Terms and Conditions
Terms and Conditions
Atiers Registered at the Chamber of Commerce Rotterdam Netherlands under number 85249734 with trade name: Atiers
Article 1: Applicability of conditions
- The following conditions apply to all offers, products, actions and services of Atiers, hereinafter referred to as 'Atiers'.
Article 2: Definitions
- In these general terms and conditions, the following terms are used in the following meaning unless expressly stated otherwise. 'Client': the other party of Atiers 'Agreement': the agreement or order for services concluded between the client and Atiers.
Article 3: Prices
- The prices quoted by Atiers are in euros and are clearly indicated on the website. The suggested prices are exclusive of VAT unless stated otherwise.
- Atiers reserves the right to increase all amounts annually by a percentage. This percentage is at most equal to 5 percent plus a rate similar to the increase in the consumer price index, as determined by Statistics Netherlands, for the year prior to that of the price increase. It is also expressly stated that price increases due to the indexation applied by Atiers do not constitute grounds for interim dissolution. The indexation is an integral part of the agreed price.
Article 4: Payment
- Atiers invoices the client before providing its services.
- Payment must be made within 5 days of the invoice date unless otherwise agreed.
- Payment is made without discount or set-off. The client is not entitled to suspend its payment if the client owns or pretends to have a claim against Atiers. Objections to the amount of the invoices do not suspend the payment obligation either.
- For online payments with iDEAL, the following applies: if the Client chooses to pay via iDEAL, the payment must be made immediately during the ordering process. Atiers will provide the services once the payment has been successfully processed.
- After the expiry of the payment term, the client is legally in default. From the moment of default, the client owes 1% interest per month on the amount due, whereby part of the month is regarded as a whole month.
- After the expiry of the payment term, Atiers is entitled to suspend its services until payment has been received. Suspending the service does not indemnify the customer from meeting the current payment obligations.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, Atiers' claims against the client are immediately due and payable.
- If a payment follows, it will first be deducted from the interest and costs due by Article 6:44 of the Dutch Civil Code.
Article 5: Collection costs
- If the client is in default or fails to fulfil one or more of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the client. To this end, the principal sum will be increased by € 62.50 (incl. VAT) for administration costs. These amounts can be changed by simple notification by Atiers.
- Atiers is entitled to transfer the claim for collection in the event of non-payment. In such a case, the client owes extrajudicial collection costs. The extrajudicial collection costs amount to 15% of the principal sum, including notable interest, with a minimum of € 50.00 (incl. VAT).
- In addition to the collection and administration costs, the client will be charged a registration fee of € 25.00 (incl. VAT).
- The costs associated with legal proceedings are also fully borne by the client.
- If Atiers demonstrates that it has incurred higher costs, which were reasonably necessary, these will be passed on to the client.
Article 6: Terms
- Delivery times specified by Atiers do not bind Atiers. Atiers will make every effort to meet the agreed delivery times but cannot guarantee this. By the mere exceeding of a delivery term, Atiers will not be in default, and the client will, therefore, not be entitled to compensation or the right to dissolve the agreement.
- The Client is obliged to do what is necessary to enable timely delivery by Atiers, including by supplying complete, correct and clear data in a timely manner. For any additional work caused by the client’s inability to fulfil its obligations, the client will pay a fee to Atiers based on the rates it applies.
Article 7: Force majeure
- Atiers is not obliged to fulfil any obligation if it is prevented from doing so as a result of a non-attributable shortcoming (force majeure). Force majeure, in any case, includes illness and/or absence of crucial employees, defects in or failure of equipment or facilities, including telecommunications facilities and energy supplies, shortcomings of suppliers of Atiers, strikes, riots, government measures, fire, natural disasters, floods and acts of war. Suppose this situation continues for at least 14 days. In that case, each party is entitled to dissolve the agreement without the other party being entitled to compensation for any damage with regard to this dissolution.
- If Atiers can still partially perform or has performed at the time of the force majeure, it is entitled to achieve this performance and to invoice it separately, as if it concerned a separate agreement.
Article 8: Liability
- Atiers is not liable for financial loss and other loss suffered by the client and/or as a result of shortcoming, tort or otherwise unless the damage is directly and solely the result of gross negligence or intent on the part of Atiers.
- In so far as Atiers would be obliged to pay any compensation on the basis of defects in the delivered goods, this compensation is limited to the amount paid out in the relevant case by the liability insurance of Atiers or to a maximum of the invoice amount that Atiers is paid to for the services provided. The client has invoiced.
Article 9: Termination of agreement
- Both Atiers and the client are entitled to dissolve the agreement extrajudicially with immediate effect after one of the parties has imputably failed to comply with one or more provisions in the agreement. An attributable shortcoming exists if one party has been notified by registered letter by the other party of the non-compliance with its obligations and the latter does not fulfil the obligations within a reasonable period to be set by the other party. The dissolution takes place in writing by registered letter.
- Both Atiers and the client are entitled, if one of the following circumstances occurs, to suspend the (further) execution of the agreement or to proceed to immediate termination of the agreement without observing the notice period, without being liable for compensation. , namely in case:
- of bankruptcy, attachment or suspension of payment of one of the parties;
- A change occurs in the control of the company of one of the parties;
- One of the parties performs an act that damages or could damage the trade name and/or reputation and/or intellectual property rights of the other party.
