Terms and conditions
123webpage is a trade name of Visionhost B.V. These general terms and conditions apply to every agreement under which 123webpage delivers its websites and services.
Article 1 — Definitions
In these General Terms and Conditions, the terms indicated with a capital letter have the following meaning:
1.1 Products and Services of Visionhost: the Products and Services operated by Visionhost in which information made available by the Client can be consulted electronically and with which electronic messages can be exchanged between users; this includes, among other things, the lease and registration of a domain, the production, placement and lease of web sites, the promotion of a web site and all other additional and supporting Products and Services.
1.2 Client: the natural or legal person with whom the agreement for the supply of Products and Services of Visionhost is concluded.
1.3 Agreement: any mutual acceptance, confirmed in writing or by e-mail, of the supply of one or more Products or Services of Visionhost.
1.4 Data limit: the maximum amount of data traffic per calendar month.
1.5 General Terms and Conditions: these General Terms and Conditions of Visionhost as they read now or at any time in the future.
1.6 Website: the Website of Visionhost, with domain name ‘https://123webpage.com’ (and the regional 123webpage domains).
Article 2 — Applicability
2.1 The General Terms and Conditions apply to the Agreement and all other legal relationships between Visionhost and the Client, on whatever grounds, including quotations issued.
2.2 The applicability of any general terms and conditions of the Client is expressly rejected by Visionhost.
Article 3 — Offer and acceptance
3.1 All quotations and price estimates made by or on behalf of Visionhost are without obligation, unless Visionhost has stated otherwise in writing or by e-mail.
3.2 An offer or quotation made by Visionhost is valid for 14 days, unless stated otherwise.
Article 4 — Commencement of the agreement
4.1 An Agreement is concluded on the day on which the following conditions are met: the quotation or order form has been completed and signed by the Client, by fax or by regular post, and received and accepted by Visionhost. In addition — where applicable — any fees payable in advance must have been credited to the bank account of Visionhost.
4.2 Additions to and amendments of the Agreement may be made in writing only.
Article 5 — Term and termination
5.1 The Agreement is entered into for a minimum term of 12 calendar months. Unless the Client cancels the Agreement (or an individual domain name) no later than one month before the end of this period, it is renewed after expiry for successive periods of 12 calendar months.
(I) After renewal, the Client may cancel on any day. The cancellation takes effect one month after receipt of the cancellation. A ‘one month’ notice period is understood to mean, at the latest, the day with the same number in the following month. If, after termination, it appears that the Client has paid more than was due for the period between the last invoice and the moment of termination, we will refund the difference within 30 days.
(II) The previous clause only applies if the Client is not acting in the exercise of a profession or business. If the Client is acting from a profession or business, a notice period of two months applies against the end of the term of the Agreement.
(III) If the Client has entered into the Agreement by way of a trial or introduction, the Agreement ends by operation of law upon expiry of the trial or introductory period.
5.2 The Client may communicate a cancellation through the same channel by which the Agreement was entered into.
5.3 Visionhost may terminate the agreement with immediate effect if the Client fails to fulfil, or does not properly or fully fulfil, one or more of its obligations towards Visionhost, or acts in breach thereof. This is at the discretion of Visionhost.
5.4 Without prejudice to anything else stipulated regarding termination in these General Terms and Conditions, Visionhost is entitled, without being liable for any compensation, to suspend and/or terminate the Agreement in whole or in part with immediate effect by means of a notice to that effect to the Client, if:
(I) the Client has been granted provisional or definitive suspension of payment, or the Client’s bankruptcy is applied for or granted, or its business is liquidated or terminated, or if the client has died, or a request has been filed against the Client under the Natural Persons Debt Rescheduling Act;
(II) the Client acts in breach of the General Terms and Conditions or otherwise imputably fails in the fulfilment of its obligations towards Visionhost;
(III) the Client moves to a premises where the Services are not offered by Visionhost;
(IV) the Client’s use of the Services causes disruptions and/or nuisance to the Visionhost network, infrastructure and/or Services of Visionhost.
5.5 Without prejudice to the provisions of Article 17, Visionhost has the right to terminate the agreement with immediate effect and without judicial intervention if:
the Client distributes information that conflicts with generally accepted standards and values;
the Client distributes information that conflicts with (inter)national laws and regulations;
the Client distributes information that is discriminatory with regard to appearance, race, religion, gender, culture, origin or that can otherwise be called offensive; it is also not permitted to place so-called adult pages/MP3/warez/video.
