Terms and Conditions

Terms and Conditions – Consumers

Version February 2018

EasyComp Zeeland has consumer-friendly terms and conditions. This means that they are written as clearly and understandably as possible and do not restrict the rights of consumers in any way,

Terms and conditions are often rightly seen as ‘difficult fine print’. That is why, in these terms, we try to speak in understandable terms about things like price, delivery time, time of payment and what exactly is delivered. Because not everyone is aware of the content of the legal procedure that applies to a purchase agreement, we start with a brief explanation of your legal rights as a buyer.

The person who provides you with a product or a service (for convenience we speak in these terms than about the seller) is required by law that what he delivers that owns the properties that a buyer can expect under the (purchase) agreement he has concluded with the seller (this is called conformity). The type of product and the announcements made by the seller are involved, for example about the special characteristics of the product. Moreover, it is wise to record such matters in writing separately, for the sake of clarity.

The buyer may also rely on advertising from the manufacturer, unless the seller has expressly indicated that he does not agree with those claims. For the record, we have included a declaration of conformity in Article 7.

If it is found that the product does not have the properties that could be expected under the purchase agreement, the

buyer in addition to all other rights granted by law (e.g. deferral of payment) of the seller requirements:

Or

delivery of what is missing;
repair of the defects, unless this is impossible or cannot be required of the seller;

unless this is impossible or cannot be required of the seller.

The seller may refuse to repair or replace if the costs are disproportionate to other reasonable solutions, for example, reducing the purchase price or refunding the purchase price and compensation for any damage suffered.

Identity of the contractor

EasyComp Zeeland registered at the KvK in Middelbrug under number 77164067

Article 1. All appointments in writing

We strive to record our agreements on the price, characteristics of the product to be delivered, delivery time, time of payment etc. as much as possible in writing. Additional appointments (e.g. hardware and software that comes with a PC/notebook extra with a standard configuration or by way of a standard configuration) are also recorded in writing.

Arrangements for repairs are also recorded in writing.

Article 2. The offer

  1. If our offer (and its price) is subject to a limited period of validity or are subject to conditions, this will be indicated in the offer.
  2. The supply of products shall apply as long as the stock lasts.
  3. We will describe the products/services offered in such a way that you as a consumer have a good assessment
    Can make it. The images placed on offer are truthful; if this is not possible, then
    We mention that.
  4. If there are ‘digital products’, the offer shall indicate whether there are secure products.
  5. As far as possible and where applicable, we shall indicate in the offer for which hardware
    Software the products/services offered (such as software) are suitable.

Article 3. The price

  1. Our prices include VAT, excluding additional costs such as shipping and delivery fees and charges such as removal fee or copy levy. These will also be mentioned in good time before the conclusion of the agreement.
  2. During the period of the offer, the prices of the products/services offered will not be increased, except where they are the result of legislation (this includes, for example, the increase in the VAT rate).
  3. If it is a price increase from 3 months after we have concluded the agreement with you, you can terminate this agreement from the day the price increase takes effect.
  4. An exception applies to prices that are related to fluctuations in the financial market over which we have no influence. In that case, we can offer variable prices, but if that is the case, we will mention in the offer that these are target prices that are tied to the fluctuations in the financial market.

Article 4. Payment

We offer various payment methods, which may vary from time to time. If you pay, you will receive an invoice from us.
Like you, we have our payment obligations. If you postpone your payment, we will be subject to a charge. If permitted by law, we may charge you the damage we suffer as a result (loss of interest and reasonable costs to collect the outstanding amount).

Article 5. Delivery and execution

  1. Of course, we strive to deliver at the latest at the agreed time. This will be done as soon as possible but no later than 30 days, unless a shorter or longer delivery period has been agreed. If it is delivered too late, and there is no force majeure, then you as a buyer – when it has been agreed that you would pay at the same time on delivery – have the right to postpone the payment until delivery has been made. If you wish, you can terminate all or part of the purchase agreement in the event of late delivery, except where the seriousness of the overrun of the delivery period does not justify it.
  2. Delivery is made at the address you have passed on to us. If delivery is delayed, or if an order or service cannot be performed or only partially executed, you will be notified as soon as possible. The deadline for this is 30 days after you have concluded the (purchase) agreement. After this period, you have the right to terminate the contract without cost and to be entitled to any compensation.
  3. After dissolution, we will refund the amount you have paid as soon as possible, but no later than 14 days after dissolution.
  4. If the delivery of a separately ordered product proves impossible, we will do our best to provide you with a replacement item. This will be reported in a clear and understandable manner at the latest at the latest upon delivery. It’s about a remote purchase (see Article 10), you can still use your right of withdrawal. The cost of return will be on our account in that case.
  5. The risk of damage and/or disappearance of products rests until the time of delivery to you or to a third party designated by you, with us, unless you have chosen a delivery method that we do not offer by default.

Article 6. Warranty

All our new products have at least one©Ã©n year. Except for this are batteries, for which a different warranty period may apply.
Manufacturers or importers of products or certain components (such as the hard disk) may offer their own warranty.

Even if you want to make an appeal for such a guarantee, you can contact us. As a seller, we therefore remain your point of contact at all times.

Watch out!
We make you aware that warranty rights can be forfeited if you make changes to the products supplied (both hardware and software).

Article 7. Conformity

We guarantee that our products and services comply with the (purchase) agreement, the specifications set out in our offer, the reasonable requirements of soundness and usability and the legal provisions and government regulations existing on the date of the conclusion of the (purchase) agreement. Any guarantees referred to in Article 6 shall not affect the duty referred to in this Article.

Article 8. Privacy control

We attach great importance to a clear and transparent privacy policy and the following rules apply:

only those personal data are collected that are necessary to maintain and improve our service to the customer;
your personal data will be processed, stored and managed in accordance with applicable privacy laws;

all other information that our employees face will be treated strictly confidentially (documents, emails, etc.). Exceptions are those cases where the law requires us to pass on data to competent authorities.

As a consumer, you are entitled to access your personal data. We will send you this information no later than two weeks after your request for access. At your request, we will modify or delete your data if necessary and there is no legal provision requiring the data to be retained.
In our privacy statement, we indicate what data we receive from you and how and why we collect this data.

Article 9. Retention

We will keep the property for as long as the purchase has not been paid in full. On our repair orders, we give the clearest possible description of the items you offer for repair, so that your property rights are not at stake if the repair company goes bankrupt while your items are there just at that time.

Article 10. Buy remotely

In the case of a so-called remote agreement, usually called remote purchase (e.g. an order from an online store), there are special additional rules that we have included separately in this article.
There is talk of a distance purchase when it comes to a purchase agreement where there is no direct contact between seller and consumer. Popularly said: without both being in the same room. This therefore applies not only to purchases via the Internet (online shops), but also telephone or written orders are covered by the concept of remote buying.

The most important part of a remote purchase is that the consumer has a cooling-off period of 14 days, (starting with

on the day after delivery,) has to fore the purchase. Within that time, he can use his right of revocation, the right to dissolve the sale.

Article 10a. Information

The information you receive prior to the purchase is such that you can properly assess the offer, for example by images that are a true representation of the products. The information is clear and understandable and also quickly and easily (timely before the conclusion of the agreement) can be found on our website.

In addition, you will receive clear information about your rights and obligations, such as:

  • the total price to be paid, including all additional costs (these are also listed separately), including, for example, a possible home copy charge or delivery fee;
  • the way in which the agreement is concluded;
  • whether or not the right of withdrawal applies, how you use the right of withdrawal, the model form for withdrawal, but also who bears what costs if the right of withdrawal is used;
  • the method of payment, delivery or implementation of the contract;
  • the period for the price or possibility of accepting the offer;
  • the rates you have to pay if you want to contact us, if this is different from the basic rate. If you are already a customer and are seeking contact about the contract concluded, the rate will never be higher than the basic rate;
  • access to the data we have stored about you;
  • the minimum duration of the distance contract in the matter of a continuous or periodic delivery of products or services. In addition, the total price and the total cost per billing period are listed. If such an agreement is subject to a fixed rate, the total price also includes the total monthly fee.

In addition, you will receive the following information:

  • our visiting address, where a complaint may be lodged;
  • the way in which you can use your right of withdrawal; (c) information on existing service after purchase and guarantees;
  • the information referred to above in 10a and under Identity;
  • the conditions for denunciation of the agreement.

This information is also clear and understandable and can be found quickly and easily on our website before the agreement is concluded

After the conclusion of the agreement, but no later than the delivery of the product or service, you as a buyer receive all the information mentioned in 10a in such a way that it can be easily stored by you on a durable data carrier, as legally called. A durable data carrier is a means of preserving information so that you can read it again later, such as a CD, PDF file, or a document that can be printed. An e-mail is also seen as a durable data carrier. If you have already received the information in this way before concluding the agreement, this is sufficient and does not need to be provided again.

Article 10b. Creation, confirmation and security

An agreement is reached at the time of offer and acceptance. (This means that one party offers something for a certain price (“this laptop costs â’ € 350.00”) and the other says yes to it.)
An order is placed (the offer is accepted) if you go through the order process and finally place the order by activating the final order button. Once you have placed an order, you will receive a confirmation from us. This can be by email, text message or otherwise. As long as this has not been done, you can still forgo the purchase by rescinding the agreement.

When you order over the Internet, we ensure security of the exchanged data and a secure web environment.

