Article 1. Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.

  1. Client: the other party of MTJ Webservice.
  2. Agreement: the agreement between the client and MTJ Webservice.

Article 2. Applicability

  1. These general terms and conditions apply to all offers, quotations and all agreements concluded and services provided by MTJ Webservice and all other actions performed by MTJ Webservice.
  2. By signing an agreement with MTJ Webservice, the client declares that he has taken note of these general terms and conditions of MTJ Webservice and that he agrees to these terms and conditions.
  3. All offers are without obligation, unless expressly stated otherwise in writing in the offer.
  4. The applicability of any purchasing or other conditions of the client is expressly rejected.
  5. If any provision of these general terms and conditions is void or voided, the other provisions of these general terms and conditions will remain fully in force and MTJ Webservice and the client will enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the void or annulled provision are taken into account as much as possible.

Article 3. Offers and quotations

  1. The quotations made by MTJ Webservice are without obligation; they are valid for 6 months, unless otherwise stated.
  2. MTJ Webservice is only bound to the quotations if acceptance thereof is confirmed to MTJ Webservice in writing and signed by the client within 6 months, unless otherwise stated.
  3. Changes to the originally concluded agreement between the client and MTJ Webservice are only valid from the moment these changes have been accepted by both parties through a supplementary or amended agreement.
  4. A composite quotation does not oblige MTJ Webservice to carry out part of the assignment for a corresponding part of the stated price.
  5. Offers or quotations do not automatically apply to future assignments.

Article 4. Prices, invoicing and payments

  1. In the event of an agreement in which there are periodic amounts to be paid by the Client, MTJ Webservice is entitled to adjust the applicable prices and rates by means of a written notice within a period of at least three months.
  2. Rate changes can take place when the content of the assignment changes, when the assignment is extended or when there are changes in legislation and regulations applicable to MTJ Webservice.
  3. Unless otherwise agreed: 25% deposit on the total costs after approval of the quotation and initial design of the website. The website will be placed in a temporary location on the internet, where progress can be viewed. The remaining amount will be invoiced after the website has been completed. After receipt of the amount, the website will be placed on the final location on the internet.
  4. Invoicing of a design and by MTJ Webservice. Invoicing for maintenance costs, hosting and domain name is done annually in advance (Payment before January 31 of the year for which the contract runs). All other amounts will be invoiced upon delivery.
  5. One month after invoicing, the website is considered complete and further changes to the website will no longer be made free of charge. See maintenance contracts.
  6. Payment of the invoice amount must be made no later than 14 days after the invoice date, in the manner specified by MTJ Webservice in the currency in which the invoice was declared. Objections to the amount of the invoices do not suspend the payment obligation.
  7. All costs relating to payment, including exchange and bank costs, are borne by the client.
  8. The signatory of a quotation is jointly and severally liable with the client, natural or legal person in the name and on behalf of whom he acts, in the event of abuse of power, as well as in the event of a lack of complete identification of this client. The agreement between the parties is considered concluded from the moment the customer has signed the quotation.
  9. If the Client does not pay the amounts due within the agreed period, reminder costs will be charged. These reminder costs amount to € 15. If the Client continues to fail to pay the claim after notice of default, the claim can be outsourced to a collection agency, in which case the Client will also be obliged to pay full compensation for extrajudicial and judicial costs in addition to the total amount then due. .

Article 5. Maintenance of the website and maintenance contracts

  1. These conditions apply to a one-year maintenance contract for an existing website.
  2. Maintenance of the website means collecting, organizing and processing data obtained from the client on existing pages of the website. Collecting, organizing and processing data obtained from third parties such as newspapers, magazines, internet and other media on existing pages of the website if applicable.
  3. Adding new texts on existing pages. Changes to the texts are made once, provided they are submitted within 1 week, calculated from the first presentation. In all other cases, costs will be charged to the customer on an hourly basis.
  4. Remaining hours carry over to the next month. Remaining hours do not carry over to the following year. No refund for the remaining hours. Each additional hour is calculated according to the hourly rate.
  5. Maintaining contacts with the hosting company if applicable.
  6. Costs of a maintenance contract apply for one year and must be paid in advance within 14 days after signing the contract.
  7. The notice period for a maintenance contract is three months before the end of the contract date.

Article 6. Obligations of the client

  1. The client is responsible for timely delivery of the material.
  2. MTJ Webservice may use the client’s website for promotion and/or publicity, unless otherwise agreed.

Article 7. Execution of the agreement

  1. MTJ Webservice will make every effort to provide the services with care, where appropriate in accordance with the written agreements with the Client.
  2. If the execution agreement has been entered into with a view to execution by a specific person, MTJ Webservice will always be entitled to replace this person with one or more other persons with the same qualifications.
  3. The Client ensures that all information that MTJ Webservice indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to MTJ Webservice in a timely manner. If the information required for the execution of the agreement has not been provided to MTJ Webservice in a timely manner, MTJ Webservice has the right to suspend the execution of the agreement and/or charge the client for the additional costs resulting from the delay.
  4. MTJ Webservice is not liable for damage of any nature whatsoever because the user relied on incorrect and/or incomplete information provided by the client, unless MTJ Webservice should have been aware of this incorrectness or incompleteness.
  5. MTJ Webservice will deliver the website within the period stated in the quotation, unless otherwise agreed during implementation. The Client undertakes to cooperate by signing the quotation. If the Client fails to do so, the total amount will be invoiced in full after the delivery period has expired.
  6. MTJ Webservice has the right to have a client sign an assignment form for writing articles on behalf of the client. This is done, for example, to demonstrate to event organizations that MTJ Webservice has been commissioned to do this, without having to submit the signed quotation.
  7. If MTJ Webservice or third parties engaged by MTJ Webservice carry out work in the context of the assignment at the client’s location or a location designated by the client, the client will provide the facilities reasonably desired by those employees free of charge.
  8. The Client indemnifies MTJ Webservice against any claims from third parties who suffer damage in connection with the execution of the agreement that is attributable to the Client.

