General Conditions

These General Conditions have been registered at the Chamber of Commerce in Amsterdam, the Netherlands, no.30153598 , 
Below, the general conditions can be found that apply to any agreement with Digizaal VOF Any relation between Digizaal VOFand its customers is subject to these general conditions of sales and delivery, provided that no specific conditions have been agreed by both parties in writing.

If applicable, you also agree with the following conditions for the various extensions:


1. Definitions
* Digizaal is the trading name of Digizaal VOF.
* Principal: the person or legal person who enters into agreement with Digizaal for the delivery of its products and services.
* Products and services of Digizaal : products and services to be exploited by Digizaal , allowing consultation of electronic information to be made available by the principal and exchanging electronic messages among users; this includes, among other things, production, placement and promotion of a website, data transfer, internet access, and any other additional and supporting product or service.
* Agreement: any mutual acceptation, either confirmed in writing, by phone or by electronic mail, of the delivery of one or several products or services of Digizaal .
* These general conditions apply to any special offer, legal relation or agreement involving the delivery of any kind of goods and/or services to the customer by the principal.

2. Applications

* The articles below apply to any offer, order or agreement made by or with Digizaal , provided that no specific conditions have been agreed on by both parties in writing.
* General conditions of the principal or third parties have no binding effect on Digizaal , nor do these apply.
* KPN General Conditions for ADSL apply to xDSL by KPN. Moreover, General Conditions of BBNED and/or Tiscali apply to any other xDSL connection, provided that these comply with the General Conditions of Digizaal .
* General Conditions of the contractor in question apply to any installation that is executed by third parties by order of Digizaal or the principal.

3. Offer and acceptance

* All offers and quotations made by or on behalf of Digizaal are free of obligations, except when stated otherwise in writing or by electronic mail by Digizaal .
* An offer or quotation made by Digizaal is valid for 30 days, unless stated otherwise.
* If no starting date is mentioned in a signed contract, hence both Digizaal and the customer have agreed to it, this date is 30 days after signing the contract.

4. Start of the agreement

* An agreement (involving webhosting) is made on the day the following condition has been met: The application form needs to be filled in completely and sent to Digizaal by electronic mail, regular post or fax. When sending the application form, the principal agrees with these general conditions. After paying the amount due to Digizaal , the principal will dispose of the account, provided that the principal checks the nature of the use of the articles in question.
* An agreement (involving web design) is made on the day the following condition has been met: A copy of the offer needs to have been signed, completed, and completed truthfully while the offer was valid, and returned by regular post or fax. If any hardware has been delivered to the principal, the latter will become its owner after the first invoice has been paid, unless specified otherwise in the contract.
* An agreement (involving internet access) is made on the day the following condition has been met: A copy of the offer needs to have been signed, completed, and completed truthfully while the offer was valid, and returned by regular post or fax, provided that the service can be delivered by Digizaal .
* Parties are free to prove an agreement has been made by using other means.
* Any addition to or adjustment of the agreement can be made only and exclusively in writing.

5. Duration and termination

* The agreement is made for an indefinite period of time, with a minimum of 12 months, unless agreed otherwise.
* The agreement can only be terminated in writing or, if you dispose of a verified e-mail address, via the verification system, subject to two months’ notice. Your cancellation is only final after Digizaal has sent you a confirmation of this cancellation. If the two months’ notice is ignored, the agreement is automatically renewed for the same period, with a minimum of one year.
* Digizaal can terminate the agreement immediately if the principal fails to meet one or several of its obligations towards Digizaal adequately or fully, or acts in violation of these obligations.
* Digizaal has the right to terminate the agreement immediately without proof of default or judicial interference if the principal has been declared bankrupt, has applied for or received a moratorium, or has lost free management or its capital otherwise. In that situation, the latter party has no right to compensation.
* If your account is closed, all your account files will be removed immediately (data/ websites/ e-mail addresses and aliases, and mailing lists).
* Without prejudice to the provisions in article 14, Digizaal has the right to terminate the agreement immediately and without judicial interference if:
o the principal makes improper use of Internet
o the principal distributes information that is in violation of (inter)national laws and regulations
o the principal distributes information that is in violation of generally accepted norms and values
o the principal distributes information that discriminates with regard to appearance, race, religion, sex, sexual preference, culture, origin, or can be called hurtful otherwise
o the principal stores pornographic material on the account
o the principal allows visitors to download illegal software (warez/mp3s etc.) from the account.
+ Digizaal has the right to terminate the agreement if it is unable to deliver a service due to any reason.
+ Digizaal depends on third parties for the delivery of ADSL service. For this reason, Digizaal cannot guarantee the delivery or delivery time of the service in question.