Article 10c. Cooling-off period for delivery of products (right of withdrawal)

  1.  When purchasing products, you as a consumer have a cooling-off period of 14 days. The cooling-off period starts the day after you receive the product or that it was done on your behalf.
    Or:
    – if you have ordered multiple products in©© one order: the day you, or a third party you designated, received the last product from that order
    – if the delivery of a product consists of several consignments or parts: the day on which you, or a third party you have designated, received the last consignment or the last part;
    – in the case of regular product delivery agreements for a certain period of time, such as a magazine every month: the day on which you, or a third party designated by you, received the first product. During that period, you have the option to terminate the agreement without having to give a reason. You can use the model form for withdrawal or let us know in any other clear way that the agreement will be terminated. If the communication is made online, we will confirm the receipt of it. Within 14 days of the withdrawal, you must return the products. This is called the right of withdrawal.
  2. During the cooling-off period, you should be careful with the product and the packaging. This means that you will only unpack or use the product to the extent necessary to assess whether you want to keep it. If you use your right of withdrawal, you should return the product with all the accessories provided and — if reasonably possible — in its original condition and packaging. We will give you clear information on how to do this.
  3. You are only liable for impairment resulting from a way of dealing with the product that goes beyond the permitted in paragraph 2. We are entitled to offset the depreciation against the amount to be recovered by you.
  4. If you use your right of withdrawal, you will have to pay the costs of return at most. If this is not possible by regular mail, we will make an estimate of the costs for you. If we take care of the return costs, we will clearly state that.
  5. Any other costs you have already paid, we will refund you as soon as possible, at least within 14 days of the withdrawal. We are entitled to wait for a refund until we have received the products or until you have demonstrated that you have returned the products.
  6. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to pay back the additional costs for the more expensive method.

Article 10d. Cooling-off period when delivering services and digital products

  1. In the case of the provision of services and an agreement for the provision of digital content that is not delivered on a material medium, you as a consumer have a cooling-off period of 14 days. The cooling-off period shall start on the day the agreement is entered into. During that period, you have the option to terminate the agreement without having to give a reason. This is called the right of withdrawal.
  2. In order to make use of your right of withdrawal, we will provide you with clear information on how to do this, including our offer, or at the latest on delivery. You can use the model form for withdrawal to let us know in another clear way that the agreement will be terminated. If the communication is made online, we will confirm the receipt of it.
  3. If you revoke the provision of a service after having previously requested from us expressly during the cooling-off period, we may charge the amount commensurate with that part of the agreement that we have already fulfilled/delivered.

Article 10th. Right of withdrawal

Sometimes there is no right to withdraw for you as a consumer, but that must be stated by us clearly and before the contract is concluded. These include:

  1. Products or services whose price is tied to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period.
  2. Agreements concluded during a public auction. Products purchased at an internet auction are not covered in principle. However, this is subject to the right of withdrawal.
  3. Services provided, but only if:
    – implementation has begun with express prior agreement from you; And
    – you have stated that you will lose your right of withdrawal after we have fully implemented the agreement within the cooling-off period.
  4. Products made on the basis of your specifications, which are not prefabricated and manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life.
  6. Sealed products that are not suitable to be for reasons of health protection or hygiene
    returned and whose seal has been broken after delivery.
  7. Products which, by their very nature, are irrevocably mixed with other products after delivery.
  8. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
  9. Loose newspapers, magazines or magazines, with the exception of subscriptions to them.
  10. De delivery of digital content other than on a material medium, but only if:
    – implementation has begun with your express prior consent; and – you have stated that you will lose your right of withdrawal

    Article 10f. Payment

For any consumer purchase, a prepayment of more than 50% may never be requested in terms of terms and conditions and that, insofar as nothing else has been agreed, the buyer (the rest of) pays the purchase price at or after delivery of the order. Full prepayment may be offered as a payment method, provided there is only one other option where you (at least 50%) can pay on or after delivery.

Article 10g. Cancellation

An order may be cancelled free of charge if it has not yet been shipped, except in the range of products and/or services that are excluded from the right of withdrawal.

Article 11. Complaints and complaints period

Because we want to provide our customers with an optimal service, we think it is important to hear from you if you have any complaints about our services. Do this — in order to limit any damage — as soon as possible. According to the law, a complaint is made known in time if this is made within two months of discovery. This also applies in the event that the purchased product does not have the properties that you could expect under the purchase agreement. It is in your interest to make your complaints known in writing.

If you make a complaint to us, it will be answered within 14 days at the latest. If we need more time, we will let you know within 14 days when you can expect an answer.

Article 12. Disputes

  1. The agreements to which these general terms and conditions relate shall be subject only to Dutch law.
  2. EasyComp Zeeland offers an ingsing opportunity that consumers can make use of by filling in the contact on www.EasyCompZeeland.nl. Among the conditions:the issue has been discussed with the EasyComp Zeeland participant concerned and the company’s complaints procedure has been completed;it must be an ICT product or service covered by the characteristic ICT activities of the EasyComp Zeeland department(s) to which the participant was affiliated at the time the problem arose; the company is a certified participant at the time you submit your mediation application; no other party has been called in to find a solution. The full terms and conditions can be found on www.EasyCompZeeland.nl.

Article 13. Additional provisions

Apart from the 13 articles of this standard set of easycomp zeeland terms and conditions, we may apply additional or different provisions. These are then added to these conditions under the heading “Supplemental provisions.
These additional provisions should not be to the detriment of the consumer.

EasyComp Zeeland Terms and Conditions – B2B

March 2017 release

These Terms and Conditions regulate the legal relationship between Contractor and its clients. The Terms and Conditions are divided into several modules, which are tailored to the various types of services offered by Contractor.

These Terms and Conditions consist of the following modules:

Module A. General

Module B. Development (web) applications

Module C. Hosting / SaaS

Module D. Hardware

If a specific module is applicable, it prevails over the General Module. To the extent that the general part does not conflict with applicable provisions from specific modules, the general part shall always apply. The definitions of the capitalized terms apply to all modules.

Definitions

For the time being, these Terms and Conditions shall mean:

Acceptance test: is a (limited) mandatory test effort to be made by the Client in order to complete the Project.

Terms and Conditions: these conditions, which are modular.

Service: software, application, software (as defined in the quotation/Agreement).

Lack: failure to meet the Specifications.

User: the (final) user who uses the Service/Project provided by Contractor for the client.

Hardware: equipment provided by Contractor to Client.

Materials: for example(web) applications, software, advice or reports.

Module: A module of these Terms and Conditions that contains provisions regarding a specific field of work.

Client: the natural or legal person with whom Contractor has concluded an Agreement. It shall also mean the person who enters into or is negotiating with the Contractor, as well as his representative(s), agent(s), legal recipients and heirs. Contractor: contractor, established in Middelburg.

Agreement: the agreement between Contractor and Client.

Force majeure: a shortcoming which cannot be attributed to the debtor if it is not due to his debt, either under law, legal act or in-circulation opinions.

Project: the work that Contractor will carry out on behalf of the Client, as defined in the tender and/or in the Agreement.

Project management system: electronic system that can be used for the management of the Project and for communication between Contractor and Client about the implementation of the Agreement. Results: the results of the work carried out by The Contractor under the Agreement.

In writing: these Terms and Conditions also include e-mail and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.

Specifications: The functional and technical description of the Project.

Website: EasyCompZeeland.nl

ModuleA. General

Article A.1. Offer, offer and acceptance

A.1.1 A tender drawn up by The Contractor shall be valid without obligation and valid until 8 days after that, unless otherwise indicated in the tender.

A.1.2 The client should preferably accept the offer in Writing, but if the Client agrees to the offer in a way other than Written or gives that impression, the tender may be considered accepted by the Contractor.

A.1.3 Terms or conditions of Client that deviate from, or do not occur in, these Terms and Conditions are binding for Contractor only if and to the extent that they have been expressly accepted in writing by The Contractor.

A.1.4 The signatory of a tender is in solidarity liable with the client, natural or legal person on behalf of and on behalf of whom he acts, in the event of abuse of power, as well as in the absence of a full identification of that customer. The agreement between the parties shall be considered closed from the moment the customer has signed the tender.

A.1.5 Without prejudice to the responsibility of the Contractor to withdraw the tender in accordance with Article 1(1) the Agreement may be amended only by mutual consent after acceptance. In the event of conflict of provisions in the following documents, the following ranking shall apply:

1. the Agreement;

2. any annexes, with the exception of brochures;

3. these Terms and Conditions;

4. any additional conditions, with the exception of brochures.

Article A.2. Implementation of the Project & Information Provision

A.2.1 After the conclusion of the Agreement, The Contractor will implement the Project as soon as possible in accordance with the tender, taking into account reasonable wishes of the Client.

The contractor endeavours to carry out the Project to the best of its ability, using sufficient care and craftsmanship. The client is required to enable a timely and correct implementation of the Project. In particular, the Client ensures that all data, which the Contractor indicates is necessary or which the Client reasonably should understand is necessary for the execution of the Project, is provided to The Contractor in a timely manner. The necessary commitment of client should be delivered with sufficient quality and timeliness. This applies both to support provided by the contacts, as well as to the planned deployment of project staff within the project work to be carried out.

