General Terms and Conditions
Article 1: Definitions
Terms of service are:
Supplier: RH Websites and hosting: acting as freelance supplier for webdesign, webhosting, domain names and marketing services.
Client: the company or individual to whom the supplier gives services, advice or guidance or to the clients legal representative
Address: the location where the supplier is located: Lt Cormeaulaan 5, 3970 Leopoldsburg Belgium
Article 2: General
The supplier gives advice and executes services from the given address, unless specified otherwise Each change in address will be notified to the customer.
Article 3: Prices
Before starting the contract the supplier will give the client the prices either verbal, written or via the site. These prices are always exclusief legal taxes should they be required. The supplier is authorized to raise the price when and if unexpected circumstances arrize. The supplier has the right to raise prices on January 1st of each year.
Article 4: Intellectual property
The supplier has intellectual rights on all advices given, plans, documents, images, designs, sites even when the client has been charged for this work.
The in previously mentioned sentence items can never by partially or whole copied without written consent from the supplier other then for internal use by the client. The client isn’t authorized to use these items in any other way then they are ment for.
Article 5: Acceptence
Artical 6: Payment and delivery
Payment needs to be done cash, electronic payment gateways on the site or bank transfer. The client will receive an invoice for the delivered or planned services. The invoice needs to be payed within 15 calendar days after invoice date.
Payments after this term will create interest at 10% and a lump sum of 10% if the invoice amount. (with a minimum of €25) The supplier has the right to decline further execution of the contract untill outstanding fees are fully payed for. If after 60 days the invoice isn’t payed for, the supplier has the right, with retroactivity, to claim all unpayed interests from day 1, including costs made to reclaim the invoice amount, meaning legal fees.
The delivery terms given by the supplier are indicative and non-binding, unless otherwise specified. These terms are expressed in calendar days.
Article 7: Discount
Invoices are to be payed without any discounts, unless otherwise specified. The aren’t subject to VAT (Small business subject to tax exemption scheme. VAT not applicable. )
Article 8: Impracticability of the work
The supplier has the right to cancel agreed on services, advices or orders, if he by circumstances beyond his reach or circumstances unknown to him by the start can’t fullfill the services.
The supplier can – if force majeure occurs and the execution of the advice or the work is jeopardized within the agreed term – outsource the work or part of it to a third party or decide to cancel the execution of the work completely. If compliance becomes permanently impossible, the agreement can be dissolved for that part that has not yet been fulfilled. In that case, neither party is entitled to compensation for the damage caused by the dissolution.
Article 9: Liability
The advice and / or services provided by the supplier are by their nature result-oriented without guaranteeing that result. The supplier excludes any liability with regard to damage resulting from or related to the follow-up by the customer of advice and services provided by the supplier and, unless there is intent or gross negligence on the part of the supplier. On the understanding that only damage for which the supplier is insured is eligible for compensation. In doing so, the following restrictions must be observed: Business interruption, loss of income and the like, due to whatever cause, are not eligible for compensation. The supplier is never liable for damage caused by intent or gross negligence by third parties. The supplier is not responsible or liable for the consequences of incorrect information arising from an unknown and / or concealed aspect by the customer.
Article 10: Promotions
The supplier is free to refer to the products / services supplied by him for promotional purposes, unless expressly agreed otherwise. The supplier also reserves the right to place a modest credit statement with a hyperlink to the supplier’s website in the footer (footer) on any website (s) supplied by it or maintained by it.
Article 11: Fair Use Policy
The supplier applies a Fair Use Policy for the Premium hosting packages with unlimited data traffic and unlimited disk space. The aim of this measure is to prevent overloading of the network and nuisance for other customers. This is when this is caused by customers who use an abnormally larger amount of data traffic via their connection than other customers via the same type of connection.
The disk space included in our packages is provided for website-related storage and not for storing abnormally large amounts of movie or photo material, or media files unrelated to the website in question. If the data traffic of a user exceeds 4 times the average data traffic, or if the amount of stored material of a user is 4 times higher than that of users with an identical package (measured over 1 month), the supplier will contact you proactively. In mutual consultation, it is then determined which options there are to reduce consumption or which alternatives are available depending on consumption.
