Terms and Conditions Atlantis Digital B.V.
Section 1: General provisions
Article 1: Definitions
- Atlantis Digital B.V: The private limited company Atlantis Digital B.V., registered in the Trade Register under the Chamber of Commerce number 88113752 and acting under the names Atlantis Digital B.V..
- Client: A party granting Atlantis Digital B.V. an assignment as referred to in article 7:400 paragraph 1 of the Dutch Civil Code.
- Parties: The joint designation of Atlantis Digital B.V. and Client.
- General Terms and 3 Conditions: the present terms and conditions.
- Written: where these General Terms and Conditions refer to “in writing”, this also includes communication by electronic means, whereby the identity and integrity of the communication must be sufficiently certain.
- Quotation: the written offer by Atlantis Digital B.V. to perform services for a certain fee.
- Works: software, (including software) websites, equipment, data files, documentation, advice, reports, analyses, designs, texts, images, audiovisual material, logos and/or house styles.
- Agreement: these General Terms and Conditions together with the offer approved by the Client and the written explanation provided by Atlantis Digital B.V. to this offer.
- Website Hosting: making a website available on the Internet 24 hours a day.
- Maintenance: keeping WordPress, plugins and database backed up regularly.
Article 2: Applicability
- These Terms and Conditions apply to all legal relationships between Atlantis Digital B.V. and the Client concerning work performed or to be performed and/or services and products delivered or to be delivered, including an offer made by Atlantis Digital B.V. for the performance of work and/or the delivery of services and products, for the benefit of the Client of any nature whatsoever, even if these services and products are not (further) described in these Terms and Conditions.
- These Terms and Conditions also apply to (1) any person who is employed by Atlantis Digital B.V., (2) any person who is engaged by Atlantis Digital B.V. and (3) any person for whose acts or omissions Atlantis Digital B.V. is or may be liable.
- The applicability of any other general terms and conditions is expressly excluded.
- If one or more provisions of these General Terms and Conditions are at any time declared wholly or partially void or annulled, this shall not affect the applicability of the remaining provisions.
- If one of the provisions from Section 1 conflicts with a provision from Section 2, the provision from the specific regulation (Section 2) shall prevail.
- In the event of any discrepancy between these general terms and conditions and the approved quotation and explanatory notes thereto, in which these general terms and conditions have been declared applicable, the provisions of the approved quotation and explanatory notes thereto shall prevail.
Article 3: Quotation and formation of the Agreement
- Atlantis Digital B.V. will prepare an offer by e-mail in which it indicates what it understands by the assignment. If a service extends to the development of Works, a general description of the Works that will be worked out in the course of implementation will suffice. The quotation is without obligation and does not bind the Client to anything.
- The quotation shall remain valid for a period of thirty days from its dispatch, unless a different period of validity is expressly stipulated in or in connection with it by the parties in writing.
- The quotation is based on the information provided for that purpose by the Client, in respect of which Atlantis Digital B.V. may rely on its accuracy and completeness.
- The Agreement comes into effect when the quotation is accepted by the Client. As long as the offer has not been approved, Atlantis Digital B.V. reserves the right to deploy its (staff) capacity elsewhere. The quotation and explanatory notes thereto are based on the information provided by the Client to Atlantis Digital B.V.. The approved offer, explanatory notes thereto and the General Terms and Conditions are deemed to represent the Agreement accurately and completely.
- The Agreement is entered into for an indefinite period, unless the parties have expressly agreed otherwise in writing or it follows from the content, nature or tenor of the assignment that the Agreement has been entered into for a definite period.
- Price indications in quotations can undergo changes due to unforeseen changes in the work. Atlantis Digital B.V. will inform the client accordingly as soon as possible.
Article 4: Required information
- The client is obliged to provide Atlantis Digital B.V. promptly with all the data and/or information and to grant all the cooperation which Atlantis Digital B.V. believes it needs for the proper execution of the assignment or which the client should know is necessary for the proper execution of the assignment. The data and/or information must be provided in the form and in the manner requested by Atlantis Digital B.V.. If the client provides Atlantis Digital B.V. with Works, materials or data on a data carrier, these files will comply with the specifications prescribed by Atlantis Digital B.V..
