Terms and Conditions

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. 
  
  

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.  
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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. 
  
  

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

 

Appendix 1. processor agreement

If Interactivated ecommerce bv processes personal data for the benefit of the client in the performance of the agreement, the following conditions shall apply in addition to the General Terms and Conditions.

Article 1. General

1.1. The terms defined in this Annex in the General Data Protection Regulation (hereinafter: "AVG") have the meaning assigned to them in the GDPR.
1.2. When processing personal data, the client can be designated as the controller, or if the client processes the personal data for the benefit of a third party as a processor. Interactivated ecommerce bv fulfills (depending on the capacity in which the client processes personal data) the role of processor or subprocessor.

Article 2. Purposes of the processing

2.1. Interactivated ecommerce bv undertakes to process personal data under the terms of the agreement on behalf of the client. The processing will only take place in the context of the execution of the agreement, plus those purposes that are reasonably related thereto or that are determined with further consent.
2.2. Interactivated ecommerce bv will not process the personal data for any other purpose than as established by the client. the client shall inform Interactivated ecommerce bv of the processing objectives insofar as these have not already been mentioned in this Appendix. The addendum to this Appendix sets out which categories of data subjects and personal data are concerned.
2.3. Interactivated ecommerce bv has no control over the purpose and the means for the processing of personal data. Interactivated ecommerce bv makes no decisions about the receipt and use of the personal data, the provision to third parties and the duration of the storage of personal data.

Article 3. Obligations Interactivated ecommerce bv

3.1. With regard to the processing operations referred to in Article 2, Interactivated ecommerce bv will ensure compliance with the conditions that, on the basis of the GDPR, are set for the processing of personal data.
3.2. Interactivated ecommerce bv will process personal data and other data that will be delivered to Interactivated ecommerce bv by or on behalf of the client.
3.3. Interactivated ecommerce bv shall inform the client, at the latter's request and within a reasonable period of time, about the measures it has taken with regard to its obligations under this Annex.
3.4. The obligations of Interactivated ecommerce bv arising from this Appendix also apply to those who process personal data under the authority of Interactivated ecommerce bv.
3.5. Interactivated ecommerce bv will inform the client if in his opinion an instruction from the client is in conflict with relevant privacy laws and regulations.
3.6. Interactivated ecommerce bv will provide the client with the necessary cooperation if a data protection impact assessment, or prior consultation of the supervisory authority, is necessary in the context of the processing.


Article 4. Transfer of personal data

4.1. Interactivated ecommerce bv may process the personal data in countries within and outside the European Union, with due observance of the relevant legislation and regulations.
4.2. Interactivated ecommerce bv shall inform the client, at his request, to which country or countries it concerns. Article 3. Obligations Interactivated ecommerce bv

Article 5. Distribution of responsibility

5.1. Parties will ensure compliance with applicable privacy laws and regulations.
5.2. Interactivated ecommerce bv is solely responsible for the processing of personal data under this Annex, in accordance with the instructions of the client and under the explicit (final) responsibility of the client. For all other processing of personal data, including in any case included but not limited to the collection of the personal data by the client, processing for purposes not reported by the client to Interactivated ecommerce bv, processing by third parties and / or for other purposes, Interactivated ecommerce bv not responsible. The responsibility for these processing operations rests exclusively with the client.
5.3. The Client guarantees that the content, the use and the instructions for the processing of personal data, as referred to in this Annex, are not unlawful and do not infringe any right of third parties.

Article 6. Engaging third parties or subcontractors

6.1. The client hereby grants Interactivated ecommerce bv permission to engage third parties (sub-processors) during the processing.
6.2. At the request of the client, Interactivated ecommerce bv will inform the client as soon as possible about the subprocesses it has engaged. client has the right to object to the use of a subprocessor. This objection must be submitted by e-mail, within two weeks and supported by arguments.
6.3. Interactivated ecommerce bv unconditionally ensures that these third parties take on the same obligations in writing as agreed between the client and Interactivated ecommerce bv. Interactivated ecommerce bv guarantees correct compliance with these obligations by these third parties.

