Terms and conditions
These are the terms and conditions for the Mijndomein Cloud Product of Mijndomein Hosting BV. Mijndomein Hosting B.V. further called Mijndomein located at Albert Einsteinweg 4 in Lelystad. Registered at the Chamber of Commerce under number 27181493 which are strictly part of every agreement with Mijndomein
1. OFFER AND APPROVAL
1.1. This agreement between Mijndomein and the customer will be active once the customer approves the online offer from Mijndomein and initiates and confirms the online order process. Any differences offered by the customer will not bound Mijndomein (notwithstanding art. 6:235 BW)
1.2. When the customer is a private individual he/she can cancel an agreement within 14 days without any costs. This money back guarantee is not available for our Mijndomein Cloud services which were offered during this period since the configuration is made custom build. The customer clearly abandons the right to do so
1.3. Customers of Mijndomein Cloud should be at least 18 years old or should have approval of his/her parents or caretakers
2. OFFERING OF SERVICES
2.1. Mijndomein will endeavor to achieve uninterrupted availability of its products and services but however cannot guarantee the availability of these products and services at any time. Mijndomein aims to offer availability of 99.999% of the infrastructure (data center, network, virtualization platform)
2.2. Mijndomein has the right to (temporarily) take its systems out of service or limit access if this is directly necessary for high priority maintenance without creating liability for the right for compensation for losses for the customer. Of course Mijndomein will do whatever it takes to prevent downtime
2.3. Mijndomein uses the customer data which the customer has recently added to the system. It is the sole obligation for the customer to keep his/her information in the system up to date
2.4. Mijndomein does not offer support by phone. Questions regarding support will be answered online on business days if possible within 24 hours
2.5. Mijndomein has the right to add specific Terms and Conditions for additional products and services. These are mentioned before activating / buying these additional products and services and those terms and conditions go beyond the overall terms and conditions
2.6. Mijndomein is entitled to use products and services from third parties to fulfill its offering.
3. PRICING AND PAYMENTS
3.1. Mijndomein is at all times entitled to adjust the pricing of its products and services and any other costs. Mijndomein will inform the Client at least one (1) month in advance of such rate changes via the Website, and by email. When the customer does not accept the rate change he/she in contrast to article 7.1 shall be entitled to terminate the Agreement in accordance to the period of notice. This is only possible until the date the rate change is in effect
3.2. All prices mentioned are excluding VAT and any additional costs
3.3. All prices on the website, flyers, e-mail and any other documentation are subject to programming and typing errors. Mijndomein accepts no liability for the consequences of such errors.
3.4. Subscriptions for services are to be paid in advance. No refunds of advance payments will be made in the event of cancellation or termination.
3.5. Owed payments needs to be transferred to Mijndomein or using an external payment provider. Payments need to be fulfilled and transferred to Mijndomein on the invoice date stated on the invoice
3.6. If the customer does not pay in the terms described he/she will be in default by operation of law, without a notice of default being required. If the outstanding amount is not paid within the payment term:
- Mijndomein reserves the right to make reimbursement in full of both extra judicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies
- Mijndomein reserves the right to transfer debts and claims to a third party. This third party is entitled to add collection costs
- Mijndomein has the right to suspend performance of the Agreement or any part thereof not yet performed or nullify the Agreement without notice of default or judicial intervention, without any right to compensation of losses for the Client that might arise as a result
3.7. By approving and executing the first initial payment the customer approves with a recurring automatic payment. The customer is able to cancel the product and service at any time within the dashboard.
OBLIGATIONS OF THE CUSTOMER (TERMS OF USE)
4.1. The customer shall refrain from obstructing Mijndomein, other customers or Internet users or causing damage to the Mijndomein servers. The Client is prohibited from using processes or programs, either via de server or otherwise, of which the customer knows or may reasonably suspect that this will harm or cause damage to Mijndomein, other customers or Internet users.
4.2. The customer is prohibited from using the Service to violate Dutch or other laws or regulations applicable to the Client or Mijndomein, or to violate the rights of others. This includes, in particular, but not exclusively, the following activities :
- without approval sending large quantities of e-mail;
- act in violation of third party intellectual property rights;
- publishing and or providing access to (child)pornography or bestiality pornography;
- sexual intimidation or other forms of harassment;
- without permission accessing other computer systems on the Internet;
- performing (D)DoS attacks;
- applying excessive use of available resources that could compromise performance and stability of the platform, eg by bitcoin mining, etc.
4.3. If the data traffic attributable to a certain customer is unreasonably high relative to other customers, or if it interferes the system, Mijndomein is entitled to take appropriate measures to reduce this load. Mijndomein may charge any unreasonable traffic after issuing a warning to the customer.
4.4. Mijndomein is entitled, without any compensation, without notice, to suspend the Service, in whole or in part, or to impose further conditions if and as the Customer considers (or is likely to do so) to contravene with all topics stated in this article. In case of suspicion of criminal offenses, Mijndomein is authorized to inform the authorities and to provide all relevant customer information to these authorities.
4.5. The customer indemnifies Mijndomein against all third party claims in respect of damage or otherwise, in any way arising from the use of the services or by failing to fulfill the client's obligations under this agreement.
5. SECURITY AND PRIVACY
5.1. Mijndomein is where necessary entitled to process legitimate personal data of the customer for the proper execution of the agreement and good business management.
5.2. Mijndomein will refrain from accessing non-public information of a customer and will not make it available to third parties unless Mijndomein is required to do so by law or by a court ruling or when this agreement requires to do so.