- Unless the nature of the Assignment dictates otherwise, the Client is responsible for the accuracy, completeness and reliability of the data and documents made available to Atlantis Digital B.V., even if they originate through or from third parties.
- If the execution of the Assignment is delayed because the Client fails to comply with its obligation under Article 4.1, or because the information provided by the Client does not satisfy the provisions of Article 4.2, Atlantis Digital B.V. has the right. has the right to suspend the performance of the Agreement in whole or in part, and the resulting (additional) costs will be borne by the Client and Atlantis Digital B.V. will be entitled to charge the Client an (additional) fee for the (extra) work that has become necessary as a result, without prejudice to Atlantis Digital B.V.’s right to exercise any other legal right.
- The extra costs and extra fees arising from the delay in the execution of the Assignment because the client has not, not promptly or not properly made available the requested data, documents, facilities and/or personnel shall be borne by the client.
- Atlantis Digital B.V. is obliged to return to the client, at its request, the items made available by the client in which or on which the information provided by the client to Atlantis Digital B.V. is recorded – including documents and magnetic or electronic data carriers – as soon as the Assignment for which the information was provided has been performed or the Agreement has been terminated, but not before the client has paid all amounts due to Atlantis Digital B.V. in connection with the performance of the Assignment or the termination of the Agreement. If and insofar as the parties have not expressly agreed otherwise in writing, such items shall be returned at the expense and risk of the Client.
Article 5: Execution, change of assignment and delivery time
- Atlantis Digital B.V. is free to determine which of its staff and partners will be engaged in the execution of the order. Atlantis Digital B.V. has the right to have certain work performed by third parties. The applicability of sections 7:404, 7:407 subsection 2 and 7:409 of the Dutch Civil Code is expressly excluded.
- The parties are authorised to amend the assignment in the interim, but only if both parties expressly agree to this amendment in writing. Atlantis Digital B.V. is authorized, in the event of a proposed or agreed change to the assignment, to unilaterally change the price and deadline for the performance of the assignment.
- Atlantis Digital B.V. is entitled to deliver the order in different phases and thereby to suspend the execution of a successive phase until the client has approved the completed phase in writing. An agreed delivery date is not a deadline for Atlantis Digital B.V..
- Atlantis Digital B.V. has only a best-efforts obligation with regard to meeting this deadline.
- The Agreement cannot – unless it is clear that performance is permanently impossible – be rescinded by the client on the grounds that the deadline has been exceeded, unless Atlantis Digital B.V. also fails to perform the Agreement, or fails to perform it in full, within a reasonable period, of which it has been notified in writing after the expiry of the agreed delivery period. Dissolution will then be permitted in accordance with Article 265 of Book 6 of the Dutch Civil Code.
Article 6: Assumption of contract
- The Client is not allowed to assign (any obligation under) the Agreement to third parties, unless Atlantis Digital B.V. expressly agrees to it. Atlantis Digital B.V. is entitled to attach conditions to this consent. The client undertakes in any case to impose all the relevant (payment) obligations under the Agreement on third parties in these general terms and conditions. The Client shall at all times remain liable alongside such third party/parties for the obligations under the Agreement and the General Terms and Conditions, unless the parties explicitly agree otherwise.
- If a contract is taken over, the client indemnifies Atlantis Digital B.V. against all claims of third parties that may arise as a result of the client’s non-performance or incorrect performance of any obligation arising from the Agreement and/or these General Terms and Conditions, unless any mandatory (inter)national law or regulation does not permit such a provision.
Article 7: Confidential information
- The Client undertakes to keep confidential all data and information received (’the information’) from Atlantis Digital B.V., before and after entering into the Agreement, if this information is confidential or if the Client should reasonably suspect that the information should be considered confidential.
- In any event, Client has a duty of confidentiality with respect to the contents of the Agreement.
