General terms and conditions

General terms and 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 the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 19 - Damages
Article 20 - Offers
Article 21 - Websites & webshops
Article 22 - Hosting
Article 23 - Moving services
Article 24 - Confidential information

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract in which the customer acquires products, digital content and/or services related to a distance contract and these items, digital content and/or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Reflection period: the period within which the customer can exercise his right of withdrawal;
3. customer: the natural person not acting for purposes related to his trade, business, craft or profession. Also called Controller;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
7. Durable data carrier: any device - including e-mail - that enables the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the customer's option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or remote services to customers;
10. Distance contract: a contract concluded between the trader and the customer within the framework of an organised system for distance selling of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions;
12. Technology for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur

T.T. van Miltenburg, Milcraft
Verdi court 28
2402 VC Alphen aan den Rijn
Visits by appointment
Phone number: 0172 -8977895 (9 a.m. to 7 p.m. Monday to Friday, excluding holidays)
Email address: info@milcraft.nl
Chamber of Commerce number: 61376507
Btw-identificatienummer: NL002054173B37

Article 3 - Applicability

1. These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and customer.
2. Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises 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 may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the customer's request.
4. In case specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting terms and conditions, the customer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious 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, which are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement comes into effect at the moment the customer accepts the offer and fulfils the conditions set out therein.
2. If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - investigate 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 grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the customer the following information, in writing or in such a way that it can be stored by the customer in an accessible way on a durable data carrier:
a. the visiting address of the trader's branch to which the customer can address complaints;
b. the conditions under which and the manner in which the customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the customer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

By products:
1. The customer may dissolve an agreement relating to the purchase of a product during a reflection period of up to 14 days without giving reasons. The entrepreneur may ask the customer about the reason for withdrawal, but may not oblige the customer to give his reason(s).
2. The cooling-off period referred to in paragraph 1 starts 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 several products in the same order: the day on which the customer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the customer of this prior to the ordering process, refuse an order of several 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, received the last shipment or part;
c. for 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.

In the case of services and digital content not provided on a tangible medium:
3. The customer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The operator may ask the customer about the reason for withdrawal, but may not oblige the customer to provide his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement or if the fulfilment has started with the explicit prior consent of the customer such as the signed return of an offer.
5. The customer has declared to waive his right of rescission once the merchant has fulfilled the contract within the rescission period.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
6. If the entrepreneur has not provided the customer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off 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 12 months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the customer received that information.
8. For websites, we use the latest technology. We do not support old browsers, especially Internet Explorer 7 and 8. We guarantee that our websites can be properly viewed in the latest versions of Google Chrome, Internet Explorer, Safari and Firefox. Read here more on this choice.
9. For websites and webshops built with templates and plugins provided by third parties, Milcraft is not responsible for continued support by the builders of these templates and plugins. Neither can Milcraft be held responsible for the resolution of problems caused by the discontinuation of support by the makers/builders of these templates and plugins. Costs of fixing any compatibility problems or security issues will be charged to the customer. If resolution is not possible, Milcraft cannot be held responsible for this.
10. Websites and webshops are built on the basis of WordPress, WooCommerce and Lightspeed. As long as the makers do not charge for these, Milcraft will not charge for the use of WordPress and WooCommerce. Should it happen in the future that the makers of WordPress and WooCommerce do charge for this, Milcraft is authorised to invoice these costs one-on-one to the customer.
With Lightspeed, the client has a contract with Lightspeed. Milcraft only supports in terms of advice, setting up accounts and setting up the webshop.

Article 7 - Obligations of the customer during the cooling-off period

1. During the reflection period, the customer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the customer may only handle and inspect the product as he would be allowed to do in a shop.
2. The customer shall only be liable for depreciation of the product resulting from a way of handling the product that goes beyond that permitted in paragraph 1.
3. The customer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the customer and costs thereof

