• Applicability
  1. These Website Offer Terms (“Terms”) supplement the “General Terms and Conditions of Cremers Computer Company” (“General Terms and Conditions”) and apply to the Agreement between CREMERS COMPUTERS and the Contracting Party regarding the Website offer.
  2. Cremers Computer Company reserves the right to modify or supplement these terms and conditions from time to time.
  3. By entering into the Agreement, the Contracting Party declares that it has taken notice of the Terms and Conditions and agrees to their content.

 

  • Prices
  1. All prices are expressed in Euros and, unless otherwise stated, exclude 21% VAT.
  2. Offers are only valid for the duration stated with the offer.

 

  • Services
    During the term of the Agreement, CREMERS COMPUTERS will do its utmost to provide the Website service in accordance with the conditions included in the General Terms and Conditions of the Website offering. If agreed, the service provision consists of:

  1. Registering and/or transferring a Domain Name.
    - registering a new domain name if the Contracting Party does not yet have one
  2. If the Contracting Party has registered a domain name:
    - transferring the URL from the existing provider; or
    - transferring the already registered domain name to CREMERS COMPUTERS.
  3. Hosting the Website on a CREMERS COMPUTERS server.
  4. Creating an email address (webmail) associated with the Domain Name.
    - If you use an email program, CREMERS COMPUTERS is not responsible for the connection between the webmail and the email program. CREMERS COMPUTERS will provide instructions via email on how to establish this connection.
  5. Designing and delivering the Website, including the Content Management System (CMS) that allows the Contractor to make adjustments to the Content themselves.
  6. Providing service and support for the content (text and photos) and technology of the Website
  7. Making available a system with which the Contractor can analyze visits to its Website.
  8. Search engine optimization by registering the website with multiple search engines.

 

  • Website development
  1. In the context of the delivery of the Website, CREMERS COMPUTERS will contact the Contractor by telephone once to review the necessary CREMERS COMPUTERS Content and Contractor Content. Based on the information provided by the Contractor, CREMERS COMPUTERS will do its utmost to deliver a first draft of the Website within the agreed timeframe by sending the Contractor an email containing a link to the Website.
  2. The Website to be delivered by CREMERS COMPUTERS consists of the number of pages agreed upon in the Agreement, containing general information, photos, and any other content relating to the products and services of the Contractor. The Website may contain both CREMERS COMPUTERS Content and other Content.
  3. Upon receipt of the delivery email, the Contractor has 5 working days to submit any adjustments to CREMERS COMPUTERS. If these are accepted, CREMERS COMPUTERS will process the adjustments and deliver the modified Website in the manner specified in Article 4.1. After this round of adjustments, the Website shall in any event be deemed accepted, and the Contractor may contact CREMERS COMPUTERS for any further adjustments.
  4. The Website is deemed to have been accepted by the Contracting Party:
    - if the Contracting Party has not submitted a request for adjustment to CREMERS COMPUTERS within the time limit of 5 working days.
    - if the Website is delivered by CREMERS COMPUTERS in accordance with Article 4.3 after the completion of the adjustment round.
    Upon acceptance, CREMERS COMPUTERS will launch the Website and link it to the Domain Name. If the Domain Name is not (yet) available, CREMERS COMPUTERS will temporarily publish the Website on a subdomain of Cremers Computers.
  5. If agreed, CREMERS COMPUTERS will link an email account to the Website. If the Contracting Party already has an existing email address, that email address may be placed on the Website. At the request of the Contracting Party, CREMERS COMPUTERS may set up a new email address and explain to the Contracting Party via email how that email address can be implemented on their computer. Upon termination of the Agreement, CREMERS COMPUTERS will delete the email address.
  6. Three months after the delivery of the Website, CREMERS COMPUTERS will contact the Contractor by telephone to optimize and, if necessary, adjust the Website. CREMERS COMPUTERS will inform the Contractor of the costs associated with this.