- “Confidential Information” shall mean all information, in whatever form (oral, written, graphic, electronic, et cetera), that is exchanged between the Client and Atlantis Digital B.V. in any way between the parties under the Agreement. The parties shall mark information as Confidential, unless it is explicitly provided that they have marked the information as not confidential.Unless any statutory provision, regulation or other (professional) rule obliges it to do so, the Client / the employee(s) engaged by the Client shall be obliged to maintain confidentiality vis-à-vis third parties with regard to Confidential Information obtained from Atlantis Digital B.V.. Atlantis Digital B.V. may grant an exemption in this respect.
Article 8: Protection of personal data
- If the client provides Atlantis Digital B.V. with personal data, the client gives its consent that such personal data may be processed by Atlantis Digital B.V. for the purposes of the execution of the order, in accordance with the General Data Protection Regulation.
- The client indemnifies Atlantis Digital B.V. against all claims of third parties relating to the processing of personal data provided by or on behalf of the client.
Article 9: Intellectual property rights
- Atlantis Digital B.V. reserves the rights and powers vested in it under the Copyright Act and other intellectual property laws and regulations.
- Atlantis Digital B.V. has the right to use the knowledge acquired by the execution of an agreement for other purposes.
- The custom work supplied by Atlantis Digital B.V. remains the copyright property of Atlantis Digital B.V. and may not, without express written permission, be adapted by parties other than Atlantis Digital B.V. and/or its partners.
- If the software supplied by Atlantis Digital B.V. contains software from third parties, the copyright and intellectual property remain with the author and/or licensees of the software supplied. Without the express written permission of these parties, it is not allowed to modify or resell this software, unless the license allows this.
Article 10: Fee
- The fee for the work to be performed under the Agreement and/or the delivery of services and products will be calculated on the basis of the time spent on that work, expressed in hours, multiplied by the hourly rate applied by Atlantis Digital B.V., or on the basis of what has been agreed between the parties in writing. The fee is stated in the order confirmation and is exclusive of turnover tax and other levies which are or may be imposed by the government.
- Unless the parties have expressly agreed otherwise in writing, expenses incurred in the context of the assignment, including travel and accommodation expenses, as well as the costs of third parties engaged in the performance of the assignment, are not included in the fee and shall be charged separately. The chargeability of the fee does not depend on the results of the work performed under the engagement.
- The fee, where appropriate plus expenses and invoices from third parties engaged in the execution of the assignment, will, depending on the nature of the assignment and at the discretion of Atlantis Digital B.V., be charged to the client periodically, unless the parties have agreed otherwise in writing.
- If after the formation of the Agreement, but before the completion of the work commissioned, the nature and/or content of the work, or the location where the work is to be performed or otherwise, is changed, Atlantis Digital B.V. has the right to determine any new terms and conditions and hourly or daily rates, provided this does not take place within three months after the formation of the Agreement, which then, provided it has been confirmed in writing and signed, will be part of and one with the Assignment and the original order confirmation.
- If the Agreement is terminated prematurely, the client is obliged to pay in full the fees due up to the termination of the work, plus any expenses and invoices from third parties engaged in the performance of the assignment.
- Atlantis Digital B.V. has the right to adjust the fee every six months in line with changes in the CBS index figure for CAO wages, category business services, plus 4%, or otherwise if this is reasonable in the opinion of Atlantis Digital B.V..
Article 11: Payment and collection costs
- Payment must always be made within 30 days of the invoice date, in the manner specified by Atlantis Digital B.V. and in the currency in which the invoice was made, unless Atlantis Digital B.V. specifies otherwise in writing. Atlantis Digital B.V. is entitled to invoice periodically.
- If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The Client shall then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall be due.
- The interest is due from the moment the Client is in default until the moment of full payment. In the event of default, the Client shall also owe collection costs, calculated in accordance with the Extrajudicial Collection Costs Act (Wet normering buitengerechtelijke incassokosten) and the Compensation for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
- The client shall never be entitled to set off any amounts owed to Atlantis Digital B.V.. Objections to the amount of an invoice do not suspend the payment obligation.
