{"id":1480,"date":"2025-07-07T22:46:16","date_gmt":"2025-07-07T20:46:16","guid":{"rendered":"https:\/\/hostingforall.nl\/general-terms-and-conditions\/"},"modified":"2026-03-06T10:19:59","modified_gmt":"2026-03-06T08:19:59","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/hostingforall.nl\/en\/general-terms-and-conditions\/","title":{"rendered":"general terms and conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"1480\" class=\"elementor elementor-1480 elementor-1154\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-d57073c e-flex e-con-boxed e-con e-parent\" data-id=\"d57073c\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;background_background&quot;:&quot;gradient&quot;,&quot;shape_divider_bottom&quot;:&quot;waves&quot;}\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-shape elementor-shape-bottom\" aria-hidden=\"true\" data-negative=\"false\">\n\t\t\t<svg xmlns=\"http:\/\/www.w3.org\/2000\/svg\" viewBox=\"0 0 1000 100\" preserveAspectRatio=\"none\">\n\t<path class=\"elementor-shape-fill\" d=\"M421.9,6.5c22.6-2.5,51.5,0.4,75.5,5.3c23.6,4.9,70.9,23.5,100.5,35.7c75.8,32.2,133.7,44.5,192.6,49.7\n\tc23.6,2.1,48.7,3.5,103.4-2.5c54.7-6,106.2-25.6,106.2-25.6V0H0v30.3c0,0,72,32.6,158.4,30.5c39.2-0.7,92.8-6.7,134-22.4\n\tc21.2-8.1,52.2-18.2,79.7-24.2C399.3,7.9,411.6,7.5,421.9,6.5z\"\/>\n<\/svg>\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-0245309 elementor-widget elementor-widget-heading\" data-id=\"0245309\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t\t<h1 class=\"elementor-heading-title elementor-size-default\">OUR TERMS AND CONDITIONS<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<div class=\"elementor-element elementor-element-17d3b38 elementor-widget elementor-widget-text-editor\" data-id=\"17d3b38\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t\t\t\t\t\t<p><strong>Definitions<\/strong><\/p>\n<ol>\n<li>Hosting for ALL: Hosting for ALL, established in Sliedrecht under KvK no. 244 55 097 .<\/li>\n<li>Customer: the person with whom Hosting for ALL has entered into an agreement.<\/li>\n<li>Parties: Hosting for ALL and customer together.<\/li>\n<li>Consumer: a customer who is also an individual acting as a private person.<\/li>\n<\/ol>\n<p><strong>&nbsp;Applicability of general terms and conditions<\/strong><\/p>\n<ol>\n<li>These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of&lt; 1 &gt;Hosting for ALL.<\/li>\n<li>Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.<\/li>\n<li>The parties expressly exclude the applicability of additional and\/or deviating general terms and conditions of the customer or third parties.<\/li>\n<\/ol>\n<p><strong>Prices<\/strong><\/p>\n<ol>\n<li>All prices used by &lt; 1 &gt;Hosting for ALL&lt; 2 &gt;are in euros, are &lt; 3 &gt;inclusive&lt; 4 &gt;of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transportation expenses, unless expressly stated otherwise or otherwise agreed.<\/li>\n<li>Hosting for ALL&lt; 1 &gt;may change all prices for its products or services, whether on its website or otherwise, at any time.&nbsp;<\/li>\n<li>Increases in the cost prices of products or parts thereof, which&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.<\/li>\n<li>The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.<\/li>\n<li>The price for a service is determined by&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;based on the actual hours spent.<\/li>\n<li>The price is calculated according to the usual hourly rates of&lt; 1 &gt;Hosting for ALL, applicable for the period in which he carries out the work, unless a different hourly rate has been agreed.<\/li>\n<li>If the parties have agreed on a total amount for a service provided by&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;, this is always a target price, unless the parties have expressly agreed in writing on a fixed price from which no deviation is possible.<\/li>\n<li>Hosting for ALL&lt; 1 &gt;is entitled to deviate from the target price by up to 10%.<\/li>\n<li>If the target price is more than 10% higher, &lt;1&gt;Hosting for ALL&lt;2&gt;must inform the customer in a timely manner why a higher price is justified.