Article 1. Definitions
- WebhostNow: trade name of Pepperfield BV established in Aalsmeer and registered with the Chamber of Commerce under file number 72073055.
- Client: the natural or legal person who has concluded an Agreement with WebhostNow or to whom WebhostNow has made an offer for this.
- General Terms and Conditions: the present document.
- Service: the specific service that WebhostNow agrees with the Client, as stated in the Agreement or quotation.
- Agreement: the agreement between WebhostNow and the Client under which WebhostNow will perform the Service.
- Website: webhostnow.nl
- Domain name supplier: an Issuing authority or Registrar, which as a supplier for WebhostNow supplies domain names under one or more specific domain name extensions for the benefit of the Client.
- Issuing authority: organization that is listed at IANA as a Sponsoring Organization with one or more specific extensions and as such is authorized to register domain names with these extensions. For all domain names with the extension (s) assigned to the Issuer, the Issuer manages the central database and zone, with the help of which domain names can be used.
- Registrar: an organization that has received permission from an Issuing Authority to register or change domain names directly in the central database.
- Extension: the suffix (suffix) of a domain name after the first point, such as “.nl” in webhostnow.nl.
- Domain name holder: the holder of a domain name according to the Issuing Authority.
Article 2. Quotation, offer and acceptance
- WebhostNow will prepare an offer in which it states what is included in the Service and what amount will be owed upon acceptance. Only the description of the Service stated in the quotation is binding. It is also possible for the Client to use the electronic ordering process on the Website in order to purchase the Service. The amount that will be owed is also stated on the Website and the description of the Service stated on the Website is also binding.
- A quotation is without obligation and valid for 30 days after dispatch by WebhostNow, unless stated otherwise in the quotation.
- If it appears that the information provided by the Client is incorrect, WebhostNow has the right to adjust the prices accordingly.
- These General Terms and Conditions apply to the Agreement at all times, unless expressly agreed otherwise in writing. In addition to the General Terms and Conditions, additional terms and conditions may apply to specific products and / or services. WebhostNow makes these conditions available before or during the conclusion of the Agreement, in principle by means of a direct hyperlink.
- Provisions or conditions set by the Client that deviate from or do not appear in these General Terms and Conditions are only binding for WebhostNow if and insofar as WebhostNow has explicitly accepted them in writing.
- The Agreement is concluded after the Client has accepted the offer made online or quotation in writing.
- After acceptance, the Agreement may only be amended with mutual consent.
- The Agreement runs from the moment that notification regarding acceptance by the Client is received by WebhostNow.
Article 3. Performance of the Service
- After the conclusion of the Agreement, WebhostNow will perform the Service as soon as possible in accordance with the quotation, electronic order or the order by letter or e-mail.
- Unless otherwise agreed in writing, WebhostNow guarantees that the Service will be performed to the best of its ability with due care and expertise.
- If and insofar as proper performance of the Service requires, WebhostNow has the right to have certain work done by third parties. Any related additional costs are at the expense of the Client, unless agreed otherwise.
- The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct performance of the Service. In particular, the Client ensures that all data that WebhostNow indicates to be necessary or that the Client should reasonably understand to be necessary for the performance of the Service is provided to WebhostNow in a timely manner.
- WebhostNow is not permitted to independently make changes to the material supplied by the Client without the Client’s prior consent, with the exception of changes that WebhostNow deems necessary for the proper performance of the Service and which contain the essential content of the material. do not change.
- If this is part of the Service, WebhostNow will provide the Client with an administrative username and password. With this data, the Client has access to an administrative account and a management tool with which the Client can, at its own discretion, manage delivery of the Service and manage accounts for individual users and set the possibilities and limitations for these individual users of the Service, all within the limits specified in the Agreement.
- Every action that takes place through the administrative account or an account of an individual user is deemed to take place under the responsibility and risk of the Client. WebhostNow can therefore not be held liable for this. In the event of a suspicion of misuse of an account, the Client must report this to WebhostNow as soon as possible so that it can take measures.
- Delivery periods stated by WebhostNow always have an indicative purpose, unless it is explicitly stated in writing that it is a deadline. Even with an agreed deadline, WebhostNow is only in default after the Client has given him written notice of default.
- Exceeding agreed delivery times due to whatever cause does not give rise to compensation, unless otherwise agreed in writing.
- WebhostNow has the right to put products and services out of service (temporarily) out of use and / or to limit their use or not to deliver them or only to a limited extent if the Client does not fulfill an obligation towards WebhostNow with regard to the Agreement. acts contrary to these conditions.
