Terms and conditions delivery of services by Maakum B.V., registered at the Chamber of Commerce Amsterdam (in dutch) under number 34216344.
- Maakum: Maakum B.V.
- these terms and conditions relate to the subscriptions for Web hosting and maintenance provided by Maakum.
- Client: the natural or legal person with whom we have a contract for the supply of products and/or services by Maakum.
- Products and services by Maakum: products and services which provide information provided by the client which can be accessed electronically and with which messages can be exchanged between users; This includes the production, installation and rental of websites, the rental and registration of a domain, the promotion of a web site and all other additional and supporting products and services.
- Agreement: any mutual acceptance, in writing or by e-mail, confirmed by delivery of one or more products or services from Maakum.
- Netiquette: the generally accepted rules of conduct on the internet as laid down in the Netiquette Guideluines (RFC 1855) and future adjustments.
- Fair use: the reasonable use by client of data traffic, disk space and/or system load.
- Maakum Free: the free version of the Maakum system.
- Insofar as not by common accord between the parties in writing, these articles below apply to any offer, contract or agreement by or with Maakum.
- General conditions of the client or third parties are not binding for Maakum and not applicable.
3. Offer and acceptance
- All offers and quotations made by or on behalf of Maakum are without engagement, unless stated otherwise by Maakum in writing or by electronic mail.
- An offer or quotation made by Maakum is valid for 7 days, unless otherwise stated.
- Maakum has the right to revoke offers accepted by customers at any time. By revocation the agreement will cease to exist and Maakum is held all to repay the client. Maakum can refuse a customer for its own reasons.
4. Commencement of the agreement
- an agreement will be concluded at the time that
- the client has a contract form completed, signed and sent by email/mail/fax and
- the receipt and acceptance of the contract form by Maakum in writing or by electronic mail to the customer has been confirmed.
- the due contribution for the registration of domain names and other agreed fees are credited to the financial account of Maakum.
- the Maakum Free order form is filled out and sent.
- Additions and amendments to the agreement can only and exclusively be carried out in writing or per online order form.
5. Duration and termination
- The agreement shall commence by order date of the service by the client and is entered into for a term of 12 months unless agreed otherwise or there is reason to cancel the contract. As an exception Maakum Free accounts have an agreement for 1 month, unless a domain name or extra module is purchased.
- The agreement shall be automatically renewed after expiry to an agreement for indefinite time.
- Maakum uses a notice period of 30 days, any cancellations of your domain name registration or website subscription should be made 30 days before the contract ends.
- If the client cancels the agreement in writing or by e-mail before the prescribed notice period it will not be renewed and the service will be ended.
- Maakum Free accounts with a user inactivity of up to three months are automatically deleted unless there is a domain name or an extra module purchased.
- Maakum has the right to delete Maakum Free accounts without notice of default or judicial intervention or notification with immediate effect.
- Maakum has the right to dissolve the agreement without notice of default or judicial intervention with immediate effect if the customer has been declared bankrupt, has applied for or obtained a suspension of payments or otherwise has lost his free financial management ability. In the latter the customer has no right to any compensation.
- Maakum may terminate the contract immediately and without recourse to the courts rescind, in whole or in part if the client fails to fulfil his obligation to Maakum. All claims that Maakum has on the client at the time of the dissolution are from the time of dissolution immediately due and payable, and not without the possibility of Maakum to claim damages.
- Upon termination of the business activities is Maakum entitled to unilaterally dissolve all agreements at the end of the contract term that currently applies. However this dissolution must be made known to the client three months prior to the end of the contract period if the termination is not caused by force majeure.
- Maakum has the right to dissolve the agreement without judicial intervention if:
- client makes improper use of the Internet;
- client disseminates information that conflicts with (inter) national laws and regulations;
- client disseminates information that is contrary to the generally accepted standards and values;
- client disseminates information of extremist nature or is discriminatory with regard to appearance, race, religion, gender, culture, descent or otherwise offensive, nor is it allowed to so called adultpages/MP3/warez/webcams to place on our servers.
