Terms & Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the customer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the customer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration Transactions: Duration, Termination and Extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or derogatory provisions
Article 19 – Damage
Article 20 - Offers
Article 21 – Websites & web shops
Article 22 – Hosting
Article 23 – Moving services
Article 24 – Confidential information
Article 1 - Definitions
In these terms and conditions shall apply:
1. Additional agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the customer can exercise his right of withdrawal;
3. customer: the natural person who is not acting for purposes related to his trade, business, craft or professional activity. Also called Controller;
4. Day: calendar day;
5. Digital content means data which are produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the customer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the customer's option to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to customers;
10. Distance agreement: an agreement concluded between the entrepreneur and the customer in the context of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more techniques for remote communication are used;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
TT van Miltenburg, Milcraft
Verdihof 28
2402 VC Alphen aan den Rijn
Visit by appointment
Telephone number: 0172 -8977895 (9.00am to 19.00pm Monday to Friday, excluding public holidays)
E-mail address: info@milcraft.nl
Chamber of Commerce number: 61376507
VAT identification number: NL002054173B37
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the customer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be read by the customer. customer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the customer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the customer can always rely on the applicable provision that is most appropriate for him. is favorable.
Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the customer what the rights and obligations are associated with acceptance of the offer.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the customer of the offer and compliance with the conditions set.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the customer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's branch where the customer can go with complaints;
b. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing post-purchase service;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the customer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The customer can terminate an agreement regarding the purchase of a product during a cooling-off period of a maximum of 14 days without giving reasons. The entrepreneur may ask the customer the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the product, or:
a. if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the customer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, received the first product.
For services and digital content which is not supplied on a tangible medium:
3. The customer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the customer the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement or if fulfillment has commenced with the express prior consent of the customer, such as the signed return of a quotation.
5. The customer has declared that he waives his right of cancellation as soon as the trader has fulfilled the agreement within the cancellation period.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
6. If the entrepreneur has not provided the customer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
7. If the entrepreneur has provided the information referred to in the previous paragraph to the customer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the customer received that information.
8. We use the latest techniques for websites. We do not support old browsers, in particular Internet Explorer 7 and 8. We guarantee that our websites can be viewed properly in the latest versions of Google Chrome, Internet Explorer, Safari and Firefox. read here more about this choice.
9. For websites and online stores built with templates and plugins supplied by third parties, Milcraft is not responsible for continued support by the builders of these templates and plugins. Milcraft cannot be held responsible for solving problems that arise due to the discontinuation of support by the makers/builders of these templates and plugins. Costs of resolving any compatibility issues or security issues will be passed on to the customer. If solving this is not possible, Milcraft cannot be held responsible for this.
10. Websites and online stores are built on WordPress and WooCommerce. As long as the creators do not charge any costs for this, Milcraft will not charge any costs for the use of WordPress and WooCommerce. If it happens in the future that the makers of WordPress and WooCommerce charge costs for this, Milcraft is authorized to invoice these costs to the customer one-on-one.
Article 7 - Obligations of the customer during the cooling-off period
1. During the reflection period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as he would in a store.
2. The customer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
3. The customer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the customer and costs thereof
1. If the customer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The customer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
5. The customer bears the direct costs of returning the product. If the entrepreneur has not stated that the customer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the customer does not have to bear the costs for return.
6. If the customer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or quantity commences during the cooling-off period, the customer is the entrepreneur owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The customer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the customer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
b. the customer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
8. The customer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the customer.
9. If the customer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur enables the notification of withdrawal by the customer electronically, he will immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the customer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the customer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the customer used for reimbursement, unless the customer agrees to a different method. The refund is free of charge for the customer.
4. If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the customer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full implementation of the service, but only if:
a. the execution has started with the express prior consent of the customer; and
b. the customer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Service contracts for provision of accommodation, as in the agreement a specific date or period of performance features and other than for residential purpose, transport of goods, car rental services and catering;
5. Agreements related to leisure activities, a specific date or period of execution provided for in the agreement;
6. Products manufactured according to customer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the customer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery;
9. Products that are inseparably mixed after delivery by their nature with other products;
10. Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
11. Sealed audio, video recordings or computer software which were unsealed after delivery;
12. Newspapers, periodicals or magazines, except for subscriptions to this;
13. The supply of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the customer; and
b. the customer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or regulations, or
b. the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
Article 12 - Compliance agreement and additional warranty
1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the customer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement. agreement.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the customer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the obligation. the agreement.
