Terms and   Conditions

Terms and Conditions The Web, Part Of Print Bazar

1106/5000
These general conditions apply to every offer or quotation from The Web design in respect of services and are an integral part of each Agreement between The Web and Customer. Terms or conditions set by Customer that deviate from or do not appear in these General Terms and Conditions for The Web binding only if and insofar explicitly accepted in writing by The Web.
Capitalised terms shall have the meaning given in the last article.

Article 1. Contract Closing

  • Customer can request services directly from the Web The Site. The Agreement shall be incurred at the time of shipment of the (either automatically generated) email from The Web with the confirmation and acceptance of the application. Customers can also request a free quotation.
    The agreement arises at the time of receipt of agreement on the proposal, provided that it takes place before the end date specified in the tender.
  • Box agreements are finalized.

Article 2. Performance of the contract

  • After the conclusion of the Agreement The Web is the best I can and keep using sufficient care and professionalism.
  • The Web will endeavor to achieve quality and uninterrupted availability of services and associated systems and networks, and allows access by Customer to create stored data. The Web, however, offers no guarantees about the quality or availability.
  • Through The Web specified periods of delivery are always an approximation.
  • If and to the extent required for the proper execution of the Agreement, The Web has to perform certain activities by third parties. Any related unexpected additional costs shall be borne by Customer, unless otherwise agreed. These General Conditions also apply to the activities carried out by third parties under the Agreement.
  • If agreed, The Web Client will provide access to an account. The account will be accessed by entering a username and password. Any action that takes place through the Account of Customer or a Customer Account created, is considered among
    risk and responsibility of the Customer to be done. If Customer suspects or has reasonable grounds to suspect or know that abuse occurs an Account, Customer shall as soon as possible to sign The Web allow it to take such measures.
  • The Web will make themselves available for a reasonable level of customer support remotely by phone and e-mail during regular business hours.
  • All the amendments to the Agreement or at the request of the Client, either due to the fact that through whatever circumstances a different version is necessary, when it added cost considered additional work and insofar as there are less costs as less work. These will be billed according to the Client.

Article 3. Customer Obligations

  • Customer is obliged to do all that and let whatever is reasonably necessary or desirable to permit a timely and proper execution of the Agreement. In particular contributes Customer ensure that all information which The Web indicates is necessary or which the Client reasonably understand to be necessary to carry out the Services in a timely manner to The Web are provided. The period within which the The Web
    Agreement should run, not before commence until all the required and necessary information is provided by The Web.
  • If the Customer knows or suspects that The Webdesign some (additional) measures will need to take to meet, The Web Client will without delay notify to its obligations. This obligation applies, for example knows or ought to be as customer that an extraordinary peak will occur in taxation from The Web systems, which could cause unavailability of the Services in any probability. That is especially true if Client know that there are services to others geleverdvia same systems as The Web used to provide services to the Customer. The Web will do after warning all to avoid unavailability of the Services. Written unless expressly agreed otherwise, all reasonable additional costs may incurred in doing so, will be charged to the Customer.
  • Customer may use the Services in any way for Applications with Increased Risk.
  • If the Customer for the specific use that he gives to the services or seeks to provide need anylicense or other authorization of public authorities or third parties, Customer need to take care of getting it. Customer warrants relative to The Webdesign him alllicenses and / or authorizations held that are necessary for the use of the Services
    Customer.

Article 4. Conduct and notice / takedown

  • The Customer is prohibited from using the services of the Dutch or other customer or The Web of applicable law or violate rules or to infringe the rights of others.
  • It is (whether it is legal or not) prohibited by The Web to using the Materials Services offer or disseminate:
      • unmistakable primarily intended for others behulpzaam to be in violation of the rights of third parties, such as websites (wholly or mainly) hack tools or explain computercriminaliteit apparently intended to the reader to enable the specified criminal behavior (do) ​​not commit and to defend against them;
      • unmistakablylibelous, defamatory, offensive, racist, discriminatory or hateful;
      • pornography or bestiality pornography or contain apparently are aimed to help others suchthat total costs such materials;
      • constitute an infringement of the privacy of third parties, in any event including but notlimited to the unauthorized distribution or necessity of personal data by third parties or the repeated harassment of third parties through these unsolicited communications;
      • hyperlinks, torrents or references to (occurrences of) material that clearly infringes copyright, neighboring rights or image rights;