Article 12: Liability
- If the client has discovered or reasonably should have discovered a possible ground for a valid claim against Atlantis Digital B.V., the client is obliged to notify Atlantis Digital B.V. in writing immediately and, if possible, with supporting documents, of the existence of the alleged claim against Atlantis Digital B.V., on pain of forfeiture of rights. Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to claim damages against Atlantis Digital B.V. expires after one year after the event from which the damage directly or indirectly arises and for which Atlantis Digital B.V. is liable.
- Atlantis Digital B.V. is not liable for damages of any kind arising because Atlantis Digital B.V. has relied on incorrect and/or incomplete information provided by or on behalf of the client.
- If Atlantis Digital B.V. should be liable for any damage whatsoever, then the liability of Atlantis Digital B.V. is limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.
- The liability of Atlantis Digital B.V. is in any event limited to the amount paid out by the insurer of Atlantis Digital B.V., plus the excess payable by Atlantis Digital B.V. under the applicable insurance terms and conditions.
- Atlantis Digital B.V. is exclusively liable for direct damage and is never liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation.
- The execution of the assignment given is exclusively for the benefit of the Client. Third parties cannot derive any rights therefrom.
Article 13: Complaints
- The client is obliged to notify Atlantis Digital B.V. in writing of any comments and/or remarks with respect to the work performed by Atlantis Digital B.V. and/or the invoice amount, at the latest within 14 days after the invoice date and/or within 14 days after interim and periodic reporting, or within 14 days after it has discovered what it wishes to complain about. In the latter case, the Client must demonstrate that it could not reasonably have discovered that which it wishes to complain about earlier.
- Complaints as referred to in the first paragraph will not suspend the Client’s payment obligation. The client is under no circumstances entitled, on the basis of a claim relating to a certain service, to postpone or refuse payment for other services provided by Atlantis Digital B.V. to which the claim does not relate.
- If the client has not filed a complaint within the term set in Article 13.1, all its rights and claims, on whatever grounds, with regard to that which it has complained about or could have complained about within that term, will expire.
Article 14: Retention of title
- All that Atlantis Digital B.V. has delivered under the terms of the order, excluding licensed software, remains the property of Atlantis Digital B.V. until the client has properly fulfilled all the obligations under the agreement(s) concluded with Atlantis Digital B.V.
- Any items delivered by Atlantis Digital B.V. that come under the retention of title pursuant to Article 14.1 may not be resold and may never be used as a means of payment. The Client is not authorised to pledge or encumber in any other way anything subject to retention of title.
- The client must always do everything that can reasonably be expected of it to safeguard the property rights of Atlantis Digital B.V.. If third parties seize goods delivered under retention of title or wish to establish or enforce rights thereon, the Client is obliged to inform Atlantis Digital B.V. accordingly immediately.
- In the event that Atlantis Digital B.V. wishes to exercise its proprietary rights under this Article, the Client hereby unconditionally and irrevocably authorises Atlantis Digital B.V. and third parties to be designated by Atlantis Digital B.V. to enter those places where the property of Atlantis Digital B.V. is located and to repossess it.
Article 15: Customised websites and webshops
- The quality of customised websites and webshops created by Atlantis Digital B.V. can only be guaranteed if they are hosted and maintained on the servers of Atlantis Digital B.V..
- Atlantis Digital B.V. is entitled to use frameworks and/or other auxiliary materials such as plugins developed by third parties for the development of a website and/or webshop.
Article 16: Standard WordPress websites and webshops
- The quality of standard WordPress websites and webshops created by Atlantis Digital B.V. can only be guaranteed if they are hosted and maintained on the servers of Atlantis Digital B.V..
- Atlantis Digital B.V. is entitled to use frameworks and/or other auxiliary materials such as themes and plugins developed by third parties for the development of a website and/or webshop.
- Standard WordPress websites and webshops are realised on the basis of an already existing theme that Atlantis Digital B.V. purchases and/or uses from its own theme portfolio.