A.2.2 If the client fails to do so above, the Contractor is entitled to charge additional costs and it is possible that the Project will run out. Any delay of the Project, caused by the Client, will be reported through the project management system or, if no project management system has been deployed for the Project, by e-mail or, in the absence of functioning e- mail correspondence, in any other written manner. Should this situation arise, the Contractor will inform the Client of any additional costs to be charged.

A.2.3 Contractor is not responsible for updating and securing the projects/products delivered (e.g. network management, website, app, narrowcasting, hard and software) unless there is a current maintenance agreement between both parties.

A.2.4 If the contract has been implemented with a view to the implementation of a particular person, The Contractor will always be entitled to replace that person with one or more persons with comparative qualifications.

A.2.5 If and to the extent that the agreement is properly signed, The Contractor has the right to have certain activities carried out by third parties.

A.2.6 If third parties engaged by the contractor or contractor are carried out on site in the context of the contract, the Client takes care of the facilities reasonably desired by those employees.

Article A.3. Duration, termination and dissolution

A.3.1 The Agreement shall be deemed to have been terminated when the performance thereof has been delivered over and over again.

A.3.2 By way of derogation from Article 3.1, agreements relating to services are tacitly renewed per month after the term has expired. Termination of such Agreements shall take place in writing.

A.3.3 Delivery terms specified by the contractor are always indicative. The contractor is, even in the case of an agreed deadline, in default only after the Client has made him in default in writing, except in the circumstances in which the law requires mandatory situations in which the omission of law occurs.

A.3.4 If the Client fails to fulfil any obligation under the Agreement, the Contractor has the right to suspend the execution of all agreements concluded with the client concerned without the need for a default or judicial intervention and without prejudice to the contractor’s right to compensation for damages, foregone profits and interest, unless the non-compliance in the matter is of minor significance.

A.3.5 Contractor shall terminate or suspend competent Agreement with direct or direct effect, without judicial intervention, in writing and without any obligation to compensate, if:

– Client does not comply with, complete or in-time obligations under the Agreement;

– after the conclusion of the Contract contractor, circumstances have been notified of the fact that the Client will not fulfil his obligations;

– At the time of the conclusion of the Agreement, the client has been requested to provide security for the satisfaction of the

of its obligations under this Agreement and this security is not or is insufficient;

– due to the delay on the part of the Client, it can no longer be required of the Contractor to be satisfied that he can comply with the Agreement against the original agreed conditions;

– Client dies, applies for suspension of payment or declares bankruptcy;

– the bankruptcy of the Client is granted;

– The client’s activities are shut down or wound up;

– any asset part of the Client is seized;

– circumstances arise which are such that compliance with the Agreement becomes impossible or the unaltered maintenance of the Agreement cannot reasonably be required of The Contractor.

A.3.6 If the Agreement is terminated, the claims of The Contractor on Client are immediately ful of the client. If The Contractor suspends compliance with the obligations, it retains its claims under the Law and the Agreement.

A.3.7 If the dissolution is attributable to the Client, the Contractor is entitled to compensation for the damage, thereby creating direct and indirect.

A.3.8 In accordance with Article 7:413 BW, Article 7:408(1) of THE BW is hereby explicitly excluded.

A.3.9 Contractor may terminate an agreement with the Client immediately if the Client does not, improperly or incompletely abide by the agreement(s) concluded with the Contractor(s) including related conditions.

A.3.10 Contractor has the right to temporarily or wholly decaps of products and services delivered and/or to restrict their use if the Client does not comply or violates these terms and conditions. Contractor will inform the Client in advance, unless this cannot be required of The Contractor in all reasonableness and fairness. The obligation to pay the amounts due will continue to exist during decommissioning.

A.3.11 After delivery, the delivered comes at risk from the Client.

A.3.12 Exceeding the delivery time is never considered to be a default and does not prejudice the obligation to the Client to take away the agreed.

A.3.13 Delivery times will be met by Contractor to the best of their ability. However, these delivery times are indicative and never considered a fatal time frame. The mere overrun of a said delivery time does not leave the Contractor in default and does not entitle the Client to compensation, termination of the contract or non-compliance with any (payment) obligation to The Contractor. If there is a risk of a significant overrun of the delivery time, the Contractor will contact the Client as soon as possible in order to reach a mutually acceptable solution by consultation.

A.3.14 Delivery takes place on the spot where The Contractor holds his office, unless otherwise agreed in writing.

A.3.15 Maintenance contracts and online services (such as security package/office 365/online backup) will be defined in a subscription module. Subscriptions take up the first day of the month in which the product is activated. Contract duration is one year if otherwise agreed and is automatically automatically renewed annually by another year unless the subscription is cancelled in writing within the notice period. The notice period shall be at least two months before the end date of the subscription.

Article A.4. Post-termination procedure

A.4.1 Parties are obliged, after termination of the Agreement, to immediately return the possession of the other Party to any good owned or entitled to the other Party and owned by one Party. Certain goods, such as data (carriers), may also be erased or destroyed instead of returned, if the rightholder has given written consent to them.

A.4.2 All data provided or entered by The Contractor shall remain the property of The Contractor at all times. The client only obtains a non-exclusive, transferable license that is required to carry out the Agreement.

Article A.5. Prices

A.5.1 Prices do not include sales tax (VAT) and other levies imposed by the government.

A.5.2 If a price in a tender is based on information provided by the Client and these information is found to be incorrect, the Contractor has the right to adjust the prices according to the reasonably corresponding to the correct data, even after the Agreement has already been concluded.

A.5.3 Tariff change may take place in the case of a change in the content of the contract, when the contract is renewed or changes in laws and regulations applicable to the Contractor.

A.5.4 All prices listed in the Contractor’s tender are subject to type and calculation errors.

Article A.6. Payment

A.6.1. Unless otherwise agreed; deposit of at least 50% on the total cost after approval of the tender and initial drafting of the size of the contract. After the project/product has been completed, the remaining amount will be invoiced. Delivery is always made after full payment of all outstanding invoices.

A.6.2 Contractor will send an invoice to the Client for the amount due by the Client. If the Project is delivered in stages, The Contractor is entitled to invoice per phase delivered, monthly or on the basis of hours worked (in the opinion of The Contractor). The payment period of an invoice is 14 days after the date of the invoice in the currency in which it is declared, unless otherwise agreed between Contractor and Client. Objections to the amount of the declarations do not suspend the obligation to pay.

A.6.3. If the Client does not pay in full on time, he will be in default from 30 days after the invoice date without the need for default. If an amount due is not paid within the payment period, a contractual interest of 2% per month and €25 administration fees are payable on the outstanding amount without further notice by The Contractor.

A.6.4. In the case of an untimely payment, in addition to the amount due and the interest shown thereon, the Client is liable for a full reimbursement of both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and debt collection agencies.

A.6.5. The claim for payment is immediately due in the event that the Client is declared bankrupt, applies for suspension of payment, the Client dies and, if he goes into liquidation, is dissolved or if the bankruptcy is granted.

A.6.6. In the above cases, The Contractor also has the right to terminate or suspend the implementation of the Agreement or any part of it not yet executed without notice or judicial intervention, without the Client obtaining a right to compensation.

A.6.7. All costs related to the payment, including exchange and bank charges, are at the expense of the Client.

A.6.8. Maintenance contracts will be billed in advance per year.

A.6.9. If no price has been agreed between the parties, but the parties agree that the work will be carried out on post-calculation, the price will be calculated on the basis of the production methods used and the calculation rates used.

Article A.7. Lakework

A.7.1 If, by the wishes of the Client, which can reasonably be considered by the Contractor as a modification or as a supplement to the provision of the tender or the Agreement (which also includes a delay or roll-out with respect to the Project that can be attributed to The Client), the amount of work that contractor has to carry out under this Agreement increases, then there is more work.

A.7.2 If The Contractor considers that there is additional work, it will report it to the Client as soon as possible, and ask for written approval for the execution of the proposed additional work and the offer made by The Contractor including delivery time.

A.7.3 Client will always decide on the proposed additional work within five (5) working days. The work that will be carried out in the context of accepted additional work will be written down and approved by both parties.

A.7.4 For possible expiry of the delivery times mentioned in the original offer due to additional work, the Client is responsible.

A.7.5 The provisions of these Terms and Conditions shall apply to all additional work to be carried out by the Contractor, provided that no other conditions have been agreed.

Article A.8. Liability

A.8.1 The contractor’s liability for direct damage suffered by the Client as a result of an attributable failure in the contractor’s compliance with its obligations under the Agreement, explicitly including any shortcoming in the fulfilment of a guarantee obligation agreed with the Client, or by an unlawful action of Contractor, his employees or third parties engaged by him, is limited to an amount equal to the fees owed by the Client per year (excluding VAT) per event or a series of related events. However, under no circumstances will the total compensation for direct damage exceed 25,000 euros (excluding VAT).

A.8.2 The total liability of The Contractor for damage caused by death or bodily injury or for property damage will in no case exceed EUR 500,000 per injuring event, with a series of related events being regarded as one event.

A.8.3 Contractor’s liability for indirect damages, including consequential damages, lost profits, missed savings, mutilation or loss of (operating) data and damage caused by company stagnation, is excluded.

A.8.4 In addition to the cases referred to in paragraphs 1 and 2 of this Article, the contractor shall not be liable for any damage, irrespective of the basis on which an action for damages would be based. The exclusions and restrictions referred to in this Article shall be waived if and to the extent that the damage is the result of deliberate or deliberate recklessness by the management of the Contractor.

