Terms and conditions

Introduction

The general terms and conditions of De Goede Huisvader ensure that you always know what you can and cannot expect. You know what your rights are and what your obligations are. The general conditions apply to the services and products of De Goede Huisvader. In addition, they relate to the website. Therefore, you should not view them separately from the other important information related to the website. Think of the cookie statement, the privacy statement and other important information.

About the terms and conditions

The terms and conditions of De Goede Huisvader ensure that there is clarity for all parties involved when it comes to providing services and products. These general terms and conditions ensure that there is sufficient clarity about what you can expect from De Goede Huisvader and what De Goede Huisvader may expect in reverse.

Starting point/base

The starting point or basis for these general terms and conditions are already known terms and conditions from other providers, quality marks and other common general standards/conditions within the IT sector.

Effective date

These terms and conditions of De Goede Huisvader are effective from 1 May 2023 and are valid until a new version is announced in force.

Preceding versions

Previous versions from before 1 May are no longer valid from this date. These old versions are no longer available via the website and can be made available on request, if necessary.

Applicability

The general terms and conditions relate to the services and products of De Goede Huisvader/De Goede Huisvader Web Services and services offered by Harm Jagerman, registered under Chamber of Commerce registration number 5059616 and located at Rijnegommerstraat 28, 2382XB in Zoeterwoude (NL). The associated VAT number is NL002057857B55. These are also the company details.

Company information

De Goede Huisvader
Rijnegommerstraat 28
2382XB Zoeterwoude-Rijndijk
The Netherlands
Chamber of Commerce registration number: 5059616
VAT number: NL002057857B55
E-mail address: [email protected]
Phone number: 0683072854
Website: goedehuisvader.nl/goedehuisvader.com/degoedehuisvader.nl

Language

The general terms and conditions are offered in Dutch and English. Notices are offered in these two languages.

 

Binding

The terms and conditions are binding once the following conditions are met:

  • An agreement has been entered into for the provision of a service.
  • An agreement has been entered into for the supply of a product.
  • An agreement has been entered into for the manufacture of a product counted as a digital product.

If any of the above events occur, then De Goede Huisvader assumes that the customer has read and agreed to these terms and conditions. If there is an order via the website or any other digital method, the customer may have to agree or consent to these general terms and conditions during this process. There is then a so-called distance purchase.

Choice of law and jurisdiction

Dutch law applies to these terms and conditions. All disputes shall be subject to the jurisdiction of a court located in the Netherlands. If any part or provision of these terms and conditions is found by a court or other authority and/or unenforceable, that part or provision will be amended, deleted and/or enforced to the maximum extent permitted, to give effect to the intention to these terms and conditions. The remaining terms and conditions shall remain unaffected.

Electronic communication

De Goede Huisvader provides digital services/products. Therefore, electronic communication is used. A conscious decision has been made to substitute paper communication for digital communication. This has been done partly to contribute to protecting the living environment.

In exchange, De Goede Huisvader is happy to receive no paper communication from relations either. Therefore, protecting this living environment plays an important role.

By accepting the general terms and conditions, the customer agrees that all communication will take place electronically. This will be in the form of WhatsApp messages, Telegram messages, e-mails and other electronic messages appropriate to the message to be sent. All agreements, announcements, notices, invoices, notifications and other communications will be provided or sent in this way. Provided that these messages comply with legal requirements, including but not limited to the requirement that these communications must be in writing.

Updates of the terms and conditions

It is permissible for De Goede Huisvader to amend the general terms and conditions periodically. The date mentioned in the document (PDF) or on the website is leading. To determine which version is the correct one, the reader may rely on the website. This always shows the most up-to-date version of the general terms and conditions.

Any changes will always be communicated electronically. The revised terms and conditions are valid from the moment they are announced in such a message. The use of the website, services or products after the terms and conditions have been changed is regarded as an acceptance/continuation of the new version of these general terms and conditions.

Indication of effective date

The effective date is always explicitly stated in the general terms and conditions.

Definitions

Services and products

This part of the general terms and conditions describes exactly what services and products De Goede Huisvader provides. In short: this part is about the offer. By the way, the most up-to-date offer can be found via the website: https://goedehuisvader.nl/about/servces (or equivalent page).

Services offered

The following services are offered by the service provider:

  • Consultation,
  • Development.
  • Education.
  • Functional management.
  • Technical management.

Products offered

The following products are offered by the service provider:

 

  • Tailor-made websites.
  • Tailor-made webshops.
  • Custom-made web platforms. 
  • Customised corporate identity documents. 
  • Other digital products (edited images, videos etc).

 

The offer may vary and no rights can be derived from these listings.