<\/li>\n<li>If the target price exceeds the target price by more than 10%, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.<\/li>\n<li>Hosting for ALL&lt; 1 &gt;has the right to adjust prices annually.<\/li>\n<li>Before the price adjustments take effect,&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;will communicate them to the customer.<\/li>\n<li>The consumer has the right to cancel the agreement with&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;if he does not agree with the price increase.<\/li>\n<\/ol>\n<p><strong>Payments and payment terms<\/strong><\/p>\n<ol>\n<li>Hosting for ALL&lt; 1 &gt;may request a down payment of up to 50% of the agreed amount when entering into the agreement.&nbsp;<\/li>\n<li>The customer must have made subsequent payments within 7 days after delivery of the product.<\/li>\n<li>Payment terms are considered strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term, they are legally in default, without Hosting for ALL having to send the customer a reminder or give notice of default. &nbsp;<\/li>\n<li>Hosting for ALL&lt; 1 &gt;reserves the right to make delivery dependent on immediate payment or to demand security for the total amount of the services or products.<\/li>\n<\/ol>\n<p><strong>Consequences of not paying on time<\/strong><\/p>\n<ol>\n<li>If the customer does not pay within the agreed term,&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;is entitled&lt; 3 &gt;to charge the statutory interest of 2% per month for&lt; 4 &gt;non-commercial transactions&lt; 5 &gt;and&lt; 6 &gt;&lt; 7 &gt;the statutory interest of&lt; 8 &gt;8% per month for commercial transactions&lt; 9 &gt;from the day on which the customer is in default, whereby a part of a month is counted as a full month.<\/li>\n<li>If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to&lt; 1 &gt;Hosting for ALL.&nbsp;<\/li>\n<li>The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.&nbsp;<\/li>\n<li>If the customer does not pay on time,&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;may suspend its obligations until the customer has fulfilled his payment obligation.&nbsp;<\/li>\n<li>In the event of liquidation, bankruptcy, seizure or suspension of payments on the part of the customer, the claims of&lt; 1 &gt;Hosting for ALL&lt; 2 &gt;on the customer are immediately due and payable.&nbsp;<\/li>\n<li>Weigert de klant zijn medewerking aan de uitvoering van de overeenkomst door&nbsp;Hosting for ALL, dan is hij nog steeds verplicht de afgesproken prijs aan&nbsp;Hosting for ALL&nbsp;te betalen.&nbsp;<\/li>\n<\/ol>\n<p><strong>Right of advertising<\/strong>&nbsp;<\/p>\n<ol>\n<li>As soon as the customer is in default, Hosting for ALL is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.<\/li>\n<li>Hosting for ALL invokes the right of claim by written or electronic notice.<\/li>\n<li>As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Hosting for ALL, unless the parties agree otherwise.&nbsp;<\/li>\n<li>The cost of retrieving or bringing back the products shall be borne by the customer.<\/li>\n<\/ol>\n<p><strong>Right of Withdrawal<\/strong>&nbsp;<\/p>\n<ol>\n<li>A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:<\/li>\n<\/ol>\n<ul>\n<li>the product has not been used<\/li>\n<li>it is not a product that can spoil quickly, such as food or flowers<\/li>\n<li>it is not a product that has been customized or adapted specifically for the consumer<\/li>\n<li>it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).<\/li>\n<li>the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)<\/li>\n<li>the product is not a trip, transportation ticket, catering order or form of leisure activity<\/li>\n<li>the product is not a loose magazine or loose newspaper<\/li>\n<li>It does not involve (order for) emergency repair<\/li>\n<li>the consumer has not waived his right of withdrawal<\/li>\n<\/ul>\n<ol start=\"2\">\n<li>The 14-day cooling-off period mentioned in paragraph 1 begins:\n<ul>\n<li>on the day after the consumer receives the last product or part of 1 order<\/li>\n<li>once the consumer has received the first product with a subscription<\/li>\n<li>once the consumer has acquired a service for the first time<\/li>\n<li>once the consumer has confirmed that he will purchase digital content over the Internet<\/li>\n<\/ul>\n<\/li>\n<li>Consumers may make their right of withdrawal known at support@hostingforall.nl, if desired using the withdrawal form which can be downloaded from the website of Hosting for ALL, https:\/\/old.hostingforall.nl.