A.8.5 The liability of The Contractor for due to attributable failure in the fulfilment of d contract arises only if the Client immediately defaults in writing, providing a reasonable time limit for remedying the deficiency, and contractor also after

that period remains attributable to the fulfilment of its obligations. The default should include the most detailed description of the deficiency, so that the Contractor is able to respond appropriately.

A.8.6 Condition for the creation of any right to compensation is always that the Client reports the damage to The Contractor in writing within 30 days of its occurrence.

A.8.7 Exempts Contractor for all claims of third parties due to liability due to a Lack in the Project/Service provided by client to a third party and which also consisted of matters, Materials or results supplied by Contractor, except if and to the extent that client proves that the damage was caused by those matters, Materials or results. Client also protects Contractor against claims concerning the non-compliance of licenses by Client and/or third parties (including Users) that fall under Client responsibility.

A.8.8 Liability of Contractor for deficiencies in third-party products and services, including software and software, is excluded.

Article A.9. Failures and force majeure

A.9.1 None of the Parties may be held to any obligation if a circumstance beyond the control of the parties and which could not or should not have been foreseen at the time of conclusion of the Agreement nullified any reasonable possibility of compliance. The parties may invoke Force majeure against each other only if the Party concerned informs the other party in writing of such an appeal to Force majeure as soon as possible after the entry into force of the defect, subject to the submission of the necessary supporting documents.

A.9.2 For example, the circumstances referred to in paragraph 1 may include: (a) failures of the Internet or other telecommunications facilities, (b) deficiencies by parties on whom Contractor is dependent in the provision of the Services, (c) indecency of business, equipment, software or Materials for which the Client has prescribed the use to Contractor, (d) the inability of one or more staff (by illness) and (e) government measures.

A.9.3 In the case of Force Majeure, the fulfilment of the relevant, and related, obligation(s) shall be suspended in whole or in part for the duration of such Force Majeure, without the parties being required to pay any compensation in this regard. The parties may invoke Force majeure against each other only if the party concerned informs the other party in writing of such an appeal to Force majeure as soon as possible after the inset of the defect, on presentation of the supporting documents.

A.9.4 In the case of Force Majeure, the party that invoked force majeure shall endeavour to ensure that the shortcoming, which is purged by force majeure, is of the shortest possible duration.

A.9.5 If a force majeure situation has lasted 30 (30) days, or as soon as it is established that the state of force majeure will last more than three months, each of the Parties shall have the right to terminate the Agreement in writing, unless the nature or extent of the failure does not justify the interim termination. In that case, what has already been achieved under the Agreement is settled proportionately, without the parties being owed anything to each other.

Article A.10. Intellectual property rights

A.10.1 All intellectual property rights on all materials developed or made available under the Project rest solely with the Contractor or his licensors. Where such a right can be poorly obtained by a deposit or registration, only the contractor has the power to do so.

A.10.2 Client must respect the rights of intellectual property of third parties and exempt contractor from any claim. Also, an investigation into the existence of such rights is not part of any agreement that Contractor concludes with its Client.

A.10.3 Client will only obtain the rights of use and powers explicitly granted in these Terms and Conditions, the Agreement or otherwise In Writing, and otherwise the Client will not reprocal or disclose the software, Services or other Materials.

A.10.4 Client only obtains a non-exclusive and non-transferable right of use in respect of intellectual property for the duration of the contract. Moving a website, for example, does not change this.

A.10.5 The Client is not permitted to remove or amend any indication of copyrights, trademarks, trade names or other intellectual property rights from the Materials, including indications of the confidentiality and confidentiality of the Materials.

A.10.6 Contractor is permitted to take technical measures, for example with passwords or encryption, to protect the Materials. If, by technical protection, the Contractor has secured the Materials, the Client is not permitted to remove or evade this security.

A.10.7 Any use, reproduction or disclosure of the Materials outside the scope of the Agreement or rights of use granted constitutes an infringement of the intellectual property of The Contractor or his licensors.

A.10.8 Van Laarhoven Websites is not liable for damages due to changes in the intellectual property of third parties made available to the Client via Van Laarhoven Websites.

A.10.9 Client will pay an immediateable fine of 5,000 euros per infringing act and 25,000 euros per intentional infringing act to The Contractor, without prejudice to the contractor’s right to be compensated for her damages by the infringement or to be allowed to take other legal action in order to terminate the infringement and/or recover the damage. After the expiry of one working day after The Client has notified the Client of an infringement, the Client is also liable for a fine of 5,000 euros per day that the infringement has not ended.

Article A.11. Processing personal data

A.11.1 If, in the performance of the Services, the Contractor will process personal data for which the Client is the responsible, Article 14 of the Personal Data Protection Act (“Wbp”) obliges contractor and client to enter into commitments with regard to the processing carried out by The Contractor, which provides guarantees regarding the technical and organisational security measures relating to the processing to be carried out. In the absence of a further, separately agreed ‘processor agreement’, the provisions in this Article will apply as

the commitments referred to in the Wbp.

A.11.2 Contractor will ensure an appropriate level of security in view of the risks involved in the processing and nature of the personal data.

A.11.3 Contractor also ensures that anyone acting under the authority of Contractor, insofar as he has access to personal data for which the Client is the responsible, only processes it on behalf of the Client, subject to different legal obligations.

A.11.4 Client guarantees that he will only enter personal data in a completely legitimate manner or otherwise make it available to The Contractor.

A.11.5 If, under a legal obligation, for example under the Wbp, the Client has to modify, delete or dispose of data stored in Contractor’s systems, the Contractor will be helpful as much as possible. The costs for the work can be billed separately.

A.11.6 Client is responsible as a responsible person within the meaning of the Wbp at all times for reporting a vulnerability and/or data breach (which includes: a breach of the security of personal data that leads to a risk of adverse consequences, or adverse consequences, for the protection of personal data) to the supervisor and/or data subjects. In order to enable the Client to comply with this legal obligation, The Contractor informs the Client within a reasonable period of time of a vulnerability and/or data breach involving personal data of the responsible person.

A.11.7 The reporting obligation shall in any case include reporting that there has been a leak. In addition, the reporting obligation shall include:

• What is the (alleged) cause of the leak;

• What the (as yet known and/or expected) consequence is, and

• What the (proposed) solution is.

Article A.12. Secrecy

A.12.1 Parties will treat information they provide to each other before, during or after the implementation of the Agreement when such information is marked as confidential or when the receiving Party knows or reasonably suspects that the information was intended to be confidential. The Parties shall also impose this obligation on their employees and on third parties engaged by them in implementation of the Agreement.

A.12.2 Contractor will not take note of data that client stores and/or disseminates through the Services of Contractor, unless this is necessary for the proper execution of the Agreement or the quality of the Project, or Contractor is obliged to do so under a legal provision or court order. In that case, The Contractor will endeavour to limit the knowledge of the data as much as possible, to the extent that this is within its control.

A.12.3 This obligation shall continue to exist after the termination of the Agreement for any reason, for as long as the far-reaching Party can reasonably claim the confidentiality of the information.

Article A.13. Changes General Terms and Conditions

A.13.1 In the case of an endurance agreement, The Contractor reserves the right to amend or supplement these Terms and Conditions and all modules thereof.

A.13.2 Amendments shall also apply to agreements already concluded, subject to a period of 30 days after publication of the change on the Contractor’s website or by electronic reporting. Changes of minor importance can be made at any time.

A.13.3 If the Client does not wish to accept a change in these Terms and Conditions, he may terminate the Agreement by this date or on the date of receipt of the termination if it is after the date of the change.

Article A.14. Dispute settlement

A.14.1 The Agreement, as well as the agreements resulting or related to it and other legal acts, shall apply only to Dutch law.

A.14.2 All disputes, including those considered by only one party as such, arising from or related to (the implementation of) this Agreement and/or the resulting or related agreements, will be settled through mediation as offered by EasyComp Zeeland (hereinafter referred to in this Article).

A.14.3 Parties are mutually committed to cooperating in dispute resolution through Mediation and undertake to bear half of the costs of mediation each.

A.14.4 Mediation consists of two phases. In the first phase, parties are investigating a possible solution in which both parties can find themselves. If this is agreed, the mediator will take the agreement into a settlement agreement. If it has proved impossible to reach an agreement acceptable to both parties in the first phase, a second phase will take place. In the second phase, the mediator will work out an agreement that binds both parties and which is also represented by the mediator in a settlement agreement.

Article A.15. Final provisions Module General

A.15.1 If any provision in this Agreement proves to be null and no, this shall not affect the validity of the entire Agreement. In that case, the parties will adopt (a) new provision(s) to replace it, which shall, as far as is legally possible, give shape to the purpose of the original Agreement and General Conditions.

A.15.2 Should disputes arising from the Agreement arise which cannot be resolved through the dispute settlement, they will be referred to the competent court in Amsterdam.

A.15.3 Information and communications on the Contractor website are subject to errors.

A.15.4 The version of any communication received or stored by the Contractor is considered authentic (including log files), subject to rebuttal provided by The Client.

A.15.5 In order to promote its services, Contractor is entitled to demonstrate to third parties which Projects it delivers to The Client, unless the reasonable interests of the Client make this unacceptable or written otherwise agreed.

A.15.6 Contractor has the right at all times to involve third parties in the implementation of the Agreement.

