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Our policies - General terms and conditions

Our general terms and conditions is displayed below. Our general terms and conditions govern under which conditions we provide products and services. By becoming a customer you acknowledge to have read our general terms and conditions and agree to it.
General terms and conditions 1. GENERAL

1.1 These General Terms and Conditions govern PrepaidWebhost.nl, a product of Prepaid Webhost BV, holding office at Wierdijk 123, 1689 WD in Zwaag, hereafter referred to as Prepaid Webhost.

1.2 All orders are executed solely on the conditionis in these General Terms and Conditions, unless explicitly agreed otherwise in writing by Prepaid Webhost.

1.3 All product and/or service deliveries will be made through the office in Zwaag, all payments have to be made payable to there as well.

1.4 Agreements made with personel of Prepaid Webhost are not legally binding unless confirmed in writing by Prepaid Webhost.

1.5 The ordering customer acknowledges these General Terms and Conditions through the sole fact of ordering something from Prepaid Webhost, unless rejected explicitly in writing. A simple reference to the General Terms and Conditions of a customers' own General Terms and Conditions or a standard clause on customers' own letterhead having content exclusively describing her own conditions is not sufficent.

1.6 In the event, agreements have been made that partly differ from these General Terms and Conditions, the other sections of these General Terms and Conditions remain in full force and effect. Agreements with different conditions always apply to one order only, unless stated otherwise and agreed upon in writing by Prepaid Webhost.

1.7 These General Terms and Conditions apply to all agreements made between Prepaid Webhost and the ordering customer with the exclusion of agreements that have other conditions that both parties have agreed upon in writing. An ordering customer is defined as anybody that orders a product or service (or wishes to order) from Prepaid Webhost or anybody that goes into any kind of agreement with Prepaid Webhost.

1.8 Conditions and/or additional terms with agents, affiliates, representatives or other intermediaries that differ from the conditions in these General Terms and Conditions do not legally bind Prepaid Webhost unless those additional agreements have been confirmed explicitly by Prepaid Webhost in writing.

2. ORDERS

2.1 Any order binds the ordering customer. Prepaid Webhost is first bound by acknowledging the order. If the ordering customer does not object within eight days of the sending date of the acknowledgement, the acknowledgement is assumed to describe the order accurately and completelly.

2.2 Requests for changes on changes in the execution, after the order has been acknowledged by Prepaid Webhost should be made timely and in writing. In the event they are made verbally, through email or by phone, than the risks of their execution and/or implementation lies with the ordering customer. Unless those changes have been confirmed in writing or through email by Prepaid Webhost.

2.3 In the event the ordering customer cancels an order either partially or completely, then he is obliged to pay any costs Prepaid Webhost reasonably made (costs of calculation, preparation, storage provision, etc). Should Prepaid Webhost desire, the ordering customer is also obliged to pay for the loss of profit as a consequence of cancelling the order.

2.4 Changes in the original order, from whatever nature, requested either verbally or in writing that incur higher costs than could reasonably be anticipated during the order acknowledgement will be charged extra.

2.5 Changes and/or cancellations of paid orders bind Prepaid Webhost first after written acknowledgement and acceptance.

2.6 Prepaid Webhost reserves the right to do more work than is specified in the order acknowledgement and charge the ordering customer when this additional work is in the benefit of the ordering customer and/or when necessary for the proper execution of the order. The ordering customer will be notified of this additional work as soon as possible.

2.7 Orders that require or result in frequently recurring tasks of a similar nature, even when small changes exist are treated as orders given for an indefinate period of time.

2.8 When cancelling orders with an indefinate timeframe, both parties are required to observe a notication window of three months, unless the agreement is less than six months old, in which case no notification window exists.

2.9 Any agreement made for a definate period of time will silently be renewed with the same period as the original agreement, unless the ordering customer cancelled the agreement in writing with at least one month notice.

