ARTICLE 1 DEFINITIONS

The following definitions are used in these General Terms and Conditions, both in singular and plural.

1.1 General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known (on paper or electronically).

1.2 The Rad Factor: The one-man business The Rad Factor established in Amsterdam under Chamber of Commerce no. 66373131.

1.4 Agreement: The agreement between The Rad Factor and Client. 1.3 Client: A person of legal capacity who has entered into an agreement with The Rad Factor.

1.5 Website: www.theradfactor.com and all other websites registered under The Rad Factor and / or the websites and web shops requested through and created by The Rad Factor.

1.6 Package: A package means a package as described on the website of The Rad Factor.

1.7 Services: All services that The Rad Factor provides to its Clients, including applying for domain name and hosting, building websites and web shops, service and maintenance, SEO, blogging, Social Media management, Facebook campaigns, logo design &  corporate identity, graphic design and making quotations.

1.8 SIDN: The Internet Domain Name Registration Foundation.

ARTICLE 2 APPLICABILITY

2.1 These terms and conditions apply to all offers, quotations, invoices and all agreements concluded and services rendered by The Rad Factor and all other actions performed by The Rad Factor.

2.2 If The Rad Factor does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that The Rad Factor would lose the right to strict compliance with the provisions of these conditions in other cases. conditions.

2.3 By agreeing (both in writing and verbally) to an agreement with The Rad Factor, the Client declares that he has taken note of these general terms and conditions of The Rad Factor and that he agrees to these terms and conditions.

2.4 All offers are without obligation, unless explicitly stated otherwise in writing in the offer.

2.5 Applicability of any purchase or other conditions of the Client is explicitly rejected.

2.6 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 effect and The Rad Factor and the client will enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions. , whereby the purpose and purport of the invalid or nullified provision are taken into account as much as possible.

ARTICLE 3 HOSTING, DOMAIN NAME & SERVICE CONTRACT

3.1 The Rad Factor is not liable for the failure or inaccessibility of servers, as well as for malfunctions in the internet or other providers, failure of electricity, attempts by third parties and the like.

3.2 A Client is not permitted to use the services or packages for:

1. illegally distributing copyright material or otherwise acting in violation of the intellectual property rights of third parties;
2. sending unwanted e-mail (spam);
3. making public or disseminating criminal texts and / or images or sound material, including child pornography, racist material and discriminatory statements;
4. sexual harassment or other harassment of persons;
5. spreading computer viruses or types of spyware;
6. the unauthorized intrusion of other computers or sites on the Internet or, an intranet, whereby any security is breached and / or access is gained through a technical intervention using false signals or a false key, or by assuming a false capacity (Cracking / Hacking);
7. any other act contrary to the law, the rules of conduct, as well as what is appropriate in society.

3.3 The Client is not permitted to rent or sell the space made available to third parties.

3.4 In the following cases, The Rad Factor is entitled to block the website of the Client without prior warning and without giving reasons with immediate effect for all use or to remove it from the server, without the Client being able to assert any right to compensation and with the obligation to The Rad Factor to compensate all damage as a result of the violation suffered by the Client or by third parties. Subscription fees that are not due will not be returned or settled:

1. if the Client violates the provisions of articles 3.2 or if there is a serious suspicion of violation;
2. if (a part of) the site of the Client is the cause or threatens to become the cause of the “going down” or becoming unreachable of a Hostnet server;
3. if it appears that the Client has deliberately provided false and / or incorrect personal or company data;
4. if it appears that the Client has entered into the agreement under false pretenses;
5. if the payment arrears is greater than 3 months.

3.5 The username and password for the hosting account will not be sent to the Client because the domain and hosting are registered on a The Rad Factor server. Client will receive the username and password for the WordPress admin and the access data to the ftp.

3.6 Hosting and domain name purchased from The Rad Factor are created via a private server on Hostnet. The terms and conditions of Hostnet apply to this. www.hostnet.nl/documenten/SLA-VPS-managed.pdf

3.7 The cancellation period for a service and maintenance contract is 30 days before the end of the contract date.

3.8 If no service contract has been concluded, The Rad Factor is not obliged to provide assistance or to make any requested adjustments. An hourly rate will apply for this. After completion of the website, The Rad Factor does not owe the Client anything anymore.