<\/li>\n<li>The consumer is obliged to return the product to Hosting for ALL within 14 days of making known his right of withdrawal, failing which his right of withdrawal lapses.<\/li>\n<\/ol>\n<h2 data-start=\"335\" data-end=\"372\">Legitimacy of customers and content<\/h2><p>\n<\/p><ol data-start=\"374\" data-end=\"1855\">\n<li data-start=\"374\" data-end=\"595\">\n<p data-start=\"377\" data-end=\"595\">Customer represents and warrants that it is using HostingForAll&#8217;s services only for <strong data-start=\"480\" data-end=\"531\">legitimate, lawful and authorized purposes<\/strong>, in accordance with all applicable laws and regulations.<\/p>\n<\/li>\n<li data-start=\"597\" data-end=\"1030\">\n<p data-start=\"600\" data-end=\"786\">Customer may not use the Services to provide, store, distribute or facilitate <strong data-start=\"719\" data-end=\"738\">illegal content<\/strong>, including but not limited to:<\/p>\n<ul data-start=\"790\" data-end=\"1030\">\n<li data-start=\"790\" data-end=\"832\">\n<p data-start=\"792\" data-end=\"832\">criminal or unlawful activities;<\/p>\n<\/li>\n<li data-start=\"836\" data-end=\"880\">\n<p data-start=\"838\" data-end=\"880\">infringement of intellectual property rights;<\/p>\n<\/li>\n<li data-start=\"884\" data-end=\"910\">\n<p data-start=\"886\" data-end=\"910\">fraudulent acts;<\/p>\n<\/li>\n<li data-start=\"914\" data-end=\"969\">\n<p data-start=\"916\" data-end=\"969\">misleading, discriminatory or hateful content;<\/p>\n<\/li>\n<li data-start=\"973\" data-end=\"1030\">\n<p data-start=\"975\" data-end=\"1030\">malware, phishing, spam or other malicious software.<\/p>\n<\/li>\n<\/ul>\n<\/li>\n<li data-start=\"1032\" data-end=\"1383\">\n<p data-start=\"1035\" data-end=\"1383\">HostingForAll reserves the right to <strong data-start=\"1091\" data-end=\"1103\">refuse<\/strong> clients, <strong data-start=\"1124\" data-end=\"1138\">suspend<\/strong> or <strong data-start=\"1142\" data-end=\"1159\">terminate<\/strong> services if there is a reasonable suspicion that the client or the content posted by it violates laws and regulations, these general terms and conditions or the terms and conditions of third parties (including payment and platform providers).<\/p>\n<\/li>\n<li data-start=\"1385\" data-end=\"1698\">\n<p data-start=\"1388\" data-end=\"1698\">HostingForAll is entitled to <strong data-start=\"1454\" data-end=\"1532\">remove or make inaccessible illegal or unlawful content<\/strong>, without prior notice, if deemed necessary to comply with legal obligations, requests from competent authorities or requirements of payment processors such as Mollie.<\/p>\n<\/li>\n<li data-start=\"1700\" data-end=\"1855\">\n<p data-start=\"1703\" data-end=\"1855\">The customer fully indemnifies HostingForAll against all third party claims arising from the use of the services in violation of this article.<\/p><\/li><\/ol><p><strong>Reimbursement of delivery costs&nbsp;<\/strong><\/p>\n<ol>\n<li>If the consumer has timely exercised his right of withdrawal and as a result has timely returned the entire order to Hosting for ALL, Hosting for ALL will refund any shipping costs paid by the consumer within 14 days of receiving the timely fully returned order to the consumer.  &nbsp;<\/li>\n<li>The cost of delivery shall be borne by Hosting for ALL only to the extent that the entire order is returned.<\/li>\n<\/ol>\n<p><strong>Return cost reimbursement&nbsp;<\/strong><\/p>\n<ol>\n<li>If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.&nbsp;<\/li>\n<\/ol>\n<p><strong>Suspension right<\/strong><\/p>\n<ol>\n<li>Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.