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Article 1 -
Definitions |
In these general subscription conditions, the
following terms have the following meanings:
- 1.1 Service
The possibility to obtain access to the Internet via the World Online system, or to make
use of the technical facilities offered by World Online for the provision of information,
and the use of e-mail or any other facility for the Subscriber, in a way as offered by
World Online and agreed by the Subscriber and World Online.
- 1.2 Subscriber
The natural or juristic person that World Online has agreed a subscription with.
- 1.3 Subscription or Annual Subscription
The agreements, set out in a subscription form or in any other way, on the basis of which
World Online makes the Service available to the Subscriber, and to which these conditions
apply.
- 1.4 Access code
Unique name ("log in") and password of the Subscriber that World Online gives to
the Subscriber in order to provide access to the Service.
- 1.5 Software
The Software provided by World Online to the Subscriber or otherwise provided in the
framework of the Service.
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Article 2 - General |
- 2.1 All agreements and other relations between World Online and the Subscriber
with regard to the Service are subject to these general conditions, unless expressly
specified otherwise by World Online or agreed in writing between the parties.
- 2.2 These general conditions take the place of (any) earlier general subscription
conditions.
- 2.3 Any general conditions used by the Subscriber are expressly rejected by World
Online.
- 2.4 The Subscriber may only invoke a departure to these general conditions if the
departure has been agreed in writing.
- 2.5 All offers made by World Online are entirely without obligation. An offer may
be revoked by World Online up to one week after receipt of acceptance of the offer.
- 2.6 In all cases when an agreement with the Subscriber ends, these general
conditions shall continue to govern the relations between the parties insofar as is
necessary for the completion of them.
- 2.7 World Online is entitled to change these general conditions. Such changes
shall also apply to agreements already concluded with the Subscriber. Changes shall come
into effect 30 days after announcement, or at another point in time stated in the
announcement.
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Article 3 -
Subscriptions |
- 3.1 A Subscription may be requested by means of:
- telephone request,
- subscription form,
- online registration,
- retail kit,
- e-mail, or in any other way specified by World Online.
- 3.2 After requesting the subscription, juristic persons have to send in a copy of
the registration(s) with the chamber of commerce to World Online. The request has to be
made by a representative of the juristic person authorised to this effect (by the articles
of association).
- 3.3 As soon as possible after receiving the subscription request, World Online
shall provide the Subscriber with the Access Code, and if desired the user kit, and shall
ensure that the Subscriber gets access to the Service.
- 3.4 The Subscription is not transferable and shall commence on the day of the
Access Code being provided by World Online.
- 3.5 World Online reserves the right to refuse subscriptions, which the applicant
will be informed of at the earliest opportunity.
- 3.6 If the Subscriber wants to change his type of subscription or Access Code, he
may submit a written request to World Online. If the request is honoured by World Online,
the change will take effect on the day of World Online sending confirmation of this to the
Subscriber, or at another point in time specified by World Online.
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Article 4 - The
Service |
- 4.1 After the Subscriber has satisfied all conditions for access to the Service,
World Online shall grant him access to the Service.
- 4.2 World Online is entitled to make changes in or to the Service without prior
notification to the Subscriber.
- 4.3 World Online is entitled to block access to (parts of) the Service and/or
(parts of) its system and/or interfaces, whether or not temporarily, or to restrict the
use of them, and/or take other measures, if such is necessary in its opinion, without
informing the Subscriber of this beforehand.
- 4.4 World Online is entitled to make procedural and technical changes and/or
improvements to the Service and/or the Access Code, if it appears to be necessary in its
opinion. World Online shall inform the Subscriber of this promptly, if it has a
detrimental effect for the Subscriber on the accessibility of the Internet and/or networks
connected to it.
- 4.5 World Online is entitled to block access to the home page and/or e-mail
account of the Subscriber, or to take other measures with respect to the Subscriber, his
home page or his e-mail account, if such is necessary in its opinion. World Online shall
inform the Subscriber promptly of such measures.
- 4.6 World Online is entitled to change the Access Code and e-mail address. It
shall promptly inform the Subscriber of a change and inform him of the changed Access Code
and changed e-mail address.
- 4.7 World Online may not be held liable for any damage or costs for the
Subscriber as a result of any of the measures mentioned in this article. Such measures
shall not affect the payment obligation of the Subscriber.
- 4.8 The Subscriber has access to the World Online helpdesk.
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Article 5 - Prices |
- 5.1 The usual payments and prices used by World Online shall apply to the
agreements and other relations between World Online and the Subscriber, unless the parties
have agreed otherwise. Information regarding the applicable prices will be sent by World
Online on request to the Subscriber.
