Terms and Conditions

Article 1. Definitions

below Slimsteprijs in these General Terms and Conditions is understood: the private company 318 Webshops BV, established in Hoogeveen, the Netherlands.
Client is understood to mean: the natural or legal person, the partnerships without legal personality, as well as its representative and authorized representative, who Slimsteprijs have concluded or wish to conclude an agreement.
Agreement(s) is understood to mean: all, in relation to the client, by Slimsteprijs agreements used, to which these General Terms and Conditions apply.
System is understood to mean: the coherent network of telecommunication infrastructure and other automated connections that can provide access to the Internet or offer services on the Internet with computers, software and data files.
Written(e) means: only the written, dated and signed correspondence; This does not include e-mail.
User password is understood to mean: the client's private key, required for access to the system.
Username means: the identification code of the individual client.
Helpdesk is understood to mean: the supporting service or assistance to the client, with regard to the services provided by Slimsteprijs services provided.
IP address means: the Internet Protocol number; the unique numerical identification designation, which assigns to a computer (system) for recognition.

Article 2. Relevance

These General Terms and Conditions apply to all offers, assignments and agreements of Slimsteprijs, as well as the implementation thereof, insofar as they relate to the use of the by Slimsteprijs infrastructure, services and knowledge made available.
Deviating stipulations and agreements are only legally valid if they are explicitly stated in writing Slimsteprijs have been agreed.
The own terms and conditions used by the client only apply insofar as they do not conflict with the general terms and conditions of Slimsteprijs. In the event of a conflict, the General Terms and Conditions of Slimsteprijs enjoy priority, even if otherwise stipulated.

Article 3. Quotations

All through Slimsteprijs offers made - in whatever form - are without obligation, unless the contrary has been expressly made known.

Article 4. Agreements

Slimsteprijs works towards clients with business accounts: agreements regarding Websites, additional services and support services.
The agreement is only concluded after Slimsteprijs has accepted or confirmed an order in writing. One through Slimsteprijs sent invoice is equivalent to an acceptance. The order confirmation is deemed to represent the agreement correctly and completely; the date of confirmation is therefore decisive.
If the client wishes to protest against the above, he must do so in writing and within 5 working days.
Each agreement is always entered into under the condition precedent that the client appears to be sufficiently creditworthy for the financial performance of the agreement.
For agreements for which, due to their nature and scope, no quotation or order confirmation is sent, the invoice is deemed to accurately and fully reflect the agreement, subject to complaints within 5 working days.
The agreement is not transferable. For the sale, rental or transfer by the client of the agreement and all products and services to which it applies, the client has the express and written approval of Slimsteprijs necessary. Absence of this permission leads to nullity.

Article 5. Duration of the agreement

The business accounts are entered into for a minimum duration of 1 month. It will then be extended under the same conditions with a term of 1 month each time, unless cancellation has taken place with due observance of the provisions below.
The Client is bound by a notice period of one month; cancellation of the agreement must therefore take place at least one month before the end of the aforementioned contract period of 1 month. Termination of the agreement must always take place in writing.
If the agreement ends before the time for which it was entered into has expired, the client will owe the full compensation before the expiry of that time. Slimsteprijs owed; all this with due observance of any existing statutory regulations. Optionally, the amount of the reimbursement will include the savings and benefits provided for Slimsteprijs resulting from the early termination will be deducted.
Both the client and Slimsteprijs reserve the right to terminate the agreement with immediate effect as a result of the client being placed under guardianship or Slimsteprijs, due to cessation or transfer of its business operations, due to a change in the objective of the company, as well as due to the death of the client.

Article 6. Inspection of data files

Subject to any legal obligations to disclose certain information, the parties are obliged to maintain the confidentiality of the information provided by the other party and of the confidential results obtained by processing it.
This follows from the confidential nature of the relationship between the parties and from the way in which the client can use the system Slimsteprijs only under special circumstances has access to, or gives third parties access to, the user behavior of the client and its non-public information Slimsteprijs maintain – data files,

without prejudice to paragraph 5 and Article 11, paragraphs 3 and 4.