If the customer does not accept this advice, the supplier is authorized to block access – temporarily or otherwise – and / or to terminate the agreement free of charge. This without any obligation to pay compensation to the customer.
Article 12: Unauthorized Use
The customer remains responsible at all times for the use of the service provided, even if he is not the end user. In case of misuse, the supplier reserves the right to block access – temporarily or otherwise – and / or to terminate the agreement free of charge.
This without any obligation to pay compensation to the customer.
Unauthorized use includes:
1. Unlawful Use or Distribution of Copyright Work
2. Disseminating information that is defamatory, threatening, insulting, racist, hateful or discriminatory
3. Sending spam through the servers of the supplier
4. Conduct illegal or illegal activities through the systems provided by the supplier;
5. All storage and distribution of (illegal) material in violation of the Belgian, Dutch and European, or other laws applicable in the region where the customer is located;
6. Unlawfully gaining access to parts to which the user does not have permission;
7. Performing tasks or operations that may cause damage or nuisance to the systems or to other users.
All damage and any costs incurred by the supplier as a result of the above actions caused by the customer will also be recovered from the customer by operation of law. The supplier is never liable for the security of the data stored by the customer, not even for that of the automatic backups. The customer is therefore expected to provide the necessary security and backups and thus keep all content up-to-date.
Article 13: SSL certificate
If the customer makes use of the free SSL certificate made available by the supplier, the customer declares to be aware of the conditions of the issuer of these certificates. The supplier is never responsible for a correct verification of the identity of the certificate holder. In addition, the supplier does not guarantee the security level of the SSL certificate made available. The SSL certificate provided free of charge is not sufficient for comprehensive data protection and should only be used for personal, non-professional websites. The supplier strongly recommends purchasing an Organizational or Extended certificate for better protection of the data.
Article 14: Webhosting
When purchasing web hosting services, the customer receives access to his personal portal. As determined on the website, we provide an uptime of 99.9% of its servers. This means that the systems will always be up and running, with the great exception of unforeseen circumstances or force majeure.
Customers who are not satisfied with the web hosting services provided will receive – without having to give the reason – their money refunded within 30 calendar days after the purchase date. (30-day money-back guarantee) This only applies to web hosting packages purchased through the webshop and not to extensions of existing agreements, Web design, Marketing, Graphic, Domain name and / or marketing services.
When the customer decides to move or remove his website from the supplier’s server, this is irrevocable. Previously installed websites are thus impossible to restore if the customer changes his mind, and this is in no way the responsibility of the supplier.
Article 15: Domain names
The availability information about domain names that the supplier provides on the website is purely indicative. The customer can therefore not derive any rights from it within the ordering process. The application, allocation and possible use of a domain name are entirely dependent on and subject to the applicable rules and procedures of the relevant registering authorities, including DNS Belgium (www.dns.be), SIDN (www.sidn.nl), DNS.LU (www.dns.lu), Afnic (www.afnic.fr) of ICANN (www.icann.org).
The supplier only fulfills a mediating role in the domain name application and does not give any guarantee that a domain name application will also be granted. By requesting the transfer of an existing domain name, the customer declares to actually be the owner of that specific domain name. The supplier can never be held responsible for any damage claims or consequences related to (the improper use of) a domain name.
Article 16: Disputes
Any protest must be sent to the supplier by reasoned registered letter within a period of 8 calendar days. For complaints or disputes regarding the services provided, the period starts on the day after delivery. With regard to protest against an invoice, the term starts on the invoice date.
In the absence of timely protest, the services and / or invoices have been definitively accepted and payment is due. In the event of disputes, only the peace courts of the canton or the courts of the district of the supplier’s registered office are competent, unless the law prescribes otherwise.
This version of these General Terms and Conditions dates from 15 january 2021.