Article 4. Prices
- All prices are exclusive of turnover tax (VAT) and other levies imposed by the government, unless stated otherwise.
- All prices on the website, quotes, folders and other documentation from WebhostNow are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
- If the Agreement is a continuing performance agreement, WebhostNow is entitled to increase the rates applied at any time. To this end, WebhostNow will notify the Client, via website or e-mail, of tariff changes at least 2 (two) months in advance. In the event of a price increase, the Client has the right to terminate the Agreement, subject to a notice period of 1 (one) month.
- WebhostNow has the right to increase all prices that have been agreed with the Client by 4% each year as of January 1, without the possibility of canceling the Client, being the company.
- All costs arising for WebhostNow from the Agreement will be borne by the Client, unless agreed otherwise.
Article 5. Hosting and related services
- If the Service (also) serves services related to storage and / or transfer of material supplied by the Client to third parties, such as in the case of web hosting or e-mail services, the provisions of this article also apply.
- Client will not publish or offer information via (the servers of) WebhostNow that is contrary to Dutch law. This includes in particular but not exclusively information that is offered without the permission of the copyright holder (s), information that is malicious, threatening, abusive, racist, hate or discriminatory, information that contains child pornography and information that violates the privacy of third parties or form of stalking, as well as hyperlinks, torrents or other references to such information on third-party websites anywhere in the world (even if the information in the relevant jurisdiction would be legal).
- WebhostNow uses a complaints procedure with which third parties (hereinafter: reporters) can submit a complaint that in their opinion there is such a battle. If, in the opinion of WebhostNow, a complaint is justified, WebhostNow is entitled to remove the material or make it inaccessible. In that case WebhostNow is also entitled to provide the Client’s personal data to a reporter or to the competent authorities. WebhostNow will inform the Client about the progress of this procedure.
- If there is potential criminal information, WebhostNow is entitled to report this. WebhostNow can hereby provide all relevant information about the Client and the information to the competent authorities and perform all other actions that these authorities request WebhostNow to perform in the context of the investigation.
- In the event of repeated (justified) complaints about the information offered by the Client, WebhostNow is entitled to terminate and / or terminate the Agreement.
- Client indemnifies WebhostNow for all damage resulting from the above. WebhostNow is not liable for any damage suffered by the Client as a result of intervention by WebhostNow in the context of the complaint procedure, even if the complaint appears to be unjustified and the information is not contrary to Dutch law. 7. Client refrains from hindering other clients or internet users or causing damage to the servers. The Client is forbidden to start processes or programs, whether or not via the server, which the Client knows or can reasonably suspect that this hinders or damages WebhostNow, other Clients or internet users. WebhostNow will inform the Client of any measures.
- Client will adhere to the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future adjustments thereof.
- Without the permission of WebhostNow, the Client is prohibited from transferring the username or usernames and password or passwords provided by WebhostNow to third parties.
- WebhostNow can set a maximum for the amount of storage space or data traffic per month that the Client may use in the context of the Service. If this maximum is exceeded, WebhostNow is authorized to charge an extra amount, in accordance with the amounts for extra data traffic that are stated on the Website. No liability exists for the consequences of not being able to send, receive, save or change data if an agreed limit for storage space or data traffic has been reached.
- The Client hereby grants WebhostNow an unlimited license to distribute, store, pass on or copy all materials distributed by the Client via the systems of WebhostNow in any way deemed suitable by WebhostNow, but only to the extent that this is reasonably necessary for the purpose of compliance with the Agreement by WebhostNow.
- In addition to the legal obligations, damage caused by incompetence or failure to act in accordance with the above points is for the account of the Client.
Article 6. Domain names and IP addresses
- If the Service (also) serves to ensure that WebhostNow will mediate for the Client in obtaining a domain name and / or IP address, the provisions of this article also apply. 2. The application, allocation and possible use of a domain name and / or IP address depend on and are subject to the applicable rules and procedures of the relevant Domain Name Suppliers, including Stichting Internet Domeinregistratie Nederland (SIDN) and RIPE. The relevant authority decides on the allocation of a domain name and / or IP address. WebhostNow only plays a mediating role in the application and gives no guarantee that an application will also be honored.
- The client can only ascertain from the confirmation by e-mail from WebhostNow, which states that the requested domain name has been registered, the fact of registration. An invoice for registration costs is not confirmation of registration.
- Client indemnifies and holds WebhostNow harmless for all damage that is related to (the use of) a domain name on behalf of or by Client.