    contains

    • unsolicited commercial, charitable or idealistic communications;
    • contains malicious content such as viruses or spyware.
  • The spread of pornographic materials through the Services is permitted provided that this does not constitute a nuisance or violation of these Terms and Conditions.
  • Customer shall refrain from hindering other customers or internet or to cause damage to systems or networks of The Web or other customers. The Customer any processes or programs, whether or not to start using the systems of The Web, of which Client knows or reasonably suspect that this The Web, obstructs its customers or internet or harm.
  • If in the opinion of The Web nuisance, damage or other hazard to the operation of the computer or the network of The Web web or third parties and / or the services provided over the internet, especially through excessive sending e -mail or other data, denial of service attacks, poorly secured systems or activities of viruses, Trojans and similar software is Web Design The right to take any measures it considers reasonably necessary to avert this danger or to prevent . The Web design webdesign the costs which are reasonably necessary go hand in hand with these measures stories Customer.
  • When The Web receives a complaint about violation of this article by Customer, or self notes that seem to be the case here, The Web Client will promptly notify the complaint or violation. Customer as soon as possible to give a response, after which The Web will decide how to act.
  • If The Web is of the opinion that there is a violation, it will block access to the relevant material, however, to permanently delete without this material (unless this is technically impossible, in which case The Web Design web design will create a backup ). The Web will endeavor to thereby touch any other materials. The Web Client will as soon as possible informed of measures taken.
  • The Web is at all times entitled to report offenses reported. Furthermore, The Web right to the name, address and other releasing identifying data of the Customer to a third party who complains that Customer infringes on his rights or these Terms and Conditions, provided that the accuracy of the complaint is reasonably sufficiently plausible and the third one clear
    interest in release of the data.
  • Although The Web Design strives so reasonable, carefully and effectively as possible to act on complaints about Customer, The Web is never obliged to pay damages as a result of measures referred to in this article.
  • The Customer is allowed to provide the services (to “resell”), however, to state only in conjunction with or as part of their own products or services of the Customer and without the name of The Web as a supplier or subcontractor . The Web client must harmless from all claims by his customers. The Web may also be in breach of these
    general conditions in full action by those customers.

Article 5. Request for domain names

  • Application, allocation and possible use of a domain name depend on and are subject to the rules and procedures of the relevant registration authorities, such as the Foundation for Internet Domain Registration in the Netherlands with .nl domain names. The relevant authority
    decides on the allocation of domain names. The Web plays in the application only an intermediary role and does not guarantee that a aanvraagook be honored.
  • Customer can only include acknowledgment of The Web, stating that the requested domain name is registered, ascertain the fact of registration. An invoice for registration has been no confirmation of registration.
  • Customer shall indemnify and hold harmless The Web for all damages related to (the use of) a domain name on behalf of or by the Customer. The Web design Web design is notliable for the losses caused by Customer of his right (s) on a domain name or the fact that the domain name is requested by a third party and / or obtained, except in cases of willful misconduct or
    recklessness of Customer.
  • Customer must comply with the rules set registering authorities for application, granting and use of a domain name. The Web will refer to these rules during the registration process.
  • The Web has the right to make the domain name inaccessible or unusable, or to (do) her own name places when Customer demonstrably fails to fulfill the Agreement, provided, however, solely for the duration of customer defaults and is made only after a reasonable period to comply with a written notice.
  • In the event of termination of the Agreement for breach of Customer The Web is entitled to terminate a domain name Client with a notice period of two months.

Article 6. Storage and datalimits

  • The Web may impose alimit on the amount of storage and data transfer per month which may or may use actual customer in connection with the Services.
  • Should Customer exceed the applicablelimits, then The Web after sending at least one waarschuwingsbericht to Customer on the crossing, the Subscription Customer unilaterally convert to a subscription where storage and data fits well inside.
  • Noliability for the consequences of not being able to send, receive, store or change data if an agreedlimit for storage or data traffic is exceeded.