ARTICLE 4 WEBDESIGN AND DEVELOPMENT

4.1 The Rad Factor will by default place a link in the subfooter on the website created that refers to The Rad Factor website. If the Client prefers not to have this link, it can be removed in consultation at an additional cost of € 50.

4.2 The Rad Factor is the owner of the products made until full payment of the invoice from the website. Upon payment, the property rights will automatically go to the Client.

4.3 The Rad Factor at all times retains ownership of the technology made. This can be a custom plugin or template. If the Client wishes to adjust this, the Client must do this in consultation with The Rad Factor.

4.4 The Client is responsible for providing photos, texts and / or other material. If this is delivered too late, The Rad Factor is not liable for delay.

4.4 The Client is the holder and thus the owner of the domain name. If there are no outstanding accounts, this can always be moved to another provider. The website as hosted by The Rad Factor will then cease to exist.

4.5 When no service contract has been concluded, The Rad Factor is not obliged to provide assistance or make any requested adjustments. An hourly rate will apply for this. After completion of the website, The Rad Factor does not owe the Client anything anymore.

4.6 The Rad Factor will make every effort to provide the services with due care, where appropriate in accordance with the agreements made in writing with the client. Web design is a creative process in which the final delivered form and functions will be pursued with the best possible effort by The Rad Factor.

4.7 The Rad Factor designs WordPress websites based on a standard theme. This is not a proprietary technique. Much can be customized to the wishes of the client, but the client must take into account the fact that some things are simply not possible.

4.8 The Rad Factor has the freedom to use the design for its own publicity or promotion, taking into account the interests of the client.

4.9 A correction round starts after delivery of a website or webshop, the corrections may be provided by the Client by e-mail. An extra correction round must be paid separately, based on the agreed rate in the quotation.

ARTICLE 5 SEO AND BLOGGING

5.1 The Rad Factor cannot guarantee that the Client’s website will appear at the top of Google, this depends on Google’s search algorithms. The Rad Factor is also not liable if the website is not found on common commonly used words.

5.2 The Client has the right to compile a list of keywords itself. In this case, The Rad Factor is not liable for the result with regard to search engine optimization, but will do its best to advise on this.

5.3 In the following cases, The Rad Factor is entitled to block the website of the Client without prior warning and without giving reasons with immediate effect for all use or to remove it from the server, without the Client being able to assert any right to compensation and with the obligation to The Rad Factor to compensate all damage as a result of the violation suffered by the Client or by third parties. Subscription fees that are not due will not be returned or settled:

1. if the Client violates the provisions of articles 2.2 or if there is a serious suspicion of violation;
2. if (a part of) the site of the Client is the cause or threatens to become the cause of the “going down” or becoming unreachable of a Hostnet server;
3. if it appears that the Client has deliberately provided false and / or incorrect personal or company data;
4. if it appears that the Client has entered into the agreement under false pretenses;
5. if the payment arrears is greater than 2 months.

5.4 Changes in findability will always fluctuate due to the changing algorithms of Google. The Rad Factor is not liable for the results displayed by search engines.

5.5 When the services are taken offline for reasons referred to in Articles 3.4 and 5.3, the Client is responsible for the declines in search engines and The Rad Factor cannot hold it against this.

ARTICLE 6 SOCIAL MEDIA & FACEBOOK CAMPAIGN

6.1 The Client always guarantees the correctness, completeness and consistency of the information provided to The Rad Factor. Inaccuracies, incompleteness and inconsistencies are at the expense and risk of the Client.

6.2 The Client will ensure that all data, of which The Rad Factor indicates that it is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to The Rad Factor in a timely manner. If the information required for the implementation of the agreement is not provided to The Rad Factor in time, The Rad Factor has the right to suspend the implementation of the agreement and / or the additional costs resulting from the delay in accordance with the then usual rates at the To charge the client. The implementation period does not commence until after the Client has made the data available to The Rad Factor. The Rad Factor is not liable for damage, of whatever nature, because The Rad Factor relied on incorrect and / or incomplete information provided by the Client.

6.3 The Rad Factor will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of the art at that time.

6.4 If and insofar as required for the proper execution of the agreement, The Rad Factor has the right to have certain activities performed by third parties.

6.5 Changes in findability will always fluctuate due to the changing algorithms of Social Media platforms. The Rad Factor is not liable for the results displayed by platforms.

6.6 A Social Media account created by The Rad Factor or to which The Rad Factor has access, remains the property of the Client.