6. General regulations for services / products purchased

* These regulations need to be adhered to at all times. Besides the principal, any other person who makes use of the services and/or products of Digizaal must abide by the following regulations.
* The principal may not upload any illegal programmes (warez) to the account or distribute these via e-mail.
* The amount of data stored on the server should not exceed the space made available when the webhosting plan was purchased. If the data limit is exceeded, Digizaal has the right to charge the surplus data at a rate of EUR 0.20 per Megabyte storage data per month.
* If applicable, no more data traffic can be used on our connection than the amount made available when the service was purchased. If the data traffic limit or fair use is exceeded, Digizaal has the right to charge the surplus amount at a rate of EUR 0.01 per Megabyte data traffic per month.
* The user name and password are personal to you. Under no circumstances this information may be distributed to third parties, which could misuse it.
* You may not run server processes (e.g. talkers/IRC bots) from your login account.
* If you make use of an anti-spam service of Digizaal , you agree to Digizaal not being responsible for any damage to or loss of electronic mail. Although Digizaal does the utmost to prevent spam messages from reaching you, it cannot guarantee this, and is therefore not responsible for any consequences that may result from it.
* The customer will act and behave in such a way as can be expected from a responsible and careful internet user and he will act according to the rules of the "Netiquette" [generally accepted rules of behaviour on Internet as stated in RFC 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) as well as any future adjustments).
* The customer is not allowed to use the system and the disk space for acts and/or behaviour that are contrary to applicable legal regulations, the Netiquette, the rules of the Dutch Advertising Code Committee, the agreement or these general conditions. These include, but not exclusively, the following acts and behaviour:
o spamming: unsolicited sending of large amounts of e-mail with the same content and/or unsolicited posting of certain messages with the same content in large numbers of news groups on Internet;
o violating intellectual property rights of third parties (which include, but not exclusively: copyrights, brand rights, rights on account of European directive 96/9 concerning the legal protection of databases, patent rights, model rights);
o theft;
o illegal and/or punishable distribution of secret or confidential information;
o illegal or punishable distribution of texts and/or visual and audio material, among which racist expressions, child pornography, criminal data traffic, insulting expressions and so-called mail bombs;
o hacking via the Service or the Internet. Unauthorized entering of other computers or computer systems on the Internet;
o sexual intimidation or otherwise harassing people;
o hacking: unauthorized entering of other computers or computer systems on the Internet
o destructing, damaging or sabotaging systems or automized works and software of others;
o distributing viruses or otherwise deliberately disturbing communication or data storage;
o gaining access by means of false keys, false codes, and false capacities.

* The customer abstains from hindering other customers or internet users and/or causing damage to the system. The customer may not start processes or programmes – via the system or otherwise- of which the customer knows or can reasonably assume that these will hinder or cause damage to Digizaal , other customers or internet users. The customer is only allowed to start up processes or programmes if there is a direct connection to the system that has been approved by Digizaal . The customer may not run any processes of which the customer knows or can reasonably assume that these will hinder Digizaal , other customers or internet users or cause damage to the system if there is no direct connection to the system.
* The customer may not assign his or her account or other rights resulting from the agreement to third parties or have these used by third parties, unless the express written consent of Digizaal . Without prejudice to the foregoing, the customer is allowed to have a third party design, place and maintain a website and/or homepage. The customer remains responsible for the use of his or her account and password.
* The customer takes care of any necessary hard and software, peripheral equipment, and connections in order to allow access to the system, unless otherwise agreed.
* Digizaal is not liable for any damage in the widest meaning of the word, unless this damage has been caused by gross guilt or bad intentions on the part of Digizaal . In particular, Digizaal is not responsible for any damage relating to or resulting from:
o interruption of, or blocking access to the system or the Internet,
o a lack of security of stored customer data,
o acts by other customers or internet users,
o changes in dial-in numbers, the login procedure, the account, the E-mail address and IP addresses

* Digizaal has the right to make changes to dial-in numbers, the login procedure, the account, E-mail addresses and IP addresses at any time without resulting in a right to compensation by the customer towards Digizaal . Digizaal will notify the customer of any changes as promptly as possible. These will be published well in advance (> 2 weeks) at the place that was assigned for this purpose: the customer site. This period can be shortened if this is to guarantee a correct and complete functioning of the services and/or products purchased by the principal.
* Digizaal cannot guarantee unrestricted access to the system and the Internet, however, nor can it guarantee the availability of its services at all times.