A.15.7 Contractor and Client may transfer their rights and obligations under the Agreement to third parties, provided that the other party agrees in writing prior to the transfer.

ModuleB. Development (web) applications

Article B.1. Delivery & acceptance

B.1.1 Contractor endeavours to deliver the Materials to the Client in accordance with the Specifications for acceptance.

B.1.2 When the Materials have been delivered to the Client for acceptance, the Client will submit them to an Acceptance Test at his own expense and under his own responsibility during the acceptance period of one week. By acceptance, the Client grants decharge to Contractor in respect of all its obligations in relation to the Results.

B.1.3 If the Client does not reject the Materials (in whole or in part) within the period referred to in paragraph 2, they shall be deemed to have been accepted and delivered.

B.1.4 Client is also presumed to have accepted the Materials if the Client has entered into service of the Materials or if the Client has not communicated in writing to the Contractor within ten days of delivery that and for what reason(s) he does not accept the Materials.

B.1.5 If Materials are not accepted, The Contractor will specify what adjustments will be made, including the corresponding time or any costs. The client will then indicate whether he agrees with the said adjustments and the corresponding time and costs or whether he waives the disapproval. The contractor will endeavour to remedy the defects identified and reproducible by the Client within the time limit agreed by the parties, and in the absence of them within a reasonable period of time.

B.1.6 Adjustments following a rejection of a Material can take place in a production environment or on an acceptance environment. This is for the choice of Contractor.

B.1.7 If the Client has accepted the Results (with the exception of Defects in Functionalities and External Defects; Minor Defects), the warranty period of 30 days will enter into force. Within this period, the Results will be accepted, but it is possible to report Defects that could not reasonably have been discovered during the Acceptance Test. Contractor will specify and supplement any Defects with the expected time and, if the Defects are not easy and within 30 days to remedy, any additional costs for adjustment of those parts. This guarantee period therefore does not count as an extended Acceptance Test and does not give more guarantees than is provided for in this paragraph.

B.1.8 Minor Defects, which are calculated Deficiencies which are not reasonably in the way of their nature and/or number of commercial commissioning of the Materials, will not be a reason to abstention from acceptance, without prejudice to the obligation of the Contractor to repair such Defects. The parties shall enter into consultations with each other to this end.

B.1.9 If the Project is carried out in stages, the Client must give the approval or disapproval of the Materials of that phase after delivery of each phase and the above procedure shall also apply. The client may not base a good or disapproval of the Materials of a later stage on matters approved at an earlier stage.

B.1.10 Contractor has the right to wait for the start of a new phase until The Client has explicitly accepted the old phase.

B.1.11 Contractor does not guarantee that what client intends to achieve with the works to be developed or developed by the Contractor is actually achieved.

B.1.12 Contractor strives to develop and make available as well as possible in its products/works as well and as error-free as possible.

B.1.13 Contractor is entitled to set up temporary solutions, limiting certain functionalities to avoid serious errors.

B.1.14 Contractor may use the (web) application of Client for promotion and/or publicity, unless otherwise agreed.

B.1.15 Client is required to provide an empty web hosting environment.

B.1.16 The material to be delivered by the Client consists of directly usable text, images, sound and/or video images in a common file format, unless otherwise agreed in writing.

B.1.17 Unless otherwise agreed, Contractor is not responsible for the placement of content.

B.1.18 Changes to the content or functionality, contrary to previously agreed, are calculated on the basis of post-calculation at the current rate.

B.1.19 Contractor uses certain open source systems on the Internet, as a basis for a website or web store, namely: WordPress and Joomla! Contractor is not responsible for any changes, modification or updates made by the above mentioned companies, resulting in the loss of data, data and formatting of the website or web store.

B.1.20 Other hazards arising from improper maintenance by the above mentioned companies, such as hacking websites c/q web store cannot be coured on Contractor.

B.1.21 With an update and maintenance subscription, we are working on the version of the WordPress or Joomla that is currently being equipped! Cms. A major upgrade to a new version of the CMS can be performed at the current rates.

B.1.22 After signing an agreement with Contractor, passing it orally, or submitting an assignment by email, it is not possible to change template and/or design free of charge.

Progress

B.1.23 Client and Contractor agree by mutual agreement the phases, delivery dates and deadlines specific to the Project, for example in the Tender or the Agreement.

B.1.24 Contractor keeps client informed of the progress of the Project at least once a fortnight by e-mail, telephone or via the project management system.

Article B.2. Specifications & (source) materials

B.2.1 Parties will specify in writing which works will be developed, what requirements they must meet and how this will be done. Contractor will carry out the development with care on the basis of the data to be provided by the Client. The client is in a state of responsibility for the accuracy, completeness, consistency and timeliness of his instructions and data.

B.2.2 A Written specification as referred to in Article 3.1 is not required if the Client has expressed a desire to offer the Contractor a high degree of freedom in the development of works and the way in which this takes place. If the development has taken place in this way, the Client cannot subsequently rely on written Specifications that Contractor has not agreed to.

B.2.3 Contractor is entitled, but not obliged, to examine the accuracy, completeness or consistency of the materials, requirements or specifications made available to him and, if any imperfections are found, to suspend the agreed work until the Client has removed the relevant imperfections.

B.2.4 If materials provided by the Client to Contractor are protected by any right of intellectual property, the Client shall at all times ensure that he has all the licenses necessary for the provision and use of the contractor under the Contract.

B.2.5 Unless otherwise agreed, Contractor has the right to use third-party images, software and components, including open source software, in the development of the works. After delivery, the responsibility lies on the correct compliance of the relevant third-party licenses when using the developed works at Client. Costs associated with the licenses, which are necessary for the implementation of the Agreement, will be charged to the Client.

B.2.6 Client is responsible for keeping his own applications, Services and infrastructure up-to-date for interoperability with the products and the Service of Contractor. This is in connection with any links. Applications may not work properly if they don’t.

B.2.7 Contractors are not indestructible to the Project/deServices if the unusability is caused by the Client not migrating in a timely manner (at the direction of Contractor) to current standards or using standards that are no longer supported in the industry. A standard introduced 24 months ago is no longer considered current by Contractor. This liability exclusion also applies if the Client works with a version of an Internet browser whose use and support is no longer self-evident due to the appearance of a new version of that Internet browser.

Article B.3. Development license terms

B.3.1 Contractor grants the Client the right to multiply and distribute developed Materials for the purposes intended by the Client in entering into the Agreement.

B.3.2 Contractor thus never transfers any intellectual property rights (such as copyright) to the Client, unless expressly agreed otherwise in writing.

B.3.3 The source code of software supplied by Contractor, not being open source software, and the technical documentation produced in the development of the software may and will never be made available to the Client, nor may the Client make any changes to it, unless expressly agreed otherwise in writing.

B.3.4 Contractor grants the Client the non-exclusive right to use the Service/software developed for the benefit of the Client. The client will always comply with the user restrictions agreed between parties. The right of use provided is not transferable.

B.3.5 It is not permitted to sell, rent, sublicent, dispose of or grant limited rights to the developed works to the client or to make available to a third party in any way or for any purpose, even if the third party in question uses the software exclusively for the benefit of the Client, unless written has been agreed otherwise or in combination with and in combination with a sale of the relevant business units or activities of Client.

ModuleC. Hosting/SaaS

Article C.1. Implementation

C.1.1 After the conclusion of the Agreement, The Contractor will implement the Service as soon as possible in accordance with the tender, taking into account reasonable wishes of the Client.

C.1.2 The Agreement determines when Contractor will start installing and managing the (web) application.

C.1.3 Contractor strives to ensure that the (web) application is configured and managed to the best of its ability, using sufficient care and craftsmanship.

C.1.4 Client is required to do all that is necessary to enable a timely and correct installation of the (web) application. In particular, the Client ensures that all data and facilities, which Contractor indicates are necessary or which the Client reasonably should understand are necessary for the installation of the (web) application, are made available to The Contractor in a timely manner.

Article C.2. Duration of agreement

C.2.1 The Agreement is entered into by The Client for a minimum period of twelve (12) months. The Agreement shall be continued for an indefinite period. After the end of the minimum period, the Agreement may be mutually denounced subject to a period of notice of at least two (2) months. The termination of the Contract by the Client or Contractor must be done in writing.

Article C.3. Conduct

C.3.1 Client refrains from storing and/or (doing) dissemination of material in violation of provisions of Dutch law, including in any case but not exclusively understood material that is defamatory, defamatory, racist, discriminatory or hateful, erotic or pornographic, unless explicitly permitted in the tender infringes third-party rights, including, in any case but not exclusively understood copyrights, trademark rights and portrait rights, constitutes a violation of the privacy of third parties, including, in any case but not exclusively, the dissemination of third-party personal data without consent or necessity, or the repeated harassment of third parties with unwanted communications, hyperlinks, torrents or similar information that The Client knows or should know about. , contains unsolicited commercial, charitable or ideal communications, or contains malicious content such as viruses or spyware.

C.3.2 Client refrains from obstructing or harming other Clients or Internet users to the contractor’s servers. The Client is prohibited from starting processes or programs, whether or not via the server, which the Client knows or can reasonably suspect that this hinders or harms contractor, other Clients or internet users. Contractor will inform the Client of any measures.

C.3.3 In addition to the obligations of the law, damages caused by incompetence on the part of the Client or the failure by the Client to act in accordance with the above points are on behalf of the Client.