- WebhostNow is not liable for the Client’s loss of its right (s) on a domain name or for the fact that the domain name is requested and / or acquired by a third party in the interim, except in the case of intent or gross negligence on the part of WebhostNow.
- If WebhostNow registers a domain name in its name for the benefit of the Client, WebhostNow will cooperate with requests from the Client for relocation, transfer or cancellation of this domain name.
- Domain name holder and Client are deemed to be the same (legal) person. If the Client and the domain name holder are different (legal) persons, then the provisions of this paragraph also apply, unless the domain name holder is WebhostNow or a local contact person of WebhostNow for the benefit of the Client:
- The Client undertakes to inform the domain name holder about and to conform to Article 6, paragraph 8, which applies to the Client;
- Client remains responsible for compliance with all other provisions of the Agreement.
- Client must comply with all registration conditions, provisions, and (dispute) regulations that Domain Name Suppliers set for the application, allocation or use of a domain name and / or the IP address. Client is referred to domain name conditions that belong to the relevant extension on an overview page. The domain name conditions form part of the Agreement.
- WebhostNow has the right to make the domain name and / or the IP address inaccessible or unusable, or to place it in its own name (or have it placed) if the Client demonstrably fails to perform the Agreement, but only for the duration that the Client is in default and only after a reasonable period for fulfillment has been stated in a written notice of default.
- In the event of termination of the Agreement due to breach of contract by the Client, WebhostNow is entitled to cancel the domain name and / or IP address.
- Client is aware of the privacy statement of WebhostNow and agrees to the processing of personal data for domain names as described in the privacy statement.
- If data from the WHOIS is blocked or hidden at the request of the Client, this does not mean that WebhostNow will no longer be able to provide (name and address) data to the competent authorities. If WebhostNow has a legal obligation to provide data to competent authorities, WebhostNow will comply with this obligation at all times.
Article 7. Availability of the Service
- WebhostNow will endeavor to achieve uninterrupted availability of its systems and networks, and to achieve access to data stored by WebhostNow, but offers no guarantees in this regard unless otherwise agreed in the quotation or the electronic order procedure by means of a designation designated as such. Service Level Agreement (SLA). Unless otherwise provided in such an SLA, the provisions in this article apply to availability.
- WebhostNow does not make backup copies (back-ups) available to the Client, unless the Client has purchased an additional SLA for this. It is therefore the responsibility of the Client to make backup copies of the data stored at WebhostNow.
- WebhostNow will endeavor to keep the software it uses up-to-date. WebhostNow is however dependent on its supplier (s). WebhostNow is entitled not to install certain updates or patches if, in its opinion, this does not benefit a correct delivery of the Service.
- WebhostNow will endeavor to ensure that the Client can use the networks that are directly or indirectly connected to the WebhostNow network. However, WebhostNow cannot guarantee that these networks will be available at any time.
- If, in the opinion of WebhostNow, a danger arises for the functioning of the computer systems or network of WebhostNow or third parties and / or the service provided via a network, in particular due to excessive sending of e-mail or other data, poorly secured systems or activities of viruses, Trojans and similar software, WebhostNow is entitled to take all measures that it deems reasonably necessary to avert or prevent this danger.
Article 8. Liability
- The liability of WebhostNow for direct damage suffered by the Client as a result of gross negligence or willful recklessness by WebhostNow of its obligations under this Agreement, or due to unlawful acts of WebhostNow, its employees or third parties engaged by it, is per event then a series of related events limited to an amount equal to the fees that the Client owes per year under this Agreement (excluding VAT). In no case, however, will the total compensation for direct damage amount to more than 1,000 euros (excluding VAT).
- Liability of WebhostNow for indirect damage, including consequential damage, lost profit, lost savings, loss of (business) data and damage due to business interruption is excluded.
- Apart from the cases referred to in Article 8, paragraph 1, WebhostNow has no liability whatsoever for compensation, irrespective of the ground on which a compensation action would be based. The maximum amounts referred to in Article 8, paragraph 1, however, will lapse if and insofar as the damage is the result of intent or gross negligence on the part of WebhostNow’s management staff.
- The possible liability of WebhostNow on basis of Article 8 paragraph 1 of the Agreement only arises if the Client immediately and properly declares WebhostNow to be in default in writing, thereby stipulating a reasonable period of time to clear the shortcoming, and WebhostNow continues to fall short of the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that WebhostNow is able to respond adequately.
- WebhostNow is never liable for damage caused by force majeure.
- The condition for any right to compensation is always that the Client reports the damage in writing to WebhostNow within 30 days after the occurrence thereof.
