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Terms and conditions

Section 1: General Provisions

Article 1: Definitions

Atlantis Cyber Security B.V.
The private limited company Atlantis Cyber Security B.V., registered in the Trade Register under Chamber of Commerce number 88113752 and acting under the names Atlantis Cyber Security B.V.
Client
A party granting Atlantis Cyber Security B.V. an assignment as referred to in article 7:400 paragraph 1 of the Dutch Civil Code.
Parties
The joint designation of Atlantis Cyber Security B.V. and Client.
General Terms and Conditions
The present terms and conditions.
Written
Where these General Terms and Conditions refer to “in writing”, this also includes communication by electronic means, whereby the identity and integrity of the communication must be sufficiently certain.
Quotation
The written offer by Atlantis Cyber Security B.V. to perform services for a certain fee.
Works
Software, websites, equipment, data files, documentation, advice, reports, analyses, designs, texts, images, audiovisual material, logos and/or house styles.
Agreement
These General Terms and Conditions together with the offer approved by the Client and the written explanation provided by Atlantis Cyber Security B.V. to this offer.
Website Hosting
Making a website available on the Internet 24 hours a day.
Maintenance
Keeping WordPress, plugins and database backed up regularly.

Article 2: Applicability

These Terms and Conditions apply to all legal relationships between Atlantis Cyber Security B.V. and the Client concerning work performed or to be performed and/or services and products delivered or to be delivered, including an offer made by Atlantis Cyber Security B.V. for the performance of work and/or delivery of services and products, for the benefit of the Client of any nature whatsoever.

  • These Terms also apply to any person employed or engaged by Atlantis Cyber Security B.V. or for whose acts or omissions it may be liable.
  • The applicability of any other general terms and conditions is expressly excluded.
  • If provisions are declared void or annulled, the remaining provisions remain applicable.
  • If there is a conflict between Section 1 and Section 2, the provision from the specific regulation (Section 2) shall prevail.
  • In case of discrepancy between these conditions and the approved quotation, the quotation shall prevail.

Article 3: Quotation and Formation of the Agreement

Atlantis Cyber Security B.V. will prepare an offer by e-mail describing the assignment. The quotation is without obligation and remains valid for 30 days unless otherwise stated.

  • The quotation is based on information provided by the Client, which Atlantis Cyber Security B.V. may rely on as accurate.
  • The Agreement takes effect when the quotation is accepted by the Client.
  • Price indications may change due to unforeseen work changes; Atlantis Cyber Security B.V. will inform the Client accordingly.

Article 4: Required Information

The Client must provide all requested data and cooperation necessary for proper execution of the assignment.

  • The Client is responsible for the accuracy and completeness of provided data.
  • If delays occur due to missing or incorrect data, Atlantis Cyber Security B.V. may suspend work and charge additional costs.
  • Materials provided by the Client will be returned upon completion, after full payment, at the Client’s expense and risk.

Article 5: Execution, Change of Assignment and Delivery Time

  • Atlantis Cyber Security B.V. determines which staff or partners perform the assignment and may engage third parties.
  • Changes to the assignment require written agreement from both parties.
  • Atlantis Cyber Security B.V. may deliver in phases and is only bound to best-effort obligations regarding deadlines.

Article 6: Assumption of Contract

The Client may not assign obligations to third parties without written consent. The Client remains jointly liable unless otherwise agreed.

Article 7: Confidential Information

The Client must treat all information received from Atlantis Cyber Security B.V. as confidential, including the contents of the Agreement.

Article 8: Protection of Personal Data

By providing personal data, the Client consents to its processing under the General Data Protection Regulation (GDPR). The Client indemnifies Atlantis Cyber Security B.V. against third-party claims.

Article 9: Intellectual Property Rights

Atlantis Cyber Security B.V. retains all intellectual property rights on delivered work and materials. Custom work remains its copyright property unless expressly stated otherwise.

Article 10: Fee

The fee is based on hours worked, agreed rates, or written agreements, excluding VAT and government levies. Expenses and third-party costs are charged separately.

Article 11: Payment and Collection Costs

  • Payment must be made within 30 days of the invoice date.
  • Late payment incurs 1% monthly interest and collection costs.
  • Objections do not suspend payment obligations.

Article 12: Liability

  • Claims must be reported immediately and expire one year after the event.
  • Liability is limited to the invoice value or insurance payout.
  • Atlantis Cyber Security B.V. is not liable for indirect or consequential damages.

Article 13: Complaints

The Client must report complaints within 14 days. Complaints do not suspend payment. Late complaints forfeit rights.

Article 14: Retention of Title

Delivered items remain property of Atlantis Cyber Security B.V. until full payment. The Client must safeguard these items and may not resell or pledge them.

Article 15–16: Customised and Standard WordPress Websites and Webshops

The quality of websites and webshops can only be guaranteed when hosted and maintained on Atlantis Cyber Security B.V. servers. Third-party frameworks, themes, and plugins may be used.

Article 17: Termination of the Agreement

Either party may terminate with reasonable notice. Written notice is required. Atlantis Cyber Security B.V. may terminate immediately in case of insolvency or default.

Article 18–21: Continuing Effect, Recruitment, Applicable Law and Amendments

  • Provisions intended to survive termination remain in effect.
  • Neither party may hire the other’s employees within one year without consent.
  • Dutch law applies; disputes are settled in the court of Atlantis Cyber Security B.V.’s business location.
  • Atlantis Cyber Security B.V. may amend these Terms; non-objection within 14 days implies acceptance.

Section 2: Website Hosting

Article 22: Availability and Support

Atlantis Cyber Security B.V. strives for high availability of its hosting services but cannot guarantee it. Maintenance may occur outside office hours. Support is available weekdays 9:00–17:00.

Article 23: Customer Obligations

The Client must provide all information necessary for timely and proper service execution and inform Atlantis Cyber Security B.V. of potential issues affecting service load or performance.

Article 24: Rules of Use and Notice/Takedown

  • Clients must keep login credentials confidential.
  • Use of services must comply with laws and must not infringe on others’ rights.
  • Prohibited content includes malware, hate speech, child pornography, privacy violations, and spam.
  • Atlantis Cyber Security B.V. may take necessary measures, including blocking or reporting offenses.

Article 25: Duration and Termination

  • Hosting agreements run for one year and renew automatically unless terminated with three months’ notice.
  • Atlantis Cyber Security B.V. may suspend or terminate for non-compliance.
  • Upon termination, data will be provided to the Client and then deleted from systems.

Section 3: Domain Registration

This section covers agreements related to domain registration.

  • Atlantis Cyber Security B.V. mediates with issuing institutions; domain names are registered in the Client’s name.
  • The Client agrees to the issuing authority’s conditions and is responsible for the domain choice.
  • Atlantis Cyber Security B.V. is not liable for loss or cancellation except in cases of deliberate recklessness.
  • The Client indemnifies Atlantis Cyber Security B.V. against damage related to domain use.