 

  • Payment
  1. Payment of the amount due must be made monthly in advance by direct debit.
  2. The Contractor owes Cremers Computers the fees agreed upon in the Agreement. All fees owed to Cremers Computers are, unless expressly stated otherwise, denominated in euros, excluding VAT and other levies.
  3. The fees may consist of one-off amounts, annual or otherwise periodic amounts, and amounts dependent on the use of the Service.
  4. Cremers Computers is entitled to increase the fees during the term of the Agreement. If the increase in the total value of the Agreement amounts to 10% or more, while the content of the Agreement otherwise remains unchanged, and the Contracting Party does not wish to agree to this increase, the Contracting Party has the right to terminate the Agreement in part in writing within 14 days of the announcement of the increase, effective from the date on which the increase takes effect. This right of termination does not apply if the increase amounts to less than 10%.
  5. Cremers Computers is entitled at all times to request an advance payment of the fees.
  6. Cremers Computers shall charge the amounts owed by the Contractor by means of an invoice. The data from Cremers Computers' records shall be decisive for determining the amount of the invoice.
  7. Payment must be made in the manner indicated by Cremers Computers. Unless a different payment term has been expressly agreed upon in writing, payment of the entire invoice amount must be made within 14 days of the invoice date.
  8. The Contracting Party is not permitted to invoke any suspension, set-off, or deduction.
  9. If the Contractor fails to pay the invoice within the payment term, the Contractor shall be in default without further notice of default. From the date of default, the Contractor shall owe interest on the outstanding amount at a rate of 1% per month, unless the statutory commercial interest on a monthly basis is higher than 1% per month, in which case the statutory commercial interest shall be due, until the date of full payment. For the calculation of the interest, a part of a month shall be counted as a full month.
  10. From the date of default, the Contracting Party shall be obliged, in addition to payment of the principal sum and the interest due thereon, to reimburse all extrajudicial and, where applicable, judicial costs, expressly in addition to any costs determined in court. The amount of the extrajudicial costs shall be at least 15% of the principal sum, with a minimum amount of € 50.00 (fifty euros).
  11. Cremers Computers is entitled to investigate the creditworthiness of the Contracting Party. If desired, the Contracting Party shall, upon first request from Cremers Computers, provide sufficient security for the fulfillment of existing and future obligations towards Cremers Computers. In such a case, Cremers Computers is entitled to deliver the Service, or a part thereof, only after the desired security has been obtained.

 

  • Hosting
  1. For the duration of the Agreement, CREMERS COMPUTERS shall provide the Contractor with a hosting service regarding the Website. As part of the hosting service, CREMERS COMPUTERS shall make disk space available on a Server to be determined by CREMERS COMPUTERS for hosting the Website, resolving malfunctions, and ensuring the accessibility of the Website.
  2. CREMERS COMPUTERS undertakes to maintain the security of the Server and Website and to adapt it to the state of the art, and will do its best to prevent unauthorized access to and unauthorized modification of the Website.

 

  • Use Website
  1. The Contractor shall, through the use of the Website, not infringe upon the rights of third parties (including but not limited to third parties who also make use of the Website services), not behave improperly or unlawfully towards such third parties, and shall not cause damage to third parties. In particular, the Contractor shall:
    - do not send spam or large volumes of emails at a time via the Website;
    - not gain access to computers, computer systems, or Websites for which he is not authorized;
    - not intentionally distribute viruses or other programs or data that can cause damage to the equipment, software, or data of third parties.
    - not use the Website in such a way that the proper functioning of the computer systems of CREMERS COMPUTERS and its suppliers or third parties is prevented, that customers of CREMERS COMPUTERS or of the suppliers of CREMERS COMPUTERS are hindered in the use of their Website, or that internet traffic is disrupted.
  2. Without prejudice to its other rights and without being liable for damages, CREMERS COMPUTERS is entitled to suspend its obligations under the Agreement, including the removal of the Website, if the Contractor acts in breach of this article. The Contractor shall indemnify CREMERS COMPUTERS against claims from third parties related to the Contractor's actions in breach of this article.

 

  • Ownership and risk
  1. Ownership of the website shall, notwithstanding actual delivery, only pass to the buyer after full payment of what is due to Cremers Computer Company under any agreement.
  2. Before the buyer becomes the owner of the website, he may not rent out, lease, encumber, or otherwise burden the website. The buyer is only entitled to sell the website, of which Cremers Computer Company is the owner, to third parties insofar as this is necessary in the context of the buyer's normal business operations. The buyer shall inform his customers of the supplier's ownership rights.
  3. The risk transfers at the moment of delivery of the website.