C.3.4 In order to prevent these aforementioned problems such as damage and security risks, The Contractor is entitled at his discretion to limit the management possibilities of the Client to such an extent that the management is carried out in its entirety by Contractor.

Article C.4. License

C.4.1 Client hereby provides Contractor with an unlimited license to distribute, store, transmit or copy all Materials supplied by the Client to the Services of Contractor in any manner deemed suitable by Contractor, but only to the extent that this is reasonably necessary for the purposes of the fulfilment of the Contract by Contractor.

Article C.5. Protection

C.5.1 Client clears Contractor of all legal claims of third parties regarding the use of the Services by Client. Contractor is not responsible for the data/Services/software that are called by means of a link.

C.5.2 If, on the basis of a competent order given by a public authority or in connection with a legal obligation, the Contractor has to carry out work relating to data of the Client, his employees or Users, all associated costs will be charged to the Client.

C.5.3 Subject to intent or gross negligence, The Contractor is not liable for indirect damages such as consequential damages, damages of business and/or other forms of indirect damage and damage resulting from liability to third parties, is excluded.

C.5.4 The liability of The Contractor will at all times be limited to the charge or still to be charged to the Client.

C.5.5 The Client is required to safeguard the Contractor or to compensate him in relation to all claims by third parties for compensation of damages, for which the liability of the Contractor in these conditions in the relationship with the Client is excluded.

C.5.6 Contractor is not liable for damages of any kind because it is based on incorrect and/or incomplete information provided by the Client and/or third parties, unless such inaccuracy or incompleteness should have been known to the Contractor.

C.5.7 Contractor uses services and/or products from

Third parties. Contractor is not liable for the consequences of events at a hosting provider, domain name registrant or others over which Contractor cannot exercise influence.

C.5.8 Contractor is not liable for price changes made by the hosting providers or third parties.

C.5.9 Contractor is not liable for the consequences of registering (with personal data) of domain name and hosting with a hosting provider and/or domain name registrant.

C.5.10 Contractor is not liable for inaccuracies in third-party advertisements that offer or tout the Servicer’s services to its customer base.

C.5.11 Contractor uses third-party software and services in the provision of its services. Van Laarhoven Websites is not responsible for the no longer (partially) correct functioning of the delivered services to Client due to changes made by the Client or the owner of the third-party software and/or services used.

C.5.12 The Internet is constantly subject to improvement and change, which is sometimes considered necessary by the rights holders of the third-party software or services referred to in these terms to make changes to their software or services (updates). Indirect or directly made changes to the delivered services of Contractor are always outside the responsibility of The Contractor after completion. Contractor is of course willing to make changes or updates at the applicable hourly rate on behalf of the Client.

C.5.13 If the Client chooses exclusively to house the hosting with Contractor without a maintenance subscription then Contractor is not responsible for updating the CMS, plug-ins, modules and PHP versions. Other hazards arising from improper maintenance such as hacking websites or online stores cannot be identified on Contractor.

C.5.14 Contractor does not guarantee high positions within search engines as a result of the SEO work that may have been carried out.

Article C.6. Service and availability

C.6.1 All Contractor’s services are carried out on the basis of an effort obligation, unless and to the extent that the Contractor’s Written Agreement expressly promises a result and the result in question is also adequately defined.

C.6.2 The electronic transmission of client data in the context of the Services, in any way, is carried out for the risk and account of the Client.

C.6.3 Contractor is never required to deliver the remotely available applications to client on a physical data carrier (e.g. CD or USB‐stick).

C.6.4 If the Services are (partly) provided via Service and/or Contractor networks, The Contractor will endeavour to ensure that there is as little downtime as possible.

C.6.5 Contractor does not guarantee the exact amount of uptime, unless otherwise agreed in the tender by means of an SLA designated as such. To the extent that an applicable SLA is not otherwise specified, this article applies.

C.6.6 Subject to rebuttal, the availability and service level measured by The Contractor will be regarded as complete proof.

C.6.7 Contractor will make efforts to ensure that the Client can make use of the networks that are directly or indirectly connected to the Contractor’s network. However, contractor cannot guarantee that these networks will be available at any time. The use of third-party networks may be subject to legal and contractual conditions. Contractor will make an effort to inform the Client about this in a timely manner.

C.6.8 If, in the opinion of The Contractor, there is a risk to the functioning of the Service or the Contractor’s network or third parties’ network and/or the provision of services over a network, in particular by excessive transmission of e-mail or other data, poorly secured Services or activities of viruses, trojans and similar software, The Contractor shall be entitled to take any measures it reasonably deems necessary to prevent this.

C.6.9 Contractor has the right to temporarily de-demission the Services or parts thereof for the purposes of its maintenance, adaptation or improvement. The contractor will try to make such a decommissioning take place as much as possible outside office hours and will endeavour to inform the Client of the planned decommissioning in a timely manner. However, the contractor has never been required to compensate for damages incurred in connection with such decommissioning, unless written explicitly agreed otherwise, for example in an SLA.

C.6.10 Only if a written express agreement is that The Contractor is required to have a swerve centre or other swerve facilities.

C.6.11 Unless otherwise stipulated by the Agreement, Contractor is not required to make backups of data stored by Client on Contractor Services. Any backups made may be destroyed at any time after the Agreement has been terminated. It is the responsibility of the Client to request a backup in case of termination or dissolution.

Article C.7. Changes

C.7.1 Contractor is entitled to adapt the applications made available at its discretion during the term of the Agreement. If an adjustment leads to a significant change in functionality, Contractor will endeavour to inform the Client. Only if this is technically possible and would not require a disproportionate effort from Contractor, the Client can continue to use an earlier version of the application on request. Contractor may charge additional fees to provide that possibility.

Article C.8. Storage and data limit

C.8.1 Contractor can set a limit on the amount of storage space or data traffic per month that Client may use in the context of the Services. The client will not exceed the limits unless the Agreement expressly regulates the consequences. If this maximum is exceeded, The Contractor shall be authorised to charge an additional amount, in accordance with the amounts for additional data traffic specified in the Agreement. If no storage and/or data limit is agreed, the fair use policy of Contractor applies.

Article C.9. Post-termination procedure

C.9.1 Contractor will ensure that, upon termination of the Agreement, the Client is given a reasonable opportunity to transfer the client’s data stored in the Contractor’s systems back to their own systems or to the systems of a new provider. For this purpose, The Contractor will endeavour to be able to offer the data in a common file format.

ModuleD. Hardware

Article D.1. Delivery and ownership

D.1.1 Hardware has been delivered to the Client if it has been delivered to the delivery address provided by the Client at the contract and this delivery has been accepted by the Client.

D.1.2 Client is required to check for defects when delivering the Hardware, as far as reasonably possible at that time.

D.1.3 The ownership on the Hardware passes from the Contractor (or its suppliers) to the Client at the time of delivery to the delivery address provided by the Client at the contract, but only if the Hardware has been paid in full by the Client.

Article D.2. Warranty

D.2.1 Contractor, after delivery for 1 year after delivery, is responsible for the operation of the delivered Hardware in accordance with the specifications previously disclosed to the Client and is hereonible by the Client.

D.2.2 If the manufacturers of the hardware supplied have specific warranty arrangements that exceed the warranty issued by The Contractor, they will retain their validity and the Contractor will remain responsible for the correct handling of Hardware covered by that warranty scheme.

D.2.3 The guarantees issued by Contractor and manufacturers do not detract from the statutory guarantee period, which applies to the Hardware.

D.2.4 The warranty on Hardware will be voided if there are unauthorized changes, failure to comply with the instructions for use or other careless use of the Hardware by the Client.

D.2.5 If the Client uses the warranty scheme within the time limits and regulations, the Contractor will endeavour to ensure the repair of the Hardware or replacement Hardware as soon as possible, but no later than 30 days after the correct receipt of the returned Hardware.

D.2.6 Contractor is not liable for the loss of data resulting from the repair or replacement of Hardware.

Article D.3. Return D.3.1 c.

D.3.2 If there are costs associated with the return under the guarantee scheme, they are at the expense of the Client.

ModuleE. Telecom

Article E.1. Implementation

E.1.1 After the conclusion of the Agreement, the Contractor will implement the Service as soon as possible in accordance with the tender, taking into account reasonable wishes of the Client.

E.1.2 Contractor may, if desired and for a fee, supply equipment for the use of the Service. After delivery, the client is responsible for this equipment and its configuration at all times.

E.1.3 The Client is not permitted to subcontract or otherwise make available to third parties the Service as referred to in this module, without the written consent of the Contractor.

Article E.2. Duration of the agreement

E.2.1 The Agreement is entered into by The Client for a minimum period of twelve (12) months. After this, the Agreement is tacitly extended for 12 (12) months each, until the time of revocation.

E.2.2 The Agreement may be terminated by the Client by the end of the period, subject to a notice period of at least one (1) month. For Contractor, there is a notice period of three (3) months.

E.2.3 The termination of the Contract by the Client or contractor must be done in writing.

Article E.3. Service and availability

E.3.1 All Contractor’s services are carried out on the basis of an effort obligation, unless and to the extent that the Contractor’s Written Agreement expressly promises a result and the result in question is also adequately defined.