Article 8. Changes and additional work

  1. If, at the request or with the prior consent of the Client, MTJ Webservice has carried out work or other performance that falls outside the content or scope of the agreed services and products, this work or performance will be reimbursed by the Client to MTJ Webservice in accordance with the usual rates of MTJ Webservice. However, MTJ Webservice is not obliged to comply with such a request and may require that a separate written agreement be concluded for this.
  2. To the extent that a fixed price has been agreed for the services and products and the parties intend to conclude a separate agreement with regard to additional work or performance, MTJ Webservice will inform the client in advance in writing about the financial consequences of that additional work or performance.
  3. After approving the quotation and approving the initial design of the website, it is not possible to have changes made to the design free of charge.
  4. Rate changes can take place when the content of the assignment changes, when the assignment is extended or when there are changes in legislation and regulations applicable to MTJ Webservice.

Article 9. Duration and termination

  1. Contracts relating to domain name registration and hosting have a notice period of 3 months. These contracts are tacitly renewed every year.
  2. Maintenance contracts have a minimum term of 1 year and are tacitly extended every year by 1 year. After the minimum term has expired, the agreement can be canceled in writing at any time, subject to a notice period of 3 months.
  3. MTJ Webservice can immediately terminate an agreement with the client if the client does not comply, improperly or incompletely with the agreement(s) concluded with MTJ Webservice, including the associated conditions.
  4. MTJ Webservice has the right to temporarily or completely decommission delivered products and services and/or limit their use if the client does not comply with the agreement and obligation towards MTJ Webservice or acts contrary to these general terms and conditions. MTJ Webservice will inform the client of this in advance, unless this cannot be reasonably and fairly expected of MTJ Webservice. The obligation to pay the amounts due also remains during the decommissioning.

Article 10. Delivery and delivery time

  1. Unless expressly agreed otherwise, shipment of the goods takes place at the expense and risk of the client, even if the transport is carried out by us and/or at our expense.
  2. However, exceeding the delivery time will never constitute a breach of contract and will not affect the client’s obligation to purchase the goods. Under no circumstances is the client entitled to cancel the agreement, to refuse receipt of the goods or payment thereof, or to claim compensation.

Article 11. Copyright

  1. All goods provided to MTJ Webservice will be returned to the Client if he so wishes.
  2. All website and promotional materials developed by MTJ Webservice can be used by MTJ Webservice for its own promotional purposes, unless otherwise agreed in writing with the Client.

Article 12. Liability and indemnification

  1. MTJ Webservice and persons working on the assignment for the execution of the agreement, including our staff, cannot in any way be held liable by the client for damage of any nature, business damage and other consequential damage suffered by anyone, resulting from , or in connection with products or services supplied or made available by us, unless such damage is due to intent or gross negligence.
  2. The liability of MTJ Webservice will at all times be limited to the amount charged or to be charged to the client.

Article 13. Force majeure

  1. In the event of force majeure, MTJ Webservice is entitled to consider the agreement as dissolved, without judicial intervention and without being obliged to pay compensation.
  2. Force majeure to comply with our obligations includes any external cause that cannot be attributed to us and that prevents the fulfillment of the agreement, or hinders or makes it difficult to such a serious extent that such fulfillment cannot reasonably be expected of us. .
  3. MTJ Webservice is not liable for the consequences of events at a hosting provider, domain name registrant or others over which MTJ Webservice has no influence.

Article 14. Miscellaneous provisions

  1. If, in the opinion of the competent court, any provision of these terms and conditions is not applicable or is contrary to public order or law, then only the provision in question will be considered not to have been written and the parties will replace it with one or more provisions that correspond as closely as possible to the conflicting provision(s) and these general terms and conditions will otherwise remain fully in force.
  2. Dutch law applies to all our offers and agreements concluded with us.
  3. MTJ Webservice can change and supplement the general terms and conditions at any time without prior notice and stating reasons. Changes also apply to agreements already concluded, subject to a period of 30 days after announcement of the changes on the website. If the client does not want to accept a change in these conditions, he can terminate the agreement. However, this does not release the client from his obligations to pay for the services already provided.
  4. MTJ Webservice has the right to temporarily decommission delivered products and services if maintenance work is necessary.

Article 15. Third parties

  1. MTJ Webservice is not liable for price changes made by hosting providers or third parties. These prices are implemented by MTJ Webservice without notice.
  2. MTJ Webservice is not liable for the consequences of registering (with personal data) a domain name and hosting with a hosting provider and/or domain name registrant.

Article 16. Retention of title

  1. The Client is and remains the owner of all passwords and other documents obtained relating to the website, domain name and hosting. This information will not be provided to third parties without expressly requested and given permission from the client.
  2. The website created by MTJ Webservice is and remains the property of the client after payment of the agreed fee due.
  3. Scripts and programs developed by MTJ Webservice or others used in and/or in the creation of the website remain the property of MTJ Webservice.

Article 17. Privacy provisions

  1. Your personal data will only be used by MTJ Webservice to request your registration when applying for a domain name and hosting. The data will not be made available to third parties unless with your expressly requested and given permission in advance.
  2. Your personal information, supplied documents, images and sound material remain confidential. MTJ Webservice never provides information such as name, address, e-mail address, telephone number, etc. to third parties without your expressly requested and given permission in advance.