General Conditions

Article 1 Definitions

In these additional conditions the following definitions are used both in singular and plural form.

  1. Additional conditions: the present terms and conditions regardless of the way they are published (on paper, electronically through, e.g.: the website or on CD-ROM).
  2. Client: the party at which the other from Leaqpanel is directed, with who Leaqpanel made the agreement or for who the legal act is/will be executed, on which grounds the products or services are offered to this party.
  3. Products: all work and other activities that are subject to any offering, quotation, agreement or other legal act in the relation between Leaqpanel and the client.
  4. Registry: the designated body which is responsible for the registration of the domain name that is requested. An example of this (but not exclusively) is SIDN.

Article 2 Applicability terms and conditions

  1. The terms and conditions apply to and are a part of all offers, quotations, agreements and other legal acts, regardless if these are made oral, written, electronically or in any other form, regarding delivery by Leaqpanel of products and/or services for the client.
  2. The terms and conditions also apply to products and/or services that Leaqpanel obtained partially or entirely from third parties and distributed, modified or not, to the client as well as to products and/or services that are delivered to the client by third parties in order to execute the offer, quotation, agreement or other legal act.
  3. Deviations of the terms and conditions are only valid when these are explicitly agreed upon by Leaqpanel and the client in writing.
  4. Leaqpanel explicitly rejects the applicability of any terms and (purchase)conditions from the client.
  5. If and as far as any condition in the terms and conditions is annulled all other stipulations will still remain active. Leaqpanel and the client will initiate a conversation in order to decide upon a new condition as replacement of the annulled condition, where the idea behind the old condition is kept in mind.

Article 3 Offers, quotations and agreements

  1. All offers from Leaqpanel are non-binding unless explicitly stated otherwise.
  2. Quotations from Leaqpanel are valid for the term in the quotation. If no term is stated the quotation is valid for 30 (thirty) days after the quotation is published.
  3. Agreements are finalized when Leaqpanel accepts the assignment given by the client or when Leaqpanel starts executing the assignment.

Article 4 Prices and tariffs, extra work

  1. All prices mentioned by Leaqpanel are in euro's unless explicitly stated differently.
  2. All prices mentioned by Leaqpanel are without taxes (VAT) and any other by law imposed levies and without transport and/or delivery costs or travel and stay expenses unless explicitly stated differently.
  3. Leaqpanel is at all times allowed to change her prices and tariffs. Unless explicitly and agreed upon in writing that prices and tariffs are valid for a certain amount of time the announced changes in regard to the delivery of products and/or services will become effective 1 (one) month after the announcement.
  4. If the client does not agree with an announced change in rates by Leaqpanel the client is allowed to terminate the agreement in writing within 8 (eight) days after the change is announced against the date on which the change in question will start to apply.
  5. If, after discussing the matter with the client, it is decided to not follow the original agreement between Leaqpanel and the client the costs for the extra work will be billed to the client at the rate of the time of execution.

Article 5 Payment

  1. The client should pay the invoices from Leaqpanel within the term mentioned on the invoice. If no term is mentioned a term of 14 (fourteen) days applies.
  2. All payments by the client to Leaqpanel are deducted from the oldest open invoice from the client regardless of any other statement from the client.
  3. Any appeal by the client for delay, offsetting or deduction is not allowed.
  4. Leaqpanel is at all times allowed to ask (a partial) advance in regard to the delivery of products and/or services by using, for example, a provided authorization to Leaqpanel for automatic collection and to wait with the delivery until the advances are received. Leaqpanel is allowed to request assurance of payment in a by Leaqpanel chosen form like, for example, a bank guarantee. Leaqpanel will in such a case only deliver the products after this assurance has been given.
  5. If the client does not pay any invoice from Leaqpanel within the given term the client is automatically guilty of failure without the need for any letter of formal notice or summation. Leaqpanel is in such a case allowed to charge 10 (ten) euro administration costs without prior notice.
  6. If the client after a letter of formal notice still remains behind with payment of the indebted amount together with the legal interest Leaqpanel can give a claim for collection. In that case the client, aside from the payment of the main sum and the additional interest, is obligated to pay any extrajudicial and possibly judicial costs, explicitly next to the potentially costs assigned in law. The height of these costs are at minimum 15% (fifteen percent) of the main sum with a minimum of 750 (seven hundred and fifty) euro.
  7. Leaqpanel is entitled to terminate the registration of the domain if the payment is not received by Leaqpanel within 200 (two hundred) days after the invoice date. Such a situation does not relieve the client of his obligations.