Slimsteprijs will, as good holder of the information, only provide access to third parties if:
the client has given written permission to that effect;
necessary in the context of an official investigation into criminal conduct.
Any inspection will always be limited to the mere provision of specific relevant information. Under no circumstances will Slimsteprijs provide (free) access to, data, connections, Web pages and sites, or otherwise confidential information.
Slimsteprijs is authorized to inspect the client's data files if and insofar as this is necessary for the assessment and granting of a request for inspection, as well as for proper management and operation of the system.

Article 7. Security and execution

Slimsteprijs is always entitled, before commencing or continuing with the work or services, to demand sufficient security for the fulfillment of the payment obligation of the client.
If the requested security is not demonstrated, or if it is insufficiently demonstrated, or if the legal form of the client has changed, Slimsteprijs the right to dissolve the agreement in whole or in part without judicial intervention and to take back what has already been fulfilled or not yet realized, without prejudice to the Slimsteprijs then accruing rights to payment of that which is due upon termination of the agreement due to the work performed or services performed and costs incurred.
Client held Slimsteprijs provide all information and documents necessary for the proper execution of the agreement. If the client is a legal person or a form of cooperation without legal personality, Slimsteprijs request the submission of an extract of registration with the Chamber of Commerce.
For proper and full compliance with its obligations under the agreement existing between the parties, is Slimsteprijs authorized to engage third parties. The costs thereof will be passed on to the client, in accordance with the quotation provided and the provisions of Articles 16 and 17.

Article 8. Fair use Policy

Slimsteprijs applies a Fair-use-Policy. This reads as follows:
The number of requests may not regularly be more than 10x the average number of requests from the other customers with the same package.

Article 9. Use of the system

Slimsteprijs undertakes to provide the necessary cooperation with regard to network security, security of user accesses and security of confidential information in general. However, the Client is responsible for preventing misuse of the (personal) combination of username and password provided to it.
Slimsteprijs is entitled to make changes in or to the system without prior notification to the client. May continue Slimsteprijs make changes to the login procedure and user access and name. The costs that the client may incur as a result of such changes are for his account and cannot be recovered from Slimsteprijs.
The client is not permitted to use the system for unlawful, immoral and punishable conduct. In particular, but not exclusively, this refers to:
1. the (unlawful) distribution of copyrighted material;
1. the unlawful or punishable dissemination of non-public data;
1. the dissemination of criminal texts and image and sound material;
1. computer intrusion (also known as “hacking”) via the Internet or system otherwise;
1. destruction, damage or rendering unusable of systems or automated works and/or software of others.
1. the distribution of pornographic material.
The client is not permitted to initiate or allow processes to continue which he can reasonably suspect will hinder other users of the Internet or affect the other use of the system. It is not allowed to run processes without a direct connection to the system (so-called Daemon Threads), with the exception of CGI processes.
The information that the client distributes for commercial purposes must be in accordance with the applicable and mandatory regulations of (self-)regulatory authorities.
It is the responsibility of the client to check the price information used and the resulting price changes on a daily basis, in order to prevent any damage.
The client is not allowed to disclose information Slimsteprijs redistribute it without express permission Slimsteprijs.

Article 10. Restrictions and blocking of access

Slimsteprijs is entitled to limit and block access for the client to the system if the client does not properly or fully comply with his contractual and non-contractual obligations. Restrictions and blocking of access can take place without warning and do not affect the payment obligation of the client.
If there are reasonable grounds for suspecting that the behavior referred to in Articles 9.3 and 9.4 is occurring, the Client may be disconnected from the system without being entitled to a refund of prepaid fees. The aforementioned provides Slimsteprijs a ground for blocking access to the relevant information, as well as for the immediate dissolution of its agreement with the client.

