Terms and conditions of Domein Direct

Article 1. Definitions

In these terms and conditions, the following definitions apply:

• Domein-Direct: the supplier;
• Principal / customer: the other party contracting with Domein-Direct;
• Account: the customer name with which the customer gains access to the system of Domein Direct;
• Data traffic: traffic of digital information to and from the services a customer has taken out with Domein Direct;
• Domain name: the address at which a customer’s website can be found on the internet;
• Email address: an address code registered in the customer’s name for exchanging electronic messages via the internet;
• Agreement: the agreement between Domein Direct and a customer under which Domein Direct performs services;
• Website: one or more integrated internet pages;
• Digital signature: declaration of acceptance of the Terms and Conditions when requesting services or products of Domein-Direct.

Article 2. Applicability of these terms and conditions

These terms and conditions apply to every offer and every agreement between Domein-Direct and a principal to which Domein-Direct has declared these terms applicable, insofar as the parties have not expressly deviated from them in writing.

These terms and conditions also apply to all agreements with Domein-Direct for the performance of which third parties are involved.

Article 3. Prices

Prices are exclusive of VAT, unless stated otherwise. Delivery times are indicative and, if exceeded, do not entitle the principal to dissolution of the agreement or compensation.

Domein Direct is entitled to change the level of fees and other charges. Price changes are announced on the website no later than two months before they take effect. Offers do not automatically apply to repeat orders.

Article 4. Performance of the agreement

Domein-Direct will perform the agreement to the best of its insight and ability, in accordance with the requirements of good workmanship and the state of the art.

If proper performance so requires, Domein-Direct has the right to have certain work carried out by third parties.

The principal shall ensure that all necessary information is provided to Domein-Direct in good time. Domein-Direct is not liable for damage arising from reliance on incorrect or incomplete information provided by the principal.

The principal indemnifies Domein-Direct against claims by third parties related to the performance of the agreement and attributable to the principal.

Article 5. Contract duration and performance period

The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.

If Domein-Direct requires information from the principal, the delivery period commences after this information has been received.

Domain names registered at a promotional rate cannot be transferred away during the first year. If a domain name is nevertheless transferred within the first year, Domein-Direct reserves the right to charge the previously granted discount after all.

Transferring a domain name is possible 30 to 60 days after the registration date and up to 1 month before the expiry date. Outside that period, no transfer codes are provided.

Transferring a domain name is equivalent to immediate cancellation. Linked services will then no longer be accessible. Anonymous domain names must first be put in the holder’s name before they can be transferred. After this change, no transfer is possible for 60 days. Domain names with malware, virus, spam or abuse reports cannot be transferred during the term.

Article 6. Amendment of the agreement

If during performance it appears that amendment or addition is necessary, the parties will adjust the agreement in good time and in mutual consultation.

A subscription can be changed to a more expensive subscription type at any time. A subscription fee already paid will be offset against the price of the new subscription. Changes to lower-priced subscriptions can be made without any refund.

Article 7. Confidentiality

Both parties are obliged to keep confidential all confidential information they have obtained from each other or from another source in the context of the agreement.

If Domein-Direct is required to disclose confidential information under legislation or a court ruling, Domein-Direct is not liable for damages or compensation.

Article 8. Intellectual property

Domein-Direct reserves all rights and powers to which it is entitled under the Dutch Copyright Act (Auteurswet).

All documents, advice, designs, sketches, drawings and reports provided by Domein-Direct are intended exclusively for use by the principal and may not be reproduced, made public or provided to third parties without prior written consent.

All intellectual property rights arising from the assignment belong to Domein-Direct, unless otherwise agreed in writing.

Article 9. Termination of a maintenance agreement

If a maintenance agreement has been concluded, both parties may terminate it in writing with a notice period of at least 30 days, or until the moment an invoice for the service has been received.

Article 10. Suspension and dissolution

Domein-Direct is entitled to suspend its obligations or to dissolve the agreement if the principal fails to fulfil its obligations under the agreement, in whole or in part.