Article 6 Delivery, risk and ownership

  1. Stated terms for the delivery by Leaqpanel of products and/or services are only a guideline and are thus never fatal unless explicitly agreed differently in writing.
  2. The risk of loss or damaging of the products that are subject to the agreement between Leaqpanel and the client is lifted to the client at the moment the products in question are put in the hands of the client or a helper of the client.
  3. The client should check all delivered products after delivery for possible errors or other shortcomings.
  4. All goods delivered to the client remain property of Leaqpanel until the client has paid all costs owed to Leaqpanel for services and/or products delivered by Leaqpanel as also the accompanying interest and costs as mentioned in the articles 5.5 and 5.6. If there are any written agreements that specific rights will be given or handed over these will be given on the condition that the related payments are timely and completely fulfilled.
  5. The offered services and products of Leaqpanel can only be used for purposes that are not in conflict with the law, good morality, the public order, the net etiquette, the agreement and these terms and conditions. Purposes that conflict with this include but not exclusively the following acts and behavior:
    • spamming
    • copyright violations or any other violations of intellectual property from third parties
    • distribution of child pornography
    • expression of racist comments
    • promotion of riots
    • entering of other computers (hacking) without authorization where any security is breached and/or access is obtained by a technical handling using false signals or a false key/by taking on a fake identity

Article 7 Objection

  1. All objections from the client regarding an invoice from Leaqpanel or an automatically collected amount should be mentioned to Leaqpanel within 14 (fourteen) days after the invoice date in writing after which the invoiced amount or collected amount is acknowledged by the client.
  2. If a client thinks that a product or service delivered by Leaqpanel does not comply with the agreement made between the parties the client should inform Leaqpanel about this within 14 (fourteen) days after delivery/14 (fourteen) days after that moment at which the client reasonably could be aware of the by him mentioned shortcoming in writing.

Article 8 Restricted content

  1. It is not allowed to post content on an offered service that is against the provisions of dutch law. Please see Article 6.5 of these General Conditions too.
  2. Placing backups is not allowed. This provision does not include backups of all content directly related to the offered service.
  3. The service should be used primarily for publishing a website making use of Joomla. Other software may only be used to support the main website, to be judged by Leaqpanel.

Article 9 Intellectual property

  1. All rights of intellectual property in regard to the products and/or services as well as the designs, programming, documentation and all other materials that are developed and/or used in preparation or execution of the agreement between Leaqpanel and the client remain exclusively with Leaqpanel or its suppliers. The delivery of products and/or services does not result in a transfer of intellectual property.
  2. Client only receives a non-exclusive and non-transferable usage-right for the use of the products and results of the services for the intentions as agreed upon. Client will strictly comply to the terms as stated in the terms and conditions or otherwise imposed on the client.
  3. Client will not, partially or entirely, without prior written permission, from Leaqpanel publish, multiply the products and results of the services nor will they make these available to third parties.
  4. Client will not remove or change remarks from Leaqpanel or its suppliers in regard to copyright, brands, trade names, or other rights of intellectual property.
  5. Leaqpanel claims that she is authorized to give the usage-right as mentioned in article 9.2 to the client and safeguards client from any claims from third parties. This condition does not apply when and as far the products and/or results of the services are changed and/or when these a delivered in combination with products from third parties, unless client in the last mentioned case can prove that the claims of third parties only apply to the products and/or results of the services as delivered by Leaqpanel.

Article 10 Distribution of details by client

  1. Client will always give Leaqpanel the requested details and all other information needed for the delivery of the products and/or services.
  2. Client takes responsibility for the correctness of the information mentioned in article 10.1 and assures that this information is complete and correct as well as that the client is authorized to give this information to Leaqpanel in order to deliver the products and/or services. Client safeguards Leaqpanel against any claims from third parties in this regard.
  3. If a client supplies details to Leaqpanel that can be labeled as personal-data the client guarantees that the distributed details comply with the regulations protecting the personal life and that the use and modification of this information by Leaqpanel is allowed as they are at the moment of handing over. Client safeguards Leaqpanel against any claims from third parties in this regard.

Article 11 Non-disclosure

  1. Parties confine to non-disclosure in regard to all confidential information that they receive about the organization of the other party. Parties also enforce this obligation to their employees and the third parties they contact for the execution of the agreement between the parties.
  2. Information is always confidential when one of both parties marks it as confidential.