Article 10: Consequences of cancellation and/or dissolution
- After termination by cancellation or dissolution, the client undertakes to immediately hand over all documents, software and know-how relating to the agreement to Atiers.
- After termination by cancellation or dissolution, the provisions regarding confidentiality, the competent court and choice of law remain in full force.
Artikel 11: Gebruik van Software en Auteursrecht
- Na volledige betaling van de overeengekomen vergoeding wordt de website het eigendom van de opdrachtgever. Atiers verleent de opdrachtgever het volledige eigendomsrecht op de website, inclusief alle ontwerpen, inhoud en code die daarin zijn opgenomen.
- De opdrachtgever heeft het exclusieve recht om de website te reproduceren, verspreiden, wijzigen, verkopen of sublicentiëren zonder verdere toestemming van Atiers. Het auteursrecht op de website gaat over op de opdrachtgever na volledige betaling.
- Atiers verleent de opdrachtgever een niet-exclusieve licentie voor het gebruik van eventuele software die op de website wordt gehost. Deze licentie is strikt beperkt tot het gebruik van de software in verband met de website en is niet overdraagbaar aan derden. Het beheer en onderhoud van de website, inclusief eventuele software, wordt verzorgd door Atiers, indien de opdrachtgever een onderhoudscontract heeft.
- Atiers aanvaardt geen verantwoordelijkheid of aansprakelijkheid voor eventuele inbreuk op auteursrechten of andere intellectuele eigendomsrechten met betrekking tot de inhoud, zoals tekst en afbeeldingen, en materialen die door de opdrachtgever worden verstrekt voor gebruik op de website. Het is de verantwoordelijkheid van de opdrachtgever om ervoor te zorgen dat zij het juiste recht en de juiste toestemming hebben om dergelijke inhoud te gebruiken op de website. Atiers is niet aansprakelijk voor enige juridische gevolgen die voortvloeien uit het gebruik van dergelijke inhoud door de opdrachtgever.
- Atiers aanvaardt geen verantwoordelijkheid of aansprakelijkheid voor enige juridische gevolgen die voortvloeien uit het gebruik van illegale software of materialen, inclusief tekst, afbeeldingen en andere materialen, door de opdrachtgever. Het is de exclusieve verantwoordelijkheid van de opdrachtgever om ervoor te zorgen dat alle software en materialen die zij aanleveren, inclusief eventuele auteursrechtelijk beschermde inhoud, in overeenstemming zijn met de geldende wetten en licenties. Atiers is niet aansprakelijk voor eventuele juridische gevolgen die voortvloeien uit het gebruik van dergelijke software of materialen door de opdrachtgever.
Article 12: Confidentiality
- The Client and Atiers undertake not to provide third parties with confidential information in the broadest sense of the word, which they have acquired from each other during the term of the agreement, of which the parties know or should know that this information is confidential.
- The Client is obliged to impose this confidentiality on all its employees and any third party it may engage in executing the agreement.
Article 13: Data protection
- Atiers records the personal data provided by the client, partly due to the use of the services by the client, for the execution of the agreement concluded and to keep the client informed of interesting offers of its products and services and products and services. From carefully selected companies. Atiers tries to take into account the preferences of the client.
- The client has the right to inspect the stored personal data and have it corrected or deleted if and insofar as the data concerned is factually incorrect, incomplete or irrelevant for the purpose for which it is processed or otherwise in conflict with the Dutch privacy law. Requests must be made to Atiers in writing.
- Atiers will not disclose personal data to third parties unless this is in accordance with the purpose for which they have been processed and/or the client has permitted it to do so or if it is obliged to disclose it. Such an obligation exists, inter alia, if it arises from a legal obligation, including instruction from the competent authority, or if non-provision would be unlawful towards third parties. If Atiers provides information on the basis of such an obligation in its view, and if it is subsequently established that this obligation did not exist, Atiers is not liable for the damage caused to the client as a result.
Article 14: Change of conditions
- Atiers is entitled to change the general terms and conditions in all cases. Atiers will inform the client of the content of the changes at least one month before the changes come into effect by means of notification by e-mail or letter. Atiers will publish the amended terms and conditions on its website at least one month before they go into effect. The amended terms and conditions bind the parties from the day they come into effect.
- If the client does not wish to agree to an amendment to the general terms and conditions made known by Atiers, the client is entitled to terminate the agreement in writing within seven working days after the notification referred to in Article 13.1, against the date stated in the notification from Atiers on which the amended conditions would come into effect.
Article 15: General provisions
- The parties are not permitted to transfer their rights under the agreement and the appendices in whole or in part to third parties without the prior written consent of the other party.
- The parties hereby indicate that all provisions in the agreement are to be regarded as essential provisions without which the parties would not have concluded the agreement.
- If at any time one of the parties does not invoke the compliance with one or more provisions of the agreement by the other party or does not exercise one of the rights under the agreement, this does not mean that it waives its applicability. Nor does it thereby indicate that the other party is permitted not to comply with one or more provisions of the agreement.