Article 13 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the customer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Duration Transactions: Duration, Termination and Extension
Termination:
1. The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of at least one month.
2. The customer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period. of a maximum of one month.
3. The customer can cancel the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or during a certain period;
- at least cancel in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. A fixed-term agreement, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
5. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the customer extends it. agreement towards the end of the extension with a notice period of at least one month.
6. An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the customer may cancel at any time with a notice period of at least one month.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration. to postpone.
9. Domain name registrations are automatically extended for 1 year one month in advance. Cancellation is possible up to 30 days before the end date of the contract.
Article 15 - Payment
1. Unless otherwise stated in the agreement or additional terms and conditions, the amounts owed by the customer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. agreement. In the case of an agreement to provide a service, this period starts on the day after the customer has received confirmation of the agreement.
2. When selling products to customers, the customer may never be obliged to pay more than 50% in advance in the general terms and conditions. If advance payment has been stipulated, the customer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The customer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the customer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the customer a period of 14 days to still meet his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500; 10% on the next € 2.500 and 5% on the next € 5.000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the customer.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 - Disputes
1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 18 - Additional or derogatory provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.
Article 19 – Damage
1. The entrepreneur is only liable for damage that is due to intent or gross negligence. See article 25.
2. In the above cases, the entrepreneur is only responsible for direct damage and not any indirect damage. See article 25.
Article 20 - Offers
1. Quotations are without obligation and only valid for the applicant.
2. If costs have been incurred in preparing the quotation, for example through reports requested from third parties, Milcraft may pass these costs on to the applicant. This of course only if this has been communicated in advance in writing or by email.
3. Milcraft reserves the right to revoke the quotation within three days.
Article 21 – Websites & web shops
1. The websites we build are subject to the applicable licensing conditions for the relevant CMS. You are the legal user. If you move, you can receive a copy of the website.
Online stores set up by Milcraft depend on the type of web store. The same conditions apply to WooCommerce websites on Milcraft's servers as our websites.
2. It is not permitted to carry out maintenance on your website or online store yourself or to have it carried out by third parties. An exception to this is if this has been agreed in writing.
3. It is not permitted to give third parties access to the server
4. The customer is free to make adjustments to the website himself. Adjustments made by the customer, such as adding and adjusting plugins, adjusting templates and changes and additions to code, are at the customer's own risk. If problems arise or adjustments are overwritten when updating WordPress, template or plugins, Milcraft is not responsible for this. The same applies to other malfunctions or problems.
5. When purchasing Managed WordPress Hosting, you are not permitted to make any adjustments to the website yourself, other than textual and photo adjustments and setting up blocks on pages and messages.
6. When purchasing security for a website without hosting and/or update service, the owner of the website is responsible for keeping the WordPress installations, plugins and templates up to date. Milcraft is authorized to update the website if it lags behind. This will take place at an hourly rate and is calculated per fifteen minutes.
Article 22 – Hosting
1. Milcraft uses the services of Mooij Werkt for hosting Milcraft.
2. Milcraft makes daily backups of your website or webshop.
3. There are costs associated with restoring a backup if this has to be done due to user error by the customer. The backups are on a best effort basis.
4. Making backups in the website itself using plugins such as UpdraftPlus or BackupBuddy is only permitted after consultation with Milcraft.
5. If the other party does not respond to urgent advice or allows violations, as described below, to continue, Milcraft may decide to suspend hosting.
6. It is not allowed:
a. to give third parties access to Milcraft's servers and/or to have maintenance carried out on them.
b. infringe intellectual property rights.
c. use Milcraft's services and products for hacking, spreading spam, pornographic, illegal software or encouraging this through these services and products.
d. to be guilty of criminal offences.
e. perform harmful actions regarding SEO. Think of so-called link farms or Black Hat SEO.
7. When using banners and/or using AdSense or other advertising options, from third parties or your own, Milcraft must first obtain written permission.
8. Milcraft cannot be held liable for interruption of hosting or discontinuation thereof or other damage or costs resulting from this. See article 25.
9. The customer is aware that with shared hosting, other users' accounts can be influenced by their own account. This includes exceeding bandwidth, memory usage and disk space. Instructions to prevent problems must always be followed by the customer within a reasonable period to be determined by Milcraft. If the customer does not take action, Milcraft will make these adjustments at the then applicable hourly rate.
10. Milcraft may refuse a prospective customer for reasons of its own.
11. If information provided by the customer turns out to be incorrect, Milcraft has the right to adjust the prices accordingly.
12. The standard mail with our mail services is an extra service. We will set up the email on our side as best as possible, but the customer is aware that we have no influence on whether the receiving party allows the email. Of course we will do everything possible to make this happen.