- The Client indemnifies WebhostNow against all third-party claims for liability as a result of a defect in the Service that was delivered by the Client to a third party and that also consisted of goods, materials or results delivered by WebhostNow.
Article 9. Disruptions and force majeure
- WebhostNow has the right to temporarily put its systems, including the Website, or parts thereof out of use for maintenance, modification or improvement thereof. WebhostNow will try to have such a decommissioning take place as far as possible outside office hours and will endeavor to inform the Client in good time about the planned decommissioning. WebhostNow is never liable for compensation for damage in connection with such decommissioning.
- WebhostNow has the right to adjust its systems, including the Website, or parts thereof from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, WebhostNow will endeavor to inform the Client thereof.
- In the case of adjustments that are relevant for several clients, it is not possible to waive a specific adjustment only for the Client. WebhostNow is not obliged to pay any compensation for damage caused by such an adjustment.
- WebhostNow will endeavor to inform the Client about the nature and expected duration of the interruption in the event of the Service not being available, due to malfunctions, maintenance or other causes.
- In the event of force majeure, which in any case means disruptions or failures of the internet, the telecommunication infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, internal disturbances, mobilization, war, blockage in transport, strike , exclusion, business disruptions, stagnation in supply, fire, flood, import and export restrictions and in the event that WebhostNow is not able to deliver by its own suppliers, irrespective of the reason for this, as a result of which compliance with the Agreement cannot reasonably be expected of WebhostNow are required, the performance of the Agreement will be suspended or the Agreement will be terminated if the force majeure situation has lasted longer than ninety days, all without any obligation to pay compensation.
- To ensure that WebhostNow messages are delivered to its customers in good order, WebhostNow provides the messages with tracking cookies.
Article 10. Duration and cancellation
- If the Service extends to the periodic provision of services during a certain period, the Agreement is deemed to have been entered into for the minimum period specified per service. If this minimum period has expired without a party having indicated the wish to cancel at least one (1) month before the end date of the contract, the contract will be automatically extended by the period specified for each service. If the Client is a natural person who does not act in the exercise of a profession or business and the Client has not indicated the wish for cancellation before the expiry of the minimum period, the agreement will be automatically converted to an indefinite period, whereby a cancellation period of one month applies.
- If the Client is a natural person who does not act in the exercise of a profession or business, the Client may terminate on any day after tacit renewal. The cancellation will take effect one month after receipt of the cancellation. The term “one month” is understood to mean no later than the day with the same number in the following month.
- In the event of cancellation, termination or dissolution for any reason, WebhostNow is entitled to immediately delete all stored data or make it inaccessible and to cancel all Client’s accounts. WebhostNow is not obliged in that case to provide the Client with a copy of this data.
- The Client may notify a cancellation via the same channel through which the Agreement was entered into. Client may also cancel in writing via My WebhostNow and in writing. Since some channels are susceptible to misuse and identity theft, WebhostNow can take measures in the interest of the Client to limit the risk of such misuse. For security reasons, WebhostNow asks you to log in to My WebhostNow at any time and to cancel the service from there.
- If the Client is a natural person who does not act in the exercise of a profession or business, the Client has the right, without giving reasons, to dissolve the Agreement within fourteen days after the conclusion, unless WebhostNow already has the consent of the Client within this context. implementation of the Agreement has already started. Services that are excluded from the fourteen-day cooling-off period are stated including the reason on: https://www.webhostnow.nl/legal/rightofwithdrawal
- If the Client fails to comply with any of its obligations under the Agreement, WebhostNow has the right to terminate all Agreements concluded with the Client concerned without a notice of default or judicial intervention being required and without prejudice to WebhostNow’s right to compensation for damage, loss of profit. and interest.
Article 11. Payment conditions
- The payment obligation of the Client starts at the moment that the agreement is concluded. The payment relates to the period that starts on the day of the actual provision of WebhostNow products and services.
- WebhostNow will send an invoice to the Client for the amount owed by the Client. The payment term of this invoice is 14 days after the date of the invoice, unless stated otherwise on the invoice or otherwise agreed in the Agreement.
- Client agrees with electronic invoicing by WebhostNow.
- Contrary to the previous paragraph, WebhostNow is not obliged to send an invoice if the Agreement is a continuing performance contract. Client will pay WebhostNow the amount due for that period on a monthly or other agreed term in advance.
- The costs due are, depending on the period for which the agreement is entered into, charged in advance, and must be paid in advance, if not WebhostNow reserves the right to (temporarily) stop the services.
