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General terms and conditions

By using our services, you agree to the Referral Tool terms and conditions described on this page.

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Article 1 Definitions

  1. NowOnline Media B.V., hereinafter referred to as NowOnline: the user of these general terms and conditions, located at Koopmanslaan 6, 7005 BK in Doetinchem, registered in the Trade Register under Chamber of Commerce number 62153595.
  2. Client: the natural or legal person with whom NowOnline has entered into an agreement.
    1. Agreement: the agreement established between NowOnline and the client, under which NowOnline commits to providing services related to web hosting, web design, and internet marketing and/or performing maintenance and design work.
    2. Continuous Agreement: the agreement referred to in the previous clause, in which the parties commit to performing recurring or successive services.
    3. Written Communication: communication established electronically is also considered written communication.

Article 2 General

  1. These general terms and conditions apply to every offer and every agreement concluded between NowOnline and the client.
    1. These general terms and conditions also apply to agreements that require NowOnline to involve third parties for their execution.
    2. These general terms and conditions cover NowOnline's entire range of products and services, including those offered under the following names:
      • NowOnline SAAS B.V.
      • GO Webshops
      • GO Websites
      • GO Clubsites
      • GO Veiling
  2. The applicability of the client's general terms and conditions is expressly rejected.
  3. Deviations from these general terms and conditions can only be made in writing. If provisions in the agreement differ from these general terms and conditions, the provisions in the agreement take precedence.
  4. The nullification or invalidity of one or more provisions of these general terms and conditions does not affect the validity of the remaining provisions. If this occurs, the parties must negotiate to establish a replacement provision that remains as close as possible to the intent and purpose of the original provision.

Article 3 Offer and Conclusion of Agreement

  1. Unless a specific acceptance period is stated, every offer and quotation is non-binding.
    1. The client cannot derive any rights from an offer based on incorrect or incomplete information provided by them.
    2. If the client enters into the agreement on behalf of another individual or legal entity, they declare that they have the authority to do so. The client is jointly and severally liable for all obligations arising from the agreement.
    3. Agreements are considered concluded only after the client signs the offer issued by NowOnline, from the moment of signing, or after NowOnline receives and approves the client's written acceptance of an offer.
      1. If the client's acceptance deviates from NowOnline's offer, NowOnline is not bound by it. The agreement does not come into effect under these deviating terms unless NowOnline states otherwise.
      2. If an execution or delivery term is mentioned in the offer or agreement, it is indicative and non-binding. If NowOnline expects to exceed the indicated term, they will inform the client as soon as possible. However, the client cannot claim damages, cancellation, or refunds of any payment due to this.

Article 4 Continuous Agreements

  1. Unless expressly agreed otherwise, every continuous agreement is entered into for a period of one year.
  2. After the agreed period expires, the continuous agreement is automatically renewed for the same duration unless it is terminated on time according to clause 3.
  3. Termination must be done in writing, with a one-month notice period. If the client terminates electronically, it only becomes valid when NowOnline confirms the termination electronically.
  4. If NowOnline does not receive the termination notice in time, the agreement is automatically renewed until the next valid termination date.
  5. If the client repeatedly fails to meet payment obligations, NowOnline has the right to suspend or terminate the agreement immediately, without affecting its right to claim compensation. If the agreement is suspended, it will only resume once all outstanding payments are settled.
  6. NowOnline has the right to adjust prices during the agreement term. NowOnline will notify the client at least one month before the price change takes effect. If the client does not agree, they may terminate the agreement in writing until the day before the price change takes effect.

Article 5 Web Design and Other (Design) Work

  1. If NowOnline commits to performing work under an agreement, including but not limited to internet marketing, web design, and other design work, it will perform the work to the best of its ability. However, NowOnline only commits to an effort obligation and cannot guarantee specific results.
    1. The agreement in clause 1 is executed based on the client's provided information. NowOnline will appropriately inquire about relevant details, and the client is required to provide these details on time.
    2. Concept designs serve as an approximate representation of the final design but are indicative only. Minor color and size deviations are not grounds for complaints, suspension, or termination of the agreement.
    3. If the client disagrees with the data and details in the concept design, they must submit written objections before the design is finalized.
      1. If NowOnline performs additional work at the client's request or with prior approval, extra costs will be charged at NowOnline's usual rates. NowOnline is not obligated to accept such requests and may require a separate written agreement before proceeding.
      2. The client acknowledges that extra work may affect the agreed or expected completion time of the services and mutual obligations. Extra work is never grounds for terminating the agreement.
        1. If a fixed price is agreed upon, NowOnline will inform the client in writing about the financial impact of additional work.