1. If the customer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period using 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 returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The customer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The customer returns the product with all delivered accessories, if reasonably possible in its 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 notified that the customer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the customer does not have to bear the return costs.
6. If the customer revokes after having first expressly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the cooling-off period, the customer shall owe the entrepreneur an amount proportionate to that part of the commitment fulfilled by the entrepreneur at the time of revocation compared to the full fulfilment of the commitment.
7. The customer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the trader has not provided the customer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
b. the customer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
8. The customer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:
a. prior to its delivery, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement by the customer.
9. If the customer exercises his right of withdrawal, all additional agreements shall 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 by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur reimburses all payments made by the customer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the customer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the customer proves that he has returned the product, whichever is earlier.
3. The entrepreneur shall use the same means of payment used by the customer for reimbursement, unless the customer agrees to another method. The refund is free of charge for the customer.
4. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the entrepreneur to the customer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. performance has begun with the customer's express prior consent; and
b. the customer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
6. Products manufactured to customer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by 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 which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, after delivery, are by their nature irrevocably mixed with other products;
10. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, magazines or journals, excluding subscriptions to them;
13. The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the customer's express prior consent; and
b. the customer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they result from statutory regulations or provisions; or
b. the customer is authorised to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees 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 on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Additional guarantee means any undertaking by the entrepreneur, its supplier, importer or manufacturer in which it grants the customer certain rights or claims that go beyond what the latter is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur.
3. With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the customer will be informed about this at the latest 30 days after the order was placed. In that case, the customer has the right to dissolve the agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer without delay.
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 explicitly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal

Termination:
1. The customer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of at least one month.
2. The customer may terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, subject to agreed termination rules and a notice period not exceeding one month.
3. The customer may enter into the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a particular time or period;
- at least terminate them in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the customer can terminate this renewed contract by the end of the renewal with a notice period of at least one month.
6. A fixed-term contract that has been entered into for the regular supply of products or services may be tacitly renewed for an indefinite period only if the customer may terminate it at any time with at least one month's notice.
7. An agreement with a limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, after one year the customer may terminate the agreement at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
9. Domain name registrations are automatically renewed one month in advance for 1 year. Cancellation is possible up to 30 days before the end date of the contract.

Article 15 - Payment

1. Unless otherwise provided 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 cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the customer receives the confirmation of the agreement.
2. When selling products to customers, general terms and conditions may never oblige the customer to pay more than 50% in advance. Where advance payment is stipulated, the customer may not assert any rights regarding the execution of the respective order or service(s) before the stipulated advance payment has been made.
3. The customer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the client does not timely fulfil his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the client a period of 14 days to still fulfil his payment obligations, after the non-payment within this 14-day period, due the legal interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the client.

Article 16 - Complaints procedure

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall 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 the 14-day period with a notice 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 of time or within 3 months from the submission of the complaint, a dispute susceptible to dispute resolution arises.

Article 17 - Disputes

1. Contracts between the entrepreneur and the customer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Additional or different provisions

Additional provisions or provisions deviating 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 - Damages

1. The entrepreneur is only liable for damage that is due to his 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 non-binding and valid only for the applicant.
2. If costs have been incurred for making the offer, e.g. through reports requested from third parties, Milcraft may pass these costs on to the applicant. This of course only if this has been made known in advance in writing or by e-mail.
3. Milcraft retains the right to withdraw the offer within a period of three days.

Article 21 - Websites & webshops

1. The websites we build are bound by the applicable licence conditions for the respective CMS. You are the legitimate user. If you move house, you can take a copy of the website with you.
For webshops set up by Milcraft, it depends on the type of webshop. For WooCommerce websites on Milcraft's servers, the same conditions apply as our websites.
2. You are not allowed to perform maintenance to your website or web shop yourself or have it performed by third parties. The exception is if this has been agreed in writing.
3. It is not allowed to give third parties access to the server
4. The customer is free to make his own adjustments to the website. Changes made by the customer such as adding and modifying plugins, modifying templates and changes and additions to code are at his/her own risk. Should any problems arise when updating WordPress, template or plugins or modifications are overwritten, Milcraft is not responsible for this. The same applies to other failures or problems.
5. When taking Managed WordPress Hosting, you are not allowed to make your own adjustments to website, other than textual and photo adjustments and setting up blocks on pages and posts.
6. When taking security for website without hosting and/or update service, the website owner is responsible for keeping the WordPress installations, plugins and templates up to date. Milcraft is authorised to update the website if it falls behind. This will take place at an hourly rate and will be charged by 15 minutes.