- 5.2 If the Subscriber exceeds the number of agreed hours of free use of the
Service in a calendar month, World Online shall charge the Subscriber the applicable
hourly rate for this. A part of an hour shall be rounded up to the nearest quarter hour.
- 5.3 If the Subscriber does not make full use of the agreed number of free hours
of the Service in a calendar month, the claim of the Subscriber on the unused free hours
shall lapse at the end of the calendar month concerned. The Subscriber shall not be given
any compensation for unused free hours.
- 5.4 A Subscription shall come into effect on the first day of the next month. If
a subscription starts during a calendar month, the fixed Subscription costs and the number
of agreed hours of free use of the Service, as given in the Subscription, shall be charged
pro rata (proportionally).
- 5.5 World Online is entitled to adjust the prices of all it products and services
each year in accordance with the Consumer Prices Index (CPI) of the CBS.
- 5.6 World Online is also entitled to unilaterally raise the prices. It shall
inform the Subscriber of this in writing, if possible one month before the changes come
into effect.
- 5.7 All prices used by World Online are expressed in guilders or euros, excluding
VAT for the business Subscriber and including VAT for the private Subscriber.
- 5.8 The payments to be made by the Subscriber are only for the services provided
by World Online and do not relate to any telephone costs, costs of cable connections, or
other costs for connecting to the World Online system incurred or to be incurred by the
Subscriber, or for the transport of information between the World Online system and the
Subscriber.
- 5.9 Registration costs may be attached to the subscription request depending on
the subscription type and the ongoing actions.
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Article 6 - Payment |
- 6.1 The amounts due by the Subscriber to World Online shall be paid by direct
debit from the bank or giro account of the Subscriber, unless agreed otherwise in writing.
The Subscriber authorises World Online to make such direct debits and is required within 7
days of concluding an agreement, or after the first request of World Online, to provide
all correct and complete data to World Online needed for this purpose. If the
authorisation card has not been received within the said period, World Online shall be
entitled to disconnect the Subscriber without further notice.
- 6.2 If the Subscriber has not paid promptly (through the direct debit), World
Online shall grant him a further period for payment. If payment is not made within this
period, then the Subscriber shall be in default, without a default notice being required,
and he shall owe the legal rate of interest and a penalty of NLG 25 per day that he
remains in default. Payment has to be made by the Subscriber without him being able to
invoke stoppages, discounts or offsetting amounts.
- 6.3 If the Subscriber is in default, or fails in another way to observe one or
more of the obligations of the agreement or of these general conditions, then without
prejudice to the consequences that the law attaches to such default/failure, all
reasonable costs to obtain settlement out of court shall be to his charge. These costs are
set at 15% of the principal, with a minimum of NLG 50 (excluding VAT). If it is presumable
that World Online has had to incur higher costs, then they shall also be paid by the
Subscriber.
- 6.4 The payments made by the Subscriber shall always first be used to settle any
interest and costs due, and only then will be used to settle the longest outstanding
payable invoices, even if the Subscriber states that the payment relates to a later
invoice.
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Article 7 -
Protection |
- 7.1 World Online is required to do the utmost to securely protect the Service.
World Online shall not be liable for any damage on the part of the Subscriber or third
parties that is the result of inadequate protection.
- 7.2 If the Subscriber notices or suspects that third parties have gained improper
access to the Service, for example by using his Access Code, he must inform World Online
of this in writing within five working days. World Online may not be held liable for any
damage that such improper use of the Service results in.
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Article 8 -
Obligations of the Subscriber |
- 8.1 The Subscriber shall comply with all obligations, instructions and
restrictions given by World Online, as set out in these general conditions and as
communicated by World Online from time to time (on its web site, by written notice, or
otherwise), including instructions on logging on, logging off, complying with the allowed
quantity of data traffic through its home page, the cleaning of information, etc.
- 8.2 The Subscriber is bound to act in compliance with the applicable law and
legislation and to behave according to what can be expected of a responsible and careful
Subscriber. The Subscriber shall, when using the Service, endeavour as best he can to
prevent the interests of World Online being damaged.
- 8.3 The Subscriber shall not use the Service in any way for unlawful purposes, to
commit criminal acts and/or acts that are contrary to the Netiquette. This includes the
following actions:
- het plegen van inbreuk op intellectuele eigendomsrechten van derden (waaronder begrepen,
maar niet beperkt tot: auteursrechten, merkenrechten, rechten uit hoofde van de Europese
richtlijn 96/9 inzake de rechtsbescherming van databanken, octrooirechten,
modellenrechten);
- Infringing the intellectual property rights of third parties (including but not limited
to: copyright, trademark rights, rights relating to European Directive 96/9 on the legal
protection of databases, patent rights, registered design rights, etc).
