these terms and conditions or otherwise expressly granted. Furthermore, the Customer shall refrain from reproducing or making copies of any material.
7.2 Circium shall indemnify the Customer for any and all legal actions based on a claim that materials developed by Circium itself infringe on an intellectual or industrial property right that is valid in the Latvia (European Union), under the condition that the Customer must notify Circium immediately and in writing of the existence and content of the legal claim and must leave the handling of the case, including any arrangements to be settled, entirely to Circium.
7.3 For the purposes of the above, the Customer shall provide Circium with the necessary powers of attorney, information and cooperation to defend itself, if necessary in the Customer’s name, against these legal claims.
7.4 This indemnification requirement shall be rendered void if and to the extent that the infringement in question is related to changes to the materials made by the Customer or third parties on the Customer’s behalf.
7.5 If it has been established in court as an incontrovertible fact that the materials developed by Circium itself infringe on any intellectual or industrial property rights belonging to a third party or if there is a reasonable chance that such an infringement exists in the opinion of Circium, then Circium shall (at its own discretion): Ensure that the Customer is able to continue using the materials provided, or other functionally equivalent materials, in an unimpeded manner.
7.7 Circium shall not accept any other additional liability or indemnification requirement due to violation of third-party intellectual or industrial property rights, including liability and indemnification requirements of Circium for infringements caused by use of the materials in a form that was modified by someone other than Circium, in connection with hardware or software not supplied or provided by Circium or in a manner other than that for which the materials provided by Circium were developed and intended.
8.1 Circium accepts legal obligations to provide compensation for damages to the extent that this follows from section 8.
8.2 Circium is not liable for damages incurred by the Customer due to shortcomings on the part of Circium in the execution of the Agreement. In particular, Circium is not liable for damages related to or resulting from: interruptions in or blockage of access to the System or the Internet, security failures with respect to the Customer’s data in storage, actions of other customers or Internet users, changes to dial-in numbers, login procedures, Accounts or Email Addresses. However, the total compensation for direct damages shall not exceed €10.00 in any case. The meaning of ‘direct damage’ shall be restricted to:
8.3 The total liability of Circium for damages due to death or bodily harm or for damage to equipment shall not under any circumstances exceed €150.00 per event, where a series of related events shall be considered a single event.
8.4 However, the maximum sums given in clauses 8.2 and 8.3 shall be rendered void if and to the extent that the damage is the result of deliberate intent or serious misconduct on the part of Circium.
8.5 Circium shall not accept any liability for indirect damage, including consequential loss, lost profit, lost savings and damage due to business stagnation. 8.6 The Customer shall only be entitled to compensation for damages under the condition that the Customer reports the damage in writing to Circium as soon as possible after its occurrence.
8.7 Any Customers who act in violation of their obligations under the Agreement or these general terms and conditions shall be liable for all resulting damages incurred by Circium.
9 Circium SERVICES
9.1 For access to the System, Circium grants the Customer the non-exclusive and non-transferable right to use the System for the duration of the Agreement.
9.2 In exchange for payment under contract from the Customer, Circium shall provide registration of domains with the Company (as defined in the This Domain Registration Agreement (https://www.circium.net/wp-content/uploads/2018/08/This-Domain-Registration-Agreement-Circium.pdf)), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here (https://www.internic.net/whois.html). The selection of the domain name is at the Customer’s discretion and risk. Circium does not accept any liability with regard to selection and use of the domain name.
9.3 Circium offers the Customer the option to open a Homepage. Circium shall make a limited amount of storage space available for this.
9.4 Circium is entitled to cancel or restrict the Customer’s access to the System if the Customer exceeds the amount of data traffic agreed to in the Agreement within a calendar month. The Customer is obligated to pay Circium a reasonable fee for the amount of data traffic in excess of the limit. Circium shall not enact the cancellation or restriction until (5) days after the Customer is notified of such by Circium. Circium is not liable for compensation for any damages resulting from a cancellation or restriction. The administration of Circium shall provide proof of the violation of the data traffic limit, which shall be binding on the parties except for proof to the contrary from the Customer.