3. DELIVERIES/ORDER EXECUTION

3.1 Every partial delivery, including deliveries that are part of a composite order can be invoiced, in which case this partial delivery is considerd as an independent transaction; In such cases payment has to be made according to the conditions set forth in the chapter "payments".

3.2 Delays in delivery will not cost Prepaid Webhost money, unless these delays have been caused by Prepaid Webhost with the exception of all causes specified in chapter 5.

3.3 Execution of an order happens during normal working hours. In the event an order needs to be expedited overtime and/or other extra incurred costs can be charged to the ordering customer. The ordering customer gives Prepaid Webhost some leeway in the execution time frame. The time frame only counts as a hard deadline when the ordering customer has notified Prepaid Webhost beforehand about the consequences of missing the deadline in writing and Prepaid Webhost has acknowledged and agreed to these consequences in writing.

3.4 Agreed upon delivery times only apply when all required materials and/or information that is necessary for the proper execution of the order has been made available to Prepaid Webhost. In the event of untimely delivery of such materials and with an approaching deadline that makes it possible for Prepaid Webhost to only finish the order by working overtime, Prepaid Webhost has the right to charge the ordering customer with the extra incurred costs without prior notice. In the event of untimely delivery of required material and/or information, Prepaid Webhost has the right to set a new deadline. Timely delivery of all required materials and/or information is the responsibility of the ordering customer.

3.5 The delivery of software only allows non-exclusive use of the involved programs, for the agreed upon purpose of this software, whereby the right of the software stays with the respective owner.

3.6 All delivery times given by Prepaid Webhost are estimates and are not legally binding. The delivery timeframe starts as soon as the order has been acknolwedged by Prepaid Webhost and all required materials and/or information has been received. Exceeding deadlines do not waive any obligations from the ordering customer, including payments and do not give the ordering customer to cancel the order either completely or partially or claim damages.

3.7 In the event the deadline has been exceeded for so long that the ordering customer cannot reasonably be expected to honor the agreement, the ordering customer has the right to cancel the agreement provided he notifies Prepaid Webhost in writing, notwithstanding Prepaid Webhost's right to deliver within four weeks from receiving this notification. The ordering customer can demand Prepaid Webhost to inform the ordering customer whether she wants to execute this right.

3.8 In the event the ordering customer fails to meet any obligation in time, Prepaid Webhost has the right to suspend all order executions and/or agreements and/or completely cancel any agreements with the ordering customer without it requiring a court of law. Any outstanding amounts have to be paid by the ordering customer immediately.

3.9 Prepaid Webhost has the right to outsource part of the execution of an order to somebody not employed by Prepaid Webhost if Prepaid Webhost believes this will result in a good and proper execution of the order.

3.10 Prepaid Webhost has the right to keep any materials (whether created by Prepaid Webhost or not) from the ordering customer until the ordering customer has paid all outstanding amounts. This includes all materials not relevant to the order. Prepaid Webhost also has this right in the event the ordering customer is declared bankrupt.

3.11 Prepaid Webhost obliges herself to perform the execution of her order to the best of her abilty, but accepts no responsibility if she fails to meet any goals/objectives set by the ordering customer.

3.12 In the event it becomes obvious that due to unknown circumstances or external influences it becomes impossible to execute the order, Prepaid Webhost has the right to demand that the order be changed so that it becomes possible. Any costs incurred (or saved) will be offsetted between both parties. The ordering customer has to pay any amount for the work done so far, even if part of the execution (due to the changes) proofs useless.

3.13 In the event part of an order is outsourced to Prepaid Webhost, she has the right to contact the ordering customer directly unless agreed otherwise the the intermediary in writing.

4. EXCEEDING DELIVERY TIME

4.1 In the event that progression of the execution of the order is delayed by the ordering customer or by causes outside Prepaid Webhost's influence, then Prepaid Webhost may demand payment proportionate to the amount of work completed as well as total expenses made for the entire order that would have become available if no delays occured. If no installment terms were agreed upon, Prepaid Webhost may demand payment after the order was scheduled to be finished.