5.3. To the extent that Mijndomein processes personal data for the customer through its services, Mijndomein will act as an editor of personal data within the meaning of the Personal Data Protection Act (so called WBP). The parties should, therefore set up a so called Verwerkers- overeenkomst.
5.4. If by using the services personal data is transferred to countries outside the European Union, the customer indemnifies Mijndomein against all third-party claims that are based on the claim that personal data is processed or transferred in violation of the WBP.
5.5. Mijndomein takes appropriate technical and organizational measures to protect personal data against loss or against any form of unlawful processing. These measures, while taking into account the level of technique and the cost of implementation, ensure an appropriate level of security in view of the risks involved in processing and the nature of data to be protected.
6. LIABILITY
6.1. The liability of Mijndomein for direct losses suffered by the Customer as a consequence of an attributable shortcoming by Mijndomein in the performance of its obligations under this Agreement, expressly including any shortcoming in the performance of a guarantee obligation agreed with the customer, or as a result of a wrongful act of Mijndomein, Mijndomein’s employees or third parties engaged by Mijndomein, is limited per event or series of connected events to an amount equal to the payments the Client owes under this Agreement per year (exclusive of VAT). Under no circumstances, however, shall the total compensation for direct losses amount to more than EUR. 500,- (excluding VAT)
6.2. Mijndomein’s liability for indirect damages, including consequential damages, lost profits, lost savings, loss of (business) data and loss due to business interruption are excluded.
6.3. There will be no liability for Mijndomein in the event of force majeure, which shall in any event include faults or failure of the Internet, the telecommunication infrastructure or networks, in the event that Mijndomein is prevented from supplying through its own Suppliers, or any other non-attributable shortcomings of third parties.
6.4. During the event of force majeure, the performance of the Agreement shall be suspended. The Agreement can be terminated by either party in case the force majeure situation has lasted more than two (2) months all this without any obligation to pay compensation.
7. DURATION AND TERMINATION OF THE AGREEMENT
7.1. The agreement will be renewed for the same period as the initial period agreed and requested at first (1 year, 1 month). The agreement will be renewed for the same period unless one of the parties no later than 7 days before the official end date of the active period gives the notice to cancel the agreement.
7.2. Termination of the contract is possible through the website, provided that the notice period commences on the day on which Mijndomein receives the confirmation of the cancellation. Confirmation will be sent within 5 days.
7.3. If Mijndomein chooses to terminate a specific subscription type or special service, Mijndomein may terminate the subscription with a notice period of 30 days. In such cases, the unused portion of prepaid amounts will, of course, be reimbursed.
7.4. Mijndomein reserves the right to change or supplement these terms. Changes also apply to agreements already concluded with respect to a period of 30 days after disclosure of the change to the Mijndomein website or by electronic notification. Subsequent changes may be made at any time. If the customer does not wish to accept a change in these terms, he may terminate the contract until the date on which the new terms come into effect.
7.5. A subscription to the Mijndomein Cloud service can be expanded at any time with so-called add-ons. The subscription duration of an add-on is 1 month or 1 year and is renewed automatically for the same period in accordance with the above-mentioned terms. The date of activation of an add-on is not linked to the activation date on which the Mijndomein Cloud product was purchased. An add-on cannot be purchased separately from the Mijndomein Cloud product.
.6. Mijndomein is empowered to terminate the Agreement without immediate notice or judicial intervention and to terminate the products and services when;
a) the Customer has passed false and / or incorrect information about him / herself to Mijndomein;
b) the customer has entered into the agreement under false pretenses;
c) the customer is in violation of Article 4;
d) the third-party supplier may no longer supply the service and / or product concerned;
e) customers bankruptcy is requested;
f) the customer (whether or not provisionally) is granted a surseance of payment;
g) the customer's business is liquidated or terminated other than for the purpose of reconstruction or merger of companies;
h) The customer does not meet his payment obligations in accordance
7.7. Upon termination or termination of the agreement, the right of use of the services will cease immediately and the connection to the customer provided to the customer will be discontinued immediately by Mijndomein. The customer will immediately cease to use the system and the services. Customer data contained within the Mijndomein Cloud product and add-ons will be deleted immediately.
7.8. Upon termination or termination of the agreement, Mijndomein will destroy the data provided by the customer from websites, databases, mail systems, etc., unless such (personal) data is necessary for the settlement of the agreement or if Mijndomein otherwise has jurisdiction over this (personal) data. Mijndomein reserves the right to retain data as evidence of any future claims and procedures.
8. FINAL PROVISIONS
8.1. The Customer is not permitted to transfer rights to a third party arising out of the agreement unless explicitly authorized by Mijndomein. However, the customer is allowed to provide third parties access for management, maintenance, and similar activities, whereby the customer is liable for the activities of those third parties.
8.2. In case of sale or other transfer of parts of Mijndomein's activities or assets, the latter has the right to partially or wholly transfer this agreement without prior notice to any third party, as well as the rights and obligations that Mijndomein has as mentioned in the agreement.
8.3. On all Terms and conditions exclusively Dutch law applies. The Local Court located at the area of the Mijndomein branch office exclusively handles disputes under the agreement.
8.4. If one or more provisions of these terms are nullified, they do not affect the validity of the remaining provisions. In the event of nullity of one or more provisions of these terms, parties will be bound by rules of as much similarity as not subject to the nullity.
Lelystad, November 2017
Terms and Conditions Mijndomein Cloud Product Mijndomein Hosting BV. november 2017
