General terms and conditions

General Terms and Conditions WP Provider version December 1, 2018

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Article 1. Definitions

  1. WP Provider: WP Provider bv located in Bussum and registered with the Chamber of Commerce under file number 73142689.
  2. Client: the natural or legal person who has entered into an Agreement with WP Provider or to whom WP Provider has submitted a quotation to that effect.
  3. General Terms and Conditions: the present document.
  4. Service: the specific service that WP Provider agrees with the Client, as stated in the Agreement or quotation.
  5. Agreement: the agreement between WP Provider and Client under which WP Provider will perform the Service.
  6. Website: www.WP Provider.nl
  7. Domain Name Supplier: an Issuing Body or Registrar, which, as a supplier for WP Provider, supplies domain names under one or more specific domain name extensions for the Client.
  8. Issuing body: organization that is listed with IANA as a Sponsoring Organization for one or more specific extensions and as such is authorized to register domain names with these extensions. For all domain names with the extension(s) assigned to the Issuing Body, the Issuing Body manages the central database and zone, through which domain names can be used.
  9. Registrar: an organization that has received permission from an Issuing Authority to register or change domain names directly in the central database.
  10. Extension: the suffix of a domain name after the first period, such as ‘.nl’ in WP Provider.nl.
  11. Domain name holder: the holder of a domain name according to the Issuing Authority.

Article 2. Quotation, offer and acceptance

  1. WP Provider will prepare a quotation indicating what is included in the Service and what amount will be due upon acceptance. Only the description of the Service stated in the quotation is binding. It is also possible for the Client to use the electronic ordering process on the Website in order to purchase the Service. The Website also indicates the amount due and the description of the Service stated on the Website is also binding.
  2. A quotation is without obligation and valid for 30 days after dispatch by WP Provider, unless otherwise stated in the quotation.
  3. If it turns out that information provided by the Client is incorrect, WP Provider has the right to adjust the prices accordingly.
  4. These General Terms and Conditions apply to the Agreement at all times, unless expressly agreed otherwise in writing. In addition to the General Terms and Conditions, additional terms and conditions may apply to specific products and/or services.

WP Provider makes these conditions available before or during the conclusion of the Agreement, in principle by means of a direct hyperlink.

  1. Provisions or conditions set by the Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for WP Provider if and insofar as they have been expressly accepted in writing by WP Provider.
  2. After acceptance, the Agreement may only be changed with mutual consent.
  3. The Agreement runs from the moment that notification of acceptance by the Client is received by WP Provider.

Article 3. Execution of the Service

  1. After the conclusion of the Agreement, WP Provider will perform the Service as soon as possible in accordance with the quotation, electronic order or order by letter or fax.
  2. Unless otherwise agreed in writing, WP Provider guarantees that the Service will be performed to the best of its ability, applying sufficient care and craftsmanship.
  3. If and to the extent that this is required for the proper execution of the Service, WP Provider has the right to have certain work carried out by third parties. Any associated additional costs will be borne by the Client, unless otherwise agreed.
  4. The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct performance of the Service. In particular, the Client ensures that all information that WP Provider indicates is necessary or of which the Client should reasonably understand that it is necessary for the performance of the Service, is provided to WP Provider in a timely manner.
  5. WP Provider is not permitted to independently make changes to the material supplied by the Client without prior permission from the Client, with the exception of changes that WP Provider considers necessary for the proper performance of the Service and which affect the essential content of the material. don’t change.
  6. If this is part of the Service, WP Provider will provide the Client with an administrative username and password. With this data, the Client has access to an administrative account and a management tool with which the Client can manage the delivery of the Service at its own discretion and manage accounts for individual users and set the possibilities and limitations for these individual users of the Service, all within the limits indicated in the Agreement.
  7. Every action that takes place via the administrative account or an account of an individual user is deemed to take place under the responsibility and risk of the Client. WP Provider cannot be held liable for this. In the event of suspected misuse of an account, the Client must report this to WP Provider as soon as possible so that it can take measures.
  8. Delivery times stated by WP Provider are always indicative, unless it is explicitly stated in writing that it concerns a deadline. WP Provider is, even in the event of an agreed deadline, only in default after the Client has given notice of default in writing.
  9. Exceeding agreed delivery times for whatever reason does not give any right to compensation, unless otherwise agreed in writing.
  10. WP Provider has the right to (temporarily) put delivered products and services out of use and/or limit their use, or not to deliver them or to only deliver them to a limited extent, if the Client fails to fulfill an obligation towards WP Provider with regard to the Agreement. acts contrary to these conditions.