4.2 Any terms agreed upon by Prepaid Webhost and the ordering customer, are approximate tand never fatal deadlines unless agreed upon otherwise between Prepaid Webhost and the ordering customer in writing.

4.3 Failures in the company due to vis major (for example: war, mobilisation, riots, floods, traffic jams, stagnation in limited or abrupt respectively supply of public services, lack of fuel, fire, machine malfunction and other accidents, strikes, expulsions, union acts that make production impossible, government restrictions, no or delayed supply of necessary materials and works in progress to Prepaid Webhost by third parties and other unforeseen circumstances, including works in progress in the country of origin that disrupt company operations and/or the execution of the order or reasonably render the execution of the order impossible) dismiss Prepaid Webhost of her agreed upon terms of the order. The ordering customer has no right for compensation of costs, damages or other interests.

4.4 In the event of vis major Prepaid Webhost will notify the ordering customer immediately in which case the ordering customer has the right to cancel the order within eight days, however only with the obligation to pay Prepaid Webhost for the parts of the order that have been executed.

5. SITE HOSTING

5.1 An agreement for site hosting lasts indefinately and is automatically paused when the balance of the customer becomes negative. As soon as funds are added to the balance the website is automatically placed online again within 30 minutes.

5.2 Prepaid Webhost ensures that the server and network is available conform the agreed upon service level and makes every effort to live up to this service level. Prepaid Webhost however does not accept any liability if this service level cannot be realised.

5.3 Prepaid Webhost is not liable when power, network, service or other interruptions occur due to failures on the Internet, with other providers or due to loss of electricity.

5.4 The ordering customer is not allowed to use the website and/or resources made available for:

a. Actions defying local, regional, national or international laws, Netiquette or guidelines from the Reclame Code commission;
b. the sending of large quantities of unsolicited email, through whatever medium, that contain the same content (personalised or not) with a commercial message that the recipient did not explicitly approve and/or the posting of large quantities of messages on newsgroups / forums online with the same message (spamming); the infringment on copyrighted materials or otherwise conflicting with the intellectual property rights of third parties (mp3, videos).
c. the spreading, or otherwise publishing of illegal texts, audio and/or vido material, including, but not limited to child pornography and racism;
d. sexual intimidation or any other kind of harrasment;
e. the entering of other computer systems or websites that require security circumvention of any kind without the express written permission of the owner. (hacking)
f. the forking of (computer)processes that stay alive in Prepaid Webhost's system or the Internet after termination the connection with Prepaid Webhost;
g. the spreading of computer virusses, trojans, worms, chainletters or other forms of mal- / spyware.
h. the setting up of a website with the purpose of misleading visitors (phishing) and/or trying to gather sensitive data from visitors.
i. the setting up of a website, or part of it with the purpose to impersonate another person or company without the explicit written consent of that person or company.
j. Illegale software (warez), serial numbers (serialz) and or activation codes of software, hacks, cracks or other means to circumvent software- / licensing security.
k. the setting up of a website with the purpose to damage Prepaid Webhost's professional image and/or reputation.

5.5 Pornographic material on websites is allowed (adult hosting) as long as it is legal. That means that among other things, all actors / actrices / people involved in the production of all materials were at least 18 years old at the time of the production.

5.6 Prepaid Webhost is allowed to suspend and/or block all websites, email and accounts effective immediately without giving notice and without giving reason in the below mentioned situations. Prepaid Webhost cannot be held liable for any damages incurred by the customer or any of her third parties in each of these situations. Any paid, but unejoyed subscriptiop fees will be paid back / offsetted against outstanding bills:

a. in the event the ordering customer breaks any condition specified in article 5.4 or when Prepaid Webhost has a serious suspicion a condition is being broken;
b. in the event (a part of) a website of the ordering customer is responsible or is threatening to become the cause of server or netwtork instability or downtime;
c. in the event the ordering customer supplied false personal and/or company information;
d. in the event the ordering customer started the agreement under false pretenses.