Article 22 - Hosting

1. For hosting Milcraft uses the services of Mooij Werkt.
2. Milcraft makes daily backups of your website or webshop.
3. Restoring a backup is subject to a charge if it has to be done due to user error by the customer. Backups are on a best-effort basis.
4. Creating backups in the website itself by plugins such as UpdraftPlus or BackupBuddy is only allowed after consultation with Milcraft.
5. If the other party does not comply with urgent advice or allow violations, as described below, to persist, Milcraft may decide to suspend hosting.
6. It is not allowed:
a. to give third parties access to Milcraft's servers and/or have them perform maintenance on them.
b. infringe on intellectual property.
c. use Milcraft's services and products for hacking, distributing spam, pornographic, illegal software or encourage this through these services and products.
d. be guilty of criminal offences.
e. carry out harmful SEO-related actions. These include so-called link farms or Black Hat SEO.
7.When using banners and/or the use of AdSense or other advertising facilities, third-party or proprietary, prior written permission must be requested from Milcraft.
8. Milcraft cannot be held liable for interruption or discontinuation of hosting or any other damages or costs arising from this. See Article 25.
9. The customer is aware that with shared hosting accounts of other users may be affected by their own account. Examples include bandwidth overruns, memory usage and disk space. Instructions to prevent problems must always be followed up by the customer within a reasonable period to be determined by Milcraft. Should the customer fail to take action, Milcraft is entitled to carry out these adjustments at the then current hourly rate.
10. Milcraft may refuse a prospective customer for reasons of its own.
11. If data provided by the customer prove to be incorrect, Milcraft has the right to adjust prices accordingly.
12. The default mail with our mail services are an extra service. We will set up the mail on our side as best we can, but the customer is aware that we have no influence on whether the receiving party will allow the mail. Of course, we will do our best 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. It goes without saying that we try to make a service relocation as smooth as possible. However, Milcraft is not responsible for any damage resulting from this move.
Prices mentioned in the offers are based on full cooperation of the previous service provider/hoster/web designer and 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. Moving domain names and websites to another provider is possible after written request and agreement. No costs are charged for moving a domain name to and from another provider.
Milcraft will always try to deal with a move as quickly as possible.
Transferring an existing website to Milcraft involves costs, unless otherwise agreed. These costs depend on the size, complexity and findability, among other things.
When moving to another provider, you can request a copy of the website and database or we can make a copy from the website itself. The latter is our preference.
3. When discontinuing services and/or moving to another provider, agreed contract periods and corresponding payment obligations shall 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/penalties for terminating current contracts with the current provider shall be borne by the customer.
5. Any licences purchased through Milcraft are not transferable. However, the customer will receive licence codes if requested, but is responsible for obtaining new updates himself. 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 personnel are mutually obliged to keep confidential matters which they could have known or suspected to be confidential.
This applies both to the period in which services and products are purchased and before and after.

Article 25 - Liability

1. Milcraft's liability for damages resulting from an attributable failure in the performance of the Processing Agreement and/or performance of services, or from unlawful act or otherwise, is excluded. Insofar as the aforementioned liability cannot be excluded, it is limited per event (a series of consecutive events counts as one event) to compensation of property damage, up to a maximum of € 250,000 and compensation of 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 means exclusively all damage consisting of:

• damage directly caused to tangible property ("property damage");
• reasonable and demonstrable costs to compel Milcraft to (again) properly comply with the Processor Agreement and/or performance of services;
• reasonable costs to determine the cause and extent of the damage insofar as pertaining to direct damage as referred to herein; and
• reasonable and demonstrable costs incurred by Processor/Customer to prevent or limit the direct damage 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 profit, missed savings, reduced goodwill, damage due to business stagnation, damage due to the non-determination of marketing purposes, damage related to the use of data or data files prescribed by Processor/customer, or loss, mutilation or destruction of data or data files.
4. The exclusions and limitations referred to in this article lapse if and insofar as the damage is the result of intentional or deliberate recklessness of Milcraft or its management.
5. Unless fulfilment by Milcraft is permanently impossible, Milcraft's liability due to attributable failure in the fulfilment of the Agreement only arises if Processor/customer immediately gives Milcraft written notice of default, whereby a reasonable term for the purification of the failure is set, and Milcraft continues to fail imputably in the fulfilment of its obligations even after that term. The notice of default must contain as complete and detailed a description of the failure as possible, so that Milcraft is given the opportunity to respond adequately.
6. Any claim for damages by Processor/Customer against Milcraft that is not specified and explicitly reported shall expire by the mere lapse of twelve (12) months after the claim arose.
7. Milcraft shall have and maintain adequate insurance during the Processor Agreement and/or performance of services.
8. By law, the Controller/Customer is responsible for agreeing a processor agreement with Milcraft.

version: 1.01-18-12-2019

Adjustment history:

18-12-2019:
-2: added new VAT number, changed "This is not a visiting address" to "Visits by appointment", added "excluding holidays"
-21.5: text supplemented by "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 default mail with our mail services are an additional service. We will set up the mail on our end as best we can, but the customer is aware that we have no influence whether the receiving party will allow the mail. Of course, we will do the best we can to make this happen."
-23.2: "unless otherwise agreed" and "or we can make a copy from the website itself. The latter is our preference." 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 relocation."

23-09-204:
-10.6: Adding Lightspeed and description construction contract between client and Lightspeed