Article 7. Intellectual Property Rights

  • All intellectual property rights at all in the context of the Agreement The Web Materials Asked developed or provided exclusively vested in The Web Design or itslicensors.
  • The customer receives solely user rights granted written explicitly in these Terms and Conditions, the Agreement or otherwise and for the rest Customer shall not reproduce these materials or made public. The above does not apply if undeniably accidentally been left on Customer to provide such a right to express way. However, issuing source of materials is always mandatory only if explicitly agreed upon.
  • Except if and when written otherwise agreed, the Customer is not any indication concerning copyrights, trademarks, trade names or remove other intellectual property rights in the Materials or change, including statements regarding the confidentiality and secrecy Materials.
  • The Web is permitted to take technical measures to protect its materials. If The Web through technical protection to secure these materials, the Customer is not allowed to remove this protection or avoid, except if and insofar as the statutorily determined otherwise.

Article 8. Prices

  • Unless in an amount expressly stated otherwise, all prices quoted by The Web exclusive of VAT and other levies imposed by the authorities.
  • If a price is based on data provided by the Client and these data prove to be incorrect, then The Web has the right to adjust the prices accordingly, even after the agreement has already come into being.
  • If the Agreement is a subscription, The Web is entitled to change the rates at any time.
  • For the same price change conditions and procedures as amending the Services and these Terms of Service.

Article 9. Payment Terms

  • The Web will invoice the amounts owed by Customer to Customer. The Web may thereby issue electronic invoices. The Web has the right amounts periodically to make prior to the delivery of the services charged.
  • The payment of an invoice is 14 days after the invoice date, unless otherwise agreed in Writing.
  • If the Customer has not yet paid in full 14 days after the payment, he is automatically in default without requiring notice is required.
  • If the Customer is in default, has the following consequences:
    • On the outstanding amount, the statutory interest;
    • Customer is 15% of the principal owed to recovery costs, or 40 euros if that amount is more than 15% of the principal amount;
    • Web sites and other materials for hosted customer may be inaccessible without further warning until the outstanding amounts, interest rates and so on are met.
  • Unless Customer is a consumer, action not permitted by Customer on suspension set-off or deduction.
  • In the event Customer any obligation not respected under the Agreement, is The Web without any notice of default entitled to take back next suspension of services delivered goods, without prejudice to the right of The Web web to compensation for damages, lost profit and interest.

Article 10. Disclaimer

  • The Web is notliable except in the cases mentioned below in connection with the conclusion or performance of the Agreement, and not beyond the specifiedlimits.
  • The totalliability of The Web for damage suffered by the Client as a result of a shortcoming in the performance by The Web of its obligations under the Agreement, explicitly including any failure in the performance of a customer agreed warranty obligation, or by an unlawful act of the Web, its employees or third parties engaged, per event or series of events islimited to an amount equal to the total of the fees (excluding VAT) which Customer has paid under the Agreement when the damage occurred, or if the agreement has a duration of more than three (3) months, an amount equal to the fees that Customer has paid in the past three (3) months. In no event, however, shall the total compensation for direct damage than one thousand (1,000) euros (excluding VAT).
  • The Web is explicitly notliable for:
    a) any loss suffered by measures The Web has taken in good faith, but which nevertheless has shown that these have been imposed unjustly;
    b) damage unavailability of the Services, lost data and breaking through technical or organizational measures, and
    c) indirect damages, consequential damages, lost profits, lost savings and damage due to business interruption.
  • Theliability of The Web grounds of breach in the performance of the Agreement occurs only if Client The Web immediately and properly written notice of default, stating a reasonable period to remedy the breach, and The Web after that period attributable to fulfill its obligations continues to fail. The notice must contain a detailed description of the failure, so The Web is able to respond adequately. The notice must, within 14 days after the discovery of the damages to be received by The Web.
  • The exclusions andlimitations specified in this Article shall not apply if and insofar as the damage is the result of willful misconduct or gross negligence of the management of The Web.
  • Customer towards The Webliable for damage caused by a fault attributable to him or shortcoming. The Web Client will indemnify against claims relating to the use of the Services by or with the consent of customer non-compliance with the rules of conduct in article. This indemnification shall also apply in respect of persons who are not employees of Customer Services but nevertheless used under the responsibility or with the consent of the Customer.