Article 6 Delivery of Designs

  1. NowOnline is entitled to require full payment of the agreed price before delivering the designs.
  2. The aesthetic value is not considered when assessing the correctness of the fulfillment of the assignment.

Article 7 Domain Name Registration

  1. The offer of domain names is subject to the actual availability of the domain name chosen by the client.
    1. The application for a domain name is based on the information provided by the client. The client guarantees that this information is provided correctly and completely at the time of application.
    2. NowOnline only acts as an intermediary in the registration of a domain name and will submit the application for the relevant domain name to the responsible authority. NowOnline is not liable for any application not accepted by this authority.
    3. The timeframe within which the requested domain name will become active depends on third parties. The deadlines mentioned by NowOnline are merely indicative, and the client cannot derive any rights from them.
    4. The domain name registration is conducted in the name of the client. The client is fully responsible for the use of the domain and the domain name and indemnifies NowOnline against any third-party claims related to this matter.

Article 8 Suspension and Termination

  1. NowOnline is authorized to suspend the execution of the agreement or—if circumstances justify it—to terminate the agreement with immediate effect if the client fails to fulfill, fails to fulfill on time, or fails to fully fulfill the obligations under the agreement or these general terms and conditions. This also applies if circumstances that come to NowOnline’s attention after the agreement has been concluded provide valid grounds to fear that the client will not meet their obligations.
  2. If the client is declared bankrupt, has applied for a suspension of payments, has had assets seized, or is otherwise unable to freely manage their financial affairs, NowOnline is entitled to terminate the agreement with immediate effect.
    1. Furthermore, NowOnline has the right to terminate the agreement if circumstances arise that make it impossible to fulfill the agreement or if the unchanged continuation of the agreement can no longer reasonably be required from NowOnline.
    2. All additional costs and damages incurred due to suspension and/or termination of the agreement will be borne by the client.
    3. The client can never claim any form of compensation due to NowOnline exercising its right to suspend or terminate the agreement under this article.
    4. If NowOnline terminates the agreement under this article, all claims against the client become immediately due and payable.

Article 9 Force Majeure

  1. NowOnline is not obliged to fulfill any obligation under the agreement if it is prevented from doing so due to circumstances that cannot be attributed to it by law, legal acts, or generally accepted standards.
  2. In addition to what is stated in paragraph 1, force majeure also includes the failure of third parties, upon whom NowOnline’s services depend, to fulfill their obligations on time and/or properly. If the force majeure situation lasts longer than three months or is reasonably expected to last longer than three months, both parties are entitled to terminate the agreement in writing. In such a case, settlement will be made based on the duration of the services provided up to that point, without either party owing anything further to the other.

Article 10 Prices and Payments

  1. Unless expressly stated otherwise, all listed prices are exclusive of shipping and delivery costs, VAT, and other government-imposed charges.
  2. If NowOnline incurs travel expenses in the context of setting up and/or executing the agreement, these costs will be borne by the client unless explicitly agreed otherwise. Unless expressly stated otherwise, travel costs amount to €0.29 per kilometer.
    1. If payment via direct debit has been agreed upon, the client authorizes NowOnline to process automatic direct debits upon entering into the agreement. Throughout the term of the agreement, the client is not entitled to revoke this authorization. If the due payment cannot be collected, NowOnline is entitled to charge the client administrative fees.
    2. Payments via bank transfer must be made within fourteen days of the invoice date, unless stated otherwise, in the manner prescribed by NowOnline.
    3. If, in NowOnline’s opinion, there is reasonable concern that the client will fail to meet their payment obligations, NowOnline is entitled to demand adequate security for the payment. If such security is not provided, NowOnline is entitled to suspend the execution of the agreement or to terminate the agreement in whole or in part.
    4. If a due payment fails to be collected multiple times via direct debit, the client is required, at NowOnline’s request, to settle the payment, including statutory interest and administrative fees, via bank transfer. This payment must be made within the invoice-specified term in the manner prescribed by NowOnline.
    5. If timely payment is not made, the client is in default by operation of law, without requiring further notice of default. From the day the default occurs, the client owes statutory interest. The statutory interest is calculated up to and including the day the full outstanding amount is paid.
    6. All reasonable judicial and extrajudicial costs incurred to collect payments for which the client is in default shall be borne by the client. Extrajudicial costs are calculated in accordance with standard Dutch collection practices, currently based on the Dutch Debt Collection Costs Act (Wet Incassokosten 2012).