9.5 Circium provides following Web Services (“SERVICES”)
a. Domain Forwarding,
b. Mail Forwarding,
c. Managed DNS,
d. SSL Certificates,
e. Hosting (“Hosting Service” ‚ including Cloud, WordPress, and Website Builder Hosting)
f. Linux KVM VPS
g. Dedicated Servers
the Customer wishes to order, purchase and activate through Circium the SERVICES
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Circium and the Customer, intending to be legally bound, hereby agree as follows:
i. Customer Election. Customer hereby elects to provide, activate and/or sell the SERVICES through Circium.
ii. Circium’s Acceptance. Circium hereby accepts Customer’s election to order, activate and/or purchase the SERVICES through Circium.
9.6. TERMS FOR HOSTING SERVICES
9.6.1. Rights of Circium While certain attributes of the Hosting Service may consist of unlimited resources, Customer recognises that the Hosting Service is a shared hosting service, and that the Circium has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Service at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or in case Circium learns of a possibility of breach or violation of this Agreement which Circium in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Circium Products and the Hosting Platform, or to avoid any liability, civil or criminal, on the part of Circium and/or Service Providers, or for any other appropriate reason. The Customer agrees that Circium and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Circium and Service Providers, are not liable for loss or damages that may result from any of the above.
9.6.2. Terms of Usage Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Hosting Platform Users, either directly or indirectly, shall not use or permit use of the Hosting Services, in violation of this Agreement, and for any of the activities described below –
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Circium in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Circium’s sole discretion result in damage or degradation to the performance, usage, or experience of the System, other users, other orders, and any of Circium’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Shared / Cloud Hosting Orders into smaller packages to resell. Shared / Cloud Hosting Services may be used by only one company/Customer to host multiple domain names/websites.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Circium’s sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Service which comprises of the Do-It-Yourself Website Builder website builder.
(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
(14) Use more than 5GB per database.
9.6.3. Package specific Terms of Usage
(1) Unlimited disk space has a fair use of 200 GB.
(2) Mailbox sizes are adjustable in the range 100-2048 MB and are allocated to the total disk space.
(4) Email accounts have pop3, smtp, and imap support.
(2) Cronjobs are allowed within the all hosting packages.
(4) Unlimited FTP accounts have a fair use of 100 accounts.
B. WORDPRESS HOSTING:
Wordpress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed WordPress Hosting accounts:
(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.
(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. Circium will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.
(3) Domain names hosted on WordPress Hosting servers must use Circium name servers for DNS resolution.
(4) We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.
10.1 Circium shall make every effort to handle complaints regarding Circium services in an optimal manner and to successfully improve Circium services. Circium is under no obligation to provide personal responses to complaints.
10.2 Submission of a complaint leaves the Customer’s other obligations intact.
11 SYSTEM ADMINISTRATION
11.1 Circium is entitled, without prior notice, to render the System (temporarily) unavailable for use or to restrict its use to the extent necessary for the purposes of reasonably necessary maintenance or necessary changes or improvements to be implemented in the System by Circium, without the Customer having any entitlement to claim compensation for damages from Circium.
11.2 Circium is entitled to make changes at any time to the dial-in numbers, the Login Procedure, the Account and the Email Addresses, without the Customer having any entitlement to claim compensation for damages from Circium. In such cases, Circium shall notify the Customer of the changes as soon as possible.
12 DURATION AND END OF THE AGREEMENT
12.1 The Agreement is always entered into for the term specified in the Agreement. The Agreement shall be automatically extended by the same term unless one of the parties notifies the other party that it will not be extending the Agreement by no later than one (1) month before conclusion of the current term. Cancellation is possible either in writing or by fax, with the understanding that the period of notice will not begin until the day on which Circium receives the cancellation.
12.2 Without prejudice to the provisions of clauses 12.3 and 12.4, a party shall only be entitled to dissolve the Agreement if the other party falls short in a culpable manner in the fulfilment of essential obligations resulting from the Agreement after a written notice of default that is thorough and as detailed as possible and which sets a deadline for correction of the shortcoming.