- client causes such nuisance that Maakum or customers of Maakum in any form can be duped. This includes among other things sending bulk mail by the client whether or not sent through a server of Maakum.
- The services offered by Maakum may only be used for purposes that are not in conflict with the Law, morality, public order, the Netiquette, the agreement and these terms and conditions. This includes, but not limited to, the following acts and behaviors:
- spamming: to send large amounts of unsolicited e-mail with the same content and/or the unsolicited in large numbers of newsgroups on the internet posting a message with the same content;
- violation of copyrighted work (s) or otherwise violate the intellectual property rights of third parties;
- distributing child pornography;
- expressing racist slogans;
- inciting insurrection;
- the unauthorized intrusion of other computers on the Internet (= hacking), in which the Subscriber any security and/or access acquires breaks through by a technical procedure using fake signals or a false key or by adopting a false capacity.
- If the acts and behaviors described in article 5.10 and 5.11 are performed by the client then Maakum has the right to terminate the agreement with immediate effect and without recourse to the courts, without the client having any right to compensation or refund of already paid invoices.
- Maakum reserves the right to deny the customer access to the system or limit, if a customer in a calendar month exceeds the in the agreement agreed quantity (free) data traffic or exceeds fair use regarding data traffic, disk space and/or server load. In these agreements, the customer is obliged to pay Maakum the costs of these crossings. Maakum is not liable for compensation for damages as a result of a denial or restriction. The administration of Maakum supplies binding proof for all parties on the excess of the amount of data traffic, in the absence of proof to the contrary by the customer.
6. Delivery and delivery time
- Placement of a website is as soon as possible after conclusion of the contract and delivery of information and promotional material, or to agree on a later date.
- If the agreed delivery time threatens to be exceeded, it will be communicated as soon as possible. In the event of force majeure on the side of Maakum the term will be extended for the term of that force majeure. Excessive exceeding of the delivery time can be considered a ground for dissolution of the agreement.
- Maakum will try to complete the application and registration of domains within one business day, but is dependent on external suppliers. Client indemnifies Maakum of all damage caused by any delay or not performing this process.
7. Acceptable use
- The client will behave and act in accordance to what may be expected of a responsible and careful internet use. The client shall notify Maakum in writing as soon as possible of any changes to relevant data.
- The client refrain from bothering other customers or internet users and cause damage to the system. The client is forbidden to execute processes or programs -whether or not via the Maakum system- on which client knows or reasonably suspect that this can bother or harm Maakum, other customers or internet users.
- The client is not permitted to use the system and the disk space for actions and/or conduct referred to in article 5.10 and 5.11.
- It is Maakum Free users are not allowed to link an external hosted domain name to his/her website or the website by integration into a (i)frame on an external website without the express permission of Maakum.
- The client gives consent to Maakum to use his or her personal data in the administration of Maakum which is needed for its administration and management tasks. This personal data is only accessible to Maakum and is not provided to third parties, unless Maakum is required to do this, pursuant to the law or a court order.
9. Force majeure
- The meaning of force majeure, with regard to the agreement, is described in all connotations in law and jurisprudence.
- Maakum is not obliged to comply with its obligations under the agreement if it becomes temporarily or permanently impossible due to force majeure. The agreement may then be dissolved separately by both parties without the right for any compensation.
- All prices stated in the website, as well as agreed prices are exclusive of VAT, unless otherwise stated.
- Maakum has the right to change the rates. These changes will take effect no later than 1 month before it is announced to the client through publication on the websites of Maakum. Client is entitled to terminate the agreement before the start date of the rate changes.
11. Terms of payment
- The client's obligation to pay starts on the day on which the contract is concluded. The payment covers the period beginning on the day of the actual provision of products and services by Maakum.
- Payment must be made within 14 days after the invoice date, at Maakum in the currency in which is declared. The time and date of payment equals the time when the amount due is received by Maakum.
- Maakum reserves the right to defray the costs associated with the agreement to a third party.
- The fee payable in respect of the agreement is exclusive of VAT and any other taxes arising from legal requirements. Client is due the fees that arise from these conditions.
- Maakum sends client an invoice by e-mail for the cost associated with the agreement. This invoice must be paid within 14 days.