- If the Client has not paid on time, the Client will be notified of this and a further payment period will be determined. If payment has not been made within that period, the Client will be in default without further notice of default. The Client will then owe the statutory interest as referred to in Articles 6: 119a and 6: 120 Dutch Civil Code (statutory commercial interest). If the Client is a natural person not acting in the exercise of a profession, he will then owe the statutory interest as referred to in Section 6: 119 of the Dutch Civil Code.
- If due amounts due to the Client cannot be collected or not received, WebhostNow will in any case charge 10 euros for administration costs. The aforementioned administration costs are increased to a maximum of 40 euros if the Client remains negligent to pay the claim of WebhostNow and WebhostNow is forced to give up its claim. In the latter case, the Client is also obliged to pay reasonable compensation for extrajudicial costs, including all costs as referred to in Section 6: 96 of the Dutch Civil Code.
- If WebhostNow has had to incur additional (other than aforementioned) costs in order to collect the amount due, these will be recovered from the Client.
- If the Client is of the opinion that the costs charged are incorrect, the Client may inform WebhostNow of the objections within two weeks of the invoice date. After receiving the objection, WebhostNow will investigate the accuracy of the invoice amount.
- The claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a moratorium, or seizes all assets of the Client, the Client dies and, furthermore, if it goes into liquidation or is dissolved.
- In the above cases, WebhostNow also has the right to terminate or suspend the performance of the Agreement or any part thereof not yet executed without notice of default or judicial intervention, without the right to compensation for damages that may arise as a result of this.
Article 12. Intellectual Property Rights
- All intellectual property rights on all materials, software, analyzes, designs, documentation, advice, reports, quotations, as well as preparatory material thereof developed or made available in the context of the Service, rest exclusively with WebhostNow or its licensors.
- The Client will only receive the rights of use and powers that arise from the scope of the Agreement or that are granted in writing, and for the rest the Client will not reproduce or disclose the software or other materials.
- The Client is not permitted to remove or change any designation regarding copyrights, brands, trade names or other intellectual property rights from the materials, including designations regarding the confidential nature and secrecy of the materials.
- WebhostNow is permitted to take technical measures to protect the materials. If WebhostNow has protected the materials by means of technical protection, the Client is not permitted to remove or circumvent this protection.
- Any use, reproduction or disclosure of the materials that fall outside the scope of the Agreement or granted user rights is considered a copyright infringement. Client will pay WebhostNow an immediately claimable and not subject to judicial moderation of 2,000 euros per infringing act, without prejudice to WebhostNow’s right to be compensated for its damage caused by the infringement or to be allowed to take other legal measures to end the infringement.
Article 13. Confidentiality
- Parties will treat information that they provide to each other before, during or after the execution 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 and on third parties engaged by them for the implementation of the Agreement.
- WebhostNow will not take cognizance of data that the Client stores and / or distributes via the systems of WebhostNow, unless this is necessary for the proper execution of the Agreement or WebhostNow is obliged to do so by virtue of a legal provision or court order. In that case, WebhostNow will endeavor to limit the knowledge of the data as much as possible, as far as this is within its power.
Article 14. Changes to the General Terms and Conditions
- WebhostNow reserves the right to change or supplement these terms and conditions.
- Changes also apply to agreements already concluded with due observance of a period of 30 days after publication of the change on the WebhostNow website or by electronic message. Changes of minor importance can be made at any time.
- If the Client does not want to accept a change in these terms and conditions, he can terminate the agreement by the date on which the new terms and conditions take effect.
Article 15. Final provisions
- Dutch law applies to this agreement.
- Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise from this agreement will be submitted to the competent Dutch court in Amsterdam.
- If any provision of this agreement appears to be void, this does not affect the validity of the entire agreement. In that case, the parties will adopt (a) new provision (s) as a replacement, which will give shape to the intention of the original Agreement and General Terms and Conditions as much as legally possible.
- In these terms and conditions, ‘written’ also includes e-mail, provided that the identity and integrity of the e-mail is sufficiently established.
- The version of any communication received or stored by WebhostNow, measurement taken (monitoring), is considered to be authentic, subject to proof to the contrary to be provided by the Client.
- The parties will always inform each other immediately of any changes in name, postal address, e-mail address, telephone number and, if requested, bank account number. Client must implement these changes via My WebhostNow. If the Client demonstrably remains in default and is no longer accessible under any of the last contact details provided, WebhostNow has the right to terminate paid services at the end of the contract term and to immediately terminate unpaid services.
- Each Party is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior written consent of the other Party.
- The general terms and conditions are drawn up in Dutch and in English. The Dutch text is binding in the event of any difference in content or purport.