5.7 Prepaid Webhost does not interfere with information that is placed on a site or that is spread through her servers and is not liable for any consequences as a result or for any breach resulting in data leaks of confidential or sensitive data. The use of credit card payments or acceptance mechanisms or the use of electronic money is the sole responsibility of the ordering customer.

5.8 In the event the ordering customer overuses allocated and agreed upon resources, then Prepaid Webhost has the right to adjust her fees accordingly.

5.9 Prepaid Webhost ensures that a regular backup is made of all files on the server, but has no responsibility for eventual loss of data and resulting damages.

5.10 Prepaid Webhost has to right to (temporarily) pause or suspend products and/or services in order to maintain it's systems, applications, network and/or servers and in order to improve it's system, network, applications or servers.

6. COMPLAINTS AND WARRENTY

6.1 Complaints can only be made in writing and within eight days of the execution of an order. Prepaid Webhost is neither liable for printing- writing- and/or counting mistakes and/or other unclarities in order acknowledgements and/or prospectuses, nor for for the consequences of them. When there is a difference in interpratation in order acknowledgements or prospectuses, Prepaid Webhost's interpretation is legally binding.

6.2 Shortcomings or flaws that couldn't reasonably be identified within the terms set forth in the previous article have to be reported to Prepaid Webhost immediately upon identification, but no later than ninety days after enjoying the product or service of Prepaid Webhost and the usage of the product or service has to be limited as much as possible.

6.3 Shortcomings or flaws in part of the delivered product give no right for complete rejection of the delivered product or service.

6.4 The ordering customer shall provide Prepaid Webhost with full cooperation to investigate the complaint, for example by giving Prepaid Webhost the opportunity to investigate on site (either by herself or a third party) to determine the quality and/or quantity of the delivered product or service.

6.5 In the event Prepaid Webhost acknowledges the complaint, she has to the right to choose between redelivering the product or service for free or to agree upon a discounted price of the delivered product or service.

6.6 Prepaid Webhost accepts no responsibility of any kind for shortcomings, caused by external consequences, including any parts of the order that have been outsourced to a third party.

6.7 Prepaid Webhost does not have more obligations then are set forth in this chapter. Particularly Prepaid Webhost is in no case liable for direct or indirect damage or consequential damage that could have been caused by no, incorrect or untimely delivery of the order.

6.8 A complaint regarding certain activities does not give the ordering customer the right to delay payment either for those activities or other activities.

6.9 For services provided by other parties, but through Prepaid Webhost, Prepaid Webhost is never obliged to provide any warrenty beyond the warrenty given by the original supplier.

6.10 For site hosting by third parties, intermediated by Prepaid Webhost, Prepaid Webhost is never obliged to provide any guarantee beyond the guarantees provided by the original hosting party.

6.11 For delivery of software from third parties, Prepaid Webhost is never obliged to provide any guarantee beyond the guarantees given to Prepaid Webhost by the producer of the software.

6.12 In the event software is used in combiation with wrong, defect or imcompatible hardware, the ordering customer cannot make sure of any guarantee.

6.13 Any complaints regarding the physical appearance of a product or service can only be made directly after delivery.

6.14 Any guarantee or warrenty conditions other than the above are only valid if confirmed in writing by Prepaid Webhost.

6.15 The order customer can never use complaints to cancel an agreement, neither during, nor after the warrenty period.

7. LIABILITY

7.1 Prepaid Webhost carries no liabilty for any damage, whatever named and by whatever cause other than grave error or bad intent. Which has to be proven by the ordering customer and only then to a maximum amount of the work or services Prepaid Webhost has to provide or a proportionate part of it.

7.2 Prepaid Webhost accepts no liabilty for damages or consequential damages caused by shortcomings in any product or service provided by another party through Prepaid Webhost.