5.6 Amounts owed by the Client to Visionhost in connection with the use of the Services prior to the termination of the Agreement remain due and payable in full after termination and become immediately due and payable at the moment of termination. In the event of suspension, the agreed fees owed by the client remain fully in force.
Article 6 — Delivery and delivery time
6.1 Placement of a Website takes place as soon as possible after a written order and the supply of data and promotional material, or at a time agreed later by both parties.
6.2 If the agreed delivery time threatens to be exceeded, this will be communicated as soon as possible. In the event of force majeure on the part of Visionhost, the term will be extended by the term of that force majeure. Excessive overrun of the delivery time may be regarded as grounds for dissolution of the agreement.
6.3 When applying for and registering a domain, a lead time of several weeks must be taken into account, depending in part on the relevant Nic.
Article 7 — Force majeure
7.1 Force majeure in relation to the agreement is understood to mean everything that is understood by this in law and case law.
7.2 Visionhost is not bound by its obligations under the agreement if performance has become impossible due to force majeure. The agreement will then be dissolved.
Article 8 — Data / e-mail traffic
8.1 A Data limit will be arranged in the Agreement between Visionhost and the Client.
8.2 If, according to the reasonable expectation of Visionhost, the Data limit will be exceeded by more than 25% in any calendar month, Visionhost will request the Client to make payable, within 24 hours, the agreed fee for the overrun in any month.
8.3 If the Client does not comply with the request for payment referred to in paragraph 2, Visionhost reserves the right to halt the data traffic for the calendar month in question from the moment the agreed Data limit is exceeded.
Article 9 — Use of networks
9.1 If the Client uses networks that are directly and indirectly connected to the Network of Visionhost, the condition applies that, as soon as the Client gains access to the network of a third party, it will comply with the statutory and other conditions that apply at that time for the use of that network.
9.2 Visionhost cannot reasonably be required to provide the Client with the conditions referred to in paragraph 1.
9.3 The Client indemnifies Visionhost against any liability arising from non-compliance with the provisions of paragraph 1.
9.4 The Client will not cause any disruption to the functioning of the Network of Visionhost, network(s) of third party(ies) and/or the connection between these networks through (the content of) the data traffic or through any act and/or omission of the Client.
9.5 If, in the reasonable opinion of Visionhost, a danger arises for the functioning of the Network of Visionhost and/or of the service provision to clients of Visionhost, such as — but not limited to — through spam mail, open relay, port scan or hacking by the Client and/or on behalf of the Client or otherwise, Visionhost may give the Client instructions which must be carried out within the stated term.
9.6 The Client is in default immediately, without further notice of default, if no response is given to the instruction referred to in the previous paragraph and/or if (the content of) the data traffic or the act and/or omission of the Client directly proves to cause a disruption to the functioning of the Network of Visionhost, networks of third parties or the connection between these networks.
Article 10 — Service provision and maintenance
10.1 Visionhost will, insofar as can reasonably be required of it, make efforts to keep the Service operational 7 days a week and 24 hours a day, except for the time required for maintenance work.
10.2 Visionhost will, insofar as can reasonably be required of it, make efforts to maintain and keep up the connection with other networks.
10.3 The Client must report disruptions in the functioning of the Service to Visionhost immediately.
10.4 Visionhost will remedy a disruption in the Service as soon as possible after the disruption has been reported by the Client.
10.5 Visionhost in no way guarantees that the Service it provides is suitable for any purpose, nor does it give any other guarantees other than those mentioned in the (written) Agreement or in these terms and conditions.
10.6 The Client is entitled to use the Helpdesk in connection with the functioning of the Services. The Helpdesk can be reached by the client via the Website, via the Visionhost e-mail address or by telephone. All costs that the Client must incur to reach the Helpdesk are entirely for the account of the Client. Information regarding the Helpdesk, including opening hours, is available on the Website. The Helpdesk will use its best efforts to handle questions asked by the Client quickly and accurately. The Client expressly acknowledges that the Helpdesk has no obligation to achieve a result in this respect.
10.7 The costs of remedying a disruption in the Service are for the account of Visionhost, unless:
(I) the Client has made injudicious use of the Service;
(II) the Client has acted in breach of the Agreement or the General Terms and Conditions regarding the use of the Service;
(III) the disruption can otherwise be attributed to the Client.
10.8 Visionhost is entitled to shut down an Internet Protocol (‘IP’) address at any time if it has fallen prey to one or more (Distributed) Denial of Service attacks.