# If the customer moves within the terms of the contract, it should notify Digizaal of this in writing. If this includes moving the xDSL connection, moving costs are charged. Possibly, extra costs are charged for adjusting the data with various domain registrations. Tariffs are available at Digizaal .
# Digizaal telephone services are delivered based on Voice over DSL (VoDSL) or Voice over IP (voIP), while the customer makes use of a DSL service delivered by Tweak. The telephone service can only be used within the area of the dialling code of the connection address in the Netherlands.
# Digizaal does not support calls made to 084 and 087 numbers via the telephone service or collect calls.
# Digizaal retains the right to exclude the telephone service from or to certain services or destinations known beforehand and/or impose limits on calling costs in order to prevent excessive use, including its high costs, as well as charge a possible surcharge on transport costs involving paid service number traffic.
# Calling bundles offered by Digizaal are non-transferable and can be used for a period of one month, unless stated otherwise.
# Customers of telephone services obtain a new geographic telephone number that can be used temporarily and/or in combination with the existing telephone number. Digizaal might charge extra for this. The number made available by Digizaal is discontinued 2 months after possible number porting.
7. Delivery and delivery time

* Activation of a website or webhosting account takes place as promptly as possible once a written assignment has been received, the amount due based on the first invoice has been received or an agreement has been made.
* In case the agreed delivery time is about to be exceeded, this is communicated as soon as possible. In case of force majeure on the part of Digizaal , the term in question is extended by the same term. Excessive exceeding of the delivery time can be considered as a ground for annulment of the agreement.

8. Force majeure

* With respect to the agreement, force majeure involves anything that is considered as such in terms of law and jurisprudence.
* If Digizaal is unable to meet its obligations resulting from the agreement due to force majeure, it does not need to comply with them. In that case, the agreement is annulled.

9. Prices

* All prices mentioned on the website / in the advertisement, as well as prices agreed on separately, are exclusive of VAT and other levies that have been imposed by the government, unless otherwise stated.
* Digizaal has the right to change the tariffs. These changes are made known to the principal two months before their starting dates at the latest, by means of e-mail, regular post and/or the Digizaal Customer Site. If the price change involves an increase in price, the principal has the right to terminate the agreement before the starting date of the new price.

10. Payment conditions

* Payment obligations on the part of the principal start on the day the agreement is made. Payment involves the period that starts on the day the products and services of Digizaal are actually made available.
* The amount due, based on the agreement, is exclusive of VAT and other possible levies resulting from legal regulations. The principal is due to pay these levies.
* Depending on the duration of the agreement, the amount due is to be paid in advance – unless stated otherwise in the agreement- by means of an invoice. If this is not done, Digizaal retains the right to interrupt the presentation. Other costs are invoiced/ received in advance over an agreed payment period.
* For each payment period, an invoice for the costs resulting from the agreement is sent to the principal by Digizaal .
* If the principal fails to pay timely, i.e. within the period specified on the invoice, this is communicated to the principal and a new payment term is set. If the principal fails to pay within that period, it is in default without notice. If the principal is in default after the first reminder, Digizaal can remove the stored data, release the domain name, and charge extra administrative costs. Moreover, in this case Digizaal can take legal steps and involve third parties that have the authority to collect the money. Any costs resulting from this are charged to the principal.
* If the principal is of the opinion that the invoiced costs are not correct, it can object to them within two weeks of the date mentioned on the invoice. After receiving the objection, Digizaal checks the correctness of the amount invoiced.
* Digizaal invoices are sent by e-mail and/or regular post. The principal is responsible for a correct registration of its address and e-mail addresses in order to allow correct sending of invoices by Digizaal .
* Several additional services, such as extensions of the webhosting plan or telephone costs, are invoiced afterwards, namely together with the next invoice.

11. Property restrictions

* Any material manufactured by Digizaal remains its sole property. If Digizaal discovers modification of its products without having given permission for it, it reserves the right to sell the rights to the principal, to demand restoration of the product to its original state, or remove the modified product.
* For the execution of its services, Digizaal depends on the cooperation, services and deliveries of third parties, which can hardly be influenced by Digizaal . Therefore, Digizaal cannot be held liable for any damage whatsoever resulting from the relation with Digizaal or break of this relation, irrespective of the damage arising or becoming visible during the relation with Digizaal .