Article 11. Force

  • None of the parties may be obliged to perform any obligation if a circumstance beyond the control of the parties and which should not be could already or had foreseen at the conclusion of the Agreement, every reasonable opportunity to nullify to perform. < /li>
  • Force majeure is partly (but not exclusively) means interference of public infrastructure normally for The Web design is available, and where the provision of dependent services, but which The Web no actual power or contractual compliance obligation to exercise such as the functioning of the registers of IANA, RIPE or SIDN, and all networks in the internet where the Web has concluded a contract with it; disruptions in infrastructure and / or The Web Services caused by computer crime, for example, (D) DOS attacks whether or unsuccessful attempts to circumvent the network or system security; shortcomings of suppliers of The Web, which The Web could not foresee and where The Web can not beliable to his supplier, for example because the relevant supplier (also) there was force majeure; Defectiveness of items, hardware, software or other source material which Customer has prescribed use; Unavailability of staff (due to illness or otherwise); government action; general transport problems; strikes; wars; terrorist attacks and civil disturbance.
  • If a situation of force majeure lasts longer than three months, either party is entitled to terminate the agreement in writing. The services already performed under the contract, be settled proportionately in that case, without the parties owing each other anything.

Article 12. Privacy

  • The parties shall information it before, during or after the execution of the Agreement to each other confidential information when it is marked as confidential or if the receiving party knows or should reasonably suspect that the information is confidential intended. The parties also impose this obligation on their employees as well as third parties engaged by them to implement the Convention.
  • The Web will take cognizance of data that stores customer and / or distributes through the systems of The Web, unless this is necessary for the proper performance of the Agreement or The Web is obliged to do so under a statutory provision or court order. In that case, The Web Design web design endeavor so to minimize the notification of data, as far aslies within its power.
  • The obligation of confidentiality shall continue after termination of the Agreement for any reason remains, and that as long as the providing party can reasonably claim to the confidentiality of the information.

Article 13. Duration and Termination

  • The term of the Agreement is the time period required to deliver the Services. If the Agreement is a subscription, it is entered into for a period of one year.
  • If a fixed term has been agreed for the Subscription, neither party may unilaterally terminate the Agreement before the term has expired, unless there are special grounds for termination, as specified below.
  • In the absence of timely notice a subscription is automatically renewed for a period equal to the first term.
  • The Web should the Agreement with immediate written suspend or terminate if at least one of the following special grounds applies:
    a) Customer is in default with respect to any material obligation;
    b) The bankruptcy of Client is requested;
    c) Customer has applied for suspension of payments;
    d) The activities of Customer be terminated orliquidated.
  • If The Web suspends fulfillment of the obligations, it will retain its claims under the law and the Convention, including the right to payment for services that have been suspended.
  • If the Agreement is terminated or dissolved, the claims of The Web Client to be immediately due and payable. In the event of termination of the Agreement amounts already billed remain for their services due, without any obligation to abolish. In the event of termination by Customer Customer may only that portion of the agreement terminate that has not been performed by The Web. If the dissolution of Customer is attributable, The Web is entitled to compensation for the damage it creates directly and indirectly.
  • The right to suspend the abovementioned cases applies to all of Customer Agreements concluded simultaneously, even if Customer is only in default with respect to any agreement, and without prejudice of The Web right to compensation for damages, lost profits and interest. < /li>

Article 14. Procedure after termination

  • After termination of the Agreement as a result of termination or dissolution, is The Web is entitled to delete all stored data immediately or inaccessible and eliminating all accounts of the Customer.
  • Deleting Client for stored data is always done without special precautions to make irreversible deletion. This means that for example, ‘delete’ is pressed in a (standard) operating system.