<\/li>\n<\/ol>\n<p><strong>Lien&nbsp;<\/strong><\/p>\n<ol>\n<li>Hosting for ALL may invoke its right of retention and, in that case, retain products of the customer until the customer has paid all outstanding bills with respect to Hosting for ALL, unless the customer has provided adequate security for those costs.&nbsp;<\/li>\n<li>The lien also applies under previous agreements from which the customer still owes payments to Hosting for ALL.<\/li>\n<li>Hosting for ALL shall never be liable for any damages that the customer may suffer as a result of exercising its right of retention.<\/li>\n<\/ol>\n<p><strong>Settlement<\/strong><\/p>\n<ol>\n<li>Unless the customer is a consumer, the customer waives its right to set off a debt owed to Hosting for ALL against a claim against Hosting for ALL.&nbsp;<\/li>\n<\/ol>\n<p><strong>Retention of title<\/strong>&nbsp;<\/p>\n<ol>\n<li>Hosting for ALL remains the owner of all products delivered until the customer has fully satisfied all of its payment obligations to Hosting for ALL under whatever agreement entered into with Hosting for ALL, including claims for failure to perform.<\/li>\n<li>Until such time, Hosting for ALL may invoke its retention of title and repossess the items.&nbsp;<\/li>\n<li>Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.&nbsp;<\/li>\n<li>If Hosting for ALL invokes its retention of title, the contract shall be deemed terminated and Hosting for ALL shall be entitled to claim damages, lost profits and interest.<\/li>\n<\/ol>\n<p><strong>Delivery<\/strong><\/p>\n<ol>\n<li>Delivery will take place while supplies last.<\/li>\n<li>Delivery shall take place at Hosting for ALL, unless the parties have agreed otherwise.<\/li>\n<li>Delivery of products ordered online is made to the address specified by the customer.&nbsp;<\/li>\n<li>If the agreed amounts are not paid or not paid on time, Hosting for ALL has the right to suspend its obligations until the agreed part is still paid.&nbsp;<\/li>\n<li>Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Hosting for ALL.<\/li>\n<\/ol>\n<p><strong>Delivery time<\/strong>&nbsp;<\/p>\n<ol>\n<li>Delivery times given by Hosting for ALL are indicative and if exceeded do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.<\/li>\n<li>The delivery time begins when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Hosting for ALL.<\/li>\n<li>Exceeding the specified delivery time does not entitle the customer to compensation or the right to rescind the contract, unless Hosting for ALL is unable to deliver within 14 days of written notice or the parties have agreed otherwise.<\/li>\n<\/ol>\n<p><strong>Actual delivery<\/strong><\/p>\n<ol>\n<li>The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.<\/li>\n<\/ol>\n<p><strong>Transportation costs<\/strong>&nbsp;<\/p>\n<ol>\n<li>Transportation costs shall be borne by the customer unless the parties have agreed otherwise.<\/li>\n<\/ol>\n<p><strong>Packaging and shipping<\/strong><\/p>\n<ol>\n<li>If the packaging of a delivered product is opened or damaged, the customer, before taking delivery of the product, must have a note of this made by the forwarding or delivery person, failing which Hosting for ALL cannot be held liable for any damage.<\/li>\n<li>If the customer takes care of transportation of a product themselves, they must report any visible damage to products or packaging to Hosting for ALL prior to transportation, failing which Hosting for ALL cannot be held liable for any damages.<\/li>\n<\/ol>\n<p><strong>Insurance<\/strong><\/p>\n<ol>\n<li>The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:\n<ul>\n<li>delivered items necessary for the performance of the underlying contract<\/li>\n<li>items from Hosting for ALL that are present with the customer<\/li>\n<li>goods delivered under retention of title<\/li>\n<\/ul>\n<\/li>\n<li>At Hosting for ALL&#8217;s first request, the customer shall make the policy of such insurance available for inspection.<\/li>\n<\/ol>\n<p><strong>Retention<\/strong>&nbsp;<\/p>\n<ol>\n<li>If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.<\/li>\n<li>Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.