General Terms and Conditions

Article 1 Definitions

1. Website-Hosting: the user of these terms and conditions.
2. Client: the contracting party of Website-Hosting.
3. Parties: Website-Hosting and Client together.
4. Consumer: a Client who is a natural person and who does not act in the exercise of a profession or business when concluding the agreement.
These terms and conditions apply to every quotation, offer, activity, order, agreement, and delivery of services or products by or on behalf of Website-Hosting.
Parties can only deviate from these conditions if they have expressly agreed to this in writing.
Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the Client or of third parties.
If one or more provisions in these general terms and conditions prove to be void or voidable at any time, the remaining provisions of these general terms and conditions shall remain in full force and effect.
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
If Website-Hosting does not always require strict compliance with these conditions, this does not mean that these provisions do not apply, or that Website-Hosting would lose the right to require strict compliance with the provisions of these general terms and conditions in other cases.

Article 2. Prices

1. All prices used by Website-Hosting are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. All prices that Website-Hosting uses for its products or services, on its website or that are made known otherwise, Website-Hosting can change at any time.
3. Increases in cost prices of products or parts thereof, which Website-Hosting could not foresee at the time of making an offer or concluding the agreement, may give rise to price increases.
4. The Consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Article 3. Samples and models

1. If the Client has been shown or provided with a sample, specimen, model, drawing, photograph or description of the product or service, it is only assumed to have been provided as an indication, unless expressly agreed that the product or service will correspond to it.
2. Website-Hosting cannot guarantee that the colors, dimensions or other properties shown on the website exactly match the actual product.
3. The information on the Website-Hosting website is compiled with care. Website-Hosting cannot guarantee that all information on the website is correct and complete. Website-Hosting therefore expects the Client to check this information before using it.
4. Website-Hosting has the right to change or supplement the information on the website without prior notice. Website-Hosting is not liable for the consequences of such changes or additions.

Article 4. The Agreement

1. An agreement between Website-Hosting and the Client is concluded when the Client has accepted a quotation or assignment from Website-Hosting within its validity period, whereby the conditions stated in that quotation or assignment are met and this acceptance has been confirmed by Website-Hosting in writing, or when Website-Hosting, with the Client's consent, has already begun to fulfill the request.
2. If the acceptance (even if on minor points) deviates from the offer included in the quotation or order, Website-Hosting is not bound by it. The agreement then does not come into effect in accordance with this deviating acceptance, unless Website-Hosting indicates otherwise.
3. A composite quotation does not oblige Website-Hosting to deliver a part of the goods or services included in the offer or quotation for a corresponding part of the stated price.
4. Offers or quotations do not automatically apply to future orders.
5. Delivery periods specified by Website-Hosting are indicative and do not give the Client the right to terminate or compensation if this period is exceeded, unless expressly agreed otherwise.
6. Offers and quotations from Website-Hosting are without obligation, unless a period for acceptance is stated in the quotation. If no acceptance period is stated, no rights can be derived from the offer or quotation if the product or service to which the offer or quotation relates is no longer available in the meantime.
7. Website-Hosting cannot be held to its offers or quotations if the Client can reasonably understand that the offers or quotations, or any part thereof, contain an obvious mistake or clerical error.
8. The prices in an offer or quotation are based on delivery EXW, Incoterms 2010, from Website-Hosting's business premises, unless stated otherwise. The Client bears all other costs.
9. If no offer or quotation has been made, the agreement is concluded by confirming the order by Website-Hosting to the Client.

Article 5. Duration of the agreement for the delivery of services

1. An agreement that extends to the regular delivery of services by Website-Hosting is entered into for the period specified in the agreement.
2. If no explicit duration has been agreed or if the agreement does not relate to the delivery of a specified quantity, the agreement is considered to be concluded for an indefinite period. Both parties can then terminate the agreement with due observance of a notice period of three months, unless the parties have agreed on a different notice period.
3. If the Client is a Consumer, he can terminate an agreement concluded for an indefinite period at any time with due observance of a notice period of one month.