Additional offer

Additional offerings include so-called web hosting packages. These packages are not hosted by the service provider itself. There are no in-house servers. However, the technical management is provided by De Goede Huisvader. In consultation with the service provider, additional agreements are made about this, in addition to the technical management of a website/webshop.

Effort obligation

The service provider operates on the basis of an obligation of effort when it comes to offering services. The service provider has no obligation of result. If the final result of the order or service/product is different from what the client had in mind/in mind, this does not excuse the client from payment obligations. This also applies if no use is made of the service/product or work performed that falls under the agreement concluded. The amount due will thus remain outstanding.

The service provider will make every effort to tailor the service/product to the client’s requirements. By accepting the general terms and conditions, the principal acknowledges the obligation of effort. The service provider in turn will make every effort to provide a service/product that will meet the client’s requirements as much as possible. However, demands about a guaranteed result cannot be issued.

You can read more about the effort obligation in the section on guarantees and liability (section Effort obligation vs. result obligation).

Tenders (quotations)

Before services are started and products are delivered, the service provider provides a realistic quotation. This quotation is drawn up in the client’s preferred language. The customer can choose between Dutch or English.

Quotations are issued without obligation and have a validity period of thirty (30) days. Tenders will lapse automatically after this period. The customer can no longer claim this quotation.

Research costs may be charged for issuing the quotation. The client will be informed in advance. As a rule, however, a quotation issued will not entail any costs.

If a client agrees to an offer, this implies a provisional sales agreement. Therefore, an offer should always be agreed to in writing. A verbal agreement is therefore not sufficient.

If an offer contains inaccuracies or imperfections, the client shall report this electronically within seven (7) working days after receiving the offer.

Lost revenue

Should it turn out that after an agreement is reached, a final service or purchase agreement is still not concluded, the service provider may charge a sum of twenty per cent (20%) for lost revenue.

Taxes (VAT) in tenders

The amounts in the quotations are built up excluding VAT. However, the amounts are eventually quoted inclusive of 21% VAT.

Hourly rate

The service provider charges an hourly rate of €45 excluding VAT (€54.45 including VAT). This hourly rate also applies to post-calculation. The costs for technical and functional management are an exception to this (€ 30,- excluding VAT. (€ 36.30 including VAT)).

Reasonableness and fairness

The service provider will make every effort to act on grounds of reasonableness and fairness when it comes to charging extra costs. An important element here is the (prior) provision of information by the service provider to the client/customer.

Prices

Taxes (VAT)

Based on Dutch legislation, it is mandatory for the service provider to charge 21% VAT for services and products. There are no exceptions to this, regardless of the client. This also does not distinguish between business and non-business relations. Whether or not the client is liable for VAT according to the tax authorities is not decisive here.

Pricing

All prices in offers, on the website, on invoices or in other texts provided or distributed by the service provider are always provided with and without VAT (included and excluded).

Price changes

The service provider is not allowed to adjust prices after an offer has been made, unless there is a change in/of VAT rates or other legal requirements or there is a service on which the service provider itself depends. The service provider may adjust prices periodically.

If an economic situation requires it, the service provider may intervene, not only by making price changes, but also by making adjustments to the package of services (in terms of content). This takes place at the discretion of the service provider. Leading here are the circumstances under which this takes place. Think of a situation in which an external supplier passes on costs to the service provider or in which the service provider is forced to increase costs through an adjusted procurement policy, because a certain product or service is no longer in stock or available.

When the agreement was entered into, prices were based on a rate that was the price level at the time. The quotation issued was also based on this. It is possible that, during a subsequent contract period, prices may have changed in relation to these prices. This is due to dynamic price developments.

Given some dynamic price developments in the field of website hosting, the service provider cannot always guarantee that interim increases are excluded. The service provider therefore reserves the right to make interim increases, should this be necessary. This is because the service provider depends on third parties for the provision of web hosting services.

In the absence of urgent situations requiring a price adjustment, the need for a price adjustment is generally reviewed every six months. Communication on this will take place in digital form.

Adjustments to prices and offers during reflection period

The service provider does not adjust the prices of offers made, subject to force majeure as described earlier. Prices are also not adjusted during the reflection period. The same exception as they apply to the adjustment of delivered prices for offers also apply to price adjustments during the reflection period.

Highly volatile prices

Services linked to highly volatile prices on the financial market, over which the service provider has no influence, can only be offered with variable prices. Similarly, services linked to services using utilities whose price may be partly determined by the price on the energy market can also be offered with more variable prices in some cases.

The tied nature of these fluctuations ensures that the prices offered are target prices. The service provider makes every effort to state this clearly. In the case of services that use facilities that may be determined by the price on the energy market, the client is clearly informed when a price change is imminent.