Article 4. Prices

  1. All prices are exclusive of sales tax (VAT) and other levies imposed by the government, unless stated otherwise.
  2. All prices on the website, quotations, brochures and other documentation from WP Provider are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
  3. If the Agreement is a continuing performance agreement, WP Provider is entitled to increase the rates charged at any time. WP Provider will inform the Client of rate changes at least 2 (two) months in advance via website or email. In the event of a price increase, the Client has the right to terminate the Agreement, subject to a notice period of 1 (one) month.
  4. Without the possibility of termination by the Client, being a company, WP Provider has the right to increase all prices agreed with the Client by 4% every year as of January 1.
  5. All costs arising from the Agreement for WP Provider will be borne by the Client, unless otherwise agreed.

Article 5. Hosting and related services

  1. If the Service (also) serves to provide services regarding storage and/or transmission of material supplied by the Client to third parties, such as in the case of web hosting or e-mail services, the provisions of this article also apply.
  2. The Client will not publish or offer information via (the servers of) WP Provider that is contrary to Dutch law. This includes in particular but not exclusively information that is offered without the permission of the copyright holder(s), information that is defamatory, threatening, insulting, racist, hateful or discriminatory, information that contains child pornography and information that violates the privacy of third parties or an constitutes stalking, as well as hyperlinks, torrents or other references to such information on third party websites anywhere in the world (even if the information would be legal in the relevant jurisdiction).
  3. WP Provider uses a complaints procedure with which third parties (hereinafter: reporters) can submit a complaint that in their opinion there is such a conflict. If a complaint is justified in the opinion of WP Provider, WP Provider is entitled to remove the material or make it inaccessible. In that case, WP Provider is also entitled to provide personal data of the Client to a reporter or to the competent authorities. WP Provider will inform the Client about the progress of this procedure.
  4. If there is potentially criminal information, WP Provider is entitled to report this. WP Provider can hereby hand over all relevant information about the Client and the information to the competent authorities and perform all other actions that these authorities request WP Provider to perform in the context of the investigation.
  5. In the event of repeated (well-founded) complaints about the information offered by the Client, WP Provider is entitled to dissolve and/or terminate the Agreement.
  6. The Client indemnifies WP Provider against all damage resulting from the above. WP Provider is not liable for any damage that the Client suffers as a result of an intervention by WP Provider in the context of the complaints procedure, even if the complaint appears to be unfounded and the information is not contrary to Dutch law.
  7. The Client will refrain from hindering other Clients or internet users or causing damage to the servers. The Client is prohibited from starting processes or programs, whether or not via the server, of which the Client knows or can reasonably suspect that this will hinder or cause damage to WP Provider, other Clients or internet users. WP Provider will inform the Client of any measures.
  8. The Client will adhere to the generally accepted rules of conduct on the internet as laid down in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future amendments thereto.
  9. Without the permission of WP Provider, the Client is prohibited from transferring the username or usernames and password or passwords provided by WP Provider to third parties.
  10. WP Provider may set a maximum on the amount of storage space or data traffic per month that the Client may use in the context of the Service. If this maximum is exceeded, WP Provider is entitled to charge an additional amount, in accordance with the amounts for additional data traffic stated on the Website. There is no liability for the consequences of being unable to send, receive, store or change data if an agreed limit for storage space or data traffic has been reached.
  11. The Client hereby grants WP Provider an unlimited license to distribute, store, transmit or copy all materials distributed by the Client via the systems of WP Provider in any manner deemed appropriate by WP Provider, but only to the extent reasonably necessary. for the fulfillment of the Agreement by WP Provider.
  12. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points will be borne by the Client.

