Terms and conditions 3C Grupo S.A.
ARTICLE 1. DEFINITIONS
1. 3C Group international is a is a trade name of of 3C Grupo S.A.
2. Client: the counterpart of 3C Grupo S.A..
3. Agreement: the agreement between the Client and 3C Grupo S.A..
ARTICLE 2. APPLICABILITY
1. These general terms and conditions apply to all offers, quotations and all agreements and services rendered by 3C Grupo S.A. and all other actions performed by 3C Grupo S.A..
2. The delivery document as referred to in Article 9..5.of these conditions forms part of the agreement that applies between the parties.
3. By signing an agreement with 3C Grupo S.A., a quotation sent by 3C Grupo S.A., submitting an order electronically via the order form or confirming an order by e-mail, the Client declares that it has taken note of these general terms and conditions of 3C Grupo S.A. and that he agrees to these terms and conditions.
4. The applicability of any purchasing or other conditions of the Client is expressly rejected.
5. If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and 3C Grupo S.A. and the Client will enter into consultation in order to agree new provisions to replace the invalid or nullified provisions. , taking into account as much as possible the purpose and intent of the invalid or nullified provision.
ARTICLE 3. OFFERS AND QUOTATIONS
1. Offers made by 3C Grupo S.A. are valid for 3. months, unless otherwise indicated.
2. Changes in the originally concluded agreement between the Client and 3C Grupo S.A. are only valid from the moment that these changes have been accepted in writing by both parties through an additional or amended agreement.
3. A composite quotation does not oblige 3C Grupo S.A. to perform part of the assignment at a corresponding part of the quoted price.
4. Offers or quotations do not automatically apply to future assignments.
ARTICLE 4. PRICES, INVOICING AND PAYMENTS
1. In the event of an agreement involving amounts to be paid by the Client that are periodically due, 3C Grupo S.A. is entitled to adjust the applicable prices and rates by means of a written notice of at least three months’ notice.
2. Tariff changes can take place when the content of the assignment is changed, when the assignment is extended or when changes are made to laws and regulations applicable to 3C Grupo S.A..
3. Unless otherwise agreed: 50% down payment on the total costs after approval of the offer and initial set-up regarding the scope of the agreement.The remaining amount will be invoiced after the website and / or software has been completed.Delivery always takes place after full payment of all outstanding invoices.
4. Failure to pay part of the agreed amount does not oblige 3C Grupo S.A. to deliver a corresponding part of the assignment.In any event, deadlines that have already been paid will no longer be able to be claimed by the Client as this will be regarded as compensation for the costs already incurred and the time invested by 3C Grupo S.A..
5.Payment for web hosting and renewal of web hosting will be billed in January for that year.
6. Payment of the invoice amount must be made a maximum of 1.4. days after the invoice date, in the manner indicated by 3C Grupo S.A. in the currency in which it was declared.Objections to the amount of the invoices do not suspend the payment obligation.
7. Invoicing of maintenance costs and other periodically recurring costs is done annually in advance, unless agreed otherwise.
8. Billing for renewal of web hosting and domain names is done in January of the following year. In case of non-payment, the domain name will not be renewed and it will expire, after which it will be quarantined for 4.0 days (in the case of .nl and .be) at Stichting Internet Domeinregistratie Nederland or DNS.be. Quarantining domain names involves high additional costs, which will always be passed on to the Client by 3C Grupo S.A.. After the quarantine period, the domain name will be released on the market again and can be registered by anyone. For other TLDs (.be, .com etc.) comparable procedures and additional costs apply.
9. All costs related to the payment, including exchange and bank costs, are for the account of the Client.
1.0 If the Client does not pay the amounts due within the agreed term, reminder costs will be charged. These reminder costs amount to € 15 If the Client continues to fail to pay the claim after notice of default, the claim can be handed over to a legal service provider such as a collection agency, in which case the Client will also be obliged to pay full compensation for extrajudicial costs in addition to the total amount owed. and reimbursement of legal costs, as well as statutory interest and other (delay) damage resulting from the default.
11. The amount of the judicial and extrajudicial costs amounts to at least 15% of the principal sum with a minimum of € 75.
12. Settlement by the Client with an outstanding claim on 3C Grupo S.A. is hereby excluded.
ARTICLE 5. OBLIGATIONS OF THE CLIENT
1. The Client ensures, in accordance with instructions, that the material is delivered on time and correctly.
2. 3C Grupo S.A. may use the Client’s website for promotion and / or publicity, unless otherwise agreed.
3. The client is obliged to follow the instructions of 3C Grupo S.A. regarding the preparation and execution of the agreement.
4. The client is obliged to notify changes in contact details in good time.
ARTICLE 6. EXECUTION OF THE AGREEMENT
1. 3C Grupo S.A. will endeavour to carry out the assignment carefully and to strive for a good and useful result for the Client.To the extent necessary, 3C Grupo S.A. will keep the Client informed of the progress of the work.
2. 3C Grupo S.A. is not responsible for updating the website unless there is an applicable maintenance agreement between the parties.