 

  • Domain name
  1. If agreed, CREMERS COMPUTERS will apply for and register the Domain Name with the Domain Name Registry.
    The Contracting Party acknowledges and agrees that the general terms and conditions and other rules of the Registry apply to the application and registration with the Registry and the use of the Domain Name. Upon request from the Contracting Party, CREMERS COMPUTERS will provide these general terms and conditions and rules to the Contracting Party.
  2. The Contractor is aware that the Registry processes domain name applications in the order in which they are received.
    The Registry decides on the final allocation of the Domain Name. CREMERS COMPUTERS will do its utmost to apply for the Domain Name on behalf of the Contracting Party but cannot provide any guarantee regarding the successful registration of the Domain Name by CREMERS COMPUTERS with the Registry.
  3. If the Contractor (or a third party acting on behalf of the Contractor) has already registered a Domain Name prior to the Agreement, which the Contractor wishes to use within the framework of the Agreement, the Contractor shall ensure that it is transferred to CREMERS COMPUTERS. As soon as the Domain Name has been transferred to CREMERS COMPUTERS, CREMERS COMPUTERS shall ensure
    ensure that this Domain Name can be linked to the Website. In the context of the transfer, the Contractor shall at all times provide all necessary information and cooperation, including but not limited to requesting the EPP token from the current provider and issuing the instruction for the transfer of the Domain Name.
  4. The Contracting Party acknowledges and agrees that CREMERS COMPUTERS registers the Domain Name exclusively in its own name. As a result, the Contracting Party has no control over the registration of the Domain Name.
  5. The Contractor warrants that its use of the Domain Name does not infringe upon the rights of third parties, including but not limited to trademark and trade name rights belonging to third parties. If the Contractor suspects that the Domain Name infringes upon the rights of third parties, it shall notify CREMERS COMPUTERS thereof as soon as possible. CREMERS COMPUTERS is entitled at all times to change the Domain Name, for example if it itself suspects that the use thereof by the Contractor infringes upon (intellectual property) rights of third parties or is otherwise unlawful towards third parties. Where possible, CREMERS COMPUTERS shall notify the Contractor in writing in advance of the change. The change of the Domain Name does not result in an obligation on the part of CREMERS COMPUTERS to pay compensation to the Contractor for costs incurred or damage suffered by the Contractor. If a third party holds CREMERS COMPUTERS liable in connection with an infringement of its rights, CREMERS COMPUTERS shall refer this third party to the Contractor. The Contractor indemnifies CREMERS COMPUTERS against all costs and damages resulting from third-party claims in this regard.
  6. The Contracting Party is entitled to take over the Domain Name registered for him free of charge upon the expiration of the Agreement. Upon request, CREMERS COMPUTERS will generate a transfer code and send it to the Contracting Party by email. The transfer code remains valid for 5 days. If the Contracting Party does not use the transfer code within 5 days, the Domain Name will be released and (after a quarantine period of 40 days) made available for registration by third parties. If the Contracting Party takes over the Domain Name, the email address will automatically transfer with it (a process of approximately 5 days).

 

  • Applicable law and competent court
  1. Dutch law applies to all legal relationships between the Contractor and the Client.
  2. All disputes, insofar as they fall within the jurisdiction of the district court, shall be adjudicated in the first instance by the competent court in the place of establishment of the client.

 

  • Support
  1. Upon delivery of the Website, CREMERS COMPUTERS provides support regarding the use of the Website based on a fair use policy. The support may consist of:
    - uploading Content;
    - providing information regarding the placement of the Content;
    - advising on search terms;
    - modifying and supplementing the Website;
    - explaining the monthly report that the Contractor receives;
    - adjusting imagery relating to the Website;
    - advise on other existing products offered by CREMERS COMPUTERS. Modifications carried out by Cremers Computer at the request of the Contractor will be invoiced separately from the monthly fee. We charge a rate of €45 per hour excluding 21% VAT for website work.

 

  • Duration of agreement
  1. For the Website offer, the Contracting Party enters into an Agreement with a minimum term of 3 years. Thereafter, the Agreement will be automatically converted into an Agreement for an indefinite period. From that moment on, the Contracting Party may terminate the Agreement at the end of every month.
  2. One-time setup costs of €250
  3. The rate for the first year (12 months) is €39 per month.
  4. The rate for the 2nd year (12 months) is €29 per month.
  5. The rate for the 3rd and subsequent years is €19 per month.