Price increases within three months of commencement of service

If there is a change in a VAT rate or there is another legal requirement, which necessitates a price increase, a price increase can be implemented in the first three months after the start of the service.

Price increases after three months from commencement of service

Only in the following cases are price increases implemented by the service provider after a period of three months from the start of the service:

  • There is an adjustment of a VAT rate.
  • There is a legal bill or provision that makes it necessary.
  • There is a supply of a service that depends on prices in the energy market.

 

Based on this price increase, the client has the right to dissolve the contract as of the next contract date.

Payments

A standard payment period of fourteen (14) days applies to all services/products, unless the service/product is delivered immediately or the service/product is payable by the service provider in advance. Examples of immediately delivered services/products or services/products that must be paid for immediately by the service provider are:

  • Domains.
  • Hosting packages.
  • Cloud storage.
  • Inserts, plugins, themes for a website/webshop.
  • Directly available downloads.

Faillure to pay

Default is defined as failure to fulfil an obligation to pay (on time). This means that an invoice has not been paid. If this is the case, default occurs by operation of law. From that moment on, the service provider may suspend the obligations towards the ordering customer as long as the payment remains outstanding. The service provider will also proceed to collect the outstanding amount. This means that the client will have to pay commercial interest on the invoiced amount. Added to this are any costs, should it come to this, for extrajudicial collection costs and other damages. Collection costs are calculated on the basis of the Compensation for Extrajudicial Collection Costs Decree. More information on this can be found at: https://wetten.overheid.nl/BWBR0031432/2012-07-01.

Reminder

If the client remains in default of payment after a period of fourteen (14) days from the invoice date, a first reminder shall follow. If no payment follows, a second reminder will be sent. The outstanding claim will be increased by an amount of fifteen (15) per cent extrajudicial collection costs over the next €5,000, with a minimum of €40.

Liquidation, bankruptcy, attachment or suspension of payments

If there is a default on payment because there is liquidation, bankruptcy, attachment or suspension of payments of the client, the claims of the service provider are immediately due and payable.

Payment in case of refusal

If the client refuses to cooperate with a performance of the order by the service provider, the latter is still obliged to pay the agreed price to the service provider.

Partial payments

Payments are not settled in parts, unless otherwise agreed in advance. It is not possible for the client to make demands or claims in this respect afterwards.

If an agreement has been entered into for partial payment, the first instalment will consist of a first instalment of at least fifty (50) per cent of the total amount due.

Failure to comply with the partial payment agreements will be considered a default. In that case, a reminder will follow after a period of fourteen (14) days. If payment is again not made, the service provider may charge extrajudicial collection costs on the amount due. These collection costs are: 15% over the next € 5,000 with a minimum of € 40. The service provider may deviate from said amounts and percentages for the benefit of the ordering customer.

Payment methods

The client bears personal responsibility for ensuring that payment for the service/product is made correctly. The information received (invoice, e-mail, message, etc.) describes the instructions on the payment methods. The following payment methods are offered:

  • A manual bank transfer.
  • A payment link via Mollie.com.
  • A payment link via Stripe.com.
  • A payment link via Moneybird.com

 

The options for payment via Mollie.com and Stripe.com are: iDeal, credit card, SEPA, Google Pay and PayPal. Some payment options are subject to a surcharge. The service provider has no influence on this.

Delivery and execution

The service provider makes every effort to take the utmost care when it comes to the provision of services and products. This also applies when assessing requests for the provision of additional services.

Digital services and products

The service provider delivers digital services and products. As a result, the delivery address shifts from a physical delivery address to a digital delivery address. In most cases, this is an e-mail address or another digital medium through which messages can be received. The client of the service/product is therefore responsible for providing the data correctly so that this information can be received.

Terms

The service provider makes every effort to deliver the services and products based on the agreed deadlines. For this, the service provider is in some cases dependent on external parties and processes of these external parties. Therefore, adjustments may or must take place during the process of delivery, which affect the delivery time. This means that on-time delivery cannot be guaranteed. Therefore, it is only possible for the service provider to give global guarantees for delivery. Due to force majeure caused by third parties, it is therefore sometimes necessary to deviate from the set deadlines. Deadlines are therefore indicative or starting points, not measuring points. No rights may therefore be derived from these deadlines.

The following deadlines shall apply:

  • Domain registrations through De Goede Huisvader: a maximum of two (2) working days after the receipt of payment by the client’s customer.
  • Web hosting packages: a maximum of two (2) working days after receipt of payment by the client’s customer, servers excepted.
  • Servers: in consultation.
  • Services related to modifying DNS records: in consultation, with a minimum duration of 48 to 72 hours.
  • Services or products based on personalisation, development or other related issues: in consultation.
  • Services related to education: in consultation.