6.7 The Client acknowledges and understands that The Rad Factor cannot give any guarantee with regard to the number of followers (on Instagram), number of fans (on Facebook) or the number of users on other Social Media accounts. The Rad Factor will endeavor to influence the number of followers, fans and visitors in favor of the Client.

6.8 The agreement for Social Media management is entered into for 3 months, after which it can be terminated monthly with one month’s notice period.

6.9 The Rad Factor is not liable for disappointing results from Social Media management or a Facebook campaign. Client acknowledges and understands that The Rad Factor cannot guarantee results.

6.10 The Rad Factor has the freedom to use the design for its own publicity or promotion, taking into account the interests of the client.

ARTICLE 7 LOGO, HOUSE STYLE AND GRAPHICS

7.1 The client becomes the owner of a design when the client fully complies with its obligations under the agreement with The Rad Factor.

7.2 A design rejected by the client remains the property of The Rad Factor.

7.3 If The Rad Factor is forced to perform more or other activities due to the late or non-delivery of complete, sound and clear data / materials or an amended or incorrect assignment or briefing, these activities must be honored separately, on the basis of the usual hourly rate of € 50 applied by The Rad Factor.

7.4 A correction round starts after delivery of a design, the corrections may be delivered by the Client by e-mail. An extra correction round must be paid separately, based on the agreed rate in the quotation.

7.5 The Rad Factor has the freedom to use the design for its own publicity or promotion, taking into account the interests of the client.

ARTICLE 8 PERSONAL DATA

8.1 By entering into the agreement, the Client gives permission to process and / or store the personal data supplied in a database for the purpose of executing the agreement.

8.2 The Rad Factor will never provide this personal data to third parties without the permission of the Client.

ARTICLE 9 AMENDMENTS

9.1 The Rad Factor reserves the right to make changes to the general terms and conditions. These will apply 1 month after publication.

9.2 The Rad Factor cannot be held liable for typing and / or spelling errors in texts from The Rad Factor itself, the Client or other sources.

ARTICLE 10 PRICES, QUOTES, INVOICING AND PAYMENTS

10.1 All prices stated by The Rad Factor are in Euros unless explicitly stated otherwise in writing.

10.2 All prices stated by The Rad Factor are exclusive of VAT unless explicitly stated otherwise in writing.

10.3 The Rad Factor is at all times entitled to change its prices and rates.

10.4 The Client’s payment obligation commences on the day the agreement is concluded. The payment relates to the period commencing on the day of the actual availability of The Rad Factor’s services.

10.5 The Client must pay The Rad Factor’s invoices within the payment term stated on the relevant invoice. If no payment term is stated on an invoice, a payment term of fourteen (14) days applies.

ARTICLE 10 PRICES, QUOTES, INVOICING AND PAYMENTS

10.1 All prices stated by The Rad Factor are in Euros unless explicitly stated otherwise in writing.

10.2 All prices stated by The Rad Factor are exclusive of VAT unless explicitly stated otherwise in writing.

10.3 The Rad Factor is at all times entitled to change its prices and rates.

10.4 The Client’s payment obligation commences on the day the agreement is concluded. The payment relates to the period commencing on the day of the actual availability of The Rad Factor’s services.

10.6 If the Client does not pay any invoice from The Rad Factor within the payment term, the Client will be in default by operation of law, without any notice of default or demand being required.

10.7 If a Client wishes to terminate a service from The Rad Factor, this is possible no later than 1 month before the contract is extended. Unless otherwise stated by The Rad Factor. The amount paid will not be returned.

10.8 The quotations made by The Rad Factor are without obligation; they are valid for 30 days, unless stated otherwise.

10.9 The Rad Factor is only bound by the offers if the acceptance thereof is confirmed to The Rad Factor in writing and signed within 30 days by the client, otherwise indicated.

10.10 Changes to the originally concluded agreement between the client and The Rad Factor are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement.

10.11. A composite quotation does not oblige The Rad Factor to perform part of the assignment against a corresponding part of the stated price.

10.12 Offers or quotations do not automatically apply to future assignments.

ARTICLE 11 SUSPENSION, DISSOLUTION AND EARLY TERMINATION OF THE AGREEMENT

11.1 The Client is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if The Rad Factor does not, not fully or not timely fulfill the obligations under the agreement, after the conclusion of the agreement, circumstances that have become aware of the Client give good ground to fear that The Rad Factor will not fulfill its obligations, if The Rad Factor is requested at the conclusion of the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient or if, due to the delay, on the part of The Rad Factor, the Client can no longer be expected to fulfill the agreement under the originally agreed conditions.