Article 6. Execution of the agreement

1. Website-Hosting executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Website-Hosting has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the Client.
4. It is the responsibility of the Client that Website-Hosting can start the implementation on time. If the Client has not ensured that Website-Hosting can start the implementation on time, the additional costs and/or additional hours will be charged to the Client.
5. Without being in default, Website-Hosting has the right to suspend the execution of the agreement if the Client does not properly fulfill his payment obligations towards Website-Hosting.
6. Website-Hosting has the right to suspend the execution of the agreement if, due to circumstances that have come to the knowledge of Website-Hosting after the conclusion of the agreement, Website-Hosting has good grounds to fear that the Client will not fulfill his obligations.
7. Website-Hosting also has the right to suspend the execution of the agreement if the Client has been requested to provide security for the fulfillment of his obligations in the agreement and this security is not forthcoming or insufficient.
8. Website-Hosting is entitled, unless the Client is a Consumer, to charge the costs arising from the suspension as referred to in the previous paragraphs to the Client.

Article 7. Transfer of risk

1. The risk of loss, damage or depreciation transfers to the Client when the products are delivered to the Client, but no later than when these are made available to the Client and he has been informed of this availability and the product is ready for shipment or collection.
2. If it has been agreed that Website-Hosting will arrange the transport, the risk transfers to the Client when the shipment has been delivered to the designated address and has been made available to the Client.
3. If the Client fails to take delivery, Website-Hosting may store the products at the expense and risk of the Client.

Article 8. Investigation, complaints

1. The Client must investigate whether the quality and quantity of the delivered products meet the agreement, preferably at the time the products are made available to the Client. Any visible defects must be reported to Website-Hosting in writing within 48 hours after delivery.
2. Any invisible defects must be reported to Website-Hosting in writing immediately, but in any case within 14 days, after discovery.
3. The notification must contain a detailed description of the defect, so that Website-Hosting is able to respond adequately.
4. The Client must give Website-Hosting the opportunity to investigate a complaint.
5. If a return shipment is necessary, this will take place at the expense and risk of the Client, unless Website-Hosting concludes after investigation that the products actually do not meet the agreement.

Article 9. Delivery

1. Delivery takes place EXW, Incoterms 2010, from Website-Hosting's business premises.
2. The Client is obliged to take delivery of the products when these are made available to him.
3. If the Client refuses to take delivery or fails to provide information or instructions necessary for delivery, Website-Hosting is entitled to store the products at the expense and risk of the Client.
4. Website-Hosting is entitled to charge any additional costs incurred for delivery to the Client.
5. If Website-Hosting requires information from the Client in the context of the execution of the agreement, the delivery time does not start until after the Client has made this available to Website-Hosting.

Article 10. Non-delivery

1. If Website-Hosting cannot deliver, it will inform the Client as soon as possible, but no later than 30 days after concluding the agreement. In that case, Website-Hosting is entitled to terminate the agreement without any obligation to pay compensation and without the Client being able to claim any compensation.

Article 11. Retention of title

1. The products delivered by Website-Hosting remain the property of Website-Hosting until the Client has properly fulfilled all his obligations towards Website-Hosting under any agreement concluded with Website-Hosting.
2. Products delivered by Website-Hosting that fall under retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or otherwise encumber the products that fall under the retention of title.
3. If third parties seize the products delivered under retention of title or wish to establish or assert rights thereon, the Client is obliged to inform Website-Hosting of this immediately.
4. The Client undertakes to insure the products delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection at first request to Website-Hosting.
5. In the event that Website-Hosting wishes to exercise its property rights indicated in this article, the Client gives unconditional and irrevocable permission in advance to Website-Hosting and third parties to be designated by Website-Hosting to enter all those places where Website-Hosting's property is located and to take it back.

Article 12. Payment

1. Payment must be made within 14 days after the invoice date, in a manner to be indicated by Website-Hosting in the currency in which the invoice was issued, unless Website-Hosting has indicated otherwise in writing. Website-Hosting is entitled to invoice periodically.
2. If the Client fails to pay an invoice on time, the Client is automatically in default. The Client then owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the Client is in default until the moment of payment of the full amount due.
3. Website-Hosting has the right to apply the payments made by the Client first to reduce costs, then to reduce accrued interest and finally to reduce the principal sum and current interest. Website-Hosting can, without being in default, refuse an offer of payment if the Client designates a different order for the allocation of the payment. Website-Hosting can refuse full repayment of the principal if the accrued and current interest and collection costs are not also paid.
4. The Client is never entitled to set off the amount he owes to Website-Hosting. Objections to the amount of an invoice do not suspend the payment obligation.
5. If the Client is in default in the fulfillment of his obligations, all reasonable costs to obtain satisfaction out of court are at the expense of the Client. The extrajudicial costs are calculated based on what is customary in the Belgian collection practice. If Website-Hosting has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.