Article 17: Termination of the Agreement
- Each of the parties is entitled to terminate the Agreement at any time by giving notice at the end of a calendar month, with due observance of a term that is reasonable under the circumstances, unless the parties agree otherwise. Notice of termination must be given in writing by registered letter.
- If the Agreement is terminated by one of the parties, it is obliged to inform the other party in writing of the reasons for termination and furthermore to do everything reasonably required by the other party’s apparent interest in connection with the termination of the Agreement.
- Notwithstanding the provisions of Article 17. 1, either party shall be entitled to terminate the Agreement with immediate effect by written notice if it can be reasonably expected that the Assignment, without there being an attributable failure of the parties to fulfill its obligations, cannot or will no longer be performed as agreed by the parties, This includes the situation in which one of the parties is in suspension of payments or bankruptcy, or if one of the parties is otherwise unable to meet its payment obligations, or if the business of one of the parties is liquidated, discontinued or terminated other than for the purpose of reconstruction or amalgamation of companies. Atlantis Digital B.V. shall never be obliged to refund monies already received or to pay damages because of such termination. If the Client goes bankrupt, the right to use software, equipment or other materials made available to the Client shall expire by operation of law.
Article 18: Continuing Effect
The provisions of this Agreement, which are explicitly or implicitly intended to remain in effect after termination of this Agreement, will remain in effect thereafter and continue to bind both parties.
Article 19: Recruitment or Recruiting Mutual Personnel
Each of the parties is not authorized, without prior consent of the other party, during the execution of the Assignment or within one year after its completion, to hire employees of the other party or to conduct negotiations with those employees for that purpose.
Article 20: Applicable law and disputes
- Dutch law applies to all legal relationships to which Atlantis Digital B.V. is a party.
- The court in the place of business of Atlantis Digital B.V. has jurisdiction to hear disputes. Nevertheless, Atlantis Digital B.V. has the right to submit disputes to the competent court in the domicile of the Client.
Article 21: Location and amendment of General Terms and Conditions
- These terms and conditions can be obtained in writing and digitally from Atlantis Digital B.V..
- Atlantis Digital B.V. is entitled to amend these General Terms and Conditions. The amended terms and conditions shall be deemed to have been accepted if the Client has not objected to the amended terms and conditions within 14 days after the amended terms and conditions have been sent to it or have become known to it.
Section 2: Website Hosting
This section relates to all Agreements concluded between the Client and Atlantis Digital B.V. with respect to Website Hosting and contains additional specific provisions.
Article 22: Availability and support
- Atlantis Digital B.V. will make every effort to achieve good quality and uninterrupted availability of its Website Hosting Services so that the Client can access the data stored by the Client.
- However, given the nature of the service Atlantis Digital B.V. cannot offer any guarantees concerning the quality and availability of the Website hosting services, unless this is separately agreed in a Service Level Agreement (SLA) designated as such.
- Atlantis Digital B.V. has the right to temporarily suspend the Website Hosting Service or parts of it for the purposes of maintenance, modification or improvement. Atlantis Digital B.V. will try to arrange such taking out of service as far as possible outside office hours, and will endeavour to keep the duration of such taking out of service to a minimum. Atlantis Digital B.V. will inform the Client in good time about the planned shutdown, unless it concerns emergency maintenance.
- Atlantis Digital B.V. shall make itself available for a reasonable level of remote customer support by telephone and e-mail from Monday to Friday from 9:00 a.m. to 5:00 p.m., excluding holidays.
- If and insofar as the proper performance of the Agreement so requires, Atlantis Digital B.V. has the right to have certain work performed by third parties. Any related unexpected additional costs will be borne by the client only if this has been agreed in advance.
- Atlantis Digital B.V. will make every effort to secure its Website hosting services by hardware and software against misuse and unauthorised access to the Client’s data.
Article 23: Customer’s obligations
- The Client is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable the timely and correct execution of the Agreement. In particular, the client shall ensure that Atlantis Digital B.V. is provided in good time with all information that Atlantis Digital B.V. has indicated is necessary or that the client should reasonably understand is necessary for the performance of the hosting services. The period within which Atlantis Digital B.V. is to perform the Agreement shall not start until all requested and necessary information has been received by Atlantis Digital B.V..