7.3 Prepaid Webhost accepts no liability in any case for damage caused by irresponsible or careless usage, or by incorrect usage conflicting with the manual, or for failing to fulfill the purpose for which the ordering customer bought the product or service.

7.4 Prepaid Webhost accepts no liability for the actual content of web applications developed by her.

7.5 Prepaid Webhost accepts no liability for the precense of virusses on information carriers provided by her or from Internet sources. The ordering customer is solely responsibly for checking the data, correspondance and software for virruses.

7.6 Prepaid Webhost accepts no liablity for damage done to files on information carriers or loss of data, or email. The ordering customer, or hired third parties are responsibile for checking the data for accuracy and completeness.

7.7 Prepaid Webhost accepts no liability for any information, freeware or shareware provided by Prepaid Webhost on the Internet or an Intranet. Prepaid Webhost accepts no liability for the accuracy of the provided information or for the correct functioning of software, nor for the consequences of it.

7.8 The ordering customer indemnifies Prepaid Webhost for any damages or claims made by third parties caused by what Prepaid Webhost delivered.

7.9 In the event an order or delivery is made to more than one legal entity, these entities are both fully liable for all obligations and payments due made by any order.

7.10 Prepaid Webhost accepts no liability for used software for the supplied websites other than to try to let the supplier find a solution to a problem without having to compensate any damage of whatever nature, caused by correct or incorrect functioning of the website and without the need to take the correct or incorrect functioning website back.

7.11 By giving an order to develop software or websites, the ordering customer acknowledges not to infringe on any copyright or other intellectual property rights of third parties and indemnifies Prepaid Webhost for all consequences, both financial and other that come from the development of the software or website.

7.12 The standard software is supplied "as is". Prepaid Webhost accepts no liability for damage caused by incorrect usage or functioning of the programming.

7.13 The ordering customer has to develop an acceptance test for non standard software or web applications. Prepaid Webhost accepts no liability for short comings or flaws of the developed software that did not become obvious during the acceptance test.

7.14 The presence of bugs in the standard software that do not interfere with the functionality of the software never give the ordering customer the right to reject the software partially or completely. The liability of Prepaid Webhost never extends beyond trying to move the producer of the software to fix the bug in the software in a next version.

7.15 Prepaid Webhost obliges herself to respect all materials and information provided by the ordering customer and to keep it properly at all times, but accepts no liability for loss due to fire, theft or damage not covered by the insurance. In situation where Prepaid Webhost has to work with valuables or irreplacable unique materials, the ordering customer is responsible for the insurance fees and risks.

7.16 Prepaid Webhost has no obligation to keep digital files, neither for files provided by the ordering customer, nor for files created by her or third parties. The ordering customer is responsible to keep a copy of all files provided to her.

7.17 All advice and suggestions that Prepaid Webhost provides are in good faith, however she accepts no liability for loss or damage caused by consequences of her advise either directly or indirectly.

7.18 Prepaid Webhost accepts no liability for flaws or shortcomings caused by incorrect data supplied by the ordering customer. Or for unprocessed data that has not been expressively notified to Prepaid Webhost or made available.

7.19 Prepaid Webhost accepts no liability if the generated response or the obtained result or market share is different from prognosis or expectations. This incluses results deviating from results from previous tests.

8. OWNERSHIP AND COPYRIGHT

8.1 The usage right of software or websites to be supplied are -notwithstanding the actual delivery- first goes the ordering customer if she met all obligations as specified in an agreement with Prepaid Webhost:
- the consideration(s) with regards to supplied materials;
- the consideration(s) with regards to performed or to be performed services by Prepaid Webhost
- Any claims due to non compliance of agreements from the ordering customer.

8.2 Prepaid Webhost has the right to deactivate a website until payment has been received in full in accordance with sub 8.1

8.3 Upon complete payment in accordance with sub 8.1, the ordering customer will be granted the usage rights, notwithstanding anything set forth in the remainder of this chapter.