Article 13. Suspension and dissolution

1. Website-Hosting is authorized to suspend the fulfillment of obligations or to dissolve the agreement if the Client does not fulfill the obligations from the agreement, or does not do so fully or on time, if after concluding the agreement Website-Hosting becomes aware of circumstances that give good reason to fear that the Client will not fulfill his obligations, if the Client has been requested when concluding the agreement to provide security for the fulfillment of his obligations under the agreement and this security is not forthcoming or insufficient, or if due to the delay on the part of the Client, Website-Hosting can no longer be required to fulfill the agreement under the originally agreed conditions.
2. Website-Hosting is furthermore authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise of such a nature that unchanged maintenance of the agreement cannot reasonably be required of Website-Hosting.
3. If the agreement is dissolved, Website-Hosting's claims against the Client are immediately due and payable. If Website-Hosting suspends the fulfillment of obligations, it retains its rights under the law and agreement.
4. Website-Hosting always retains the right to claim compensation.
5. If the Client fails to fulfill his obligations arising from the agreement and this non-fulfillment justifies dissolution, Website-Hosting is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation, while the Client, due to breach of contract, is obliged to pay compensation.
6. If Website-Hosting terminates the agreement prematurely, Website-Hosting will, in consultation with the Client, ensure that work still to be performed is transferred to third parties. This unless the termination is attributable to the Client. If the transfer of the work entails additional costs for Website-Hosting, these will be charged to the Client. The Client is obliged to pay these costs within the period mentioned for this, unless Website-Hosting indicates otherwise.
7. In case of liquidation, application for suspension of payment or bankruptcy, attachment - insofar as the attachment has not been lifted within three months - at the expense of the Client, debt restructuring or another circumstance as a result of which the Client can no longer freely dispose of his assets, Website-Hosting is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation. Website-Hosting's claims against the Client are immediately due and payable in that case.
8. If the Client cancels a placed order in whole or in part, the work performed and the materials ordered or prepared for it, increased with any supply and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Client.

Article 14. Force majeure

1. Website-Hosting is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not due to fault, and is not for its account under the law, a legal act or generally accepted views.
2. Under force majeure, these general terms and conditions mean, in addition to what is understood about this in law and jurisprudence, all external causes, foreseen or unforeseen, on which Website-Hosting cannot exercise influence, but as a result of which Website-Hosting is unable to fulfill its obligations. Strikes in Website-Hosting's company or that of third parties are also included. Website-Hosting also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after Website-Hosting should have fulfilled its obligation.
3. During the period that the force majeure continues, Website-Hosting may suspend its obligations under the agreement. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to compensate the other party for damages.
4. Insofar as Website-Hosting has already partially fulfilled its obligations under the agreement at the time force majeure occurs or will be able to fulfill them, and independent value can be attributed to the part already fulfilled or to be fulfilled, Website-Hosting is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 15. Intellectual property rights

1. Website-Hosting reserves the rights and powers that belong to it under the Copyright Act and other intellectual legislation and regulations. Website-Hosting has the right to use the knowledge gained through the execution of an agreement also for other purposes, provided that no strictly confidential information of the Client is brought to the knowledge of third parties.

Article 16. Applicable law and disputes

1. Belgian law exclusively applies to all legal relationships in which Website-Hosting is a party, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
2. The court in Website-Hosting's place of establishment has exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise. Nevertheless, Website-Hosting has the right to submit the dispute to the court that is competent according to the law.
3. Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.

Article 17. Location and modification of conditions

1. These conditions are deposited with the Chamber of Commerce Kortrijk.
2. The version last deposited or the version as it applied at the time the legal relationship with Website-Hosting was established always applies.
3. The Dutch text of the general conditions is always decisive for the interpretation thereof.