- If the Client knows or may suspect that Atlantis Digital B.V. will have to take certain (additional) measures in order to perform its obligations, the Client shall inform Atlantis Digital B.V. accordingly without delay. This obligation applies, for example, if the Client knows or should foresee that there will be an extraordinary peak in the load on the systems of Atlantis Digital B.V., which could in all likelihood cause the services to be unavailable. This applies all the more if the Client is aware that services are also being provided to others through the same systems that Atlantis Digital B.V. uses to provide services to the Client. Atlantis Digital B.V. shall, after warning, make every effort to prevent non-availability of the Services. Unless otherwise expressly agreed in writing, all reasonable additional costs incurred in doing so may be charged to Client.
Article 24: Rules of use and notice/takedown
- If such is agreed, Atlantis Digital B.V. will provide Client with access to an account. The account will be accessible by means of a password and user name, which Client must keep strictly confidential. Every action that takes place through the account of the Client will be deemed to have taken place under the responsibility and at the risk of the Client. If the client suspects or should reasonably suspect or know that abuse of an account is taking place, the client must report this to Atlantis Digital B.V. as soon as possible.
- The Client is prohibited from using the Website Hosting Services of Atlantis Digital B.V. to violate Dutch or other laws or regulations applicable to the Client or Atlantis Digital B.V., or to infringe the rights of others.
- Offering or distributing material using the Website Hosting Services (whether legal or not) that:
- is unmistakably intended to aid others in infringing the rights of others, such as websites containing (exclusively or primarily) hacking tools or computer crime explanations that are apparently intended to enable the reader to commit (or cause the reader to commit) the described criminal conduct and not to be able to defend themselves against it;
- is manifestly libelous, defamatory, insulting, racist, discriminatory or hateful;
- contains child pornography or is manifestly intended to help others find such materials;
- constitutes a violation of the privacy of third parties, including, but not limited to, the dissemination of third parties’ personal data without consent or necessity or the repeated harassment of third parties with communications unwanted by them;
- contains hyperlinks, torrents or other references with (locations of) material that unmistakably infringes copyright, related rights or portrait rights;
- contains unsolicited commercial, charitable or idealistic communications;
contains malicious content such as viruses or spyware.
Client shall refrain from obstructing other clients or Internet users or causing damage to systems or networks of Atlantis Digital B.V. or other clients. The client is prohibited from starting up processes or programs, whether or not through the systems of Atlantis Digital B.V., which the client knows or can reasonably suspect will hinder or damage Atlantis Digital B.V., its clients or Internet users.
If in the opinion of Atlantis Digital B.V. there is a nuisance, damage or other danger to the functioning of the computer systems or the network of Atlantis Digital B.V. or third parties and/or of the services provided via the Internet, in particular through the excessive sending of e-mail or other data, denial of service attacks, poorly protected systems or activities of viruses, Trojans and similar software, Atlantis Digital B.V. will be entitled to take all measures that it reasonably considers necessary to avert or prevent this danger. Any costs reasonably necessary in connection with the measures referred to above will be borne by the client.
If Atlantis Digital B.V. receives a complaint about a breach of this Article by the Client, or discovers that there appears to be a breach, Atlantis Digital B.V. will inform the Client as soon as possible. Client will respond as soon as possible, after which Atlantis Digital B.V. will decide how to proceed.
If Atlantis Digital B.V. considers that there has been an infringement, it will block access to the material concerned, but without permanently removing it (unless this turns out to be technically impossible, in which case Atlantis Digital B.V. will make a backup). Atlantis Digital B.V. will endeavour not to touch any other material in the process. Atlantis Digital B.V. will inform the Client as soon as possible about the measures taken.
Atlantis Digital B.V. is at all times entitled to report any criminal offences discovered. Atlantis Digital B.V. is further entitled to hand over the name, address and other identifying information of the Client to a third party that complains that the Client is infringing its rights or these Terms and Conditions, provided that the accuracy of that complaint is sufficiently plausible in all reasonableness and the third party has a clear interest in handing over the information.