12.3 If the Customer fails to meet one or more of the obligations arising from the Agreement or these general terms and conditions, or fails to meet such obligations properly or in a timely manner, or if serious doubts arise regarding the Customer’s ability to meet the Customer’s obligations to Circium, then Circium shall be entitled, without notice of default or any legal intervention, either to suspend the agreed Circium service(s), or to rescind the Agreement in whole or in part, without Circium incurring any liability for compensation for damages and without prejudice to any other rights falling to Circium.
12.4 Circium shall be authorised, without further notice of default or legal intervention, to rescind the Agreement effective immediately and suspend the Circium Services in the event that:
12.5 After termination or rescission of the Agreement, the connection to the system provided to the Customer shall be immediately disabled by Circium. The Customer shall immediately cease using the System and Circium Services.
13 SECURITY AND PRIVACY
13.1 By entering into an Agreement, the Customer grants Circium permission to process the Customer’s Personal Details for the purposes of executing the Agreement and Circium’s administrative and managerial activities. These Personal Details shall only be accessible to Circium and shall not be made available to third parties unless Circium is obligated to do so by force of law or a court order.
13.2 Circium shall refrain from accessing the Customer’s (personal) emails and/or files and from providing them to third parties unless Circium is obligated to do so by force of law or a court order, or in the event that the Customer acts (or is suspected to have acted) in violation of any of the clauses from 6.1 to 6.8 of these general terms and conditions.
13.3 If Circium processes any of the Customer’s Personal Details by means of Circium Services, then Circium shall do so as a Personal Detail processor in the sense of the Dutch Data Protection Act (Wet bescherming persoonsgegevens (WBP)). The Customer shall meet all obligations falling to the Customer as the responsible party in the sense of the WBP for this data processing and shall indemnify Circium for any legal actions based on failure to meet these obligations.
13.4 If the Customer uses Circium Services to transfer Personal Details to countries outside of the European Union, then the Customer shall indemnify Circium for all third-party legal actions based on the assertion that these Personal Details were handled in violation of the provisions of the WBP.
13.5 Circium shall take appropriate technical and organisational measures to protect the Personal Details from loss and all manner of improper processing. These measures guarantee a suitable level of security, taking into account the state of the art and the costs of implementation, in light of the risks involved in processing and the nature of the data to be protected.
14.1 DEDICATED SERVERS
There are no refunds on dedicated servers. The forty-five (45) day money- back guarantee does not apply to dedicated servers.
14.2 MANAGED WEB, VPS SERVICES
The Circium offers a thirty (30) day money- back guarantee for shared, VPS hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services.
15 CANCELLATIONS AND REFUNDS
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
15.2 NON-REFUNDABLE PRODUCTS AND SERVICES
Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Circium.
15.3 CANCELLATION PROCESS
You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.
We may terminate your access to the Services, in whole or in part, without notice in the event that:
(i) you fail to pay any fees due;
(ii) you violate this Agreement;
(iii) your conduct may harm the Circium or others or cause the Circium or others to incur liability, as determined by us in our sole discretion;
or (iv) as otherwise specified in this Agreement.
In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, the Circium may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
17 FORCE MAJEURE
17.1 Force majeure shall include all external causes that were not reasonably foreseeable and which result in Circium being unable to meet its obligations to the Customer. This includes but is not limited to disruptions in the connection to the Internet, disruptions in the telecommunications infrastructure and disruptions in networks as well as non-culpable shortcomings on the part of parties who provide services to Circium in the execution of the Agreement.
17.2 Circium shall be entitled to invoke force majeure if the circumstance that impedes (additional) fulfilment arises after Circium should have met its obligation.
17.3 During force majeure, the performance and other obligations of Circium shall be suspended. If the period during which Circium is unable to meet its obligations due to force majeure lasts longer than two (2) weeks, then either party shall be authorised to rescind the Agreement without legal intervention without the other party having any right to claim compensation for damages.
18 FINAL PROVISIONS
18.1 Any Agreements concluded and these general terms and conditions shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Circium is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Circium is incorporated. Circium reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the Customer is situated as per the laws of that Country/State/District.
18.2 If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
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