Article 6. Domain names and IP addresses

  1. If the Service (also) means that WP Provider will mediate for the Client in obtaining a domain name and/or IP address, the provisions of this article also apply.
  2. Application, allocation and possible use of a domain name and/or IP address depend on and are subject to the applicable rules and procedures of the relevant Domain Name Suppliers, including Stichting Internet Domain Registration Netherlands and RIPE. The relevant authority decides on the allocation of a domain name and/or IP address. WP Provider only fulfills an intermediary role in the application and does not guarantee that an application will be honored.
  3. The Client can only learn the fact of registration from the confirmation e-mail from WP Provider, which states that the requested domain name has been registered. An invoice for registration costs is not confirmation of registration.
  4. The Client indemnifies and holds WP Provider harmless against all damage related to (the use of) a domain name on behalf of or by the Client.
  5. WP Provider is not liable for the Client losing its right(s) to a domain name or for the fact that the domain name is requested and/or obtained in the meantime by a third party, except in the case of intent or gross negligence on the part of WP Provider.
  6. If WP Provider registers a domain name in its name for the Client, WP Provider will cooperate with requests from the Client to move, transfer or cancel this domain name.
  7. Domain name holder and Client are deemed to be the same (legal) person. If the Client and the domain name holder are different (legal) persons, the provisions of this paragraph also apply, unless the domain name holder is WP Provider or a local contact person of WP Provider on behalf of the Client:
  • The Client undertakes to inform the domain name holder about and to comply with Article 6, paragraph 8, which applies to the Client;
  • The Client remains responsible for compliance with all other provisions of the Agreement.
  1. The Client must comply with all registration conditions, provisions and (dispute) regulations that Domain Name Suppliers set for the application, allocation or use of a domain name and/or IP address. The Client is referred to domain name conditions that correspond to the relevant extension on an overview page. The domain name conditions are part of the Agreement.
  2. WP Provider has the right to make the domain name and/or IP address inaccessible or unusable, or to place it in its own name if the Client demonstrably fails to comply with the Agreement, but only for the duration that the Client is in default and will only be required to comply in writing after a reasonable period of time has elapsed.
  3. In the event of termination of the Agreement due to non-performance by the Client, WP Provider is entitled to cancel the domain name and/or IP address.
  4. The Client takes note of the privacy statement of WP Provider and agrees to the processing of personal data for domain names as described in the privacy statement.
  5. If data from the WHOIS is protected or hidden at the request of the Client, this does not mean that WP Provider will no longer be able to provide (name and address) data to the competent authorities. If WP Provider is under a legal obligation to provide data to competent authorities, WP Provider will comply with this obligation at all times.

Article 7. Availability of the Service

  1. WP Provider will make every effort to ensure uninterrupted availability of its systems and networks, and to provide access to data stored by WP Provider, but offers no guarantees in this regard unless otherwise agreed in the quotation or the electronic ordering procedure by means of a procedure designated as such. Service Level Agreement (SLA). Unless otherwise stated in such an SLA, the provisions of this article apply to availability.
  2. WP Provider does not make backup copies available to the Client, unless the Client has purchased an additional SLA for this. It is therefore the Client’s responsibility to make backup copies of the data stored at WP Provider.
  3. WP Provider will make every effort to keep the software it uses up to date. However, WP Provider is dependent on its supplier(s). WP Provider is entitled not to install certain updates or patches if, in its opinion, this does not benefit the correct delivery of the service.
  4. WP Provider will make every effort to ensure that the Client can use the networks that are directly or indirectly connected to the WP Provider network. However, WP Provider cannot guarantee that these networks are available at any time.
  5. If, in the opinion of WP Provider, there is a danger to the functioning of the computer systems or the network of WP Provider or third parties and/or to the provision of services via a network, in particular due to excessive sending of e-mail or other data, poorly secured systems or activities of viruses, Trojans and similar software, WP Provider is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger.