Billing Terms and Conditions

1. Except for special conditions mentioned on the front of the invoice or order form and signed for approval by the customer, only and to the exclusion of all others, the conditions that are stated below apply.
2. The specifications and price quotations are based on the currently applicable values of wages, materials and services. If these undergo changes independent of the seller's will, the seller reserves the right to adjust the prices proportionally. The customer has the right to cancel the agreement within eight days after being informed of this price change.
3. Complaints regarding conformity or visible defects concerning delivery must reach us within eight days after delivery and in any case before use or resale of the goods.
4. The protest against the invoice must be made in writing within eight days after the invoice date. Please always mention the date and number of the invoice.
5. All invoices are payable in cash unless otherwise agreed.
6. In case of non-payment of the invoice within the set period, default interest equal to the legal interest rate is due by law from the due date without prior notice of default. In addition, a flat-rate compensation of 10 percent of the invoice amount is due.
7. The same compensation is due by the seller in case of late delivery not due to force majeure.
8. In case of cancellation of the order, the buyer is also due a flat-rate compensation amounting to 10 percent of the order with a minimum of 125 Euro, subject to the express reservation of the possibility to claim higher damages. If the agreement is cancelled by the seller, he will owe equal compensation to the buyer.
9. As long as the delivered goods have not been paid for, they remain the property of the seller.
10. In case of dispute, the courts or justice of the peace territorially competent of the place where the obligations about which the dispute runs or one of them originated or where they are or must be executed. Belgian law applies to this agreement.
11. If the buyer does not collect the goods on the date communicated to him, we reserve the right, after the expiry of a period of fifteen days, to consider the agreement dissolved without prior notice of default. Storage of goods pending delivery or collection is at the buyer's expense and risk.
12. The agreement may be terminated by both parties without any compensation in case of impossibility to execute it as a result of force majeure, strike, lock-out, strike by other parties...
13. We reserve the right to consider the agreement legally dissolved without prior notice of default in case of bankruptcy or apparent insolvency of the customer.
14. Costs related to unpaid bills or checks as well as other collection costs are not included in this flat-rate compensation and will be charged separately to the buyer.
15. If we undertake to provide services or performances, one third must be paid upon signing the order form, one third at the start of the performance or service and one third upon delivery or completion thereof.
16. In case of non-payment, we reserve the right to stop further deliveries, performances and services.
17. In case of non-payment, we reserve the right to consider the agreement legally dissolved without prior notice of default for the whole or the part not yet executed.
18. Goods are shipped at the buyer's risk except in case of intent or gross negligence on the part of the carrier. Transport costs are, unless otherwise determined, at the buyer's expense.
19. If invoices are not paid on time, all current services are temporarily stopped until invoices are settled.

Website-Hosting Partner Program Terms

Rules for the Website-Hosting partner program

There are a number of rules for participating in the Website-Hosting partner program. Once you have registered for the Website-Hosting partner program, we will test your registration against those rules. You will hear within ten working days of your registration whether you have been admitted to the program. We will let you know this via email.

Note: discounts and other components of the Website-Hosting partner program only take effect when your admission to the Website-Hosting partner program has been confirmed by email by Website-Hosting.

All amounts we mention in these rules are exclusive of VAT.

You are eligible for the Website-Hosting Partner Program if:

1. You are a reseller and sell Website-Hosting products to your customers.
2. You have placed at least one order with Website-Hosting in the 12 months prior to your application.
3. Your company is physically located in the Netherlands or Belgium.
4. You are creditworthy and agree that we periodically test your creditworthiness. Website-Hosting has the right at all times to exclude participants and to change rules, discount scales, conditions and other components of the Website-Hosting partner program interim, without further explanation.

A Website-Hosting partner is rewarded for bringing clients to Website-Hosting.

This is through a percentage of 10% on the tax base and is only valid for the sale of web development and web design. This percentage is paid to the partner within 30 days after completion of the service and upon payment of the sales invoice by the acquired client. The payment is transferred to a previously agreed account number. The partner is asked to draw up an invoice to Website-Hosting with the agreed amount with a payment term of 30 days. The amount paid out is always determined exclusive of VAT.

Example: You bring client X to Website-Hosting. Client X buys a website for 850 euros exclusive of VAT. You make an invoice to Website-Hosting with tax base €85 with VAT of 21% total 102.85 euros. The invoice has a payment term of 30 days and starts on the day you receive via email from Website-Hosting.

The invoice is always drawn up with the following data:

Invoicing to Website-Hosting always happens with mention of the given reference number, payment term of min. 30 days and with the following invoicing data:

Website-Hosting
Conterdreef 1
8920 Poelkapelle Belgium
[email protected]
VAT BE 0690 730 664

Termination and exclusion

Website-Hosting has the right to exclude participants interim and without further explanation from the Website-Hosting partner program. Website-Hosting always informs participants by email in case of changes.

Objection

Do you want to object to the calculation of your discount or any other decision related to your participation in the Website-Hosting partner program? Send an email to: [email protected].

General conditions

Our General terms and conditions for businesses apply to all our transactions, including transactions that fall within the Website-Hosting partner program and that count towards the amount of your discount.