<\/li>\n<\/ol>\n<p><strong>Warranty<\/strong><\/p>\n<ol>\n<li>Where the parties have entered into an agreement of a service nature, it contains for Hosting for ALL only an obligation of effort and therefore no obligation of result.&nbsp;<\/li>\n<li>The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.&nbsp;<\/li>\n<li>The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.<\/li>\n<li>The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and\/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.&nbsp;<\/li>\n<\/ol>\n<p><strong>Exchange<\/strong>&nbsp;<\/p>\n<ol>\n<li>The exchange of purchased items is possible only if the following conditions are met:<\/li>\n<\/ol>\n<ul>\n<li>exchanges are made within 30 days of purchase upon presentation of the original invoice<\/li>\n<li>the product is returned in its original packaging or with the original (price) tags still attached<\/li>\n<li>the product has not been used yet<\/li>\n<\/ul>\n<ol start=\"2\">\n<li>Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer and domain names cannot be exchanged.<\/li>\n<\/ol>\n<p><strong>Execution of the agreement<\/strong>&nbsp;<\/p>\n<ol>\n<li>Hosting for ALL shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.&nbsp;<\/li>\n<li>Hosting for ALL has the right to have the agreed services performed (in part) by third parties.<\/li>\n<li>Execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the client.&nbsp;<\/li>\n<li>It is the customer&#8217;s responsibility to ensure that Hosting for ALL can begin execution of the agreement in a timely manner.<\/li>\n<li>If the customer has not ensured that Hosting for ALL can begin executing the agreement in a timely manner, the resulting additional costs and\/or additional hours will be borne by the customer.<\/li>\n<\/ol>\n<p><strong>Client disclosure&nbsp;<\/strong><\/p>\n<ol>\n<li>The Customer shall make available to Hosting for ALL all information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.<\/li>\n<li>The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.&nbsp;<\/li>\n<li>If and to the extent requested by the customer, Hosting for ALL will return the relevant records.&nbsp;<\/li>\n<li>If the customer fails to provide information, data or documents reasonably required by Hosting for ALL, or fails to do so on time or properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be borne by the customer.<\/li>\n<\/ol>\n<p><strong>Duration of service agreement&nbsp;<\/strong><\/p>\n<ol>\n<li>The agreement between Hosting for ALL and the customer regarding a service or services is entered into for the duration of 1 year, unless something else follows from the nature of the agreement or the parties have expressly agreed otherwise in writing.&nbsp;<\/li>\n<li>After expiration of the period mentioned in paragraph 1 of this article, the agreement is tacitly converted into an agreement for an indefinite period of time, unless 1 of the parties terminates the agreement with due observance of a notice period of months, or, as the case may be, a consumer terminates the agreement with due observance of a notice period of 1 (one) month, as a result of which the agreement ends by operation of law.<\/li>\n<li>If within the term of the agreement the parties have agreed on a deadline for the completion of certain work, this is never a deadline. If this deadline is exceeded, the customer must give Hosting for ALL written notice of default. <\/li>\n<\/ol>\n<p><strong>Termination of fixed-term service agreement<\/strong><\/p>\n<ol>\n<li>The customer or consumer may not terminate an agreement regarding a service entered into for a definite period of time until after 1 (one) year.&nbsp;<\/li>\n<li>At the end of the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer subject to a notice period of 3 months.<\/li>\n<li>At the end of the minimum term of 1 (one) year, the aforementioned agreement can be terminated by a consumer subject to a notice period of 1 (one) month.<\/li>\n<li>If the agreement regarding a service has been entered into for less than 1 (one) year, then the agreement cannot be terminated prematurely.