- If the client fails to pay within the period of 14 days, then client shall be in default by operation of law without further in default. The client is then due an interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. The interest on the amount due and payable shall be calculated from the time that the client is in default until the moment of payment of the full amount.
- In case of no payment or no timely payment of the invoice Maakum will charge in addition to the amount due, and the interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply, administration costs and both out-of-court and judicial collection costs, including the costs of lawyers, bailiffs and debt collection agencies.
- If the client is of the opinion that the charges are incorrect, client can object within two weeks of the date on the invoice, to Maakum. After receipt of the objection Maakum will start an inquiry into the accuracy of the invoiced amount.
- The client is in default as from the date on which the fee cannot be cashed, caused by the client, or has not been payed to Maakum.
- If amounts cannot be cashed or not received, Maakum will charge administration costs and a delay charge interest equal to the legal interest rate, which will be payable from the time that the client is in default until the moment of collection. Also is Maakum entitled to take the delivered products and services (temporarily) out of service until the amounts due are payed.
- The client agrees that the invoices are sent by e-mail and he/she will take care that Maakum has the correct email address at all times.
- Maakum will work to the best of its knowledge and ability to deliver the agreed services in accordance with the requirements of good workmanship, in accordance with which in the framework of the task entrusted to Maakum should be expected.
- Maakum is at its activities dependant on the cooperation, services and deliveries of third parties, where Maakum has little or no influence. Maakum can therefore in no way be held liable for any damages whatsoever arising out of the relationship with Maakum or breaking it, regardless of whether the damage occurs or becomes visible during the relationship with Maakum.
- In the case of attributable failure in the performance of the contract is Maakum only liable for replacement compensation, i.e. reimbursement of the value of the performance achieved. Any liability of Maakum for any other form of damage is excluded, including additional damages in whatever form, compensation for indirect damage or consequential loss or damage due to lost turnover or profit.
- In view of the large number of nodes on the Internet with human intervention, the use of local area networks and wireless communication, one must take into account the fact that the information obtained or transmitted over the Internet is freely accessible. Maakum can not be held liable for damage of any kind caused by sending confidential or secret information. Maakum is not liable for protection or misuse by third parties of information that is sent or received.
- Changes to the personal data of the client have to be sent in writing by the client to Maakum. If client does not do this, the client is liable for any damage that Maakum as a result, suffers.
13. Transfer of rights and obligations
- The parties are not entitled to their rights or obligations arising out of an agreement to transfer to third parties without the prior written consent of the other party.
- In the case of a removal of a domain name to another provider, the client's right to use the software manufactured by Maakum expires.
- Maakum has the right to take products and services (temporarily) out of service for maintenance work.
- Maakum does not accept any liability arising out of the disposal as stated in paragraph 1 of this article.
- Client shall be required to complain in writing in respect of observable defects no later than 14 days after delivery, failing to do so will expire any claim against Maakum.
- Claims in respect of hidden defects must be made in writing by means of a registered letter within 1 days after the defect has been detected, found could have been or should be found. If this is not the case it will void any claims to Maakum.
- If the claim is approved by Maakum the products delivered or services will be adjusted, replaced or reimbursed, after consultation.
- A claim or complaint does give the right to the client to defer payments.
13. Modification of the conditions
- Maakum reserves the right to modify or supplement these terms and conditions.
- Changes apply also with regard to agreements already concluded within a period of 30 days after notification of the change.
- Changes to the terms and conditions will be announced on the website of Maakum.
- If the client does not want to accept a change in conditions, he can dissolve the agreement until the date on which new conditions take effect or on the date of receipt of the notice of termination if this after the effective date of the change.
14. Dispute resolution and governing law
- If on court order one or more articles of these conditions be declared invalid, the other provisions of these terms and conditions shall remain in full force. Maakum and client will discuss new stipulations replacing the void conditions, or, as far as possible, to agree upon the purpose and intent of the invalid or destroyed provisions.
- On the contract is exclusively Dutch law applicable.
- Unless expressly agreed otherwise in writing, we reserve the copyright on texts, manuals, websites and software manufactured by us.