Privacy Policy

We are aware that you place trust in us. We therefore see it as our responsibility to protect your privacy. On this page we let you know what data we collect when you use our website, why we collect this data and how we use this to improve your user experience. So you understand exactly how we work. This privacy policy applies to the services of Website-Hosting. You should be aware that Website-Hosting is not responsible for the privacy policy of other sites and sources. By using this website you indicate that you accept the privacy policy.
Website-Hosting respects the privacy of all users of its site and ensures that the personal information you provide us is treated confidentially. Our use of collected data

Use of our services
When you register for one of our services we ask you to provide personal data. This data is used to be able to provide the service. The data is stored on Website-Hosting's own secure servers or those of a third party. We will not combine this data with other personal data we have. Communication When you send us email or other messages, we may retain those messages. Sometimes we ask you for your personal data that is relevant to the situation in question. This makes it possible to process your questions and answer your requests. The data is stored on Website-Hosting's own secure servers or those of a third party. We will not combine this data with other personal data we have.

Cookies
We collect data for research to gain better insight into our customers, so that we can tailor our services accordingly. This website uses "cookies" (text files that are placed on your computer) to help analyze how Website-Hosting users use the site. The information generated by the cookie about your use of the website may be transferred to Website-Hosting's own secure servers or those of a third party. We use this information to track how you use the website, to compile reports on website activity and to provide other services related to website activity and internet usage.

Purposes
We do not collect or use information for purposes other than those described in this privacy policy unless we have obtained your prior consent.

Third parties
Information is not shared with third parties. In some cases the information may be shared internally. Our employees are required to respect the confidentiality of your data. Changes This privacy statement is tailored to the use and possibilities of this site. Any adjustments and/or changes to this site may lead to changes in this privacy statement. It is therefore advisable to regularly consult this privacy statement.

Choices for personal data
We offer all visitors the possibility to view, change, or delete all personal information that has been provided to us at the moment. Adjust/unsubscribe newsletter service At the bottom of each mailing you will find the possibility to adjust your data or to unsubscribe. Adjust/unsubscribe communication If you want to adjust your data or have yourself removed from our files, you can contact us. See above contact details.

Turning off cookies
Most browsers are set by default to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, it is possible that some features and services, on our and other websites, will not function properly if cookies are disabled in your browser.

Questions and feedback
We regularly check whether we comply with this privacy policy. If you have questions about this privacy policy, you can contact us.

Article 2. Offers and quotations

1. All offers and quotations from Website-Hosting are without obligation, unless a term for acceptance is stated in the quotation.
2. Website-Hosting cannot be bound to its offers or quotations if the Client can reasonably understand that the offers or quotations contain an obvious mistake.
3. The prices stated in an offer or quotation are exclusive of VAT and other government levies.

Article 3. Contract duration, execution terms and performance

1. The agreement between Website-Hosting and the Client is concluded for an indefinite period, unless the nature of the agreement dictates otherwise.
2. Website-Hosting will execute the agreement to the best of its knowledge and ability in accordance with the requirements of good workmanship.
3. Website-Hosting has the right to have certain work performed by third parties.

Article 4. Payment

1. Payment must always be made within 14 days after the invoice date, unless otherwise indicated in writing.
2. If the Client fails to pay an invoice on time, the Client is in default by operation of law.
3. In case of non-payment, default interest of 5% per 15 days is due.

Article 5. Warranties

1. The services to be delivered by Website-Hosting meet the usual requirements and standards that can reasonably be imposed on them.
2. The warranty applies for a period of 1 month after delivery, unless otherwise agreed.
3. Any form of warranty is voided if a defect has arisen as a result of improper use.

Article 6. Liability

1. The liability of Website-Hosting is limited to a maximum of twice the invoice value of the order.
2. Website-Hosting is only liable for direct damage.
3. Website-Hosting is never liable for indirect damage, lost profits or business stagnation.

Article 7. Force majeure

1. Website-Hosting is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure.
2. Force majeure means all external causes beyond the control of Website-Hosting.

Article 8. Applicable law

1. Belgian law applies exclusively to all legal relationships in which Website-Hosting is a party.
2. The court in the place of establishment of Website-Hosting has exclusive jurisdiction to hear disputes.

Article 9. Fair Use Policy

1. If no limit is set on capacity for the services, a "fair use" policy applies to the relevant services.
2. If the use of the services exceeds the fair use policy, Website-Hosting is entitled to limit or block the services.

Article 10. Privacy

Website-Hosting respects the privacy of all users and ensures that personal information is treated confidentially. For more information, we refer to our privacy policy.