Termination based on delivery times

It is not possible to dissolve an agreement based on the above delivery times, as they are global indications.

Migrations

The risk of mutilation, distortion or loss of data in migrations rests with the service provider at the time of delivery or entry into service or activation of the product. This does not apply to support items sent by the customer via external media or regular (parcel) mail. The exception is e-mail migrations.

E-mail migrations

For e-mail migrations, these are performed based on availability of settings at the time of execution. It is up to the client to adjust the original settings to enable an e-mail migration.

Open-ended agreement

If no end date has been agreed, the contract is for an indefinite period. This means that as long as no notice of termination has been received from the customer/client, the service provider is obliged to provide the service or product. As long as no cancellation has been sent, the customer/client is obliged to purchase the service or product.

An open-ended contract can be terminated at any time, subject to a notice period of one calendar month. The cancellation must be received before the first of the new calendar month.

Fixed-term agreement

If an end date has been agreed, it is a fixed-term contract. This means that delivery of the service or product by the service provider takes place as long as the agreement lasts.

If this is an initial agreement, it cannot be terminated prematurely. This is only possible after the agreement expires for the first time. A cancellation must be sent two months before the agreement expires. Renewal will then not take place automatically. If this is not the case, the agreement will then be renewed for a period of one year if it is a business agreement. It is only possible for non-business customers to subsequently terminate prematurely. Business customers only cancel per calendar year.

Renewal

An agreement entered into for a definite period has an expiry date and will not be tacitly renewed. The client will be informed in advance of the expiring contract.

Withdrawal period

The information in this section of the terms and conditions relates only to concluded agreements entered into online. Accepting an offer is not an online contract. Placing an order is.

Legal regulations

The Dutch government has ruled that consumers have the right to waive an online agreement for a service or product within fourteen (14) days. For business agreements, these rules do not apply. For this, reference must be made to the general terms and conditions of the party with whom the agreement was concluded.

More information on the statutory cooling-off period can be found at: https://www.rijksoverheid.nl/onderwerpen/bescherming-van-consumenten/vraag-en-antwoord/kopen-op-afstand-wat-is-belangrijk-om-te-weten. This information is available in Dutch.

Withdrawal period/right of withdrawal for consumers

Dutch law stipulates that consumers are entitled to a cooling-off period of fourteen (14) days. The service provider is bound by this statutory cooling-off period, however, modified conditions apply.

Adjusted conditions

The modified terms and conditions of the service provider ensure that the requirements set by the legislator for the cooling-off period for online contracts are not affected. Thus, customised terms and conditions apply to online purchases.

Dissolution and effective date

Within 14 days, an online agreement between the customer and the service provider can be undone based on the statutory cooling-off period. There is no obligation to provide a reason. However, the service provider may ask for one.

The effective date of the fourteen days starts the day after confirmation that the service or product has been delivered. This also applies when several services are delivered on the same day.

Partial delivery

If there is a partial delivery, the delivery of the last part is leading.

Exceptions to the withdrawal period for consumers

There are exceptions for consumers when it comes to thewithdrawal period. This period cannot be invoked for the following services or products:

 

  • Domain registrations
    These are registered directly via an external party for one (1) calendar year and cannot be cancelled thereafter. Cancellation is possible as of the next expiry date.
  • Services that are immediately
    These are services that are immediately available, the execution of which has started after the client has expressly agreed that execution could be started. Because express agreement or consent has been given for performance, the customer thereby indicates that he waives the withdrawal/cooling-off period as soon as the service provider has fully executed the agreement.
  • Custom-made material
    These are services or products manufactured according to specifications, which are not manufactured and are manufactured based on an individual choice or decision of the client or its interpretation by the client based on the client’s wishes and preferences, or which are intended for a specific purpose or assignment.
  • Data with digital content
    DVDs and CDs that cannot be overwritten.
  • Services or products with a price that cannot be influenced
    Services whose price is linked to fluctuations in the financial market, over which the service provider has no influence and which may occur within the withdrawal/cooling-off period.
  • Contracts concluded during a public auction
    [Where applicable] This means a method of sale where services, products or content of services or products are offered by the service provider to the customer/client, who attends or is allowed to attend in person, under the guidance of an auctioneer and where the successful bidder is obliged to purchase the services or products (or the digital content of services and products) (purchase obligation).