Article 15. Ranking and change policy

  • The Web Design reserves the right to change the Services and to amend these Terms and Conditions or supplement. Changes also apply to existing agreements, subject to a period of 30 days after publication of the change.
  • Changes will be published on the Web The Site, or any other channel which The Web can prove that the publication has arrived at customer. Non-substantive amendments of minor importance can be made at any time and do not notice.
  • If the Customer does not accept a change, Customer must within two weeks of the announcement Written motivated to communicate on The Web. The Web can then reconsider the change. If The Web showing the change does not withdraw, Customer can until the date when the new conditions take effect, terminate the agreement by this date.
  • Provisions relating to specific services, go when they apply for over general provisions relating to all services. Further agreements between The Web and Customer prevail only over these Terms and Conditions if they are written and if so expressly or clearly was the intention of both parties.

Article 17. Other provisions

  • The Agreement is governed by Dutch law.
  • As far as the mandatory law is any dispute that may arise from the Agreement submitted to the competent Dutch court of the district in which The Web is established otherwise.
  • If any provision is found to be invalid under the Agreement, this shall not affect the validity of the entire agreement. The parties will in such case to replace establish (a) new provision (s) that as much as legally possible is given to the intention of the original Agreement and General Conditions.
  • Information and communications, including pricing, on The Web Site are subject to programming and typing errors. In the event of any inconsistency between the website and the Agreement, the Agreement shall prevail.
  • The log files and other electronic or administration of The Web constitute full proof of theorems of The Web and received by The Web or saved version of any (electronic) communication is regarded as authentic, barring proof to the contrary by the Customer.
  • Parties shall inform each other immediately in writing informed of any changes in name, postal address, email address, telephone number and request bank or giro account.
  • 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. However, this consent is not required in case of takeover or acquisition of the majority of the shares of the
    on party.

Article 18. Complaints

  • The Web has a well-publicized complaints and deals with complaints under this procedure.
  • Complaints about the implementation of the agreement must be made fully and clearly described within 7 days at The Web, after the customer has discovered the defects.
  • In The Web Complaints will be within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the Web The reply within the period of 14 days, confirming receipt and indicating when the customer can expect a more detailed answer.
  • If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
  • In case of complaints should a customer to turn first to the The Web. It is also possible to log complaints through the European ODR platform (http://ec.europa.eu/odr).
  • A complaint apron of The Web obligations, unless the Web The web indicates otherwise.
  • If a complaint is accepted by the The Web, the The Web will be replaced free of charge or repair the products

Article 19. Definitions of Terms

    • In these conditions apply:
    • The Web: The company The Web, Part Of Print Bazar, located in Amsterdam and registered with the Chamber of Commerce under file number 57557667

.

    • The Web: The Web site, accessible through the domain http: //www.The Webdesign.nl /.
    • Subscriptions: The Agreement whereby one or more of the parties undertakes to carry out continuously or repeatedly performance over a certain period of time (eg a hosting contract of 12 months.)

.

    • Account The right to access a user interface Customer (certain chemical aspects of) can manage the services and configure as well as the configuration (s) and the Customer ELECT files yourself

.

    • General Conditions:. The provisions of this document
    • Client: the natural person or legal entity with whom The Web has concluded an Agreement. is the person meant also who enters or is in negotiations about it with The Web and its repre sentative (s), agent (s), assignee (s) and heirs.
    • Services products and / or services on The Web Client will supply under an agreement

.

    • Materials: all works, such as websites and (web) applications, software, huisstijlen, banners, outdoor advertising, leaflets, brochures, leaflets, signage, advertising, marketing and / or communicatieplannen, concepts , images, texts, drawings, information, opinions, reports and other voortbrengselen of mind, and preparatory materials and (possibly encrypted) files or gegevensdragers which the materials are located.
    • Agreement any agreement between The Web and Client pursuant to which The Web Services to Client

.

  • Written: next paper writings email and communication, provided the identity of the sender and the integrity of the message sufficiently established. Applications With Increased Risk: applications where an error in the Services could lead to death or serious injury, or severe environmental damage or loss of (personal) data at very high consequential damages. Examples of applications with increased risk include:
    transport where an error can cause trains to derail or crash airplanes; medical systems where an error may have the consequence that a patient may receive no or mishandling; systems where a substantial part of the population depends on it for the allocation of key public services, such as DigiD; Systems that (much) medical information or other sensitive data within the meaning of the Data Protection Act, or otherwise stored highly sensitive information.