Article 11 Liability and Indemnification

  1. Except in cases of intent or deliberate recklessness, NowOnline is never liable for damages resulting from the loss, exchange, or damage of data and other information. NowOnline is never liable for damages resulting from breaches by third parties on the websites, email accounts, and applications provided by NowOnline, whether or not due to insufficient security.
  2. NowOnline is not liable for damages resulting from a failure by the client to fulfill obligations arising from the law, the agreement, or these general terms and conditions. Instructions provided by NowOnline for the use of the delivered services must be strictly followed by the client. NowOnline assumes no responsibility for the use and proper application of, for example, applications. NowOnline is not liable for damages that are a direct or indirect result of the improper following of these instructions.
    1. The client guarantees that the images, documents, and materials provided to NowOnline do not infringe on copyright or any other intellectual property rights of third parties.
    2. The client indemnifies NowOnline against all third-party claims asserting that the designs delivered by NowOnline infringe on the rights of third parties.
  3. NowOnline is not liable for damages resulting from maintenance work on servers and other systems related to NowOnline’s services, as well as for damages resulting from the (temporary) unavailability of NowOnline’s services.
  4. NowOnline is not liable for indirect damages, including but not limited to consequential damages, lost profits, incurred losses, and damages resulting from business interruption. If, despite these general terms and conditions, liability does arise, only direct damages will be eligible for compensation. Direct damages are understood to mean:
    • The reasonable costs incurred to determine the cause and extent of the damage, insofar as this determination relates to damage as defined in these general terms and conditions;
    • Any reasonable costs incurred to have NowOnline’s defective performance conform to the agreement, provided these can be attributed to NowOnline;
    • Reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
  5. NowOnline’s liability is, in any case, limited to the invoice value of the services delivered by NowOnline to the client, or at least to the portion of the invoice value to which the liability relates.
    1. Unless otherwise required by law, the statute of limitations for all claims and defenses against NowOnline is one year, deviating from the statutory limitation period.

Article 12 Intellectual Property

  1. All rights granted to NowOnline under the Copyright Act are reserved.
    1. The client is prohibited from disclosing, selling, using for commercial purposes, or making available to third parties designs, images, and sketches without prior written consent from NowOnline, unless otherwise stipulated in the agreement between the parties.
  2. Right of Use NowOnline Freedom.NET CMS (hereinafter referred to as: "CMS")
    1. For the duration of the Agreement, NowOnline Media B.V. grants the counterparty a non-exclusive, limited, and non-transferable license concerning the CMS. The counterparty is only entitled to use the CMS (via the assigned username and password) on the Server for modifying, developing, and adjusting the Website. The counterparty is not entitled to disclose, reproduce, make accessible, transfer, or otherwise make available the CMS, in whole or in part, to any third party. Furthermore, the counterparty is not allowed to make modifications or changes to the CMS, create backup copies of the CMS, decompile the CMS, reproduce the code, or otherwise subject the CMS to reverse engineering.
    2. The counterparty acknowledges that all intellectual property rights related to the CMS solely belong to NowOnline Media B.V. or its licensors. Nothing in the Agreement is intended to transfer any intellectual property rights.
    3. NowOnline Media B.V. is entitled to take technical measures to protect the CMS, as long as this does not negatively affect the agreed functionality. The counterparty is not permitted to remove or circumvent such technical measures.

Article 13 Final Provisions

  1. Dutch law exclusively applies to every agreement.
    1. Before appealing to the court, the parties are obligated to make every effort to resolve the dispute through mutual consultation.
    2. Unless the law mandates otherwise, only the court within the district of NowOnline has jurisdiction to hear disputes.