Obligations during the withdrawal period

During the withdrawal period, it is assumed that the customer treats the service or product with care. The use is limited to the degree of necessity to establish that a withdrawal from the contract should be used. There are no regulations governing the diminution of value as it concerns digital services/products. There is no liability for the client if the entrepreneur has not provided the necessary information for the cooling-off period (withdrawal).

If there is the provision of non-digital resources to support the service/product or they are necessary for the performance of the service/product, these are returned to the service provider by the client within 14 days. The costs incurred for this shall always be borne by the client.

Exercise of the right of withdrawal/cooling-off period and costs

Exercising the withdrawal/cooling-off period/right of withdrawal is only possible when done in writing. Verbal requests will not be considered. A request to rescind the online purchase or service agreement is submitted via the form made available on the service provider’s website. This form is available via the opening page on a page with information on the cooling-off period/right of withdrawal with a mouse click. The direct link is: https://test.goedehuisvader.com/belangrijke-informatie/herroepingsrecht. The service provider is obliged to continue to offer this information in a highly visible way, even after updates or adjustments to the website.

Procedure

Upon receipt of the form, an automatic acknowledgement of receipt will follow. An assessment by the service provider of the dissolution request will follow as soon as possible. This request will take place within fourteen (14) days from the date of the sent request. If this request is accepted, the service provider and customer will make arrangements as soon as possible for the delivery of material published, posted or copied by the customer, provided arrangements have been made. If this is not the case, the service provider is not obliged to hand over this material.

The customer shall make clear how and when the published data are to be transferred. The starting point here is that the work is charged at an hourly rate of € 45 excluding VAT (€ 54.45 including VAT).

The risk and burden of proof for the correct and timely exercise of the cooling-off period/right of withdrawal for the client always lies with the client.

External costs

Any costs for providing the published, posted or copied data, for example when paid services or products of external parties have to be used, are always charged to the client. These are external costs.

If external costs are involved, the client shall owe this fee to the service provider compared to the full fulfilment of the commitment. The client does not bear any costs for the transfer of data in any form if there are:

  • A non-explicit consent of starting the performance of the contract before the end of the cooling-off period.
  • A non-explicit acknowledgement of losing the cooling-off period/right of withdrawal when giving consent.
  • The service provider failed to confirm this declaration by the ordering customer.



If the withdrawal/cooling-off period is used, the client loses all additional agreements. These are dissolved by operation of law.

Refusal to grant a withdrawal/cooling-off period

It is permissible for the service provider to refuse the withdrawal/cooling-off period if the above conditions are not met.

Termination of agreements for business customers based on right of withdrawal/cooling-off period

For consumers, the Dutch government has stipulated rights for online contracts. For business, there are no such rights. Therefore, general terms and conditions are leading. This section deals with business agreements.

Business agreements are subject to adapted general terms and conditions when it comes to the cooling-off period. Do not automatically assume that the above information for consumers therefore applies to business customers.

Termination of agreements for business customers based on right of withdrawal/cooling-off period

Regardless of the type of contract; service contract or a product contract, it is not possible to invoke dissolution based on a cooling-off period (withdrawal period), as it applies to consumers.

Dissolution is possible as of the next expiry date of the agreement. If the contract is for an indefinite period, its dissolution is possible after 1 year after the conclusion of the contract. If it is a fixed-term contract, its dissolution is possible after the period in which the contract applies has expired.

Warranties and liability

Limitations

Nothing in these general terms and conditions shall limit or exclude any warranty prescribed by law, that it would be unlawful to limit or exclude.

The service provider guarantees that the services and products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

The client agrees that the service or product will be used based on the rules for ‘normal use.’ This includes the use for which the service or product is intended. Performance issues that may result from the client’s use are therefore not a reason for the service provider to provide financial compensation as a result.

Warranties for services and products

The services and products are compiled and offered with care. Imperfections may occur in the descriptions of these services and products. This information is provided on an “as is” and “as available” basis. As a result, in exceptional cases, the data may contain inaccuracies and typographical errors. Every effort has been made by the service provider to avoid this. The service provider therefore disclaims all warranties of any kind as to the content of service or product descriptions, whether express or implied, as to accuracy or completeness of content. Therefore, the following is not guaranteed:

 

  • That the services or products do not meet the client’s requirements.
  • That the services or products remain available indefinitely or indefinitely.
  • That the services or products remain completely error-free or continue to operate completely error-free.
  • That the quality of each service or product is completely faultless.

Damage

Unless otherwise provided for in an additional agreement, all damage arising from or all damage related to the services/products offered by the service provider, regardless of the cause from which such liability would arise, shall be limited to an amount equivalent to the hourly rate charged by the service provider, i.e. €45 excluding VAT (€54.45 including VAT). Such limitation shall apply to all claims of any kind and nature.