- Theft.
- The unlawful and/or criminal distribution of secret or confidential information.
- The unlawful or criminal distribution of text or images and audio material, including
racist material, child pornography, criminal data traffic, offensive expressions, and
so-called "mail bombs".
- Hacking, via the Service or the Internet.
- The destruction or damage of systems, automated works and software of others, or making
them unusable.
- The distribution of viruses or otherwise deliberately causing problems with
communications or data storage.
- Gaining access by using false keys, false codes, false personal capacities.
- 8.4 The Subscriber may not start up processes or let them continue in which he
can reasonably assume that it will disturb the other users of the Internet or have a
detrimental influence on the use of the Service.
- 8.5 Depending on the type of subscription, the Subscriber may store a maximum of
20 megabytes of information on the World Online server for his home page.
- 8.6 The Subscriber may not connect (parts of) a network or other users, whether
or not within his organisation, with (parts of) the Service in any way, without the
express written consent of World Online.
- 8.7 The Subscriber may not use his home page or e-mail account for commercial
purposes. By commercial purposes is meant, for example:
- The public endorsement, recommendation or offering of products or services.
- Making offers or invitations to enter into agreements for the performance of commercial
activities.
- 8.8 If the Subscriber acts contrary to one of the above paragraphs of this
article, or if World Online suspects that the Subscriber has acted contrary to one of
these provisions, World Online shall be entitled to deny him access to the Service, close
his e-mail account and/or home page, terminate the agreement and/or take other measures
that appear advisable to World Online, without the Subscriber being able to claim any
refund of payments already made or compensation.
- 8.9 The Subscriber shall be responsible for all use of his Access Code and e-mail
address. The Subscriber shall, moreover, be responsible for any material and all
information on his home page.
- 8.10 The Subscriber shall ensure and be responsible for the necessary hardware
and (the installation of) software and peripheral equipment, and the functioning of it for
being able to connect with the World Online system.
- 8.11 The Subscriber hereby expressly consents to World Online processing and
using his personal data needed for and to be included in databases that World Online has
for the provision of its services.
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Article 9 - Software
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- 9.1 For the duration of the agreement, the Subscriber is given a non-exclusive
and non-negotiable licence to use the Software and the accompanying user documentation for
the Service. The Subscriber accepts the licence conditions accompanying the Software and
user documentation.
- 9.2 The Subscriber shall refrain from reproducing and/or publishing the Software
and the accompanying user documentation, except with regard to the needs of the normal use
of the Service.
- 9.3 The Subscriber shall refrain from making any changes or additions to or
deleting (parts of) the Software and/or any trademarks, copyright notices or other
indications.
- 9.4 The Subscriber may not allow third parties to use the software and/or
accompanying documentation.
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Article 10 -
Duration and termination |
- 10.1 A Subscription is entered into for a period of indefinite duration unless
agreed otherwise in writing.
- 10.2 A free subscription may be closed by World Online without notice, if no use
is made of the Service for 4 months.
- 10.3 Subscriptions entered into for an indefinite duration may only be terminated
in writing by either of the parties, by post or by fax and signed, stating reasons, by the
end of a calendar month, with due observance of a period of notice of 15 days.
- 10.4 A Subscription entered into for a definite duration (for example one year)
may only be terminated by the Subscriber by post (but not by fax), stating reasons, by the
end of the subscription period, with due observance of a period of notice of 15 days, in
the absence of which the Subscription shall be automatically extended for successive
periods of one year, unless a different type of subscription has been agreed.
- 10.5 When changing the type of subscription, the request for doing so with a
Subscription entered into for a period of definite duration must be made 15 days before
the end of the Subscription period. When changing the type of subscription, the request
for doing so with a Subscription entered into for a period of indefinite duration must be
made 15 days before the end of the calendar month.
- 10.6 World Online is entitled to terminate the Subscription with immediate effect
and/or entirely or partially block access to the Service, temporarily or otherwise, if the
Subscriber has not properly or fully observed one or more of his obligations towards World
Online.
- 10.7 In the event of a price increase as given in article 5.6, the Subscriber may
terminate the Subscription with immediate effect in writing before the increase comes into
effect.