Article 12 Accountability Leaqpanel

  1. The Legal accountability of Leaqpanel due to attributable shortcomings in the follow up of the agreement is limited to a reimbursement of the damage done to the client with a maximum of the amount for which the agreement was made. If the term of the agreement is longer than one year the requested reimbursement is determined on the total of imbursements, stipulated for the shortcoming of the running year. In no case the total reimbursement for direct damages will be more than 10.000 (ten thousand) euro and, in case the damage consists of either physical injury or damage to the company, a maximum of 10.000 (ten thousand) euro per event where a series of events is considered as one event.
  2. Direct damage exclusively means the costs that the client must reasonably make to fix or remove the shortcoming from Leaqpanel in such a way that the accomplishment of Leaqpanel lives up to the expectations as well as reasonable costs preventing or limiting such damage and reasonable costs to identify the cause and size of the damage. If Leaqpanel and the client explicitly and in writing agreed upon a binding delivery time the costs that the client reasonably should have made because of the necessary provisions because Leaqpanel did not deliver in time with deduction of potential savings as well as direct damage.
  3. Every liability of Leaqpanel for indirect damages, including but not limited to result damage, loss of profit or loss of turnover, is excluded.
  4. The liability of Leaqpanel is limited to 30 (thirty) days after delivery of the offered service or product and is exclusively to Dutch law and jurisdiction.

Article 13 Termination & duration of the agreement

  1. Every party is authorized to terminate the agreement extrajudicial if the other party is attributably failing to comply with the obligations and if, after proper written notification, the errors are not fixed within a reasonable timeframe. Dissolvement does not relieve the client of any obligation to pay for products or services which have already been delivered by Leaqpanel unless Leaqpanel is committing negligent omission in regard to a specific product or service.
  2. Leaqpanel is authorized to terminate the contract instantly without any further formal letter of notice is required and without obtaining any damages towards the client, if the client received temporary or permanent suspension of payment, the bankruptcy of the client is requested, confiscation took place on (a part of) the property of the client or if the company of the client will be liquidized or terminated.
  3. Directly after termination of the agreement, for whichever reason, the client will seize the use of the products and/or services at his disposal and returns all copies of programming, documentation and all other materials that have been made available to the client in regard to the agreement.
  4. The agreement starts on the the the customer the order to add the hosting packet or server lodges.
  5. The contract is concluded for an indefinite time.
  6. The agreement may be terminated at the end of the current contract year. A contract year includes always 12 (twelve) months.
  7. Termination of the agreement should be made at least 40 (forty) days before the end of the current contract year by a signed letter by mail, fax or mail. To determine whether or not the receipt was in time to terminate the agreement, the date and time of receipt of the letter will be used.

Article 14 Circumstances beyond one's power

  1. There is no accountable shortcoming from the side of Leaqpanel when there are circumstances beyond one's power.
  2. If the period of circumstances beyond one's power lasted longer than 60 (sixty) subsequent days the client has the right to terminate the agreement extrajudicial in written form without resulting in any reimbursement of damage done to the client as a result of the termination. Leaqpanel is authorized to payment by the client of all products and/or services that are offered to the client until the moment of termination.

Article 15 Personnel

  1. Client will give employees of Leaqpanel any support needed for the delivery of products and/or services at the office of the client in order to execute their works.
  2. It is not allowed for the client to, as long as the relation between the client and Leaqpanel lasts, and 1 (one) year after it's termination to hire any employees of Leaqpanel in one way or another, direct or indirect without written prior permission of Leaqpanel. An employee of Leaqpanel in this case is a person working directly for Leaqpanel or in one of the organizations affiliated to Leaqpanel or that have been working for Leaqpanel or one of the organizations affiliated to Leaqpanel not (longer) then 6 (six) months ago.

Article 16 Hosting & domain registration

  1. The General Conditions of 12Joomla are applicable to the hosting and domain registration(s), which is/are included in the packet.

Article 17 Disputes

  1. The client agrees to compensate Leaqpanel completely for claims, actions, bringing about of actions, damage and/or other costs (including legal fees) originating from violation of the aforementioned rules.
  2. The offers, quotations, agreements and other legal acts in regard to the delivery by Leaqpanel of products and/or services will be settled according to Dutch law.
  3. Disputes between Leaqpanel and the client that come forth from or relate to the offers, quotations, agreements and other legal acts regarding delivery of products and/or services by Leaqpanel are exclusively handled by the authorized judge in the territorial jurisdiction of Roermond (The Netherlands).

Article 18 Acceptance Conditions registry

  1. The customer accepts the applicable conditions (if any) of the registry of the requested domain.

 

Grubbenvorst, April 2010