Warranties for the website

The websites offered by the service provider and all content on these websites are provided on an “As is” and “As available” basis and may contain inaccuracies and typographical errors. Every effort has been made by the service provider to avoid this as much as possible. The service provider therefore disclaims all warranties of any kind as to the content of the website, whether express or implied, as to availability, accuracy or completeness of the content. Therefore, the following is not guaranteed:

  • That the website can meet the requirements of the visitor, customer or client.
  • That the website remains fully available.
  • That the website is completely error-free.
  • That the quality of the website meets or will continue to meet all expectations.

Effort obligation vs. result obligation

For more information, see the Effort Obligation section in the Services section.

The service provider makes every effort to deliver the service/product based on the client’s requirements. Leading here is the obligation of effort. There is no obligation to achieve a result. Accepting the general terms and conditions is an acknowledgement of the best-efforts obligation.

Force majeur

Except for the obligation to pay a sum of money, no delay, omission or default by either party in performing or complying with any of its obligations on account of these terms and conditions shall be considered a breach of these terms and conditions if and for so long as such delay, omission or default results from a cause beyond the reasonable control of that party.

Disclaimer

The client agrees to indemnify, defend and hold harmless the service provider from and against all claims, liabilities, damages, losses and expenses for the violation of the general terms and conditions, warranty provisions and applicable laws, including intellectual property rights and privacy rights. Such damages shall be immediately due and payable.

Waiver

Failure to enforce any of the provisions in these terms and conditions and any other document, or failure to exercise an option to terminate, shall not be construed as a waiver or tacit consent, and shall therefore not affect the validity of these terms and conditions or any other agreement or part thereof, or the right to enforce all provisions thereafter.

Availability of services

Introduction (applicability)

This section applies when service provider is responsible for more than just the technical management of a website. There is then provision of a service where the service provider also offers a hosting solution. However, this does not make the service provider also a hosting party. Nevertheless, it is good to know how the availability of services is regulated.

External parties (third-parties)

The service provider uses external parties (third parties) to provide web hosting services. As a result, the availability of services is based on the service package of these third parties. The influence the service provider can exert on this is limited. It is therefore good to consider the following:

  • The service provider does not operate its servers.
  • The service provider depends on third-party services to provide certain facilities.
  • The service provider depends on third-party pricing policies.

Uptime vs. downtime

The term uptime indicates how often a system/server is available. If a system/server is unavailable, it is called downtime. There are several causes for downtime:

  • Maintenance work.
  • Server migrations.
  • Outages, and server downtime.

It cannot be avoided that downtime will occur. How often this will occur depends on the chosen provider. In advance, the service provider will communicate these details to the client. However, it will be mentioned that this is an indication given on the public data made available by the third party. This data can usually be found on the provider’s website.

Another cause of downtime may be the client’s actions. Think of a problem with the website or webshop, which causes a website or webshop to be unavailable.

When it comes to uptime or downtime, no guarantees can be given. This applies not only to the availability of web servers but also to e-mail servers and other servers.

Any refunds in case of downtime are therefore not possible. This is a risk inherent to the use of a digital environment. However, every effort will be made to minimise this risk.

Rules of conduct and notice-and-take-down

If the service provider is responsible for more than technical management, responsibility shifts when it comes to compliance with rules of conduct. In doing so, the service provider acts as a digital referee. The service provider gets to decide what information can or cannot be offered. To avoid ambiguities and misunderstandings, the service provider has decided to draw up rules of conduct and its notice-and-take-down. With this, the service provider wants to play an active role in making the internet a safe place and thus play an active role when it comes to observing rules of decency. Legislation plays a role in this. In addition, the service provider realises that it is crucial to consider what is socially acceptable. The dividing line between what is socially acceptable and what belongs within the limits of freedom of speech is clear enough: social acceptability always takes precedence over freedom of speech. In short, certain undesirable behaviour will always result in notice-and-take-down. The service provider realises that this makes its policy stricter than many. This is intended to adequately protect certain vulnerable groups in society from (online) hate. Spreading various forms of disinformation also plays an important role of significance.

Legislation

The service provider realises that in certain respects the legislation sometimes does not yet adequately reflect society’s needs. In cases where it does, the service provider undertakes to comply with the legislation in this area. The client is also bound by this legislation. The service provider assumes that the client is sufficiently aware of the legislation in this area and in particular:

  • Copyright legislation.
  • The legislation in the field of personal data protection.
  • The legislation in the field of protection of minors.
  • The legislation on discrimination and racism.

