Terms and Conditions

Article 1. Definitions

1.1. Interactivated Ecommerce BV: Registered at the Chamber of Commerce / Crossroads Bank under File Number 58348646
1.2. Client: The natural or legal person who has concluded an agreement with Interactivated Ecommerce BV
1.3. 'General Terms' refers to the whole of the provisions as set out below.
1.4. Netiquette: The commonly accepted Internet rules as set out in RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and its future versions. 
  
  

Article 2. Applicability and Implementation

2.1. All terms, agreements, and deliveries of Interactivated Ecommerce BV are subject to these Terms and Conditions unless specifically agreed otherwise in writing.
2.2. If the Client, in his or her assignment, accepts provisions or conditions that differ or are not contained in these Terms, they are binding for Interactivated Ecommerce BV only if Interactivated Ecommerce B.V. has explicitly accepted them.
2.3. Interactivated Ecommerce BV is entitled to enable third parties to carry out obligations arising from its agreements.  
  
  

Article 3. Interactivated Ecommerce BV Obligations

3.1. Interactivated Ecommerce BV guarantees that every assignment is executed with due care and professionalism.
3.2. Interactivated Ecommerce BV is committed to securing the information that the Client saves on the equipment of Interactivated Ecommerce BV to ensure that this information is not available to unauthorized persons. The client can determine the required availability of the stored data by setting access rights.
3.3. Interactivated Ecommerce BV inquiries about the nature and expected duration of the interruption in case of unavailability of the service, due to malfunctions, maintenance or other causes. 
  
  

Article 4. Client Obligations

4.1. The Client will immediately inform Interactivated Ecommerce BV of any changes in name, address, email and, if requested, his/her bank or giro number, and will do so in writing.
4.2. The Client understands that the storage and/or distribution of materials of erotic, mp3, warez, racist or discriminatory nature is prohibited by the law. In addition, Interactivated Ecommerce BV does not allow sending unsolicited e-mails (SPAM).
4.3. The Client reserves the right to prevent other clients or Internet users from compromising the servers. The Client is prohibited from initiating processes or programs through the server or otherwise, which the Client knows or can reasonably suspect would interfere with or cause damage to Interactivated Ecommerce BV, other Clients, or Internet users. Interactivated Ecommerce BV will notify the Client of such measures.
4.4. The Client indemnifies Interactivated Ecommerce BV from all legal claims relating to the Client's stored data, information, website(s) and the like.
4.5. Client will adhere to the Netiquette.
4.6. Without the consent of Interactivated Ecommerce BV, the Client is prohibited from transmitting the username(s) or password(s) provided by Interactivated Ecommerce BV to third parties.
4.7. In addition to the legal obligations, damage arising from ignorance or failure to act in accordance with the above points is accepted by the Client.
4.8. The Client must provide sufficient material and cooperation to Interactivated Ecommerce BV to enable it to perform the assignment(s) properly.
4.9. The material supplied by the Client to Interactivated Ecommerce BV consists of text, graphics, audio and/or video, which is readily available and in a common file format unless Interactivated Ecommerce BV and the Client agreed otherwise in writing.
4.10. Client declares that all material provided to Interactivated Ecommerce BV is free from third party rights or that the Client has permission from the proprietor to disclose the material and allow Interactivated Ecommerce BV to use it during the execution of the assignment. 
  
  

Article 5. Offers

5.1. All quotations are without obligation unless specifically stated otherwise.
5.2. If it appears that the information provided by the Client in the application or agreement was incorrect, Interactivated Ecommerce BV has the right to adjust the prices accordingly.
5.3. Quotations of Interactivated Ecommerce BV are valid for the deadline stated in the quotation.
If no time limit was specified, the offer will remain valid for 30 days after the date of submission. 
  
  

Article 6. Prices

6.1. All prices are exclusive of taxes (VAT) and other charges imposed by the government.
6.2. All prices on the website, quotes and other documents of Interactivated Ecommerce BV are subject to typos. No liability is accepted for the consequences of typo errors. 
  