E.3.2 Contractor does not guarantee the exact quantity of availability, unless otherwise agreed in the tender by means of a Service Level Agreement (SLA) designated as such. To the extent that an applicable SLA is not otherwise specified, this article applies.

E.3.3 Subject to rebuttal, the availability and service level measured by The Contractor will be regarded as complete proof.

E.3.4 Contractor will endeavour to ensure that the Client can make use of the networks that are directly or indirectly connected to the Contractor’s network. The use of third-party networks may be subject to legal and contractual conditions. Contractor will make an effort to inform the Client about this in a timely manner.

E.3.5 The availability and quality of the Service depends in part on a number of external factors, including the Client’s Internet connection if, for example, a VOIP service is reduced. The contractor should follow the guidelines of the Client with regard to these external factors.

Article E.4. Maintenance

E.4.1 Contractor has the right to temporarily de-demission the Services or parts thereof for the purposes of its maintenance, adaptation or improvement. The contractor will try to make such a decommissioning take place as much as possible outside office hours and will endeavour to inform the Client of the planned decommissioning in a timely manner. However, the contractor has never been required to compensate for damages incurred in connection with such decommissioning, unless written explicitly agreed otherwise, for example in an SLA.

E.4.2 Only if a written express agreement is that The Contractor is required to have a swerve centre or other swerve facilities.

E.4.3 Contractor is entitled to change the operation and technical specifications of the Service at all times in the interest of the continuation of the Service. Unless this is not reasonably possible, Contractor will inform the Client of these changes in good time. The contractor is not liable for the damage resulting from the changes in question.

Article E.5. Consumption and costs

E.5.1 Client will use the Service in a proper way. If agreed, The Contractor is entitled to charge the Client excessive use of the Service.

E.5.2 Contractor can set a maximum of the amount of calling minutes that Client may use per month in the context of the Service. If this maximum is exceeded, the Contractor is entitled to charge additional (consumption) costs, in accordance with the additional calling minutes specified in the tender.

E.5.3 Additional calling minutes or additional costs associated with the Service will be charged separately and specified monthly to The Client.

E.5.4 If no limit has been set by Contractor on the amount of calling minutes that the Client may use per month under the Service, a ‘Fair Use Policy’ applies. In this case, a real amount of call minutes will be determined on the basis of the average consumption across all customers. If the Client exceeds that quantity several times, the Contractor will contact the Client to arrive at a reasonable solution, for example a higher rate.

E.5.5 Contractor has the right to change the costs of using the Service from time to time. Changes will be at least 30 days in advance and Written announced to Client. Price increases of 3% or less, contractor can carry out up to once a year without the agreement of the Client in the month of January. With price increases of more than 3%, Client

the right to terminate the Agreement by the date on which the new prices will enter into force. Contractor will announce price changes to The Contractor 30 days before entry into force.

Article E.6. Number management

E.6.1 The client has the option to choose a new telephone number for the benefit of the Service, whether or not bound to a geographical area, or to bring a telephone number from an agreement with a third party.

E.6.2 For the purpose of carrying out number retention, the Client follows, as far as possible, the instructions of the Contractor. The contractor is not liable for cancelling current contracts with a third party in relation to the telephone number in question.

E.6.3 The client declares, where applicable, to use the geographical telephone number only in the geographical area for which this number is intended. Client clears Contractor of all possible consequences in not complying with this.

E.6.4 If, in the event of proper operation of the Service or compliance with laws and regulations, the Contractor deems this necessary, he is entitled to change the telephone number of the Client. The contractor will take into account the interests of the Client as much as possible. However, Contractor is not required to pay any damages as a result of the change.

E.6.5 Upon termination of the Agreement, the telephone number of the Client will expire, unless the Client uses number retention and the telephone number is provided to a third party.

Article E.7. Personal data

E.7.1 Personal data are processed in the context of the implementation of the Agreement. These personal data are necessary for the proper functioning of the Service. The personal data in question will not be provided to third parties unless this is necessary for the implementation of the Agreement or is required under the law.

E.7.2 Contractor does not store personal data for longer than necessary and shall ensure appropriate technical and organisational security measures to protect personal data from improper access and use.

E.7.3 Contractor will cooperate with the requests directed to him from competent (government) authorities to issue the personal data or to give (real-time) access to the telephone traffic of the Client.

E.7.4 The provision of Articles A.11.6 and A.11.7 shall apply mutandis.

EasyComp Zeeland Privacy Statement

Version 2018

The following privacy policy applies to all site visits, transactions and agreements with EasyComp Zeeland, Vlissingsestraat 50 B, 4331 KW Middelburg Zeeland.

Purposes of use

In order to be of optimal service to you, easycomp zeeland needs to store your data in certain cases. EasyComp Zeeland uses your personal data for:

  • The execution of agreements, transactions and services;
  • Relationship management;
  • Product and service development;
  • Defining strategy and policy;
  • When visiting the website, no personal data will be collected by us without your permission. We do record data that does not contain personal information. This is to gain insight into how our website is used.
  • It may happen that certain parts of our website ask for personal data, for example if you want to use a specific service. This information will be used by us exclusively for the purpose described.
  • When sending forms, the IP address is also noted. This is in order to be able to check, where appropriate, whether personal data is being used improperly.
  • Provision to third parties
  • Your personal data will not be provided to third parties without your express consent provided that it is necessary to perform a relevant contract, provide a particular service or where required by law.
  • Data security

EasyComp Zeeland uses careful security procedures for the protection of processed data, including to prevent unauthorized persons from inadvertently accessing this data.

We protect your data by all means, but due to the public nature of the Internet, we cannot always guarantee the security of the transmission of information over the Internet 100%.

Cookies
EasyComp Zeeland uses cookies for a visitor analysis. We use these analyses to keep track and get reports on how visitors use the website and/or services. The information that the analysis collects is anonymised as much as possible. Your IP address is emphatically not provided.
Links to other websites
Our internet pages contain links to other websites. EasyComp Zeeland is not responsible for the privacy policy of websites that are not under the management of EasyComp Zeeland.

Access
You may ask EasyComp Zeeland for access to the data stored of you. You can also ask EasyComp Zeeland to change, supplement or delete this information. You can do this by contacting us via the contact tab.
EasyVoice Telecom
EasyVoice by EasyComp Zeeland & EasyVoice Telecom are ACM registered as: Provider Public Electronic Communications Services under number: 944009
EasyVoice by EasyComp Zeeland & EasyVoice Telecom are ACM registered as: Provider Public Electronic Communications Network under number: 944010
EasyVoice Telecom is a trade name of EasyComp Zeeland and is registered with the KvK in Middelburg under number: 77164067

  1. Our prices include VAT, excluding additional costs such as shipping and delivery costs and charges such as removal fee or copy levy. These will also be mentioned in good time before the conclusion of the agreement.
  2. During the period of offer, the prices of the products/services offered will not be increased, except where they are the result of legislation (this includes, for example, the increase in the VAT rate).
  3. If there is a price increase from 3 months after we have concluded the agreement with you, you can terminate this agreement as of the day the price increase takes effect.
  4. An exception applies to prices that are related to fluctuations in the financial market over which we have no influence. In that case, we can offer variable prices, but if that is the case, we will mention in the offer that these are target prices that are tied to the fluctuations in the financial market.

Article 4. Payment

We offer various payment methods, which may vary from time to time. If you pay, you will receive an invoice from us.
Like you, we have our payment obligations. If you postpone your payment, we will be subject to a charge. If permitted by law, we may charge you the damage we suffer as a result (loss of interest and reasonable costs to collect the outstanding amount).

Article 5. Delivery and execution

  1. Of course, we strive to deliver at the latest by the agreed time. This will be done as soon as possible but no later than 30 days, unless a shorter or longer delivery period has been agreed. If it is delivered too late, and there is no force majeure, then you as a buyer – when it has been agreed that you would pay at the same time on delivery – have the right to postpone the payment until delivery has been made. If you wish, you can terminate all or part of the purchase agreement in the event of late delivery, except where the seriousness of the overrun of the delivery period does not justify it.
  2. Delivery is made at the address you have passed on to us. If delivery is delayed, or if an order or service cannot be performed or only partially executed, you will be notified as soon as possible. The deadline for this is 30 days after you have concluded the (purchase) agreement. After this period, you have the right to terminate the contract without cost and to be entitled to any compensation.
  3. After dissolution, we will refund the amount you have paid as soon as possible, but no later than 14 days after dissolution.
  4. If the delivery of a separately ordered product proves impossible, we will do our best to provide you with a replacement item. This will be reported in a clear and understandable manner at the latest at the latest upon delivery. It’s about a remote purchase (see Article 10), you can still use your right of withdrawal. The cost of return will be on our account in that case.
  5.  The risk of damage and/or disappearance of products rests until the time of delivery to you or to a third party designated by you, with us, unless you have chosen a delivery method that we do not offer by default.

Article 6. Warranty

All our new products have a minimum of a full two-year warranty. Except for this are batteries, for which a different warranty period may apply.
Manufacturers or importers of products or certain components (such as the hard disk) may offer their own warranty.

Even if you want to make an appeal for such a guarantee, you can contact us. As a seller, we therefore remain your point of contact at all times.

We make you aware that warranty rights can be forfeited if you make changes to the products supplied (both hardware and software).