12. Liability

* Digizaal does not hold any copies of data or settings that have been uploaded to the server by the principal. The latter is responsible for safe storage of important information.
* In case of attributable default when it comes to the agreement, Digizaal can only be held liable for replacement damages, i.e. damages for the value of the performance that was not delivered. Digizaal cannot be held liable for any other form of damages, including supplementary damages in any form whatsoever, indirect or consequential damages, or damages relating to a loss of turnover or profit.
* The principal indemnifies Digizaal against any third-party liability for damages resulting from unlawful or careless use of the products and services delivered to the principal by Digizaal .
* Considering the large number of junctions on the Internet that involve human intervention, the use of local networks and wireless communication, it should be taken into account that any information obtained from or sent by the Internet can be accessed freely. Digizaal is not liable for any form of damage caused by sending confidential or secret information. Digizaal is not liable for any security or third-party misuse of stored data.
* Digizaal is neither responsible nor liable for the contents of any promotional material received from the principal.
* The principal is liable for any damage suffered by Digizaal resulting from any imputable default on the part of the principal in observing the obligations arising from this agreement and these conditions.
* Any change to the data of the principal needs to be communicated to Digizaal by the principal immediately and in writing. If the latter fails to do so, it will be liable for any possible damage on the part of Digizaal resulting from it.
* Digizaal offers landline internet access. Should the connection be interrupted for a longer period due to destruction, an interruption of lines or any other cause - despite a 99.8% uptime guaranty by the supplier – then Digizaal cannot be held liable for any form of damage, including any form of supplementary damages whatsoever, indirect or consequential damages, or damages resulting from a loss of turnover or profit. At all times, Digizaal will do its utmost to restore the connection in cooperation with the supplier. These terms also apply to satellite systems that are connected to the Internet via external suppliers.
* Digizaal aims to provide Internet connections with the least amount of interruptions. Should there be an interruption on your xDSL connection, however, this can be reported to the helpdesk during business hours. Digizaal and its partners will try to eliminate the interruption as soon as possible (best effort), unless agreed otherwise in an SLA. If an interruption of your xDSL prohibits the use of the internet connection for more than 48 hours, the subscription fee for this period is refunded. Interruptions caused by the customer’s own devices (such as a modem, cables, computer) are excluded, even if these devices have been supplied by Digizaal . A thorough check needs to be done to find out whether the interruption has been caused by your own devices. If an interruption is reported, Digizaal has the right to have a mechanic check the situation. If the interruption has been caused by yourself or your devices, Digizaal will charge the costs made.
* If a modem that has been supplied by Digizaal breaks down within 6 months of its sending or installation, Digizaal guarantees to replace it with a new one. Any defects resulting from faulty use, peaks in the supply of electricity or other cables connected to the modem are excluded.
* Digizaal cannot guarantee any quality and/or availability standard for its telephone services.
* The customer is responsible for requesting number porting involving Digizaal telephone services, which partly depends on the cooperation of the other supplier in question. Digizaal cannot be held liable for failing to provide number porting, or slowing down the process.
* If number porting is requested, the number and/or telephone subscription cannot be cancelled before the porting has taken place, since the latter might fail and lead to a loss of the number in question.
*
* The use of the Digizaal newsgroup service is entirely at one’s own risk.
* Digizaal is not liable for any damage resulting from installing and/or using software that has been developed by Digizaal or software of third parties that has been supplied or recommended by Digizaal .

13. Transfer rights

* Parties are not entitled to transfer any of their rights or duties resulting from an agreement to third parties without prior written consent from the other party.

14. Suspension of services

* If the principal fails to comply with its obligations towards Digizaal resulting from the agreement or acts in violation of these general conditions, Digizaal has the right to suspend any delivered products or services (temporarily) and/or restrict their use. The principal will be notified of this in advance by Digizaal , unless the latter cannot reasonably be expected to do so. During the period of suspension, obligations to pay the amounts due remain.
* The products or services are put back into use if the principal has met its obligations within a term set by Digizaal and settled a fee for continuation of the products or services.
* Digizaal has the right to suspend any delivered products and services temporarily for the purpose of maintenance.

15. Change of conditions

* Digizaal reserves the right to change these conditions or make additions to them.
* Any changes made also apply to agreements already in effect subject to 30 days notice from the date the change was communicated in writing. If the principal is not willing to accept a change of conditions, he can annul the agreement up to the date the new conditions come into effect, meaning the agreement to end on that date, or on the date that the cancellation is received if this is to take place after the new conditions have come into effect.
* If one or several articles of these conditions are declared void by a court, the remaining terms of these general conditions will remain fully valid. Moreover, Digizaal and the principal will consult with each other for the purpose of agreeing on new terms to replace the void ones, taking into account the objectives and contents of the latter ones as much as possible.
* The agreement is subject to Dutch law.

 

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