Article 23 – Moving services
1. When moving services to Milcraft, Milcraft is largely dependent on the cooperation of the previous service provider/hoster/web designer. Naturally, we try to ensure that a service move goes as smoothly as possible. However, Milcraft is not responsible for any damage resulting from this move.
Prices stated in the quotations are based on full cooperation from the previous service provider/hoster/web designer and based on the information provided. Any additional costs incurred by Milcraft due to opposition from the previous service provider/hoster/web designer or incorrect information may be charged.
2. Transferring domain names and websites to another provider is possible after written request and approval. No costs will be charged for transferring a domain name to and from another provider.
Milcraft will always try to act as quickly as possible when moving.
When moving an existing website to Milcraft, costs are involved, unless otherwise agreed. These costs depend on, among other things, size, complexity and findability.
If you move to another provider, you can request a copy of the website and database or we can make a copy from the website itself. We prefer the latter.
3. When discontinuing services and/or moving to another provider, agreed contract periods and associated payment obligations will be maintained.
4. When switching from another provider to Milcraft, the customer is responsible for the settlement of any current and/or multi-year contracts. Any costs/fines for terminating current contracts with the current provider will be borne by the customer.
5. Any licenses purchased through Milcraft are not transferable. However, the customer will receive the license codes upon request, but is responsible for obtaining new updates. If possible, Milcraft will make an Envato API code available for updates. Milcraft has no influence on the operation of this API connection.
6. Milcraft is not responsible for any decrease in the number of visitors and/or purchases or turnover after relocation.
Article 24 – Confidential information
1. The parties and their staff are mutually obliged to maintain confidentiality of matters for which they could have known or suspected that this information was confidential.
This applies to the period in which services and products were purchased as well as before and after.
Article 25 - Liability
1. Milcraft's liability for damage resulting from an attributable shortcoming in the fulfillment of the Processing Agreement or performance of services, or from tort or otherwise, is excluded. To the extent that the aforementioned liability cannot be excluded, it is limited per event (a series of consecutive events counts as one event) to compensation for financial damage, up to a maximum of € 250.000, and compensation for personal injury, up to a maximum of € 2.5000.000. Milcraft's liability for direct and indirect damage will never exceed these amounts in total.
2. Direct damage is exclusively understood to mean all damage consisting of:
- damage caused directly to material property (“property damage”);
- reasonable and demonstrable costs to urge Milcraft to properly comply with the Processing Agreement or performance of services (again);
- reasonable costs to determine the cause and extent of the damage insofar as it relates to the direct damage as referred to here; and
- reasonable and demonstrable costs incurred by the Controller / customer to prevent or limit the direct damage as referred to in this article.
3. Milcraft's liability for indirect damage is excluded. Indirect damage is understood to mean all damage that is not direct damage and therefore in any case, but not limited to, consequential damage, lost profits, lost savings, reduced goodwill, damage due to business stagnation, damage due to failure to determine marketing objectives, damage related to the use of data or data files prescribed by the Controller / customer, or loss, mutilation or destruction of data or data files.
4. The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of Milcraft or its management.
5. Unless compliance by Milcraft is permanently impossible, Milcraft's liability due to an attributable shortcoming in the performance of the Agreement only arises if the Controller / customer immediately gives Milcraft notice of default in writing, setting a reasonable period for the correction of the shortcoming, and Milcraft continues to fail to fulfill its obligations even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Milcraft is given the opportunity to respond adequately.
6. Any claim for compensation by the Controller / customer against Milcraft that has not been specified and explicitly reported will lapse after twelve (12) months after the claim arose.
7. Milcraft will have and will maintain adequate insurance during the Processing Agreement or performance of services.
8. The Controller / customer is responsible by law for entering into a processing agreement with Milcraft.
version: 1.01-18-12-2019
Adjustment history:
18-12-2019:
-2: new VAT number added, “This is not a visiting address” changed to “Visit by appointment”, added “except public holidays”
-21.5: text supplemented with “textual and photo adjustments and arrangement of blocks”
-22.1: 4Fhosting changed to Mooij Werkt
-22.3: “if this has to be done due to user error by the customer.” added
-22.12: added “12. The standard mail with our mail services is an extra service. We will set up the email on our side as best as possible, but the customer is aware that we have no influence on whether the receiving party allows the email. Of course we will do everything possible to make this happen.”
-23.2: “unless otherwise agreed” and “or we can make a copy from the website itself. We prefer the latter.” added
-23.5: “Milcraft has no influence on the operation of this API connection.” added
-23.6: added: “6. Milcraft is not responsible for any decrease in the number of visitors and/or purchases or turnover after moving.”