8.4 Prepaid Webhost keeps the copyright of designs made by her, drawings and calculations. Also when the ordering customer ordered these.

8.5 The ordering customer obliges herself to keep delivered designs, software, system- or program descriptions, documentation, drawings, sketches and calcuations only for her own use and not to make them available to third parties, either for free of for payment.

8.6 All rights of industrial or intellectual nature, such as copyright with regards to software, web applications, designs, procedures, advices, etc used by Prepaid Webhost or coming from Prepaid Webhost are and will stay the property of Prepaid Webhost with the exception of computer programs, system designs, procedures, advices, etc from the ordering customer herself or from hired third parties. The execution of these rights -publicising or transfer of data included- is both during and after the execution of the order solely reserved for Prepaid Webhost.

8.7 The ordering customer is not allowed to change, repeat or duplicate a design or part of a design of Prepaid Webhost without the express written permission of Prepaid Webhost. Prepaid Webhost may provide acceptance conditions, including a fee.

8.8 Unless expressively agreed otherwise, the performance of investigation into patents, brandrights, drawings or modelrights, copyright and portray rights are never part of the order.

8.9 Prepaid Webhost has -at all time- the right to (let) place or remove her name on a design. The ordering customer is not allowed to duplicate or publicize a design of Prepaid Webhost where the name of Prepaid Webhost has been removed.

8.10 Prepaid Webhost has the right -unless expressively agreed otherwise- to use her design (or part of it) by repeatance.

8.11 Prepaid Webhost has the right to publicize photos or other images of a completed project for promotional purposes.

8.12 In the event, during an order, use is made of models, stochphotos or illustrations, modelrights always stay with the model or the modelling agency, stockbureau or stock agency. The ordering customer is never allowed to use the material more than for it was acquired for. The ordering customer always has to contact Prepaid Webhost prior to reusing the material.

8.13 Prepaid Webhost has the right, unless expressively agreed otherwise in writing to let BUMA/STEMRA know the name of the ordering customer, as well as the title of the multiplied materials and the number of which times they have been multiplied.

9. PAYMENT

9.1 In the event the execution of an order will take longer than one month or when Prepaid Webhost believes the amount justifies so, she may demand either partial or complete payment upfront, as well as at times during the execution. Prepaid Webhost has the right, regardless of payment conditions to request sufficient security from the ordering customer.

9.2 All payments have to made within fourteen days of the invoice date, nett and without any deductions in the applicable dutch currency.

9.3 When credit is given after the invoice has expired or when credit is unrightfuly taken, the ordering customer has to pay interest over the invoice amount in the amount of 1% per month or part of the month, beginning on the expiration date of the invoice. After one year, the order customer also has to pay interest over the interest. If the credit interest by law is higher than the interest specified here, the one by law will be charged.

9.4 All costs that Prepaid Webhost has to make in order to enforce her rights are to be paid by the ordering customer. These costs will be a minimum of 15% of the amount with a minimum of € 250,--

9.5 In the event the ordering customer subcontracts Prepaid Webhost, the ordering customer gives Prepaid Webhost the power of attorney to collect money from the customer.

9.6 Regardless of the payment terms set forth in sub 2 of this chapter, Prepaid Webhost has the right to request payment or to request financial security from the ordering customer.

10. DISPUTES

10.1 A dispute exists as soon as a party indicates there is a dispute.

10.2 All agreements and transactions of Prepaid Webhost are governed solely by the law of the Netherlands.

10.3 All disputes, however called and of whatever nature shall be brought before the relevant court in the Netherlands, with the exception of other arbitrating- or advisory bodies.

11. SLOTBEPALINGEN

11.1 These General Terms and Conditions have been filed at the Chamber of Commerce in Amsterdam.

11.2 In all situations where these General Terms and Conditions do not provide a solution, any decisions rest solely with Prepaid Webhost.

11.3 These General Terms and Conditions are available in multiple languages. In the event two versions contradict eachother, the Dutch version prevails and is leading.

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