Article 11 — Prices
11.1 All prices stated on the Website, as well as agreed prices, are exclusive of VAT, unless stated otherwise.
11.2 Visionhost has the right to amend the rates. These changes are announced to the Client in writing by e-mail no later than one month before they take effect. The Client is entitled to terminate the agreement on the date the change takes effect.
Article 12 — Payment conditions
12.1 The Client’s payment obligation commences on the day on which the agreement is concluded. The payment relates to the period that commences on the day of the actual provision of Products and Services of Visionhost.
12.2 Payment must be made within 14 days of the invoice date, in a manner to be indicated by Visionhost, in the currency in which the invoice was issued. The moment of payment is the moment the amount due is received by Visionhost.
12.3 The fee owed in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. The Client also owes the fees arising from these terms and conditions.
12.4 Visionhost sends the Client an invoice per payment term for the costs associated with the agreement.
12.5 The costs owed are, depending on the term for which the agreement is entered into, charged in advance and must be paid monthly/annually in advance by direct debit or invoice. If not, Visionhost reserves the right to (temporarily) halt the Service.
12.6 If the Client fails to pay within the term of 8 days, the Client is in default by operation of law without further notice of default. The Client then owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest applies. The interest on the amount due is calculated from the moment the Client is in default until the moment of payment of the full amount.
12.7 If the Client is of the opinion that the costs charged are incorrect, the Client may notify Visionhost of the objections within 14 days of the date stated on the invoice. Upon receipt of the objection, Visionhost will investigate the correctness of the invoice amount.
12.8 Payment of the costs owed may take place by means of a monthly direct debit and/or a one-off direct debit, which the Client has authorised at the start of the agreement or later.
12.9 In the case of direct debit, the Client must ensure sufficient balance in its account.
12.10 The Client is in default from the moment the fee owed cannot be collected, or is not paid to Visionhost, due to the Client’s actions.
12.11 If amounts owed cannot be collected or are not received due to the Client’s actions, Visionhost charges default interest equal to the statutory interest, which is owed from the moment the Client is in default until the moment of collection.
12.12 If a higher amount is collected by mistake, Visionhost must return the amount collected in excess to the Client without delay at the Client’s first request, increased by statutory interest from the day of collection until the day on which the amount in question is returned.
Article 13 — Intellectual property rights
13.1 The Client is permitted to download and use the software present on the Visionhost site on which no (intellectual) property rights rest or which are expressly not exercised (so-called freeware).
13.2 The Client must respect the intellectual property rights in respect of protected software and/or other works (including so-called “shareware”) and indemnifies Visionhost against any claim in this regard.
13.3 The Client guarantees that it has all rights, or has acquired all rights, to send, store, display and/or reproduce data by means of the Services, and hereby grants Visionhost a licence to store, display, reproduce and/or distribute that data for the duration of the Agreement.
Article 14 — Retention of title
14.1 After termination of the Agreement, licence rights of Visionhost are not transferred to the Client.
14.2 After termination of the Agreement, Visionhost is indemnified by the Client against liability associated with any use of licence rights by the Client.
Article 15 — Liability
15.1 In its activities, Visionhost depends on the cooperation, Services and supplies of third parties, over which Visionhost has little or no influence. Visionhost can therefore in no way be held liable for any damage whatsoever arising from the relationship between said third parties and Visionhost, or the severance thereof, regardless of whether the damage arises or becomes apparent during the relationship with Visionhost.
15.2 In the event of an imputable failure in the fulfilment of the agreement, Visionhost is only liable for substitute damages, i.e. compensation for the value of the performance that has not been delivered. Any liability of Visionhost for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost turnover or profit.
15.3 The Client indemnifies Visionhost against all claims for damages that third parties may assert in respect of damage that has arisen in any way through the unlawful or careless use of the Products and Services of Visionhost supplied to the Client.
15.4 In view of the large number of nodes on the internet with human intervention, the use of local networks and wireless communication, one must take into account the fact that the information obtained or sent via the internet is freely accessible. Visionhost cannot be held liable for damage in any form whatsoever caused by the sending of confidential or secret information. Visionhost is not liable for the security or misuse by third parties of the data that is stored.
15.5 Visionhost is not responsible or liable for the content of promotional material supplied by the Client.
15.6 The Client is liable for all damage that Visionhost may suffer as a result of an imputable failure of the Client in the fulfilment of the obligations arising from the agreement and these terms and conditions.
15.7 The Client must immediately notify Visionhost in writing of changes to the Client’s details. If the Client fails to do so, the Client is liable for any damage that Visionhost suffers as a result.
