General terms and conditions

Starting point/base

The starting point or basis for these general terms and conditions are already known terms and conditions from other providers, quality marks and other common general standards/conditions within the IT sector.

The terms and conditions are a continuation of the general terms and conditions of De Goede Huisvader (English translation: The Good Stay-at-home Dad), a trade name of the service provider, under which the services described in the terms and conditions were previously offered. These services are offered under the name Harm Jagerman, details can be found in the service provider section.

Effective date

The terms and conditions took effect on 1 May 2023 as part of the trade name De Goede Huisvader. The general terms and conditions were adopted in January/February 2025 after the change of business activities and the change of the trade name.

The general terms and conditions are valid until a new version is published or announced.

Preceding versions

With effect from 1 February 2025, all previous versions of the general terms and conditions older than 1 May 2023 will expire.

Applicability

The general terms and conditions relate to the services and products of Harm Jagerman and/or the trade names of the service provider (namely Harm Jagerman), registered under Chamber of Commerce registration number 5059616 and located at Rijnegommerstraat 28 (2382XB) in Zoetewoude. Its VAT number is NL002057857B55. These are also the company details.

Language

The general terms and conditions are offered in Dutch and English. Notices are also offered in these two languages.

Binding

The general terms and conditions are binding once the following conditions are met:

• There is a contract for the provision of a service.
• There is a contract for the supply of a product.
• There is an agreement for the manufacture of a product that falls into the category of digital productions.

If these are parts of the general terms and conditions that apply to the website, the service provider may assume that the visitor has read the general terms and conditions or is familiar with general terms and conditions. Just as the visitor is familiar with the existence of a disclaimer, privacy statement and cookie statement for this website.

If there is a distance purchase -if applicable- the general terms and conditions apply irrevocably.

Choice of law and jurisdiction

Dutch law applies to the general terms and conditions. All disputes shall be subject to the jurisdiction of a court located in the Netherlands. If any part or provision of these terms and conditions is found by any court or other authority and/or unenforceable, that part or provision shall be amended, modified, deleted and/or enforced to the maximum extent permitted, to give effect to the intention to these terms and conditions The remaining terms and conditions shall remain unaffected.

Electronic communication

Harm Jagerman (hereinafter service provider) provides digital services/products. Electronic communication is therefore used. It has been a conscious decision not to allow paper communication to take place, from the point of view of contributing to a better living environment.

By accepting the general terms and conditions, the visitor, customer or client agrees that all communication will take place electronically. All announcements, notices, invoices, notifications, agreements and other communications will be sent in this manner. This is conditional on these notices complying with legal requirements, including -but not limited to- the requirement that these notices be in writing.

Updates of the terms and conditions

The service provider reserves the right to amend the general terms and conditions when necessary. The date mentioned in the general terms and conditions must be explicitly mentioned. In addition to an effective date, the date of the last update must also be mentioned.

Updates take effect at the time of publication on the website. Old, ongoing general terms and conditions shall apply as long as the agreement, contract or subscription is ongoing. In the case of a long-term contract or subscription or an agreement, contract or subscription with no expiry date, the new general terms and conditions shall enter into force the next calendar month.

For each new agreement, contract or subscription, the new terms and conditions take effect immediately. If a contract, subscription or agreement is continued, this will always take place on the basis of the most current conditions. These may change in the interim, as described before.

Effective date of general terms and conditions

Effective date of general terms and conditions: February 1, 2025.

Definitions

Agreement

The willful agreement between client/customer and service provider, which is based on an offer made by the service provider, for the delivery of a service or product. This is a written agreement, which specifies which service(s) or product(s) will be provided and what the conditions for delivery are. Leading here are the general terms and conditions.

Client

The other party commissions the initiation of a service, and the manufacture of a product. With this, the service provider agrees.

Cooling-off period

See withdrawal period.

Consumer

See customer.

Customer

The other party, with whom the service provider agrees to provide services and/or manufacture products. A distinction is made here between consumers and business customers. In this case, a customer is therefore considered to be both a business and a non-business customer.

General terms and conditions

The conditions as applicable to:

• All services are provided by the service provider.
• The agreement is applicable between the service provider and the customer/client.

Parties

The customer/client and service provider together, who agree to the provision of a service or product (plural is also possible).

Principal

Same as customer or consumer. The person or non-natural person who commissions or with whom an agreement is entered into.

Product

A digital creation produced by the service provider, based on the wishes/requirements or prearranged agreements, applicable standards or other conditions that determine the final result.

Right of withdrawal

See withdrawal period.

Service

The offer offered or made available or manufactured by the service provider, against payment. This is subject to terms and conditions. It also involves the performance of one or more actions leading to the achievement of a certain result or range.