Article 8. Liability

  1. The liability of WP Provider for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfillment by WP Provider of its obligations under this Agreement, or as a result of an unlawful act by WP Provider, its employees or third parties engaged by it, is effective from event or a series of related events is limited to an amount equal to the annual fees that the Client owes under this Agreement (excluding VAT). However, under no circumstances will the total compensation for direct damage exceed 1,000 euros (excluding VAT).
  2. Liability of WP Provider for indirect damage, including consequential damage, lost profits, missed savings, loss of (business) data and damage due to business stagnation is excluded.
  3. Apart from the cases referred to in Article 8, paragraph 1, WP Provider is not liable for any damages, regardless of the grounds on which an action for damages would be based. However, the maximum amounts referred to in Article 8, paragraph 1, will lapse if and insofar as the damage is the result of intent or gross negligence on the part of management staff of WP Provider.
  4. The liability of WP Provider due to an attributable shortcoming in the performance of the Agreement only arises if the Client immediately and properly gives notice of default to WP Provider in writing, setting a reasonable period to remedy the shortcoming, and WP Provider is also accountable for compliance after that period. continues to fail in its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that WP Provider is able to respond adequately.
  5. WP Provider is never liable for damage caused by force majeure.
  6. The condition for the existence of any right to compensation is that the Client reports the damage in writing to WP Provider within 30 days after it occurred.
  7. The Client indemnifies WP Provider against all claims from third parties due to liability as a result of a defect in the Service provided by the Client to a third party and which also consisted of items, materials or results supplied by WP Provider.

Article 9. Disruptions and force majeure

  1. WP Provider has the right to temporarily decommission its systems, including the Website, or parts thereof for the purpose of maintenance, adjustment or improvement thereof. WP Provider will try to have such a decommissioning take place outside office hours as much as possible and will endeavor to inform the Client in a timely manner of the planned decommissioning. However, WP Provider is never liable for compensation for damage in connection with such decommissioning.
  2. WP Provider has the right to adjust its systems, including the Website, or parts thereof from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, WP Provider will make every effort to inform the Client thereof. In the case of adjustments that are relevant for multiple clients, it is not possible to waive a specific adjustment only for the Client. WP Provider is not obliged to pay any compensation for damage caused by such an adjustment.
  3. WP Provider will make every effort to inform the Client of the nature and expected duration of the interruption in the event of the Service being unavailable, due to disruptions, maintenance or other causes.
  4. In the event of force majeure, which in any case includes disruptions or failure of the internet, telecommunications infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, civil unrest, mobilization, war, transport disruptions, strikes, exclusion , business disruptions, stagnation in supply, fire, flood, import and export restrictions and in the event that WP Provider is not enabled to deliver by its own suppliers, regardless of the reason, as a result of which compliance with the Agreement cannot reasonably be expected from WP Provider required, the performance of the Agreement will be suspended or the Agreement will be terminated if the force majeure situation has lasted longer than ninety days, all without any obligation to pay compensation.