11.2 The Client is further authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if circumstances arise otherwise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be attributed to the Client. required.

11.3 If the agreement is dissolved, the claims of the Client against The Rad Factor are immediately due and payable. If If the Client proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way.

If the dissolution is attributable to The Rad Factor, the Client is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.

11.4 If The Rad Factor does not fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, the Client is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while The Rad Factor , on account of breach of contract, is obliged to pay compensation or compensation.

11.5 If the agreement is terminated prematurely by the Client, the Client will, in consultation with The Rad Factor, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to The Rad Factor. If the transfer of the work entails additional costs for the Client, these will be charged to The Rad Factor. The Rad Factor is obliged to pay these costs within the specified period, unless the Client indicates otherwise.

11.6 In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment – if and insofar as the attachment is not lifted within three months – at the expense of The Rad Factor, of debt rescheduling or any other circumstance that makes The Rad Factor can no longer freely dispose of its assets, the Client is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. The Client’s claims against The Rad Factor are in that case immediately due and payable.

11.7 If The Rad Factor cancels a placed order in whole or in part, the work that was performed and the goods ordered or prepared for this, plus any supply and delivery costs thereof and the working time reserved for the execution of the agreement, be charged in full to The Rad Factor.

ARTICLE 12 FORCE MAJEURE

12.1 The Client is not obliged to fulfill any obligation towards The Rad Factor if he is prevented from doing so as a result of a circumstance that is not attributable to fault, and is not for his account under the law, a legal act or generally accepted views. coming.

12.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which the Client cannot exert influence, but as a result of which the Client is unable to fulfill its obligations. come. This includes strikes in the company of the Client or third parties. The Client also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the Client should have fulfilled its obligation.

12.3 During the period that the force majeure continues, the client can suspend the obligations under the agreement. If this period lasts longer than 6 months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.

12.4 Insofar as at the time of the commencement of force majeure the Client has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and the part that has been fulfilled or to be fulfilled respectively has independent value, the Client is entitled to fulfill or fulfill the obligations already fulfilled or fulfilled respectively. part to be invoiced separately. The Rad Factor is obliged to pay this invoice as if it were a separate agreement.

ARTICLE 13 PAYMENT AND COLLECTION COSTS

13.1 Payment must always be made according to invoice, in a manner to be indicated by The Rad Factor in the currency in which the invoice is made, unless stated otherwise by The Rad Factor in writing. The Rad Factor is entitled to invoice periodically.

13.2 If the Client fails to pay an invoice on time, the Client will be in default by operation of law. The client then owes the statutory interest. The interest on the due amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

13.3 The Rad Factor has the right to have the payments made by the Client stretch in the first place to reduce the costs, then to reduce the interest that has arisen and finally to reduce the principal sum and the current interest. The Rad Factor can, without being in default as a result, refuse an offer for payment if the Client indicates a different order for the allocation of the payment. The Rad Factor can refuse full payment of the principal sum, if the open and accrued interest and collection costs are not also paid.

13.4 The client is never entitled to set off the amount due to The Rad Factor. Objections to the amount of an invoice do not suspend the payment obligation. The client who is not entitled to invoke Section 6.5.3 (Articles 231 to 247, Book 6 of the Civil Code) is also not entitled to suspend payment of an invoice for any other reason.

13.5 If the Client is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be for the account of the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if The Rad Factor has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Client. The client also owes interest on the collection costs due.

ARTICLE 14 RETENTION OF OWNERSHIP

14.1 The goods delivered by The Rad Factor within the framework of the agreement remain the property of The Rad Factor until the Client has properly fulfilled all obligations under the agreement (s) concluded with The Rad Factor.

14.2 The goods delivered by The Rad Factor that fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. Client is not authorized to pledge or encumber in any other way that which falls under the retention of title.

14.3 The Client must always do everything that can reasonably be expected of him to safeguard the property rights of The Rad Factor.

14.4 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Client is obliged to immediately inform The Rad Factor thereof. Furthermore, the Client undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to The Rad Factor for inspection upon first request. In case of any insurance payment, The Rad Factor is entitled to these tokens. Insofar as necessary, the Client undertakes to The Rad Factor in advance to cooperate with everything that might (appear) to be necessary or desirable in that context.