Both parties recognise that there are regulations in the field of publication of digital material in the broadest sense. In addition, both parties recognise that freedom of expression is an important right. However, this right is not leading in all cases. Therefore, as a supplement to existing legislation, the service provider has determined which content is grounds for adaptation or immediate removal. This does not distinguish between the type of material, location or how this material is offered. All options and possibilities that are or can be offered via a website, webshop or any other (web) location, as well as references to websites and/or (web) locations, including external locations, are covered by the content restrictions.

Content restrictions

The following content restrictions apply.

Content violating the law

This includes violating the rights of third parties, distributing slander, libel, insults or hate speech. Offering, distributing or referring to illegal material or sites/websites with such material is also not allowed. Exceptions to this are, to a limited extent, examples or sources that are based on newsgathering or sources that serve as a warning, or information or are informative. It is up to the service provider to determine whether this is the case.

Downloads that can be determined to cause or may cause or aim to cause disruption, destruction or influence digital systems in any way are not permitted. References to locations where such downloads can be found will not be permitted.

Consequence: Such content will be removed immediately by the client.

Content putting forward an anti-Semitic, discriminatory or racist message

Any message putting forward an anti-Semitic, discriminatory or racist message will not be accepted. Any appeal to freedom of expression will not override the rights enshrined in the Dutch Constitution, which protects such expressions.

This category also includes sexism, anti-feminist expressions and related matters. Discrimination towards the LGBTQA+/LGBTQIA+ community (/community) will also not be tolerated by the service provider.

Memes or satire are not considered entertainment in this context and therefore fall into the same category and are grounds for/for removal.

Consequence: This content will be removed immediately by the client. In addition, the agreement will be terminated immediately by the client. There will be no refund of the costs incurred by the client. If necessary, a report will be made to the police.

Pornographic material

Pornographic material of any kind is not allowed. References to such sites are also not accepted given possible intensive website traffic.

Offering, referring to or sharing pornographic material involving minors will always be reported to the police.

Consequence: This content will be removed immediately by the client. In addition, the agreement will be terminated immediately by the client. There will be no refund of costs incurred by the client. If pornographic material involving minors is involved, this will be reported to the police.

Components that adversely affect performance

The provision of components, such as images, music files, video files and programme files, that (may) adversely affect the performance of underlying techniques for providing this material and/or websites/websites and related matters are not permitted. This also applies to administrator systems or website solutions categorised as such.

Consequence: The service provider may charge additional fees for adjusting a hosting package, if this should be necessary or may temporarily disable a hosting package, as long as performance is adversely affected and this is not adjusted. If this occurs for an extended period, the agreement will be terminated. No refund of the costs incurred by the client will follow.

Link-building activities

Any form of link-building activity or any suspicion thereof is a breach of the general terms and conditions. It is not permitted to set up websites/websites for link-building activities to carry out marketing activities. Websites/websites that are part of link-building farms or refer to such sites will be removed immediately without further notice.

Consequence: The service provider will charge a fee of €45 excluding VAT (€54.45 including VAT) for dismantling such websites/websites/link building farms. After dismantling, the agreement is dissolved. There will be no refund of the costs incurred by the client.

Activities that violate the privacy of others

Any activity that violates the privacy of others in any form in the broadest sense of the word or the broadest sense of the term is grounds for immediate termination of the agreement. This does not include, but is not limited to, a violation of the privacy of third parties, but not in any case the dissemination of personal data or the (repeated) harassment of third parties with or via unsolicited communication.

Consequence: the service provider will review with the person(s) being harassed what evidence needs to be secured to make a report or support to the police. The service provider will cooperate on this. Naturally, the agreement with the client will be terminated even if no report is made. There will be no refund of costs incurred by the client. The service provider will charge the costs incurred for the investigation to the client. An hourly rate of € 45 excluding VAT (€ 54.45 including VAT) will be charged.

Spreading unproven scientific theories for profit and spreading conspiracy theories

This involves the dissemination of unproven scientific theories that have been peer-reviewed by leading scientific organisations, institutions or institutes, scientific journals or leading scientists or the dissemination of conspiracy theories, which are debunked or unproven and lead or may lead to social unrest, belong in the categories of disinformation, misinformation or deception. This may involve a profit motive, but this need not always be the case.

Consequence: The agreement is dissolved. No refund of costs incurred by the client follows.

Selling fake products

Also called counterfeit goods or items that cannot be distinguished from the real thing. Here, it does not matter whether they are offered through a regular website or a webshop. Nor does it matter whether this is done on a professional basis or not.

Consequence: the contract is dissolved. There will be no refund of the costs incurred by the client.

Conflicting services

These are services or products from the portfolio of service providers in the broadest sense. Not services or products from customers of the service provider.

Consequence: The agreement is dissolved. No refund of costs incurred by the client follows.