Article 10. Duration and termination

  1. If the Service extends to the periodic provision of services for a certain period, the Agreement is deemed to have been entered into for the minimum period indicated per service. If this minimum term has expired without either party having communicated its wish to terminate at least one (1) month before the end date of the contract, the agreement will be automatically extended for the term indicated per service. If the Client is a natural person who is not acting in the exercise of a profession or business and the Client has not communicated his wish to terminate before the minimum period has expired, the agreement will automatically be converted to an indefinite term, with a notice period of one month.
  2. If the Client is a natural person who is not acting in the exercise of a profession or business, the Client may cancel on any day after tacit renewal. The cancellation will take effect one month after receipt of the cancellation. ‘One month’ notice period means no later than the day with the same number in the following month.
  3. In the event of cancellation, termination or dissolution for any reason, WP Provider is entitled to immediately delete all stored data or make it inaccessible and to close all Client accounts. In that case, WP Provider is not obliged to provide the Client with a copy of this data.
  4. The Client can communicate a cancellation via the same channel through which the Agreement was entered into. The Client may also cancel in writing via My WP Provider. Since some channels are susceptible to abuse and identity theft, WP Provider can take measures in the interest of the Client to limit the risk of such abuse. For security reasons, WP Provider asks you to log in to My WP Provider at all times and cancel the service from there.
  5. If the Client is a natural person who does not act in the exercise of a profession or business, the Client has the right to terminate the Agreement, without giving reasons, within fourteen days after its conclusion, unless WP Provider has already terminated the Agreement within this period with the Client’s consent. Implementation of the Agreement has already started. Services that are excluded from the fourteen-day cooling-off period are stated, including the reason, at: https://www.WP Provider.nl/over-WP Provider/herroepingsrecht.
  6. If the Client fails to comply with any obligation under the Agreement, WP Provider has the right to terminate all Agreements concluded with the Client concerned without notice of default or judicial intervention being required and without prejudice to WP Provider’s right to compensation for damage, lost profits. and interest.

Article 11. Payment terms

  1. The Client’s payment obligation commences at the time the agreement is concluded. The payment relates to the period starting on the day of the actual availability of WP Provider products and services.
  2. WP Provider will send an invoice to the Client for the amount owed by the Client. The payment term for this invoice is 14 days after the date of the invoice, unless otherwise stated on the invoice or otherwise agreed in the Agreement.
  3. Client agrees to electronic invoicing by WP Provider.
  4. Notwithstanding the previous paragraph, WP Provider is not obliged to send an invoice if the Agreement is a continuing performance agreement. The Client will pay the amount due for that period to WP Provider monthly or in another agreed period in advance.
  5. Depending on the term for which the agreement has been entered into, the costs owed will be charged in advance and must be paid in advance, otherwise WP Provider reserves the right to (temporarily) suspend the services.
  6. If the Client has not paid on time, this will be communicated to the Client and a further payment term will be determined. If payment has not been made within that period, the Client will be in default without further notice of default. The Client will then owe the statutory interest as referred to in Articles 6: 119a and 6: 120 of the Dutch Civil Code (statutory commercial interest). If the Client is a natural person, not acting in the exercise of a business profession, he then owes the statutory interest as referred to in Article 6: 119 of the Civil Code.
  7. If amounts due cannot be collected or are not received due to the actions of the Client, WP Provider will in any case charge 5 euros for administration costs. The aforementioned administration costs will be increased to a maximum of 25 euros if the Client remains negligent to pay WP Provider’s claim and WP Provider is forced to outsource its claim. In the latter case, the Client is also obliged to pay reasonable compensation for extrajudicial costs, including all costs as referred to in Article 6: 96 of the Civil Code.
  8. If WP Provider has had to incur additional costs (other than those mentioned above) to collect the amount due, these will be recovered from the Client.
  9. If the Client is of the opinion that the costs charged are incorrect, the Client can inform WP Provider of the objections within two weeks of the invoice date. After receiving the objection, WP Provider will conduct an investigation into the correctness of the invoice amount.
  10. The claim for payment is immediately due and payable in the event that the Client is declared bankrupt, applies for a suspension of payments or if a complete seizure is made of the Client’s assets, the Client dies and furthermore, if it goes into liquidation or is dissolved.
  11. In the above cases, WP Provider also has the right to terminate or suspend implementation of the Agreement or any part thereof that has not yet been executed without notice of default or judicial intervention, without the right to compensation for any damage to the Client that may arise as a result.