Withdrawal period

The period or term applicable to contracts concluded between the service provider and consumers, during which the right of withdrawal can be exercised. This period is also known as the withdrawal period. For business contracts, this reflection period does not apply. This period only applies to online agreements. By default, this cooling-off period is 14 days.

Services and products

This part of the general terms and conditions describes exactly what services and products the service provider delivers. In short: this part is about the offer. By the way, the most up-to-date offer can be found via the website: https://harmjagerman.com/about/services (or equivalent page).

Services offered

The following services are offered by the service provider:

• Consultation.
• Development.
• Functional management.
• Technical management.

Products Offered

The following products are offered by the service provider:

• Tailor-made websites and webshops.
• Custom-made webshops.
• Other digital products (edited images, videos, music etc).

The offer may vary and no rights can be derived from these listings.

Neptune’s Barista

Under the pseudonym Neptune’s Barista (also a trade name of the service provider), digital music productions are made available, possibly commissioned by third parties. More information is available at www.neptunesbarista.com.

Additional offer

The service provider also offers extras in addition to previously mentioned services and products. These are tailor-made services and products provided in consultation. These are all related to the service provider’s area of work. There is no adjusted scope of work.

Effort obligation

The service provider works based on an obligation of effort. The service provider has no obligation to achieve a result. If the final result is different from what the principal had in mind, this does not excuse the principal from payment obligations. This also applies if the client ultimately does not make use of the service/product or work carried out under the agreement. The amount due remains outstanding.

In turn, the service provider will make every effort to tailor the service or product to the client’s requirements. Accepting the general terms and conditions is an acknowledgement of the client’s obligation of effort. By doing so, the service provider in turn acknowledges that every effort should be made to deliver the service or product, provided that this is feasible or possible. Requirements about a guaranteed result cannot be issued.

The section on warranties and liability describes more about the best-efforts obligation.

Tenders (quotations)

Before starting to deliver a service or product, the service provider will inform the client about the investment through a realistic quotation. The quotation will be prepared in Dutch or English. It has a validity of 30 (thirty) days. After this period, the offer automatically expires and with it all claims to that offer lapse.

The service provider may charge research costs in this quotation and this is only possible if the client is informed. As a rule, no fees are charged for a quotation issued.

A preliminary service or purchase agreement exists when the customer or client agrees to the offer. An offer must therefore be agreed to in writing. A verbal agreement is not sufficient.

If a quotation contains inaccuracies or imperfections, it is intended to be reported electronically within 7 (seven) working days of receipt of the quotation. The quotation may be adjusted thereafter.

Lost revenue

If, after accepting the offer, a final service or purchase agreement is still not concluded even though the offer has been agreed to, there is lost revenue. The service provider then charges 50 (fifty) per cent of the quoted costs as lost revenue.

Taxes (VAT) in tenders

Tenders include a Dutch VAT rate of 21 (twenty-one) per cent. The service provider always states the amounts in the quotation including 21 per cent VAT. In addition, there will be an amount in brackets which is the amount exclusive.

Hourly rates

Hourly rates from 1 February 2025:

• Standard hourly rate: €38 incl. 21% VAT (31.40 excl. 21%) VAT) calculated over full and half hours.
• Functional and technical management: 48.39 incl. 21% VAT (39.99 excl. 21% VAT).

Extra costs

The service provider does its best to avoid additional costs. Advance notice is therefore essential. In some cases, this falls under unforeseen circumstances.

Prices

Taxes (VAT)

The service provider charges 21 (twenty-one) per cent VAT on all services and products. No exceptions are made to this, regardless of whether the client itself is liable for VAT or not.

Pricing

Prices on the website, in offers, on invoices or in any other (digital) way are always inclusive of 21 (twenty-one) per cent VAT. As much as possible, however, we try to add a statement of the price excluding VAT (in brackets).

Price changes

Prices in offers

De dienstverlener mag de prijzen die in een offerte vermeld staan niet aanpassen nadat de offerte is uitgebracht, tenzij er sprake is van een wijziging in btw-tarieven of andere wettelijke eisen. Is er sprake van een dienst of een product dat op een andere manier bij draagt bij het tot stand komen van de dienst of het product dat voor een prijswijziging zorgt, dan is dit een reden voor een prijsaanpassing.