&nbsp;<\/li>\n<\/ol>\n<p><strong>Intellectual property<\/strong>&nbsp;<\/p>\n<ol>\n<li>Hosting for ALL retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) in all designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.&nbsp;<\/li>\n<li>The customer may not copy, display and\/or make available or otherwise use said intellectual property rights without the prior written consent of Hosting for ALL.<\/li>\n<\/ol>\n<p><strong>Secrecy<\/strong>&nbsp;<\/p>\n<ol>\n<li>Customer shall keep confidential any information (in any form) received from Hosting for ALL.<\/li>\n<li>The same applies to any other information regarding Hosting for ALL that the customer knows or can reasonably suspect to be secret or confidential, or that he can expect that its dissemination may harm Hosting for ALL.<\/li>\n<li>The customer shall take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 confidential.&nbsp;<\/li>\n<li>The duty of confidentiality described in this article does not apply to information:\n<ul>\n<li>that was already in the public domain before the customer learned of it or that subsequently became public without being the result of a breach of the customer&#8217;s confidentiality obligation<\/li>\n<li>disclosed by the customer pursuant to a legal duty&nbsp;<\/li>\n<\/ul>\n<\/li>\n<li>The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.<\/li>\n<\/ol>\n<p><strong>Penalty clause<\/strong><\/p>\n<ol>\n<li>If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, it shall forfeit to trade name an immediately payable fine for each violation.<\/li>\n<\/ol>\n<ul>\n<li>If the other party is a consumer then this penalty is \u20ac1,000<\/li>\n<li>If the other party is a legal entity then this fine is \u20ac5,000<\/li>\n<\/ul>\n<ol start=\"2\">\n<li>In addition, the other party shall forfeit an amount of 5% of the amount mentioned in paragraph 1 for each day that such violation continues.<\/li>\n<li>Forfeiture of this penalty does not require prior notice of default or court proceedings. Nor does it require any form of damages. &nbsp;<\/li>\n<li>Forfeiture of the penalty referred to in the first paragraph of this article does not affect the other rights of Hosting for ALL including its right to claim damages in addition to the penalty.<\/li>\n<\/ol>\n<p><strong>Indemnification<\/strong><\/p>\n<p>The customer indemnifies Hosting for ALL against all third party claims related to the products and\/or services provided by Hosting for ALL.&nbsp;<\/p>\n<p><strong>Complaints<\/strong><\/p>\n<ol>\n<li>The customer must examine a product or service provided by Hosting for ALL for any deficiencies as soon as possible.<\/li>\n<li>If a product delivered or service provided does not meet what the customer could reasonably expect from the agreement, the customer must notify Hosting for ALL as soon as possible, but in any event within 1 month of the discovery of the deficiencies.&nbsp;<\/li>\n<li>Consumers must notify Hosting for ALL no later than 2 months after discovery of the deficiencies.<\/li>\n<li>In doing so, the customer shall provide as detailed a description of the shortcoming as possible, so that Hosting for ALL is able to respond appropriately.&nbsp;<\/li>\n<li>The customer must show that the complaint relates to an agreement between the parties.<\/li>\n<li>If a complaint relates to work in progress, this cannot in any case result in Hosting for ALL being held to perform work other than that agreed upon.<\/li>\n<\/ol>\n<p><strong>Notice of default<\/strong><\/p>\n<ol>\n<li>The customer must provide notice of default in writing to Hosting for ALL.<\/li>\n<li>It is the customer&#8217;s responsibility that a notice of default actually reaches Hosting for ALL (in a timely manner).&nbsp;<\/li>\n<\/ol>\n<p><strong>Joint and several liability customer<\/strong><\/p>\n<ol>\n<li>If Hosting for ALL enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to Hosting for ALL under that agreement.&nbsp;<\/li>\n<\/ol>\n<p><strong>Liability<\/strong> <strong>Hosting for ALL<\/strong><\/p>\n<ol>\n<li>Hosting for ALL is only liable for any damage suffered by the customer if and to the extent such damage is caused by intentional or deliberate recklessness.