
Article 1. Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
- Client: the counterparty of MTJ Webservice.
- Agreement: the agreement between the client and MTJ Webservice.
Article 2. Applicability
- These general terms and conditions apply to all offers, quotations and all agreements concluded and services provided by MTJ Webservice and all other actions performed by MTJ Webservice.
- By signing an agreement with MTJ Webservice, the client declares that he has taken note of these general terms and conditions of MTJ Webservice and that he agrees with these conditions.
- All offers are without obligation, unless expressly stated otherwise in writing in the offer.
- The applicability of any purchasing or other conditions of the client is expressly rejected.
- If any provision of these general terms and conditions is void or is annulled, the other provisions of these general terms and conditions will remain in full force and MTJ Webservice and the client will enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.
Article 3. Offers and quotations
- The offers made by MTJ Webservice are without obligation; they are valid for 6 months, unless otherwise indicated.
- MTJ Webservice is only bound by the offers if the acceptance thereof by the client is confirmed to MTJ Webservice in writing and signed within 6 months, unless otherwise indicated.
- Changes to the originally concluded agreement between the client and MTJ Webservice are only valid from the moment that these changes are accepted by both parties by means of a supplementary or amended agreement.
- A composite quotation does not oblige MTJ Webservice to perform a part of the assignment for a corresponding part of the stated price.
- Offers or quotations do not automatically apply to future assignments.
Article 4. Prices, invoicing and payments
- In the event of an agreement in which the Client is required to pay periodically due amounts, MTJ Webservice is entitled to adjust the applicable prices and rates by means of a written notice with a term of at least three months.
- Rate changes can take place in the event of changes to the content of the assignment, in the event of an extension of the assignment or in the event of changes to the laws and regulations applicable to MTJ Webservice.
- Unless otherwise agreed: down payment of 25% of the total costs after approval of the quotation and initial design of the website. The website will be placed on a temporary location on the internet, where the progress can be viewed. After the website is completed, the remaining amount will be invoiced. After receipt of the amount, the website will be placed on the definitive location on the internet.
- Invoicing of a design and by MTJ Webservice. Invoicing of maintenance costs, hosting and domain name is done annually in advance (Payment before 31 January of the year for which the contract runs). All other amounts will be invoiced upon delivery.
- One month after invoicing, the website will be considered complete and further changes to the website will no longer be carried out free of charge. See maintenance contracts.
- Payment of the invoice amount must be made no later than 14 days after the invoice date, in the manner specified by MTJ Webservice in the currency in which the invoice was issued. Objections to the amount of the invoices do not suspend the payment obligation.
- All costs incurred on the payment, including exchange and bank charges, are for the account of the client.
- The signatory of a quotation is jointly and severally liable with the client, natural or legal person in whose name and on whose behalf he acts, in the event of abuse of power, as well as in the event of a lack of full identification of this client. The agreement between the parties is considered concluded from the moment the client has signed the quotation.
- If the Client does not pay the amounts due within the agreed term, reminder costs will be charged. These reminder costs amount to € 15. If the Client fails to pay the claim after notice of default, the claim may be handed over to a collection agency, in which case the Client will be obliged to pay the total amount due and also to pay full compensation for extrajudicial and judicial costs.
Article 5. Website maintenance and maintenance contracts
- These conditions apply to a one-year maintenance contract for an existing website.
- Website maintenance means collecting, organising and processing data obtained from the client on existing pages of the website. Collecting, organising and processing data obtained from third parties such as newspapers, magazines, the internet and other media on existing pages of the website if applicable.
- Adding new texts to existing pages. Changes to the texts are carried out once, provided they are delivered within 1 week, calculated from the first presentation. In all other cases, the costs are charged to the customer on an hourly basis.
- Remaining hours are carried over to the following month. Remaining hours are not carried over to the following year. No refund of the remaining hours. Each additional hour is calculated according to the hourly rate.
- Maintaining contacts with the hosting company if applicable.
- Costs of a maintenance contract apply for one year and must be paid in advance, within 14 days of signing the contract. The notice period for a maintenance contract is three months before the end of the contract date.
Article 6. Obligations of the client
- The client is responsible for timely delivery of the material.
- MTJ Webservice may use the client's website for promotion and/or publicity, unless otherwise agreed.
Article 7. Execution of the agreement
- MTJ Webservice will make every effort to perform the service with care, where applicable in accordance with the agreements recorded in writing with the Client.
- If the agreement has been entered into with a view to execution by a specific person, MTJ Webservice will always be entitled to replace this person with one or more other persons with the same qualifications.
- The Client shall ensure that all data that MTJ Webservice indicates is necessary or that the client should reasonably understand is necessary for the execution of the agreement, are provided to MTJ Webservice in a timely manner. If the data required for the execution of the agreement are not provided to MTJ Webservice in a timely manner, MTJ Webservice has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the client. MTJ Webservice is not liable for damage of any nature whatsoever, because the user has assumed incorrect and/or incomplete data provided by the client, unless this incorrectness or incompleteness should have been known to MTJ Webservice.
- MTJ Webservice will deliver the website within the period stated in the quotation, unless otherwise agreed during the execution. The Client undertakes to cooperate in this by signing the quotation. If the Client fails to do so, the total amount will be invoiced in full after the delivery period has expired.
- MTJ Webservice has the right to have a client sign an order form for writing articles on behalf of the client. This is to demonstrate to event organizations, for example, that MTJ Webservice has been commissioned to do so, without having to submit the signed quotation.