Article 12. Intellectual property rights

  1. All intellectual property rights to all materials, software, analyses, designs, documentation, advice, reports, quotations, as well as preparatory material thereof developed or made available in the context of the Service, rest exclusively with WP Provider or its licensors.
  2. The Client only obtains the user rights and powers that arise from the scope of the Agreement or that are granted in writing and otherwise the Client will not reproduce or make public the software or other materials.
  3. The Client is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from the materials, including indications regarding the confidential nature and secrecy of the materials.
  4. WP Provider is permitted to take technical measures to protect the materials. If WP Provider has secured the materials by means of technical protection, the Client is not permitted to remove or circumvent this security.
  5. Any use, duplication or disclosure of the materials that falls outside the scope of the Agreement or granted usage rights is considered a violation of copyright. The Client will pay an immediately due and payable fine of 2,000 euros per infringing act and not subject to judicial mitigation to WP Provider, without prejudice to the right of WP Provider to be compensated for its damage caused by the infringement or to take other legal measures in order to have the infringement terminated. .

Article 13. Confidentiality

  1. The parties will treat information that they provide to each other before, during or after the execution of the Agreement as confidential when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the Agreement.
  2. WP Provider will not take note of data that the Client stores and/or distributes via WP Provider’s systems, unless this is necessary for the proper execution of the Agreement or WP Provider is obliged to do so under a legal provision or court order. In that case, WP Provider will make every effort to limit access to the data as much as possible, insofar as this is within its power.

Article 14. Changes to General Terms and Conditions

  1. WP Provider reserves the right to change or supplement these conditions.
  2. Changes also apply to agreements already concluded, subject to a period of 30 days after announcement of the change on the WP Provider website or by electronic notification. Changes of minor importance can be made at any time.
  3. If the Client does not want to accept a change in these conditions, he can terminate the agreement on that date until the date on which the new conditions come into effect.

Section 15. Final Provisions

  1. Dutch law applies to this agreement.
  2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court in Amsterdam.
  3. If any provision of this agreement proves to be void, this will not affect the validity of the entire agreement. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original Agreement and General Terms and Conditions as much as is legally possible.
  4. In these conditions, ‘written’ also includes e-mail and communication by fax, provided that the identity and integrity of the e-mail or fax is sufficiently established.
  5. De door WP Provider ontvangen of begeald versie van enige communicatie, gedane meting (monitoring), geldt als authentic, behandens tegenbewijs te leveren door Opdrachtgever.
  6. Partijen stellen elkaar steeds onverwijld op de hoogte van any changes in name, postal address, e-mail address, telephone number and despragagd bank- or gironummer. Opdrachtgever dient deze modaje door te voeren via Mijn WP Provider. Indien Kondrachtgever aantoonbaar bleakse bilbeit en onder geen enkele van de laatst verstätt beskrivelse contactgegevens meer berbeikkeit, WP Provider has the right to end the paid services at the end of the contract term and to say directly on unpaid services.
  7. Each Party is only entitled to transfer its rights and obligations from the Agreement to a third party with the prior written consent of the other Party.
  8. De Algamne Voorwarden Zagen Wipgestilde In Hit Nederlands In Hit Alice. De Nederlandse Text Is Bij Young Verschal van Anhud uf Satrkking Bundand.

Article 16. Anollande voorvarden vororkarsvorenkomst

In unrolling up üze alagmane voorvardan his de verorkursoverenkomst wen twepssing. Dze varorkursvorencomast kan j radpulgan v dze link.

Onollande voorwarden dominargstraatiis sitte de yu

When registering a domain name outside the EU (ccTLDs), you must be aware that the WP Provider cannot stand the privacy of those on whose name the domain name comes to stand (WHOIS). Kies je er ervervar om de domaine naam te registeren, dan ga je okord met het nemen van de vernarnemen rondom het delen van persoonsgewohnungs met de Registry van de berechting ccTLD. The responsibility lies with the WP Provider.

Onollande voorvarden dominargstraatiis

Indien je via ons een of meerdere domainennamen registrant or op jouw naam laat stellen, zullen wij deze voor jou vastleggen or vast leten leggen bij de registry die de de betreffende domainenaamextensie uitgeeft.

Voor sommige domainenaamextensies, zoals bij bij .nl-domeinnamen, eist de desbetreffende registry dat een vermeinen tot stand komt tussen jou en die registry. You grant us a power of attorney to conclude this agreement on your behalf and to agree to the applicable general terms and conditions on your behalf.

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