Article 11. Helpdesk

The helpdesk provides support service to the client during specified hours.
The Client cannot derive any rights from information provided by the employees of the helpdesk. Since the employees of the helpdesk are dependent on the information and actions of the client, – the helpdesk of – Slimsteprijs not liable for the actions of the client.
The employees of the helpdesk are authorized to inspect (non-public) data files of the client, insofar as this is necessary for the support.
The appeal to the service or assistance made by the client is regarded as:
consent of the client for inspection of his data files by employees of the helpdesk;
the commitment of the client to cooperate in the performance of the work by the employees of the helpdesk. In accordance with article 7.2, the required cooperation may consist of the provision of necessary information by the client.

Article 12. Web design

The web design will be carried out with care, where appropriate in accordance with the agreements and procedures recorded in writing with the client.
The agreement regarding the design, creation and application of information architecture, Web application and artwork for the benefit of the client - as well as the advice in this regard by the foregoing - includes the establishment of a right to the commercial use of the created work. In accordance with the provisions of Article 17, the agreement does not relate to the transfer of copyright or the exclusive right of drawing or design to the Slimsteprijs accomplished work.
If it has been agreed that the services will take place in phases, this is possible Slimsteprijs postpone the commencement of the services belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.
Slimsteprijs determines the manner in which it believes the assignment should be carried out. It has the duty, if requested, to inform the client in advance about the way in which the execution is given, unless this is contrary to the nature of the assignment. The Client can only set such objectively determinable criteria that the performance must meet, so that they do not affect the quality or functionality of the work.
Due to the creative nature of the work it is Slimsteprijs not liable for the aesthetic appreciation of the result, as long as Slimsteprijs complied with the assignment and criteria given.
Slimsteprijs is entitled, without the consent of the client, to outsource the assignment or parts thereof to or have it performed by third parties not employed by it, if this is the opinion of the client. Slimsteprijs good or efficient execution of the assignment, unless this is contrary to the nature of the assignment.

Article 13. (Completion) delivery

Delivery times are without obligation and are only indicated approximately. Exceeding the delivery time, which is not due to intent or gross negligence on the part Slimsteprijs can never claim compensation.
The time of delivery is the moment when the goods are present or available at a location specified by the client, as well as being operational. The risk of the goods passes to the client at the time of delivery.
The client is obliged to check the delivered goods immediately upon delivery for any shortcomings, or to carry out this check after notification from us that the goods are available to the client.
Any shortcomings of the delivered good that are present at the time of delivery must be reported to the client within a period of seven working days after delivery. Slimsteprijs in writing, failing which complaints in this regard will no longer be processed.
Slimsteprijs is entitled to deliver in parts (partial deliveries), which it can invoice separately.

Article 14. Force majeure (non-attributable shortcomings)

Slimsteprijs ensures the availability of the system and the fixed connections, making every effort to offer optimum availability. However, the consequences of failure or inaccessibility of the system and the fixed connections as a result of reasonably unforeseeable circumstances are at the risk of the client.
If not on Slimsteprijs Attributable shortcomings are regarded as failures in the connections to the Internet, failures in the telephone network of the telecommunications company(s) involved, power failures and other failures beyond the control of Slimsteprijs lie. Failure or inaccessibility of the system and the fixed connections as a result of maintenance that is reasonably required, as well as the consequences of restrictions and blockages pursuant to the provisions of Article 10, also fall under this.
The consequences of failure to comply with Slimsteprijs against third parties, which are caused by or due to the behavior of the client, will always be for the account and risk of the client.