  

Article 7. Delivery time

7.1. The delivery period begins on the date the order is received by Interactivated Ecommerce BV.
7.2. Interactivated Ecommerce BV’s specified deadline for completion of the work is indicative unless otherwise agreed in writing.
7.3. Exceeding agreed delivery times shall not entitle the Client to compensation unless otherwise agreed in writing. 
  
  

Article 8. Assignment Changes

8.1. All changes to the assignment, either on behalf of the Client or as part of a necessary change are considered additional work, and they are billed to the Client in accordance with the terms and conditions.
8.2. If Interactivated Ecommerce BV, due to circumstances at the time of the tender or the confirmation of the contract, has to do more work than agreed or to perform work more difficult than it was known at the time of entering the contract, Interactivated Ecommerce BV is entitled to charge the Client the resulting additional costs. If the Client cannot or don’t want to pay the additional costs, he or she has the right to cancel the part of the assignment not yet completed. 
  
  

Article 9. Intellectual Property Rights

9.1. Without prejudice to the provisions of this Agreement, Supplier shall unconditionally authorize the Customer to amend and disclose the Website in any way or form.
9.2. Supplier carries on the copyright and all other intellectual property rights (including the database) of the Website and its components, as well as Documentation and accompanying working papers, with the exception of Software. Insofar as any further action is required for this transfer, Supplier agrees not to perform such action on first call. In addition, Supplier hereby authorizes the Client irrevocably to represent him/her in this transfer.
9.3. By and with this agreement, Supplier grants the Client an unlimited and perpetual use of the Software contained on the Website. This right of use includes the use of and the requisite duplications by the Client on all Equipment desired by him or her, in combination with any other Software.

9.4. Under the right of use mentioned in the previous paragraph:

•    Disclosure and reproduction by third parties in connection with the management of the Website for the benefit of the Client;

•    Create and check unlimited backup copies;


•    Making the Website public on the Internet with the Software contained therein;


•    Providing third parties permission to visit the Website, thereby implementing and reproducing the Software.

9.5. As far as possible, with this agreement Supplier hereby waives its rights to the Website pursuant to Article 25 Aw. Supplier will make the employees or third parties that have participated in the development of the Website transfer the rights to the Website pursuant to Article 25 Aw. 
  
  

Article 10. Software Development

10.1. The parties will specify in writing which Software will be developed and how this will be done. Interactivated Ecommerce BV will perform the development with care on the basis of the information to be provided by the Client for the accuracy, completeness and consistency of the Client.
10.2. Interactivated Ecommerce BV is entitled, but not obliged, to investigate the accuracy, completeness or consistency of the data or specifications provided to it and to suspend the agreed work upon identification of any inconvenience until the Client has removed the relevant obstacles.
10.3. Without prejudice to Article 9, the Client shall acquire the right to use the Software in his or her company or organization. If and to the extent that this has been expressly agreed in writing, the source code of the Software and the technical documentation generated in the development of the Software may be made available to the Client, who is entitled to make changes to it.
10.4. Interactivated Ecommerce BV has the right to use open source components. 
  
  

Article 11. Use Rights

11.1. Without prejudice to Article 9, Interactivated Ecommerce BV grants the Non-exclusive right to use the Software. Client will always comply strictly with the agreed usage restrictions. Subject to the provisions of these Terms and Conditions, the use of the Client shall be limited to the right to load and execute the Software.
11.2. The right of use is not transferable. The Client is not permitted to sell, rent, sublicense, alienate or impose limited rights on the Software and Carriers to which it is affiliated, or in any manner or for any purpose at any third party's disposal even if the third party is working for the client, unless otherwise agreed in writing.
11.3. The source code of the Software and the technical documentation generated during the development of the Software are not made available to the Client, unless otherwise agreed in writing. 
  