3. 3C Grupo S.A. is not responsible for website backups.However, she will still have this performed daily by a third party if web hosting takes place at her.Backups are kept for seven days.Then they are overwritten.For restoring a backup, 3C Grupo S.A. charges the client costs of € 75 per backup.
4. If the implementation agreement has been entered into with a view to implementation by a specific person, 3C Grupo S.A. will always be entitled to replace this person by one or more other persons with the same qualifications.
5.If and insofar as required for the proper execution of the agreement, 3C Grupo S.A. has the right to have certain work performed by third parties.
6. If the information required for the execution of the agreement has not been provided to 3C Grupo S.A. in time, 3C Grupo S.A. has the right to suspend the execution of the agreement and / or to charge the Client for the additional costs resulting from the delay. bring.
7. For writing articles on behalf of the Client, 3C Grupo S.A. has the right to have a Client sign an assignment form.This is, for example, to demonstrate to event organizations that 3C Grupo S.A. is commissioned to do so, without having to submit the signed offer.
8. If, in the context of the assignment, activities are performed by 3C Grupo S.A. or 3C Grupo S.A. at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably required by those employees free of charge.
ARTICLE 7. ADDITIONAL WORK
1. Work or other services that fall outside the agreement concluded through Groupon or other agreed services and / or products is additional work.Unless otherwise agreed, additional work will be invoiced according to the currently applicable hourly rate of 3C Grupo S.A..
2. Insofar as a fixed price has been agreed for the services and products and the parties intend to enter into a separate agreement with regard to additional work or performance, 3C Grupo S.A. will inform the Client in writing in advance of the financial consequences of that additional work or performance.
3. After signing an agreement with 3C Grupo S.A., submitting an order electronically such as via the order form, verbally communicating or submitting an order by e-mail, it is not possible to change the template and / or design free of charge. to change.
ARTICLE 8. DURATION AND TERMINATION
1. With due observance of Article 7.: 4.1.3. of the Dutch Civil Code, Article 7.: 4.08. (1.) of the Dutch Civil Code is explicitly excluded.
2. Agreements related to domain name registration and hosting have a term of 1. (one) calendar year.After the expiry of the term, these agreements are again entered into for the same period.The notice period is (2.) two months before the end of the calendar year.
3. Maintenance agreements are entered into for a minimum term of 1. calendar year, with a notice period of 2. months.
4. 3C Grupo S.A. can immediately terminate an agreement with the Client if the Client does not comply, improperly or incompletely, with the agreement (s) concluded with 3C Grupo S.A., including the associated conditions.
5. 3C Grupo S.A. has the right to put products and services supplied temporarily or entirely out of use and / or to limit their use if the Client fails to comply with the agreement and obligation towards 3C Grupo S.A. or acts contrary to these general terms and conditions. 3C Grupo S.A. will inform the Client of this in advance, unless this cannot reasonably be expected from 3C Grupo S.A..The obligation to pay the amounts due also remains during the decommissioning.
6. In case of non-compliance with article 5.5.of these conditions, the agreement between the parties will end.
7. In case of non-compliance with article 5.6. of these conditions, the agreement between the parties will end.
8. In case of termination of the hosting agreement, the web hosting account with all content will be deleted, 1.4. days after termination of the agreement.
9. For intellectual property and right of use after termination of the hosting agreement, see 1.0.2. and 1.0.4.
ARTICLE 9. DELIVERY AND DELIVERY TIME
1. After delivery, the delivered goods are at the risk of the Client.
2. Exceeding the delivery time never counts as a breach of contract and does not affect the Client’s obligation to purchase the agreed amount.
3. 3C Grupo S.A. calculates a delivery time of four to eight weeks.With different delivery times, such as urgent orders or large projects, the delivery time is subject to change.
4. The Client receives a draft from the website before final delivery.
5. The concept is approved by the Client and delivered after (7.) seven days.
ARTICLE 10. INTELLECTUAL PROPERTY
1. All intellectual property rights under the agreement, including patent, copyright and design rights, belong to 3C Grupo S.A., unless agreed otherwise in writing by the parties.If such a right can only be obtained through a deposit or registration, only 3C Grupo S.A. is authorised to do so.
2. The intellectual property and / or licenses used by 3C Grupo S.A. in the performance of the agreement, including developed scripts, templates and programs, remain the property of and / or remain vested in 3C Grupo S.A..
3. Unless the work does not lend itself to it, 3C Grupo S.A. is at all times entitled to have his / her name on or near the work stated or removed, and the Client is not permitted without prior permission to work without publish or reproduce the name of the contractor.
4. The Client will only acquire a non-exclusive and non-transferable right of use with regard to Intellectual property for the duration of the Agreement.
5. Client must respect the intellectual property rights of third parties and indemnifies 3C Grupo S.A. from any claim.In addition, an investigation into the existence of such rights is not part of any agreement that 3C Grupo S.A. concludes with its Clients.