Price changes due to economic conditions

Is er sprake van een gewijzigde economische situatie, dan kan de dienstverlener ingrijpen en prijswijzigingen doorvoeren. Ook is het mogelijk om een dienst of product aan te passen, te modificeren of op een andere manier aan te passen conform de economische wijzigingen. Dit alles vindt plaats naar inzicht van de dienstverlener. Leidend hierbij zijn de (economische) omstandigheden waaronder dit plaatsvindt of de mogelijke toekomstige vooruitzichten. Denk hierbij aan externe factoren die bepalend kunnen zijn op prijswijzigingen of aanpassingen in aanbod of voorraad.

At the start of the agreement, prices are based on a rate relevant at that time. These prices are based on an offer made and it may happen that prices are adjusted during a subsequent renewal. This is due to dynamic price developments.

Dynamic price developments also mean that for certain web hosting services of a short-term nature/short-term duration, it is no longer possible to provide guarantees (anymore) on prices and price increases. Price changes may occur and have to be implemented in the interim. This is due to third parties, on which the service provider depends.

Half-yearly price adjustments, if necessary

If there are no urgent situations requiring a price adjustment, the need for a price adjustment will be reviewed semi-annually. Communication on any adjustment will then take place electronically.

Adjustment of prices and offers during the cooling-off period

The service provider does not adjust the prices of issued offers, provided that there is a force majeure described earlier. Similarly, prices will not be adjusted, provided there is force majeure. The same exceptions apply during the cooling-off period.

Highly volatile prices

Services linked to highly volatile prices on the financial market, services or products that have to be paid via a third party involving a conversion step (currency conversion), on which the service provider has no say, are only offered at variable prices. Also services using facilities whose price is partly determined by the price on the energy market can in some cases also be offered with more variable prices.

The tied nature of these fluctuations ensures that the prices offered are target prices. The service provider makes every effort to make/mention this. In the case of services/products that use facilities that may be determined by the price in the energy market, it applies that the client is informed when a price change is imminent.

Price increases within three months of commencement of service

If there is a change in the VAT rate or any other legal requirement, which necessitates a price increase, a price increase will be implemented in the first three months after the service commences.

Price increases within three months of commencement of service

If there is a change in VAT rate or there is a legal requirement, which necessitates a price increase, a price increase can be implemented in the first three months after the service starts.

Payments

A standard payment period of fourteen (14) days applies to all services/products unless the service/product is delivered immediately or the service/product is payable by the service provider in advance. Examples of immediately delivered services/products or services/products that must be paid for immediately by the service provider are:

• Domains.
• Hosting packages.
• Cloud storage.
• Inserts, plugins, and themes for a website/webshop.
• Directly available downloads.

Failure to pay

Default is defined as failure to fulfil an obligation to pay (on time). This means that an invoice has not been paid. If this is the case, default occurs by operation of law. From that moment on, the service provider may suspend the obligations towards the ordering customer as long as the payment remains outstanding. The service provider will also proceed to collect the outstanding amount. This means that the client will have to pay commercial interest on the invoiced amount. Added to this are any costs, should it come to this, for extrajudicial collection costs and other damages. Collection costs are calculated based on the Compensation for Extrajudicial Collection Costs Decree. More information on this can be found at: https://wetten.overheid.nl/BWBR0031432/2012-07-01.

Reminder

If the client remains in default of payment after a period of fourteen (14) days from the invoice date, a first reminder shall follow. If no payment follows, a second reminder will be sent. The outstanding claim will be increased by an amount of fifteen (15) per cent extrajudicial collection costs over the next €5,000, with a minimum of €40.

Liquidation, bankruptcy, attachment or suspension of payments

If there is a default on payment because there is liquidation, bankruptcy, attachment or suspension of payments of the client, the claims of the service provider are immediately due and payable.

Payment in case of refusal

If the client refuses to cooperate with a performance of the order by the service provider, the latter is still obliged to pay the agreed price to the service provider.

Partial payments

Payments are not settled in parts, unless otherwise agreed in advance. It is not possible for the client to make demands or claims in this respect afterwards.

If an agreement has been entered into for partial payment, the first instalment will consist of a first instalment of at least fifty (50) per cent of the total amount due.

Failure to comply with the partial payment agreements will be considered a default. In that case, a reminder will follow after fourteen (14) days. If payment is again not made, the service provider may charge extrajudicial collection costs on the amount due. These collection costs are: 15% over the next € 5,000 with a minimum of € 40. The service provider may deviate from said amounts and percentages for the benefit of the ordering customer.

Payment methods

The client bears personal responsibility for ensuring that payment for the service/product is made correctly. The information received (invoice, e-mail, message, etc.) describes the instructions on the payment methods. The following payment methods are offered:

• A manual bank transfer.
• A payment link via Mollie.com.
• A payment link via Stripe.com.
• A payment link via Moneybird.com

The options for payment via Mollie.com and Stripe.com are: iDeal, credit card, SEPA, Google Pay and PayPal. Some payment options are subject to a surcharge. The service provider has no influence on this.