14.5 In the event The Rad Factor wishes to exercise its property rights as indicated in this article, the Client gives unconditional and irrevocable permission in advance to The Rad Factor and third parties to be designated by The Rad Factor to access all those places where the properties of The Rad Factor and take it back.

ARTICLE 15 INVESTIGATION AND CLAIMS AND LIMITATION PERIOD

15.1 The Client is obliged to inspect the delivered goods or have them inspected immediately at the moment that the goods are made available to him or the relevant activities have been carried out. In doing so, the Client should investigate whether the quality and / or quantity of the delivered goods corresponds with what has been agreed and meets the requirements that the parties have agreed in this respect. Any visible defects must be reported in writing to The Rad Factor within 30 days of delivery. Any invisible defects must be reported to The Rad Factor in writing immediately, but in any case no later than fourteen days after discovery thereof. The report must contain a description of the defect that is as detailed as possible, so that The Rad Factor is able to respond adequately. The Client must give The Rad Factor the opportunity to investigate a complaint or have it investigated.

15.2 If the Client makes a timely complaint, this does not suspend its payment obligation. In that case, the Client also remains obliged to purchase and pay for the other items ordered and for what he has commissioned The Rad Factor.

15.3 If a defect is reported later, the Client will no longer be entitled to repair, replacement or compensation.

15.4 If it is established that an item is defective and a timely complaint has been made in this respect, The Rad Factor will disclose the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written of The Rad Factor, replace or arrange for repair thereof or pay a replacement fee for this to the Client. In the event of replacement, the Client is obliged to return the replaced good to The Rad Factor and to transfer ownership thereof to The Rad Factor, unless The Rad Factor indicates otherwise.

15.5 If it is established that a complaint is unfounded, the costs arising as a result, including the investigation costs, incurred by The Rad Factor as a result, will be entirely at the expense of the Client.

15.6 After expiry of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Client.

Contrary to the statutory limitation periods, the limitation period of all claims and defenses against The Rad Factor and the third parties involved by The Rad Factor in the performance of an agreement is 1 year.

ARTICLE 16 LIABILITY

16.1 If The Rad Factor should be liable, this liability is limited to what is regulated in this provision.

16.2 The Rad Factor is not liable for damage, of whatever nature, caused by The Rad Factor relying on incorrect and / or incomplete information provided by or on behalf of the Client.

16.3 The Rad Factor is not liable with regard to the GDPR in connection with a data breach (data files that are hacked or if unintentional access is given to files). The client must ensure that the GDPR is correct.

16.4 If The Rad Factor should be liable for any damage, the liability of The Rad Factor is limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.

The Rad Factor’s liability is in any case always limited to the amount paid out by its insurer, as appropriate.

16.5 The Rad Factor is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to pay the defective performance of The Rad Factor. to have the agreement answered, insofar as these can be attributed to The Rad Factor and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have resulted in limiting direct damage as referred to in these general terms and conditions. The Rad Factor is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.

16.6 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of The Rad Factor or its managerial subordinates.

ARTICLE 17 INDEMNIFICATION

The Client indemnifies The Rad Factor against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to other than The Rad Factor. If The Rad Factor should be addressed by third parties on that basis, the Client is obliged to assist The Rad Factor both extrajudicially and in law and to do everything that may be expected of him in that case without delay. Should the Client fail to take adequate measures, The Rad Factor is entitled to do so itself without notice of default. All costs and damage on the part of The Rad Factor and third parties that arise as a result, are fully for the account and risk of the Client.

ARTICLE 18 INTELLECTUAL PROPERTY

The Rad Factor reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations. The Rad Factor has the right to use the knowledge it has gained through the performance of an agreement for other purposes, insofar as no strictly confidential information of the Client is disclosed to third parties.

ARTICLE 19 APPLICABLE LAW AND DISPUTES

19.1 All legal relationships to which The Rad Factor is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

19.2 The judge in the place of business of The Rad Factor has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, The Rad Factor has the right to submit the dispute to the competent court according to the law.

19.3 The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

ARTICLE 20 LOCATION AND AMENDMENT OF GENERAL CONDITIONS

20.1 The most recently published version or the version that applied at the time of the establishment of the legal relationship with The Rad Factor is always applicable.

20.2 The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.