Article 16 — Transfer of rights and obligations
16.1 The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.
Article 17 — Decommissioning
17.1 Visionhost has the right to (temporarily) decommission supplied Products and Services and/or to restrict their use if the Client fails to fulfil an obligation towards Visionhost in respect of the agreement or acts in breach of these General Terms and Conditions. Visionhost will notify the Client of this in advance, unless this cannot reasonably be required of Visionhost. The obligation to pay the amounts owed continues to exist during the decommissioning.
17.2 Recommissioning takes place if the Client has fulfilled its obligations within a term set by Visionhost and has paid a fixed amount for recommissioning of € 100 excl. VAT.
Article 18 — Complaints
18.1 The Client must complain in writing about perceptible defects no later than 8 days after delivery, failing which any claim against Visionhost lapses.
18.2 Complaints regarding invisible defects must be made in writing by registered letter within 8 days after the defect has been discovered, could have been discovered or should have been discovered. If this does not happen, any claim against Visionhost lapses.
18.3 If a complaint is justified, the Products or Services supplied will, after consultation, be adjusted, replaced or compensated.
18.4 A complaint does not suspend the obligations of the Client.
Article 19 — Dispute resolution and applicable law
19.1 The court in the place of business of Visionhost has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Visionhost has the right to submit the dispute to the court that has jurisdiction under the law.
19.2 The parties will only appeal to the court after they have made every effort to settle a dispute by mutual consultation.
19.3 Dutch law applies to every agreement between Visionhost and the Client.
19.4 The General Terms and Conditions are stated on the website of Visionhost (https://123webpage.com/terms) and can be retrieved there. They are also sent free of charge on request.
19.5 If any provision of these General Terms and Conditions is null and void or is annulled, the remaining provisions of these General Terms and Conditions will remain fully in force. The Client and Visionhost will consult in order to agree on a new provision to replace the null and void or annulled provision, taking into account as much as possible the purpose and intent of the null and void or annulled provision.
Article 20 — Privacy and security
20.1 In the context of the service provision, Visionhost B.V. processes personal data of clients. Personal data is used to: perform the agreement or take pre-contractual measures; inform clients about products and services of Visionhost B.V.; conduct market research and analysis to improve the service provision of Visionhost B.V.; pass on applications for domain name registrations to registering bodies in accordance with art. 20.2.
20.2 For the application, allocation and possible use of a domain name, Visionhost B.V. fulfils an intermediary role. Such applications are subject to the applicable rules and procedures of the relevant registering bodies, such as the Foundation for Internet Domain Registration in the Netherlands (SIDN). The relevant body decides on the allocation of a domain name. In order to carry out the application, Visionhost B.V. will, insofar as necessary in the context of the application, provide personal data to these bodies.
20.3 The full and current privacy statement of Visionhost B.V. can be consulted online in our privacy statement .
20.4 Visionhost B.V. does not take note of non-public information, including personal data, placed on our systems by the client, unless this is necessary for the proper performance of the service provision or such inspection is based on a statutory obligation.
20.5 The client acknowledges that Visionhost B.V., as an internet provider, has an independent retention obligation with regard to traffic and location data on the basis of the Telecommunications Data Retention Act.
20.6 Insofar as Visionhost B.V. processes personal data on behalf of the client by means of the services, Visionhost B.V. does so as a processor of personal data within the meaning of the General Data Protection Regulation (GDPR). The Addendum to these General Terms and Conditions contains the terms and conditions of this processing of personal data by Visionhost B.V.
Addendum A — Data processing (Annex AV)
Visionhost B.V. will process personal data on behalf of its clients during or in connection with the performance of its services. On the basis of privacy legislation, the client in this capacity is regarded as the controller of the processing of the personal data and Visionhost B.V. as the processor. This Addendum contains the terms and conditions of this processing of personal data by Visionhost B.V.
1. Obligations
Visionhost B.V. processes personal data only insofar as necessary during or in connection with the performance of the agreement concluded between the parties. The processing of personal data by Visionhost B.V. takes place in a proper and careful manner, in accordance with privacy legislation and in accordance with the client’s request for services.
2. Sub-processors
Visionhost B.V. is entitled to engage sub-processors in the processing of the personal data, provided that Visionhost B.V. ensures that the sub-processors to be engaged assume at least the same obligations as those resting on Visionhost B.V. on the basis of this Addendum. In this relationship, Visionhost B.V. remains the point of contact for the client.