- 10.8 World Online is entitled to terminate the Subscription and other agreements
without a default notice or legal intervention with immediate effect in the event of the
Subscriber being declared bankrupt, the bankruptcy of the Subscriber being applied for,
the Subscriber having a payment moratorium or having applied for a payment moratorium, the
Subscriber being placed in receivership, the Subscriber going into administration, the
Subscriber qualifying for debt restructuring, or it being presumable that the Subscriber
will not be able to satisfy the payment obligations arising from the Subscription.
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Article 11 -
Liability |
- 11.1 World Online may not be held liable for any direct and/or indirect damage of
the Subscriber as a result of an (attributable) failing in the observance of any agreement
or any other obligation of World Online towards the Subscriber, as long as it is not
wilful or due to gross misconduct on the part of World Online. Liability shall in any case
be limited to direct material damage and direct damage by death or injury, and to a
maximum amount equal to the amount that World Online has received for the services
provided, with a maximum of ten thousand guilders.
- 11.2 World Online may not be held liable for any indirect damage, including
secondary damage, nor is World Online bound to compensate for business damage, loss of
profit, damage as a result of the failure and/or inaccessibility of the Internet, damage
arising through the leakage of confidential information, damage caused my electronic
payment or damage arising from the claims of third parties towards the Subscriber.
- 11.3 World Online may not be held liable for damage on the part of the Subscriber
caused by third parties making use of the World Online Service or otherwise.
- 11.4 World Online accepts no liability for problems, damage and any costs arising
from the so-called millennium bug (in the widest sense of the word) and this may not give
rise to the subscription being terminated by the Subscriber.
- 11.5 The Subscriber indemnifies World Online against all claims of third parties
relating to the use of the Service by the Subscriber and/or the inadequate observance by
the Subscriber of any obligation towards World Online, whether or not arising from these
general conditions.
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Article 12 - Force
majeure |
- 12.1 World Online may not be held liable if a failing is the result of
circumstances that are beyond its control, such as (but not limited to) international
conflicts, violent or armed actions, measures of any public authority, industrial disputes
among the staff of World Online or any third parties that provide services to World
Online, boycott actions, delay or other imperfections on the part of third parties that
World Online depends on in some way, interruptions to electricity supplies, interruptions
to connections to the Internet, interruptions to the telephone network of the
telecommunications company concerned, full use of the incoming lines, power cuts and other
faults beyond the control of World Online, communications links or equipment of World
Online or any third parties who provide services to World Online.
- 12.2 When World Online cannot satisfy its obligations for a period of more than
two consecutive months due to a failing beyond its control, both World Online and the
Subscriber will be authorised to terminate the agreement by means of a written statement.
- 12.3 The consequences of the failings of World Online in its obligations towards
third parties, caused by or on account of the behaviour of the Subscriber shall always be
to the charge and risk of the Subscriber.
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Article 13 -
Limitation of claims |
- 13.1 All legal claims of the Subscriber against World Online for compensation,
including claims for compensation, shall expire one year after the claim concerned arose.
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Article 14 - Final
clauses |
- 14.1 After the Agreement has come into effect, any agreements and/or promises
made by or on behalf of World Online shall only be binding towards World Online if
confirmed in writing by World Online.
- 14.2 The Subscriber is not entitled, without the consent of World Online, to
transfer any rights or obligations pursuant to these general conditions and any
agreements.
- 14.3 If a provision of these general conditions or of any agreement turns out to
be invalid this shall not affect the validity of the entire general conditions/agreement.
The parties shall set (a) new provision(s) to replace it, that embodies the intention of
the original agreement as much as is lawfully possible.
- 14.4 Changes to the authorisation of the Subscriber, his representatives or
agents shall only come into effect towards World Online, even if already entered in the
public registers, after World Online has been informed of them in writing.
- 14.5 The Subscriber shall be required to immediately inform World Online of any
intended change of address in writing or by e-mail. In the event of World Online having to
contact the Subscriber in writing, it shall be discharged when done to the latest address
given by the Subscriber in writing.
- 14.6 In the event of possible bankruptcy, payment moratorium or debt
restructuring of one of the parties, the other party has to be immediately informed of
this via the administrator or the receiver.
- 14.7 Dutch law shall apply to the relations between the Subscriber and World
Online. Disputes between the Subscriber and World Online shall be brought to the competent
court in The Hague or, depending on the choice of World Online, the competent court in the
area of residence of the Subscriber.
World Online bv,
Ir. D.S. Tuijnmanweg 10, 4131 PN VIANEN
Postbus 411
4130 EK VIANEN
Telefoon Servicedesk: 0347-358777
E-mail: info@worldonline.cz
Versie 1999-01, 9 september 1999 |