- The nullity of one of the provisions of the agreement does not affect the legal force of the other provisions.
- Changes to the agreement are only valid if in writing and signed by both parties.
Article 16: Competent court and choice of law
- Alle geschillen voortvloeiende uit of samenhangende met de overeenkomst, zullen uitsluitend aan het oordeel van de bevoegde rechter te Rotterdam worden onderworpen.
- Dutch law applies exclusively to the agreement and to all disputes related to or arising from the agreement.
Article 17: Maintenance
- The Client agrees that one revision is included in the standard price quote for the design of the website or webshop. If the Client requests changes after the design has been approved, Atiers reserves the right to charge for any additional work related to both the graphic design and construction as extra work. Such extra work will be invoiced at Atiers' standard rates, with a minimum of €70 excluding VAT per hour.
- Upon delivery, the Client is obligated to promptly inspect the website/webshop for visible or non-immediately apparent deficiencies. Any deficiencies must be reported to Atiers in writing and no later than three months after the delivery.
- The website/webshop will not be considered incorrect in the following cases: (1) due to aspects that can only be subjectively evaluated; (2) due to minor deficiencies that reasonably do not impact the operational or productive use of the website/webshop; or (3) if the Client has failed to provide required content.
- Unless otherwise agreed in writing, Atiers is not obligated to perform maintenance or management of the website/webshop or provide the necessary tools for it.
- If the Client has entered into a maintenance agreement, it initially has a minimum duration of 12 months. The maintenance agreement becomes cancelable on a monthly basis after 1 year.
- Atiers accepts no responsibility or liability for the use or operation of the website/webshop it has built. It is the exclusive responsibility of the Client to ensure that the delivered website/webshop complies with all applicable laws and regulations. Atiers is not a party to any contracts entered into by the Client regarding online or other payments and therefore cannot be held liable for any technical deficiencies arising from them.
- The provisions in the aforementioned articles also apply to assignments given to Atiers for the modification or upgrading of existing websites/webshops.
Article 18: Domain Name Registration and Web Hosting
- If Atiers is responsible for the domain name registration, it will be requested on behalf of the Client. However, Atiers does not guarantee that the domain name application will actually be granted. Atiers accepts no liability or responsibility for the content, composition, and/or use of the domain name. The Client indemnifies Atiers against claims from third parties in this regard. The domain name remains the property of the Client as long as all invoices have been fully paid.
- Atiers preferably provides hosting and has experience in this regard. Atiers has full freedom in the way it provides hosting. Atiers is not responsible for the infrastructure of the Client or third parties.
- Hosting by Atiers does not imply that Atiers accepts any responsibility or liability for the content and operation of the website/webshop it hosts. The Client remains solely responsible and liable at all times, and indemnifies Atiers against claims from third parties, including claims related to intellectual property rights and privacy regulations.
- Unless otherwise agreed in writing and in advance, the hosting agreement does not automatically include the provision of backup, fallback, and recovery services. However, Atiers does not accept liability for the non-functioning, improper functioning, or incomplete functioning of these services.
- The Client is obliged to adequately secure its systems and infrastructure and must have reliable and up-to-date antivirus software in operation at all times.
- The web hosting agreement is combined with the maintenance agreement. This agreement has an initial minimum duration of 12 months. After that, the web hosting agreement/maintenance agreement is cancelable on a monthly basis. WordPress & WooCommerce updates that are not compatible with already installed themes or plugins are not included in the hosting agreement/maintenance agreement and will be subject to a separate quotation.
- WordPress & Woocommerce updates die niet compatibel zijn met reeds geïnstalleerde thema’s of plugins vallen niet binnen de hostingovereenkomst / onderhoudsovereenkomst en worden apart een offerte voor gemaakt.
Article 19: Online Marketing
- Atiers aims to achieve and maintain an optimal position in the Google search engine during the term of the agreement. Although Atiers makes maximum efforts, it cannot guarantee any results, nor is it liable for any damages resulting from the outcome. Atiers is also not liable for direct or indirect damages caused by backlinks created by Atiers.
- To achieve the desired position as mentioned in clause 1, the Client grants Atiers a power of attorney as referred to in Article 3:62, paragraph 2, last sentence of the Dutch Civil Code. In addition, upon first request, the Client provides Atiers with free and unconditional access to the CMS system and FTP data.
- To achieve the intended top position, Atiers has the authority to take any measures or interventions it deems necessary, entirely at its own discretion and without prior consultation or explicit consent from the Client (excluding Article 7:402 of the Dutch Civil Code).
- If the Client terminates the subscription for search engine optimization, online marketing, and/or link building with Atiers, Atiers immediately ceases its activities without any liability towards the Client for any resulting or potential damages.
- If the Client has hosted the website/webshop elsewhere than with Atiers and Atiers needs to obtain access to it, Atiers cannot be held liable for any deficiencies or defects in the website/shop resulting from Atiers' work.
- The agreement for search engine optimization, online marketing, and/or link building is entered into for an initial minimum duration of 6 months. After that, it can be terminated on a monthly basis.