  

Article 12. Domain Names and IP Addresses

12.1. If it has been agreed that Interactivated Ecommerce BV for the Client will mediate in obtaining a domain name and/or IP addresses, it will also be governed by this article.
12.2. Application, grant and possible use of a domain name and/or IP addresses are subject to the applicable rules and procedures of the relevant registrations, including the Internet Domain Registration Foundation of the Netherlands. The relevant authority decides on the allocation of a domain name and/or IP addresses. Interactivated Ecommerce BV fulfills only a mediating role in the application and does not guarantee a successful application.
12.3. Client can only find out the fact of registration from the confirmation letter of Interactivated Ecommerce BV, stating that the requested domain name is registered. An invoice for registration fee is not a confirmation of registration.
12.4. Domain names are registered in the name of the Client and the Client is fully responsible for using the domain and the domain name. Client indemnifies Interactivated Ecommerce BV against any claim by third parties in connection with the use of the domain name, even if Interactivated Ecommerce BV has not provided mediation for the acquisition of the domain name. 
  
  

Article 13. Retention of Title

13.1. As long as the Client has not made a full payment for the entire agreed amount, Interactivated Ecommerce BV owns all delivered materials.
13.2. In the event that the Client fails to comply with any obligations of the agreement in respect of Interactivated Ecommerce BV, Interactivated Ecommerce BV is entitled to return the materials delivered without any notice of termination, in which case, without legal intervention, the agreement has been terminated without prejudice to the right of Interactivated Ecommerce BV compensation for damage, loss of profits and interest. 
  
  

Article 14. Payment Terms

14.1. Client must pay off the accounts for transfer by Interactivated Ecommerce BV. The right of use is not transferable. The Client is not permitted to sell, rent, sublicense, alienate or impose limited rights on the Software and Carriers. Payment of the accounts must be made in advance, no later than 14 days after the cancellation of the invoice, unless otherwise agreed in writing. After expiration of 30 days after the invoice date, Client will be in default in operation of law, by default.
14.2. All costs incurred by Interactivated Ecommerce BV from the agreement with the Client will be borne by the Client.
14.3. In the case of a non-timely payment, the Client, in addition to the amount due and interest accrued thereon, is held for a full payment of both extrajudicial and judicial collection costs, including costs for lawyers, doorkeepers and debt collection agencies.
14.4. The claim for payment is immediately due in case the Client is declared bankrupt, the Client’s assets are seized or liquidated, or if the Client dies.
14.5. In the above cases, Interactivated Ecommerce BV also has the right to terminate or suspend the agreement or the unenforceable part without notice or court intervention, all without prejudice to the right of Interactivated Ecommerce BV to compensate for any damage that may results from the termination.
14.6. In case of agile projects, payments must always be made within 14 days. If payments are not made on time, the project can be temporarily suspended until all payments have been received.
14.7. In case an agile project is temporarily stopped due to payment problems, the project will continue on receipt of these payments of weekly billing with a 7-day payment period. As long as the deadlines are not complied with, any work can only be completed based on the hours that has been purchased in advance. 
  
  

Article 15. Liability

15.1. Interactivated Ecommerce B.V cannot be held liable for any loss of digitally stored information. Interactivated Ecommerce B.V reserves the right of its Clients to expect that digitally stored information has been stored in a valid manner and recently prior to the agreed work takes place.
15.2. Interactivated Ecommerce BV is not liable for damage to hardware and Software that has been caused by the development of Software that is designed to cause damage such as computer viruses. Interactivated Ecommerce BV may run anti-virus Software to minimize damage to its systems and remove or isolate infected files if they consider it necessary.
15.3. Interactivated Ecommerce BV is not liable for direct or indirect damage due to but not exclusively, consequential loss, loss of profits, lost savings and damage due to business stagnation.
15.4. Interactivated Ecommerce BV is not liable for damage arising from the use of a third-party service.
15.5. The possible liability of Interactivated Ecommerce BV is in all cases limited to a total of the maximum invoice value of the part of the agreement from which that liability arises.
15.6. Client indemnifies Interactivated Ecommerce BV for all claims for damages that third parties may incur in respect of damage arising from the use of the products and/or services provided by Interactivated Ecommerce BV.
15.7. Interactivated Ecommerce BV is not responsible for damage to a third party service(s) that is not operated by Interactivated Ecommerce BV. 
  