3. Transfer of personal data
Visionhost B.V. will only transfer personal data to a country outside the European Economic Area provided that country guarantees an adequate level of protection and it complies with the other obligations resting on it on the basis of this Addendum and privacy legislation. If the client transfers personal data to countries outside the European Union by means of the services, the client indemnifies Visionhost B.V. against all legal claims of third parties based on the assertion that this personal data is transferred in breach of the provisions of the GDPR.
4. Security
Visionhost B.V. takes appropriate technical and organisational measures to secure personal data against loss and against any form of unlawful processing. These measures guarantee, taking into account the state of the art and the costs of implementation, an appropriate level of security in view of the risks of the processing and the nature, scope and context of the personal data to be protected.
5. Data breaches
Visionhost B.V. will inform the client without delay after it has become aware of a data breach. The notification contains a description of:
i. the data breach;
ii. the nature of the breach (including copying, alteration, deletion, theft, unknown);
iii. when the data breach took place;
iv. the number of persons whose personal data may be involved in the data breach;
v. the type of personal data (including name and address details, citizen service numbers, telephone numbers, e-mail addresses, access or identification data, financial data); and
vi. the technical measures taken by Visionhost B.V. to stop the breach and prevent future breaches.
At the client’s request, Visionhost B.V. provides further information about the data breach, insofar as necessary for the client to comply with its statutory obligations regarding notification to the Dutch Data Protection Authority and data subjects. The client is obliged to actively assist Visionhost B.V. in the event of a data breach and the resulting notification obligation of Visionhost B.V. to the Dutch Data Protection Authority under the Telecommunications Act.
6. Requests from data subjects
In the event of a request for access, rectification, erasure or restriction of processing, Visionhost B.V. cooperates by providing, as soon as possible but no later than within twenty working days after the client requests Visionhost B.V. to do so, all information that the client needs to comply with the request, or by rectifying, erasing or shielding the personal data indicated by the client, insofar as the client does not have independent access to this data from the services of Visionhost B.V.
7. Back-up of the personal data
Visionhost B.V. makes a back-up copy of all server data, which may also contain personal data, at least once a day.
8. Confidentiality
Visionhost B.V. undertakes, unconditionally and irrevocably, to maintain confidentiality during and after termination of this agreement regarding all personal data whose confidential nature it knows or can reasonably suspect. Visionhost B.V. guarantees that all its employees who have access to personal data are bound by the confidentiality obligation described in this article and refrain from copying, passing on, transferring or otherwise disseminating personal data to third parties. This obligation does not apply only if and insofar as disclosure is required on the basis of the law and/or a court ruling, in which case the information to be disclosed will be kept as limited as possible.
9. Term and termination
The obligations of Visionhost B.V. under this Addendum continue unabated after termination of the agreement as well, if and insofar as Visionhost B.V. still has access to personal data. Upon termination of the agreement, the client is itself responsible for exporting personal data. Immediately, or at the latest thirty (30) days after termination or dissolution, Visionhost B.V. will destroy the personal data provided to it. Visionhost B.V. may deviate from this insofar as a statutory retention period applies to it in respect of certain personal data, or insofar as this is necessary to prove the fulfilment of its obligations towards the client.
Definitions
The names and terms in this Addendum that are written with a capital letter have the following meaning:
Data breach(es) a breach in connection with personal data, i.e. any breach of security that accidentally or unlawfully leads to the destruction, loss, alteration or unauthorised disclosure of, or unauthorised access to, data transmitted, stored or otherwise processed;
Data subject(s) the person to whom a personal data item relates;
Processor Visionhost B.V., being the (legal) person who processes personal data on behalf of the controller;
Agreement the agreement concluded between the parties regarding the service provision of Visionhost B.V. to the client, of which this Addendum forms an annex;
Parties Visionhost B.V. and the client, jointly;
Personal data all information about an identified or identifiable natural person;
Privacy legislation all applicable laws and regulations on the processing of personal data — including but not limited to — the General Data Protection Regulation;
Sub-processor the (legal) person who in turn processes personal data on behalf of Visionhost B.V.;
Controller(s) the client, being the (legal) person who (alone or together with others) determines the purpose of and means for the processing of personal data and is obliged, on the basis of privacy legislation, to take the safeguards required for that processing;
Processing an operation or a set of operations relating to personal data or a set of personal data, whether or not carried out by automated means, such as collecting, recording, organising, structuring, storing, updating or modifying, retrieving, consulting, using, providing by means of transmission, distributing or otherwise making available, aligning or combining, shielding, erasing or destroying data.