The content of websites must comply with Dutch legislation. Hacking activities, intrusion into servers and sending large quantities of unsolicited email are not permitted.

In the event of non-fulfilment of payment obligations, domain names may be placed in quarantine and hosting may be suspended. Costs for reactivation, retrieval from quarantine or restoring backups are borne by the customer.

Article 11. Defects and complaint periods

Complaints about work performed must be reported to Domein-Direct in writing within 8 days of discovery, and no later than 14 days after completion of the work concerned.

If delivered products have been modified or altered by parties other than Domein-Direct, complaints will not be declared well-founded.

Article 12. Fee

If no fixed fee has been agreed, the fee is determined on the basis of hours actually spent, in accordance with the usual hourly rates of Domein-Direct.

For assignments with a duration of more than 3 months, the costs due may be invoiced periodically.

All prices are exclusive of VAT and any other levies, unless stated otherwise.

Article 13. Payment

Subscriptions to services of Domein Direct must be paid twelve months in advance. Amounts paid in advance are not refunded, unless expressly stated otherwise.

Payment is made via online payment or bank transfer. In the event of late payment, the customer is in default by operation of law.

Article 14. Collection costs

Domein Direct reserves the right to transfer claims to a third party. Reasonable extrajudicial costs are borne by the customer. These costs amount to 15% of the amount to be claimed, with a minimum of €50.00, unless the actual costs are higher.

Article 15. Liability

The liability of Domein-Direct is limited to the amount paid out by its liability insurance. If no payout takes place, liability is limited to twice the invoice value of the part of the assignment to which the liability relates.

Domein-Direct is never liable for consequential damage. These limitations do not apply if the damage is due to intent or gross negligence on the part of Domein-Direct or its subordinates.

Article 16. Indemnifications

The principal indemnifies Domein-Direct against claims by third parties relating to intellectual property rights in materials or data provided by the principal.

If the principal provides files, software or data carriers, the principal guarantees that these are free of viruses and defects.

Article 17. Force majeure

Force majeure means: all external causes over which Domein-Direct has no influence, but as a result of which Domein-Direct is unable to fulfil its obligations.

During force majeure, the obligations of Domein-Direct are suspended. If force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without any obligation to pay compensation.

Article 18. Dispute resolution

The court in the place of residence of Domein-Direct has exclusive jurisdiction to hear disputes, unless the subdistrict court (kantonrechter) has jurisdiction. The parties will first attempt to resolve a dispute by mutual consultation.

Article 19. Applicable law

Every agreement between Domein-Direct and the principal is governed by Dutch law.

Article 20. Amendment and location of the terms and conditions

The most recently dated version always applies, or the version that applied at the time the agreement was concluded. The latest version of the terms and conditions can always be found on the website of Domein Direct.

Article 21. Technical clarification

Data traffic is in principle unlimited, but must be reasonable and may not disrupt the traffic of other customers. This falls under the Fair Use Policy.

Domein Direct reserves the right to determine whether traffic is excessive. In the event of excessive use, an account may be restricted or terminated without any refund of subscription fees paid in advance.

Domein Direct arranges, on the customer’s instruction and against payment, the registration of domain names with SIDN or other registries. Domain names are registered in the customer’s name. Domein-Direct acts as an intermediary in this respect.

The choice and use of a domain name are at the customer’s expense and risk. For incorrectly ordered domain names, such as spelling errors or name errors, the registration fee is not refunded.

Customers are obliged to provide current, complete and correct contact details and to report changes in good time via their online customer area.

Without prior consent, it is not permitted to store large quantities of data on the server that may be downloaded or retrieved free of charge. The hosting is intended as presentation and sales space for businesses and private individuals, not as an external storage location.

Illegal, erotic, pornographic or other offensive material is not permitted on the servers of Domein Direct. Domein Direct determines whether material falls under these categories and reserves the right to remove such material without prior notice.