- If MTJ Webservice or third parties engaged by MTJ Webservice perform work on the client's location or a location designated by the client in the context of the assignment, the client will provide the facilities reasonably desired by those employees free of charge. The Client indemnifies MTJ Webservice against any claims by third parties who suffer damage in connection with the performance of the agreement which is attributable to the Client.
Article 8. Changes and additional work
- If MTJ Webservice has performed work or other services at the request or with the prior consent of the client that fall outside the content or scope of the agreed services and products, these activities or services will be reimbursed by the client to MTJ Webservice according to the usual rates of MTJ Webservice. However, MTJ Webservice is not obliged to comply with such a request and may require that a separate written agreement be concluded for this.
- If a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement with regard to additional work or services, MTJ Webservice will inform the client in advance in writing about the financial consequences of these additional activities or services.
- After approval of the quotation and approval of the first draft of the website, it is not possible to have changes made to the design free of charge.
- A change in the rate may take place in the event of changes to the content of the assignment, in the event of an extension of the assignment or in the event of changes to the laws and regulations applicable to MTJ Webservice.
Article 9. Duration and termination
- Contracts relating to domain name registration and hosting have a notice period of 3 months. These contracts are tacitly renewed every year.
- Maintenance contracts have a minimum term of 1 year and are tacitly renewed every year by 1 year. After the minimum term has expired, the agreement can be terminated in writing at any time, with a notice period of 3 months.
- MTJ Webservice can terminate an agreement with the client immediately if the client does not, improperly or incompletely adhere to the agreement(s) concluded with MTJ Webservice, including the associated conditions.
- MTJ Webservice has the right to temporarily or completely disable delivered products and services and/or to limit their use if the client does not comply with the agreement and obligation towards MTJ Webservice or acts in violation of these general terms and conditions. MTJ Webservice will inform the client of this in advance, unless this cannot reasonably be expected of MTJ Webservice. The obligation to pay the amounts due remains in force even during the period of decommissioning.
Article 10. Delivery and delivery time
- Unless expressly agreed otherwise, the goods will be shipped at the expense and risk of the client, even if the transport is carried out by us and/or at our expense.
- However, exceeding the delivery time will never be considered a breach of contract and will not affect the client's obligation to accept the goods. Under no circumstances is the client entitled to cancel the agreement, to refuse receipt of the goods or payment thereof, or to claim compensation.
Article 11. Copyright
- All goods provided to MTJ Webservice will be returned to the client if the client so wishes.
- All websites and promotional materials developed by MTJ Webservice can be used by MTJ Webservice for its own promotional purposes, unless otherwise agreed in writing with the client.
Article 12. Liability and indemnity
- MTJ Webservice and persons working on the assignment to execute the agreement, including our staff, can in no way be held liable by the client for damage of any nature whatsoever, business damage and other consequential damage suffered by anyone whatsoever, arising from or in connection with products or services supplied or made available by us, unless such damage is due to intent or gross negligence.
- The liability of MTJ Webservice will at all times remain limited to the amount charged or yet to be charged to the client.
Article 13. Force majeure
- In the event of force majeure, MTJ Webservice is entitled to consider the agreement as dissolved, without judicial intervention and without being obliged to pay compensation.
- Force majeure to meet our obligations includes any external cause that cannot be attributed to us and that prevents the fulfillment of the agreement, or hinders or makes it so difficult that such fulfillment cannot reasonably be expected of us.
- MTJ Webservice is not liable for the consequences of events at a hosting provider, domain name registrar or others over which MTJ Webservice has no influence.
Article 14. Miscellaneous provisions
- If any provision of these terms and conditions is deemed by the competent court to be inapplicable or contrary to public order or the law, only the provision in question will be deemed not to have been written and the parties will replace it with one or more provisions that correspond as closely as possible to the conflicting provision(s) and these general terms and conditions will otherwise remain fully in force.
- Dutch law applies to all our offers and agreements concluded with us.
- MTJ Webservice can change and supplement the general terms and conditions at any time without prior notice and without stating reasons. Changes also apply to agreements already concluded, taking into account a period of 30 days after publication of the changes on the website. If the client does not wish to accept a change in these terms and conditions, he can terminate the agreement. However, this does not release the client from his obligations to pay for the services already provided.
- MTJ Webservice has the right to temporarily disable delivered products and services if maintenance work is necessary.
Article 15. Third parties
- MTJ Webservice is not liable for price changes implemented by hosting providers or third parties. These prices are implemented by MTJ Webservice without notice.
- MTJ Webservice is not liable for the consequences of registering (with personal data) a domain name and hosting with a hosting provider and/or domain name registrar.
Article 16. Retention of title
- The client is and remains the owner of all passwords and other documents obtained that relate to the website, domain name and hosting. This information will not be provided to third parties without the express prior request and permission of the client.
The website created by MTJ Webservice is and remains the property of the client after payment of the agreed fee due. - Scripts and programs developed by MTJ Webservice or others used in and/or in the creation of the website remain the property of MTJ Webservice.
Article 17. Privacy provisions
- Your personal data will only be used by MTJ Webservice to request your registration when applying for a domain name and hosting. The data will not be made available to third parties, unless with your express prior request and permission.
- Your personal information, supplied documents, image and sound material remain confidential. MTJ Webservice will never provide information such as name, address, e-mail address, telephone number, etc. to third parties without your express prior request and permission.