Although Atlantis Digital B.V. strives to act as reasonably, carefully and adequately as possible after complaints about the Client, Atlantis Digital B.V. is never obliged to compensate any damage resulting from actions as referred to in this Article.
The client indemnifies Atlantis Digital B.V.
Article 25: Duration and termination
- The Agreement with respect to the Website Hosting Services is entered into on the day the offer is agreed to, or on the day from which the agreement to the offer is evidenced.
- An Agreement regarding the Website Hosting Services (as referred to in this article) has, if not otherwise agreed, a term of one year.
- An Agreement, as referred to in this article, is tacitly renewed each time for periods of one year, unless the Client terminates the Agreement by giving Atlantis Digital B.V. written notice. The Client must observe a notice period of three (3) months.
- If the client fails to comply with the obligations incumbent on it under these General Terms and Conditions and described in the offer and/or order confirmation, Atlantis Digital B.V. will be entitled to suspend or terminate the existing Agreement between it and the client with immediate effect.
- If Atlantis Digital B.V. suspends the performance of its obligations, it will retain its claims under the law and the Agreement, including the claim to payment for the services that have been suspended.
- If the Agreement is terminated or dissolved, the claims of Atlantis Digital B.V. against the Client shall be immediately due and payable. In the event that the Agreement is terminated, amounts already invoiced for services rendered will remain payable, without any obligation to undo them. In the event of dissolution by the Client, the Client may only dissolve that part of the Agreement that has not yet been performed by Atlantis Digital B.V.. If the dissolution is imputable to the Client, Atlantis Digital B.V. will be entitled to compensation for any damage caused directly or indirectly as a result.
- The right to suspend applies to all Agreements concluded with the Client at the same time, even if the Client is only in default with respect to one Agreement, and without prejudice to Atlantis Digital B.V.’s right to compensation for damage, lost profits and interest.
- After termination of the Agreement for whatever reason, the Webiste hosting services can be terminated immediately by Atlantis Digital B.V., this includes the licenses on software. It is the responsibility of the Client whether or not to continue the licenses. The consequences of not continuing the licenses after termination of the Agreement shall be for the account and risk of the Client.
- The parties may amend or supplement the Agreement only with the consent of both parties and only if the amendments or additions are in writing and signed by both parties.
- After termination of the Agreement, either as a result of termination or dissolution, Atlantis Digital B.V. will provide Client with the data stored for Client of its own accord and then delete it from its systems.
Section 3: Domain registration
This section relates to all Agreements entered into between the Client and Atlantis Digital B.V. with respect to Domain Registration and contains additional specific provisions.
- If Domain Registration is purchased as a service, Atlantis Digital B.V. will mediate with the institution(s) in charge of issuing domain names.
- Domain names will be registered under the Client’s own name and held by Atlantis Digital B.V. for the Client.
- By giving the order, the Client agrees to the then current terms and conditions of the issuing body. These may include a permission to publish Client’s personal data.
- Atlantis Digital B.V. may enforce these terms and conditions against Client as if it were the issuing authority itself. The issuing authority may change its terms and conditions. It is the responsibility of Client to inform itself about this.
- Client is responsible for the choice of domain names. No refund will be made in case of errors by Client. Atlantis Digital B.V. will however try to correct a registration as long as this is still possible at the issuing authority free of charge.
- Atlantis Digital B.V. is not liable for the loss, revocation or cancellation of a domain name, except in cases of intentional or deliberate recklessness on the part of Atlantis Digital B.V..
- The client indemnifies and holds Atlantis Digital B.V. harmless against any loss or damage related to (the use of) a domain name on behalf of or by the client.
- Atlantis Digital B.V. has the right to make a domain name of the client inaccessible or unusable, or to place it (or have it placed) in its own name if the client is in breach of the Agreement, but only for as long as the client is in breach after it has been given a reasonable time to perform.