Article 7. Conformity

We guarantee that our products and services comply with the (purchase) agreement, the specifications set out in our offer, the reasonable requirements of soundness and usability and the legal provisions and government regulations existing on the date of the conclusion of the (purchase) agreement. Any guarantees referred to in Article 6 shall not affect the duty referred to in this Article.

Article 8. Privacy control

We attach great importance to a clear and transparent privacy policy and the following rules apply:

only those personal data are collected that are necessary to maintain and improve our service to the customer;
your personal data will be processed, stored and managed in accordance with applicable privacy laws;

all other information that our employees face will be treated strictly confidentially (documents, emails, etc.). Exceptions are those cases where the law requires us to pass on data to competent authorities.

As a consumer, you are entitled to access your personal data. We will send you this information no later than two weeks after your request for access. At your request, we will modify or delete your data if necessary and there is no legal provision requiring the data to be retained.
In our privacy statement, we indicate what data we receive from you and how and why we collect this data.

Article 9. Retention

We will keep the property for as long as the purchase has not been paid in full. On our repair orders, we give the clearest possible description of the items you offer for repair, so that your property rights are not at stake if the repair company goes bankrupt while your items are there just at that time.

Article 10. Buy remotely

In the case of a so-called remote agreement, usually called remote purchase (e.g. an order from an online store), there are special additional rules that we have included separately in this article.
There is talk of a distance purchase when it comes to a purchase agreement where there is no direct contact between seller and consumer. Popularly said: without both being in the same room. This therefore applies not only to purchases via the Internet (online shops), but also telephone or written orders are covered by the concept of remote buying.

The most important part of a remote purchase is that the consumer has a cooling-off period of 14 days, (starting with on the day after delivery,) has to fore the purchase. Within that time, he can use his right of revocation, the right to dissolve the sale.

Article 10a. Information

The information you receive prior to the purchase is such that you can properly assess the offer, for example by images that are a true representation of the products. The information is clear and understandable and also quickly and easily (timely before the conclusion of the agreement) can be found on our website.

In addition, you will receive clear information about your rights and obligations, such as:
– the total price to be paid, including all additional costs (these are also listed separately), including, for example, a possible home copy charge or delivery fee;
– the way in which the agreement is concluded;
– whether or not the right of withdrawal applies, how you use the right of withdrawal, the model form for withdrawal, but also who bears what costs if the right of withdrawal is used;
– the method of payment, delivery or implementation of the contract;
– the period for the price or possibility of accepting the offer;
– the rates you have to pay if you want to contact us, if this is different from the basic rate. If you are already a customer and are seeking contact about the contract concluded, the rate will never be higher than the basic rate;
– access to the data we have stored about you;
– the minimum duration of the distance contract in the matter of a continuous or periodic delivery of products or services. In addition, the total price and the total cost per billing period are listed. If such an agreement is subject to a fixed rate, the total price also includes the total monthly fee.

In addition, you will receive the following information:

a. our visiting address, where a complaint may be lodged;
b. the way in which you can use your right of withdrawal; (c) information on existing service after purchase and guarantees;
(d) the information referred to above in 10a and under Identity;
(e) the conditions for denunciation of the agreement.

This information is also clear and understandable and can be found quickly and easily on our website before the agreement is concluded

After the conclusion of the agreement, but no later than the delivery of the product or service, you as a buyer receive all the information mentioned in 10a in such a way that it can be easily stored by you on a durable data carrier, as legally called. A durable data carrier is a means of preserving information so that you can read it again later, such as a CD, PDF file, or a document that can be printed. An e-mail is also seen as a durable data carrier. If you have already received the information in this way before concluding the agreement, this is sufficient and does not need to be provided again.

Article 10b. Creation, confirmation and security

An agreement is reached at the time of offer and acceptance. (This means that one party offers something for a certain price (“this laptop costs â’ € 350.00”) and the other says yes to it.)
An order is placed (the offer is accepted) if you go through the order process and finally place the order by activating the final order button. Once you have placed an order, you will receive a confirmation from us. This can be by email, text message or otherwise. As long as this has not been done, you can still forgo the purchase by rescinding the agreement.

When you order over the Internet, we ensure security of the exchanged data and a secure web environment.

Article 10c. Cooling-off period for delivery of products (right of withdrawal)

 

  1. When purchasing products, you as a consumer have a cooling-off period of 14 days. The cooling-off period starts the day after you receive the product or that it was done on your behalf.
    Or:
    – if you have ordered multiple products in©© one order: the day you, or a third party you designated, received the last product from that order
    – if the delivery of a product consists of several consignments or parts: the day on which you, or a third party you have designated, received the last consignment or the last part;
    – in the case of regular product delivery agreements for a certain period of time, such as a magazine every month: the day on which you, or a third party designated by you, received the first product. During that period, you have the option to terminate the agreement without having to give a reason. You can use the model form for withdrawal or let us know in any other clear way that the agreement will be terminated. If the communication is made online, we will confirm the receipt of it. Within 14 days of the withdrawal, you must return the products. This is called the right of withdrawal.
  2. During the cooling-off period, you should be careful with the product and the packaging. This means that you will only unpack or use the product to the extent necessary to assess whether you want to keep it. If you use your right of withdrawal, you should return the product with all the accessories provided and — if reasonably possible — in its original condition and packaging. We will give you clear information on how to do this.
  3. You are only liable for impairment resulting from a way of dealing with the product that goes beyond the permitted in paragraph 2. We are entitled to offset the depreciation against the amount to be recovered by you.
  4. If you use your right of withdrawal, you will have to pay the costs of return at most. If this is not possible by regular mail, we will make an estimate of the costs for you. If we take care of the return costs, we will clearly state that.
  5. Any other costs you have already paid, we will refund you as soon as possible, at least within 14 days of the withdrawal. We are entitled to wait for a refund until we have received the products or until you have demonstrated that you have returned the products.
  6. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to pay back the additional costs for the more expensive method.

Article 10d. Cooling-off period when delivering services and digital products

  1. In the case of the provision of services and an agreement for the provision of digital content that is not delivered on a material medium, you as a consumer have a cooling-off period of 14 days. The cooling-off period shall start on the day the agreement is entered into. During that period, you have the option to terminate the agreement without having to give a reason. This is called the right of withdrawal.
  2. To use your right of withdrawal, we will give you clear information on how to do this, including with our offer, or at the latest on delivery. You can use the model form for withdrawal to let us know in another clear way that the agreement will be terminated. If the communication is made online, we will confirm the receipt of it.
  3. If you revoke the provision of a service after having previously requested explicitly during the cooling-off period, we may charge the amount commensurate with that part of the contract that we have already complied with/delivered.

Article 10th. Right of withdrawal

Sometimes there is no right to withdraw for you as a consumer, but that must be stated by us clearly and before the contract is concluded. These include:

  • Products or services whose price is tied to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period.
  • Agreements concluded during a public auction. Products purchased at an internet auction are not covered in principle. However, this is subject to the right of withdrawal.
  • Services provided, but only if:
    – implementation has begun with express prior agreement from you; And
    – you have stated that you will lose your right of withdrawal after we have fully implemented the agreement within the cooling-off period.
  • Products made on the basis of your specifications, which are not prefabricated and manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life.
  • Sealed products that are not suitable to be for reasons of health protection or hygiene
    returned and whose seal has been broken after delivery.
  • Products which, by their very nature, are irrevocably mixed with other products after delivery.
  • Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
  • Loose newspapers, magazines or magazines, with the exception of subscriptions to them.
  • De delivery of digital content other than on a material medium, but only if:  implementation has begun with your express prior consent; and – you have stated that you will lose your right of withdrawal

Article 10f. Payment

For any consumer purchase, a prepayment of more than 50% may never be requested in terms of terms and conditions and that, insofar as nothing else has been agreed, the buyer (the rest of) pays the purchase price at or after delivery of the order. Full prepayment may be offered as a payment method, provided there is only one other option where you (at least 50%) can pay on or after delivery.

Article 10g. Cancellation

An order may be cancelled free of charge if it has not yet been shipped, except in the range of products and/or services that are excluded from the right of withdrawal.

Article 11. Complaints and complaints period

Because we want to provide our customers with an optimal service, we think it is important to hear from you if you have any complaints about our services. Do this — in order to limit any damage — as soon as possible. According to the law, a complaint is made known in time if this is made within two months of discovery. This also applies in the event that the purchased product does not have the properties that you could expect under the purchase agreement. It is in your interest to make your complaints known in writing.

If you make a complaint to us, it will be answered within 14 days at the latest. If we need more time, we will let you know within 14 days when you can expect an answer.

Article 12. Disputes

1. The agreements to which these general terms and conditions relate shall be subject only to Dutch law.
EasyComp Zeeland offers an ingsing opportunity that consumers can make use of by filling in the contact on www.EasyCompZeeland.nl. Among the conditions:

the issue has been discussed with the EasyComp Zeeland participant concerned and the company’s complaints procedure has been completed;
it must be an ICT product or service covered by the characteristic ICT activities of the EasyComp Zeeland department(s) to which the participant was affiliated at the time the problem arose; the company is a certified participant at the time you submit your mediation application;

no other party has been called in to find a solution. The full terms and conditions can be found on www.EasyCompZeeland.nl.

Article 13. Additional provisions

Apart from the 13 articles of this standard set of easycomp zeeland terms and conditions, we may apply additional or different provisions. These are then added to these conditions under the heading “Supplemental provisions. These additional provisions should not be to the detriment of the consumer.