If the services do not include limits on the capacity available to the customer (for example, the amount of data traffic, processing capacity, memory, storage or power), our fair use policy applies to the pricing offered. This policy means that each customer may use up to twice the capacity used by other customers who purchase the same or similar services from us under similar circumstances. The actual customer average is determined by us periodically based on capacity usage by similar customers.

If the fair use policy is exceeded, we will notify the customer. If a customer has exceeded the fair use policy multiple times (more than once) we may adjust the pricing used for future months on a pro-rata basis, whereby the adjustment will be made in all reasonableness. If we decide to adjust, we will notify the affected customer in the month prior to the change.

Changing the pricing on these grounds does not in principle give a customer the right to terminate the agreement. However, should the customer object to the change made, she can make this known in writing or by e-mail. We will then enter into discussion with the customer in order to find a solution and possibly reconsider the change. Should we fail to reach a suitable solution even then, the customer acquires the right to terminate the agreement by the time the change comes into effect, unless we decide not to implement the change. If we do not implement the change in pricing, we are entitled (after notifying the customer) to limit or reduce the use of the Services to the permitted capacity.

If a customer has exceeded the customer average three times or more, we may charge the excess (counting from three times the customer average) immediately and also make adjustment for consecutive calendar months.