 

Article 7. Security

7.1. Interactivated ecommerce bv will endeavor to take appropriate technical and organizational measures with regard to the processing of personal data, against loss or against any form of unlawful processing (such as unauthorized inspection, violation, alteration or provision of personal data).
7.2. Interactivated ecommerce bv does not guarantee that the security is effective under all circumstances. Interactivated ecommerce bv will endeavor to ensure that security meets a level that is not unreasonable, given the state of the art, the sensitivity of the personal data and the costs involved in securing security.
7.3. The Client will only make personal data available for processing to Interactivated Ecommerce bv, if the Client has ensured that the required security measures have been taken. the client is responsible for compliance with the measures agreed by the Parties.

Article 8. Reporting obligation

8.1. In the case of a security breach and / or a data breach (which is understood to mean: a breach of security that inadvertently or unlawfully resulted in the destruction, loss, modification or unauthorized disclosure of or unauthorized access to the transmitted, stored or otherwise generated data), Interactivated ecommerce bv will make every effort to inform the client about this as soon as possible as a result of which the client assesses whether it will inform the supervisory authorities and / or data subjects or not. Interactivated ecommerce bv makes every effort to make the information provided complete, correct and accurate.
8.2. If this is required by law and / or regulation, Interactivated ecommerce bv will cooperate in informing the relevant authorities and any interested parties. client is responsible for reporting to the relevant authorities.
8.3. The duty to report in any case includes reporting the fact that there has been a leak, as well as:
What is the (alleged) cause of the leak;
a) What is the (as yet known and / or expected) consequence;
b) What is the (proposed) solution;
c) What the measures already taken are;
d) Contact details for the follow-up of the report;
e) Who is informed (such as the person concerned, the client, the supervisor).

 

Article 9. Handling requests from data subjects

9.1. In the event that a data subject sends a request about his personal data to Interactivated ecommerce bv, Interactivated ecommerce bv will forward the request to the client and inform the data subject of this. the client will then continue to process the request independently. If it appears that the client needs help from Interactivated ecommerce bv for the execution of a request from a person involved, Interactivated ecommerce bv will cooperate and Interactivated ecommerce bv can charge this immediately.

Article 10. Confidentiality and confidentiality

10.1. All personal data that Interactivated ecommerce bv receives from the client and / or collects itself within the framework of this Annex, is subject to a confidentiality obligation towards third parties. Interactivated ecommerce bv will not use this information for any purpose other than the purpose for which it was obtained, unless it has been formulated in such a way that it can not be traced back to data subjects.
10.2. This confidentiality obligation does not apply:

    Insofar as the client has given express permission to provide the information to third parties; or
    If the provision of the information to third parties is logically necessary for the execution of the Main Agreement or this Appendix; and
    If there is a legal obligation to provide the information to a third party.

 

Article 11. Audit

11.1. The Client has the right to have audits carried out by an independent ICT expert who is bound by confidentiality to check compliance with all the points in this Appendix.
11.2. This audit only takes place after the client has requested, assessed and presented reasonable similar arguments to such auditors that are present at Interactivated ecommerce bv that justify an audit initiated by the client. Such an audit is justified when the similar audit reports present at Interactivated ecommerce bv give no or insufficient information about the compliance with this Appendix by Interactivated ecommerce bv. The audit initiated by the client takes place two weeks after the client has given prior notice once a year.
11.3. Interactivated ecommerce bv will cooperate with the audit and all relevant information reasonably relevant to the audit, including supporting data such as system logs (subject to privacy-sensitive data from third parties), and employees as timely as possible and within a reasonable period of time, with a maximum period of two weeks being reasonable. unless an urgent interest opposes this, make it available.
11.4. The findings as a result of the audit carried out will be assessed by the Parties in mutual consultation and, as a result thereof, be implemented by one of the Parties or jointly by both Parties.
11.5. The reasonable costs for the audit are borne by the client, on the understanding that the costs for the ICT expert to be hired will always be borne by the client.

Article 12. Duration and cancellation

12.1. The Appendix has been entered into for the duration as stipulated in the agreement between the Parties and in the absence thereof in any case for the duration of the cooperation.
12.2. The Appendix can not be canceled prematurely.
12.3. Parties may only amend this Appendix by mutual agreement.
12.4. After termination of the Attachment, Interactivated ecommerce bv will destroy the personal data received from the client without delay, unless the Parties agree otherwise.

 

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