Article 15. Liability

Slimsteprijs is not responsible or liable for the manner in which, or the purpose for which the client or any third party uses the user name and password of the client to access the Internet.
The Client is aware of the risks associated with the digital or electromagnetic storage and transfer of information in terms of data retention and security.
Without prejudice to the provisions of Articles 9.1 and 12.1 Slimsteprijs not liable for:
1. The corruption of the data stored or transferred by means of the system;
1. Disruption, disappearance and disclosure of confidential and/or valuable information;
1. Situations in which the breached security could reasonably be considered sufficient at the time of implementation, or in which Slimsteprijs cannot reasonably be deemed to be able to implement the requested security.
1. Errors in price information supplied as well as errors that arise from this in implemented price rules.
1. Errors in recommended prices / incorrectly executed price rules
If in the performance of the agreement attributable to Slimsteprijs, damage to property of the client has been caused, will Slimsteprijs reimburse the repair and replacement costs for each event up to a maximum equal to the sum periodically owed by the client.
Any obligation to pay compensation Slimsteprijs for damage resulting from death or physical injury does not exceed € 5.000 per event. The liability for direct damage, caused by and attributable to Slimsteprijs, will always be limited to € 5.000 per event. Slimsteprijs is never liable for trading loss or other indirect damage, including damage due to loss of usage time, lost profit and missed savings.
If more than one claim arises as a result of an event as referred to in the second paragraph and the joint claims exceed the maximums set for each event, the claims will be paid proportionally.
Damage as referred to in the second paragraph, suffered by the client, is a natural person not in the performance of a profession or business, must be reported in writing as soon as possible, but no later than 30 days after the occurrence thereof. Slimsteprijs to have been reported.
Damage not notified within that period Slimsteprijs is not eligible for compensation, unless the client can make it plausible that he was unable to report the damage earlier.
Previous provisions regarding liability of Slimsteprijs shall not apply insofar as the damage is caused by gross negligence or intent on the part of the company's management Slimsteprijs.

Article 16. Reservations & right of retention

The property of the by Slimsteprijs goods sold to the client only go from Slimsteprijs on client about, when Slimsteprijs has received full payment of the agreed purchase price.
Slimsteprijs is entitled to retain items that it has in its possession from and for the client until the fulfillment of all payment obligations that the client has towards it, unless the client has provided sufficient security for the fulfillment of those payment obligations.

Article 17. Copyright / Industrial Property

As far as client through Slimsteprijs software is provided, this is always done under license. With the acceptance of the by Slimsteprijs provided software, the client accepts the applicable license conditions and the client will always be obliged to behave as a good licensee.
The client is not permitted to modify (parts of) the software in any way whatsoever, to reproduce (other than necessary for the intended use), to lend or otherwise provide it to third parties, except insofar as this is necessary for the use that expressly permitted by the agreement.
When copying or otherwise multiplying the software, the client is never permitted to use the indications contained in the software regarding the makership or the confidential nature of the software, or any other reference to Slimsteprijs, change or delete it.
With regard to the Slimsteprijs established concepts, design, applications and other types of work, brands parties Slimsteprijs as being the sole creator or designer within the meaning of Copyright and Drawing and Design Law.
The absolute rights, including copyrights and (other) intellectual rights to graphic products, equipment, software, applications, documentation and other goods - such as analyses, functional designs and reports -, and all changes and additions made thereto, as well as any copies of the aforementioned goods, are at all times vested in Slimsteprijs or from its suppliers.
Slimsteprijs indemnifies the client against the consequences of infringement of intellectual rights of third parties, caused by the use of by Slimsteprijs (graphic) work, software and written information made available, provided that the client Slimsteprijs immediately informs it of any claim based thereon, leaves the handling thereof to it and provides it with any necessary information on request.

Article 18. Rights of use

The door Slimsteprijs (graphic) products, software and written information made available, as referred to in Articles 16 and 17, are provided to the Client on the basis of a licence.
It concerns a non-exclusive and non-transferable license to use the said goods, exclusively within the client's own organization.

Article 19. Prices

Unless otherwise stated, prices are from Slimsteprijs expressed in euros and excluding VAT and any other levies resulting from legal regulations. Unless otherwise agreed in writing Slimsteprijs is entitled to (also) express the amounts it uses in the general European unit of account (Euro).
Slimsteprijs is entitled to increase the applied rates; all this with due observance of any existing statutory regulations. Slimsteprijs will inform the client of rate changes at least one month in advance, on the understanding that already known price increases must be reported with the order confirmation.

Article 20. Invoices and complaints

The invoices of Slimsteprijs are calculated on the basis of an agreement drawn up in advance, in which the performance(s) and time indication are stated.
Complaints must be submitted in writing, accurately stating the nature and grounds of the complaint. They will only be processed if they Slimsteprijs within 7 working days after the invoice date or the relevant performance. After the expiry of this period, complaints will no longer be processed, unless the client is a natural person, not in the exercise of a profession or business.
Slimsteprijs will inform the client in writing within 18 working days after receipt of the complaint of the well-founded or unfounded finding.