<\/li>\n<li>If Hosting for ALL is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.<\/li>\n<li>Hosting for ALL is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.<\/li>\n<li>If Hosting for ALL is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.<\/li>\n<li>All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and\/or (partial) dissolution of the agreement and\/or suspension of any obligation.<\/li>\n<\/ol>\n<p><strong>Due date<\/strong><\/p>\n<ol>\n<li>Any right of the customer to compensation from Hosting for ALL expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code. <\/li>\n<\/ol>\n<p><strong>Right of rescission<\/strong><\/p>\n<ol>\n<li>The customer has the right to dissolve the agreement if Hosting for ALL imputably fails to fulfill its obligations, unless such failure, given its special nature or minor significance, does not justify the dissolution.&nbsp;<\/li>\n<li>If the fulfillment of the obligations by Hosting for ALL is not permanently or temporarily impossible, then dissolution can only take place after Hosting for ALL is in default.&nbsp;<\/li>\n<li>Hosting for ALL has the right to terminate the agreement with the customer if the customer fails to fulfill its obligations under the agreement in full or in a timely manner, or if Hosting for ALL has knowledge of circumstances that give it good reason to fear that the customer will not be able to properly fulfill its obligations.&nbsp;<\/li>\n<\/ol>\n<p><strong>Force majeure<\/strong><\/p>\n<ol>\n<li>In addition to the provisions of Article 6:75 of the Civil Code, a failure by Hosting for ALL to fulfill any obligation towards the customer cannot be attributed to Hosting for ALL in a situation independent of the will of Hosting for ALL, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of Hosting for ALL.&nbsp;<\/li>\n<li>The force majeure situation mentioned in paragraph 1 also includes &#8211; but is not limited to &#8211; the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.&nbsp;<\/li>\n<li>If a force majeure situation arises that prevents Hosting for ALL from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Hosting for ALL can again fulfill them.&nbsp;<\/li>\n<li>From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind the contract in writing in whole or in part.&nbsp;<\/li>\n<li>In a force majeure situation, Hosting for ALL is not liable for any compensation (for damages or otherwise), even if it receives any benefit as a result of the force majeure situation.<\/li>\n<\/ol>\n<p><strong>Modification of the agreement&nbsp;<\/strong><\/p>\n<ol>\n<li>If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.<\/li>\n<\/ol>\n<p><strong>Modification of general terms and conditions<\/strong><\/p>\n<ol>\n<li>Hosting for ALL is entitled to amend or supplement these general terms and conditions.&nbsp;<\/li>\n<li>Changes of minor importance may be made at any time.&nbsp;<\/li>\n<li>Major substantive changes will be discussed by Hosting for ALL with the customer in advance whenever possible.<\/li>\n<li>Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.&nbsp;<\/li>\n<\/ol>\n<p><strong>Transfer of Rights<\/strong><\/p>\n<ol>\n<li>Customer&#8217;s rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Hosting for ALL.&nbsp;<\/li>\n<li>This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.&nbsp;<\/li>\n<\/ol>\n<p><strong>Consequences of nullity or voidability<\/strong><\/p>\n<ol>\n<li>Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.&nbsp;<\/li>\n<li>A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Hosting for ALL had in mind when drafting the terms and conditions on that point.<\/li>\n<\/ol>\n<p><strong>Applicable law and competent court<\/strong><\/p>\n<ol>\n<li>Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.&nbsp;<\/li>\n<li>The Dutch court in the district where Hosting for ALL is located\/practicing\/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.<\/li>\n<\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>OUR TERMS AND CONDITIONS Definitions Hosting for ALL: Hosting for ALL, established in Sliedrecht under KvK no. 244 55 097 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