  

Article 16. Vis Major

16.1. In case of Vis Major, including domestic riots, mobilization, war, transport barriers, strike, exclusion, business disturbances, stagnation in supply, fire, flooding, import and export barriers and in case Interactivated Ecommerce BV’s own suppliers, for whatever reason, are not made available for delivery which does not reasonably require compliance with Interactivated Ecommerce BV, the execution of the agreement will be suspended or the agreement will be terminated, all without any liability for damages. 
  
  

Article 17. Duration and Termination

17.1. The hosting service agreement is official for a minimum period of twelve months. Unless otherwise agreed in writing, the agreement in the absence of a written termination will always be tacitly extended with a period of one year.
17.2. All agreements for (web) applications or other services are official for the duration of the project, unless otherwise agreed.
17.3. The service agreement can only be terminated in writing, and is subject to a notice period of 1 month.
17.4. If the Client fails to comply with any obligation under the agreement or under these terms, Interactivated Ecommerce BV has the right to cancel all agreements with Client without injunction or judicial intervention, and without prejudice to the right of Interactivated Ecommerce BV on compensation for damage, loss of profits and interest. 
  
  

Article 18. Confidentiality

18.1. The parties undertake confidentiality regarding all confidential information they receive from the other party's business. The parties also impose this obligation on their employees and on third parties engaged by them to implement the agreement between the parties.
18.2. Any information is confidential if it was designated as such by one of the parties. 
  
  

Article 19. Personnel and Subcontractors

19.1. Client will provide employees and subcontractors of Interactivated Ecommerce BV who provide the necessary support for the performance of their duties for the provision of products and/or services at the offices of, or remotely commissioned by the Client.
19.2. The Client is not allowed to employ, for as long as the relationship between Client and Interactivated Ecommerce BV, as well as two years after the expiration thereof, employees or subcontractors of Interactivated Ecommerce BV or otherwise, directly or indirectly, to work for themselves, without prior written consent of Interactivated Ecommerce BV. Employees of Interactivated Ecommerce BV are understood to mean persons employed by Interactivated Ecommerce BV or one of the companies associated with Interactivated Ecommerce BV, or were employed by Interactivated Ecommerce BV or one of its affiliates within the prior six months. In case of violation of this clause, the fine is set at a thousand euros per day as long as the work continues. 
  
  

Article 20. Amendments AV

20.1. Interactivated Ecommerce BV has the right to change these terms and conditions. A change will not take effect earlier than 14 (fourteen) days after notification to the Client. Client may terminate the agreement from the date on which the change takes effect.
20.2. After above date, the Client is deemed to have accepted the changes, implicitly.
20.3. Changes also apply to agreements already concluded. 
  
  

Article 21. Advertising

21.1. In the absence of obligations of Interactivated Ecommerce BV, the Client must notify the Customer, no later than 30 days after the date of observation. If he or she fails to do so, any claim with respect to Interactivated Ecommerce BV expires.
21.2. If Interactivated Ecommerce BV considers the advertisement to be sound, the relevant products or services will be replaced or reimbursed after consultation with the Client.
21.3. The maximum fee is equal to the price paid by the Client for the product or service.
21.4. Advertising does not suspend obligations of the Client. 
  
  

Article 22. Final Provisions

22.1. The agreement is governed by Dutch law.
22.2. Changes in management or legal form do not affect the agreement.
22.3. To the extent that the rules of compulsory law do not specify otherwise, all disputes that may arise as a result of the agreement will be submitted to the competent Dutch court.
22.4. Partial nullity:
If a provision from the agreement and/or the General Terms and Conditions appears to be void, it does not affect the validity of the entire agreement and Terms and Conditions.

The parties will replace (a) new provision(s), which respect the intention(s) of the original agreement and Terms and Conditions. 
  
  

Contact details

Should you have any complaints or comments about these Terms and Conditions after reading them, please feel free to contact us in writing or by e-mail
  
  

Contact Us
Get in touch with a specialist
Interactivated Ecommerce Britain:           

P.O. Box 3175,
Road Town, Tortola,
British Virgin Islands

Chamber of Commerce: 1772296
Interactivated Ecommerce Netherlands:           
 
Herestraat 106
9711 LM, Groningen
Netherlands
 
+31(0)50 711 9940
 

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