Article 21. Payment and consequences of non-payment

Payments must be made without discount or set-off and by way of advance payment in the unit of account in which the prices are expressed; all this with due observance of any existing legal obligations in this respect. Payments only Slimsteprijs self-liberating.
The Client is held liable at all times Slimsteprijs submitted invoice to be paid within 10 working days after the date of the invoice, unless the client and Slimsteprijs agreed otherwise in writing. It on the bank/giro statements of Slimsteprijs indicated currency amount is decisive and therefore its date is regarded as payment date.
If an invoice of Slimsteprijs payment has not been made within 10 working days of the date Slimsteprijs (possibly temporarily) suspend the execution of the agreement in accordance with the provisions of Article 10. At the end of the term, the Client owes interest on the outstanding amount of 2% per calendar month, part of a month counted as a full month.
The copy of the Slimsteprijs sent invoice applies towards the client, not the consumer, as full proof of the guilt, the interest and the day on which the interest calculation starts.
Objections to the invoice must be reported within 5 working days of the date of the invoice in accordance with the manner referred to in Article 18.2. After this period has expired, complaints can no longer be processed and the client, not being a consumer, has waived his alleged rights.
All costs of collection, including the full costs of legal assistance, both in and out of court - granted by whomever - are entirely for the account of the client.
The compensation for extrajudicial costs is fixed at 20% of the principal sum due if it amounts to less than € 1.000. If the principal sum due is more than € 1.000 but less than € 3.000, a percentage of 15% applies. For amounts of € 3.000 and higher, a percentage of 10% is applied. This fee will continue as soon as through Slimsteprijs legal assistance has been invoked or the claim has been handed over for collection, will be charged without any further proof and will be payable by the client.
All payments made by the client serve primarily to settle any interest and further Slimsteprijs collection costs incurred and then to settle the oldest outstanding invoices.
By the mere occurrence of one of the following circumstances Slimsteprijs the authority to dissolve the agreement without judicial intervention, as well as any amount owed by the other party on the basis of the Slimsteprijs services provided - to be claimed immediately in their entirety, without prejudice to the right to compensation of costs, damages and interests, without any warning or notice of default being required:
1. The client is declared bankrupt, assigns his estate, submits a request for suspension of payment or if all or part of his property is seized;
1. the client dies or is placed under guardianship;
1. The client fails to comply with any obligations imposed on it by virtue of the law or these conditions;
2. The client fails to pay an invoice amount or part thereof within the
  to meet the deadline set for this; proceeds to discontinue or transfer his company or a significant part thereof, including the contribution of his company to a company to be incorporated or already existing, or changes the objective of his company.

Article 22. Prescription

1. All legal claims of the client under an agreement subject to these Terms and Conditions become time-barred - subject to mandatory legal provisions - after one year, counting from the day on which fulfillment of obligations under the agreement existing between the parties has become due and payable.

Article 23. Applicable law

1. All offers, agreements and their implementation are exclusively governed by Dutch law, unless the client is a natural person, not in the exercise of a profession or business.

Article 24. Disputes

All disputes - including those considered as such by only one of the parties - arising out of or in connection with the agreement to which these General Terms and Conditions apply, or with the relevant Terms and Conditions and their interpretation or performance, whether of fact or law nature, will be decided by the competent Civil Court.

Article 25. Validity of provisions

If one or more provisions of these General Terms and Conditions are declared invalid by a court decision, all other provisions will remain unaffected.

Article 26. Final provisions

These Terms and Conditions supersede all previous copies.
Slimsteprijs has the right to change these General Terms and Conditions. Changes also apply to agreements already concluded with due observance of the provisions below.
Changes that have consequences for a client with whom an agreement has already been concluded will be announced in a timely manner in the appropriate manner. They come into effect 30 days after the announcement, or at a later date stated in the announcement.