Dropshipping activities

Selling products via another supplier/via a warehouse other than one’s own. Here, the buyer cannot rely on consumer protection applicable in the Netherlands and the EU (in all cases). Therefore, the service provider takes a proactive stance in this case. This protects both the buyer and seller.

Consequence: The contract is dissolved. No refund of the costs incurred by the client follows.

Consequences of terminating agreement after intervention

If there is a termination of the agreement based on any of the above scenarios, the client will thereby lose all rights to the data stored on the remote servers. The service provider will immediately destroy this data. No right can be exercised to recover or restore this data via a backup. The service provider therefore rejects any claims for damages relating to it. Conversely, the client accepts that no compensation claim can be made in the event of any of the scenarios described above.

Conscious online activities

The client will engage in so-called “conscious online activities. This means that the client will behave responsibly when it comes to the use of the services and the activities resulting from them. Thus, there will be no hindrance or harm to others through the use of these services.

Violation of rules of conduct

It is at the discretion of the service provider whether there is a breach of the conduct rules. If there is a violation, the procedure is as follows:

A warning is sent via e-mail, after which two days are given to follow the instructions in the e-mail. Unless there is a breach of law. In that case, a report is made to the police and all services are immediately cancelled.

After two days, a check is carried out to see if the directions have been followed.

If the instructions have been followed, then the case is closed. If not, the material in question, including all other material, will be removed from the hosting account concerned. This action is irrevocable and no backup is made beforehand. No claim can be made for compensation based on this deletion.

The agreement will expire immediately.

The service provider will make the transfer code(s) for the linked domain(s) available immediately. This makes it possible to move the domain to another provider.

Financial compensation

No financial compensation is provided where there has been a breach of conduct. This is because the service provider has run a risk that third parties may have associated the service provider with the client’s practices. Any resulting damage, material or immaterial, will always be recovered from the client.

Judicial order

Should the service provider receive a court order to transfer certain data about the domain holder, the service provider will cooperate.

Transmission in case of nuisance

The service provider may disclose company or other traceable data, such as name and address, when a nuisance has been breached. This is only the case when there is no less intrusive way to find out these contact details. This is only the case when the complaint received has been proven reasonable and the third party has a reasonable interest in reporting the data and all legal requirements have been met.

Privacy en other rights

Sensitive information (data)

The service provider processes sensitive information. This information is processed carefully. More about the processing of privacy-sensitive information is described in the privacy statement, which is made available at https://goedehuisvader.nl/over/privacyverklaring.

Copyright

The website and other material published by the service provider contain copyrighted material. A section on this is reserved in the website’s privacy statement (https://goedehuisvader.nl/over/privacyverklaring) and the website’s disclaimer (https://goedehuisvader.nl/over/disclaimer).

Damage claims

The service provider is not responsible for claims for damages resulting from incorrect display on third-party websites, even when they are offered through the services of service provider. This is always the responsibility of the respective website owner. No distinction is made here between a natural person or a non-natural person.

Complaints procedure

The service provider has a complaints procedure in place. The procedure is described below.

Procedure

A complaint is immediately made known by the customer/client via electronic means (e-mail, contact form on the website).

The service provider shall confirm the receipt of this complaint within two (2) working days after the receipt of this complaint via an (automatic) confirmation of receipt.

The service provider has fourteen (14) days to assess the complaint. If the assessment of a complaint takes longer than this period, the client will be informed in writing (e-mail).

If the outcome is not to the satisfaction of the customer/client, an appeal may be lodged with a Dutch court.

Other provisions

Export restrictions

Export restrictions apply to the service provider’s services and products. The services and products are not offered in countries with which trade conflicts with the export laws and regulations of the Netherlands.

Transfer (rights)

It is not possible to assign, transfer or subcontract any rights and/or obligations under these general terms and conditions in whole or in part to a third party without the prior written consent of the service provider. Any alleged attempt is contrary to the general terms and conditions and therefore void and invalid.

Breach of (general) terms and conditions

Without prejudice to other rights under the general terms and conditions, if the client violates these terms and conditions in any way, the service provider may take measures deemed appropriate to address the violation, including temporarily or permanently suspending services or products. Temporarily or permanently blocking a visitor’s access to the website is also among the options available to the service provider. In addition, appropriate legal action may be taken.

Revisions of (general) terms and conditions

This version of the (general) terms and conditions was prepared on 27 April 2023 (with an effective date of 1 May 2023) and replaces the version dated 22 October 2022. The most recent version of the general terms and conditions can always be found on De Goede Huisvader’s website.

Chamber of Commerce: 50509616
VAT: NL002057857B55
[email protected]

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