6. All website and promotional materials developed by 3C Grupo S.A. can be used by 3C Grupo S.A. for its own promotional purposes, unless agreed otherwise in writing with the Client.
7. All visual material supplied by 3C Grupo S.A. remains the property of 3C Grupo S.A. and cannot be used for any other purpose than the website supplied by 3C Grupo and other projects supplied by 3C Grupo S.A..The Client may only use the images for other purposes in accordance with an extension of the agreement after written permission and payment of a license.
ARTICLE 11. LIABILITY AND INDEMNIFICATION
1. Except for intent or gross negligence, 3C Grupo S.A. is not liable for indirect damage such as consequential damage, trading loss and / or other forms of indirect damage and damage as a result of liability to third parties is excluded.
2. The liability of 3C Grupo S.A. will at all times be limited to the amount charged to the Client in the past 1.2. months.
3. The Client is obliged to indemnify or indemnify 3C Grupo S.A. in respect of all third-party claims for compensation for damage, for which the liability of 3C Grupo S.A. in these terms and conditions in relation to the Client is excluded.
4. 3C Grupo S.A. is not liable for damage of any kind, because it was based on incorrect and / or incomplete information provided or concealed by the Client and / or third parties, unless this error or incompleteness should have been known to 3C Grupo S.A. .
5.Article 1.0.5.first sentence of these conditions should be interpreted in the light of this article.
6. This article also applies to persons as referred to in art.6..2. of these conditions.
7. 3C Grupo S.A. is not liable for damage resulting from changes in the intellectual property of third parties made available to the Client via 3C Grupo S.A..
8. 3C Grupo S.A. uses the services and / or products of third parties in its services.3C Grupo S.A. is not liable for the consequences of events at a server managing party, domain name registrant or others over which 3C Grupo S.A. has no influence.
9. 3C Grupo S.A. is not liable for price changes made by third parties.These prices are charged by 3C Grupo S.A. without notice.
10 3C Grupo S.A. is not liable for the consequences of registering (with personal data) domain name and hosting with a hosting provider and / or domain name registrant.
11. 3C Grupo S.A. is not liable for inaccuracies in third party advertisements that offer or advertise the services of 3C Grupo S.A. to its customer base.
12. 3C Grupo S.A. uses third party software and services to provide its services. 3C Grupo S.A. is not responsible for the no longer (partially) correct functioning of the delivered services to the Client, such as a website, due to changes made by the Client or the owner of the third-party software and / or services used.
13. The Internet is subject to continuous improvement and change, which sometimes makes it necessary for right holders of third party software or services referred to in these terms to make changes to their software or services (updates). Changes made indirectly or directly to the services provided by 3C Grupo S.A. are always outside the responsibility of 3C Grupo S.A. after delivery. 3C Grupo S.A. is of course willing to make changes or updates to the Client’s website at the applicable hourly rate.
14. Hosting takes place with third parties on a server in Belgium with alternative options to reserve servers.Website and mailbox are hosted separately, so that in the event of a website failure, the functioning of the mail is guaranteed.3C Grupo is not liable for the longer or partial functioning in the event of technical failure.3C Grupo S.A. will, however, make every effort to resolve faults and improve processes.
15. If 3C Grupo S.A. does not have full control over DNS settings in the case of outsourcing of the network or mail server by the Client to its own supplier, for example, 3C Grupo S.A. is in no way responsible in the event of partial or total failure of the website and mail traffic.
ARTICLE 12. SUSPENSION AND DISSOLUTION
1. In case of force majeure, 3C Grupo S.A. is entitled to dissolve the agreement and / or to suspend it for a maximum of 6. months, without judicial intervention and without being obliged to pay compensation.
2. Under force majeure to fulfil our obligations applies any strange cause, which cannot be attributed to 3C Grupo S.A. and which prevents the fulfilment of the agreement, or which hinders or obstructs such a serious degree, that this fulfilment cannot reasonably be expected of us. can be taken.
3. In the event of dissolution, article 8.6. of these conditions applies.
ARTICLE 13. VARIOUS PROVISIONS
1. International law applies to all our offers and agreements concluded with us.
2. All disputes between 3C Grupo S.A. and the Client that arise and about which a solution cannot be resolved by mutual agreement, will be submitted exclusively to the competent court in Managua.
3. 3C Grupo S.A. Â may change and supplement the general terms and conditions at any time without prior notice and stating reasons. Changes also apply to already concluded agreements with due observance of a period of 3.0 days after publication of the changes on the website.
4. 3C Grupo S.A. has the right to temporarily shut down products and services supplied if maintenance work is necessary.
ARTICLE 14. PRIVACY PROVISIONS
1. Your personal data is used by 3C Grupo S.A. to request your registration when applying for a domain name and hosting and for the correct execution of our work.The data will not be made available to third parties, unless with your express permission.
2. Your personal information, supplied documents, image and sound material remain confidential. 3C Grupo S.A. does not provide information such as name, address, e-mail address, telephone number and the like to third parties without your express permission.
Last update general conditions 1-1-2020