Delivery and execution

The service provider makes every effort to take the utmost care when it comes to the provision of services and products. This also applies when assessing requests for the provision of additional services.

Digital services and products

The service provider delivers digital services and products. As a result, the delivery address shifts from a physical delivery address to a digital delivery address. In most cases, this is an e-mail address or another digital medium through which messages can be received. The client of the service/product is therefore responsible for providing the data correctly so that this information can be received.

Delivery times

The service provider makes every effort to deliver the services and products based on the agreed deadlines. For this, the service provider is in some cases dependent on external parties and processes of these external parties. Therefore, adjustments may or must take place during the process of delivery, which affects the delivery time. This means that on-time delivery cannot be guaranteed. Therefore, it is only possible for the service provider to give global guarantees for delivery. Due to force majeure caused by third parties, it is therefore sometimes necessary to deviate from the set deadlines. Deadlines are therefore indicative or starting points, not measuring points. No rights may therefore be derived from these deadlines.

The following deadlines apply:

• Domain registrations:
  A maximum of two working days after the outstanding amount is paid to the service provider by the client when the service provider registers this domain on behalf of the client.
• Web hosting packages:
  A maximum of two working days after the outstanding amount is paid to the service provider by the client when the service provider registers this domain on behalf of the client.
• Servers:
  After consultation between the service provider and the client.
• Services related to modifying DNS records:
  Up to a maximum of 72 hours.
• Services or products based on personalisation, development or other related issues:
  After consultation between the service provider and the client.

Termination based on delivery times

It is not possible to dissolve an agreement based on the delivery times. These are global indications.

Migrations

The risk of mutilation, distortion or loss of data in migrations rests with the service provider at the time of delivery or entry into service or activation of the product. This does not apply to support items sent by the customer via external media or regular (parcel) mail. The exception is e-mail migrations.

E-mail migrations

E-mail migrations are performed based on the availability of settings at the time of execution. It is up to the client to adjust the original settings to enable an e-mail migration.

Open-ended agreement

If no end date has been agreed, the contract is for an indefinite period. This means that as long as no notice of termination has been received from the customer/client, the service provider is obliged to provide the service or product. As long as no cancellation has been sent, the customer/client is obliged to purchase the service or product.

An open-ended contract can be terminated at any time, subject to a notice period of one calendar month. The cancellation must be received before the first of the new calendar month.

Fixed-term agreement

If an end date has been agreed, it is a fixed-term contract. This means that delivery of the service or product by the service provider takes place as long as the agreement lasts.

If this is an initial agreement, it cannot be terminated prematurely. This is only possible after the agreement expires for the first time. Cancellation must be sent two months before the agreement expires. Renewal will then not take place automatically. If this is not the case, the agreement will then be renewed for one year if it is a business agreement. It is only possible for non-business customers to subsequently terminate prematurely. Business customers only cancel per calendar year.

Renewal

An agreement entered into for a definite period has an expiry date and will not be tacitly renewed. The client will be informed in advance of the expiring contract.

Withdrawal period

The information in this section of the terms and conditions relates only to concluded agreements entered into online. Accepting an offer is not an online contract. Placing an order is.

Legal regulations

The Dutch government has ruled that consumers have the right to waive an online agreement for a service or product within fourteen (14) days. For business agreements, these rules do not apply. For this, reference must be made to the general terms and conditions of the party with whom the agreement was concluded.

More information on the statutory cooling-off period can be found at: https://www.rijksoverheid.nl/onderwerpen/bescherming-van-consumenten/vraag-en-antwoord/kopen-op-afstand-wat-is-belangrijk-om-te-weten. This information is available in Dutch.

Withdrawal period/right of withdrawal for consumers

Dutch law stipulates that consumers are entitled to a cooling-off period of fourteen (14) days. The service provider is bound by this statutory cooling-off period, however, modified conditions apply.

Adjusted conditions

The modified terms and conditions of the service provider ensure that the requirements set by the legislator for the cooling-off period for online contracts are not affected. Thus, customised terms and conditions apply to online purchases.

Dissolution and effective date

Within 14 days, an online agreement between the customer and the service provider can be undone based on the statutory cooling-off period. There is no obligation to provide a reason. However, the service provider may ask for one.

The effective date of the fourteen days starts the day after confirmation that the service or product has been delivered. This also applies when several services are delivered on the same day.

Partial delivery

If there is a partial delivery, the delivery of the last part is leading.

Exceptions to the withdrawal period for consumers

There are exceptions for consumers when it comes to the withdrawal period. This period cannot be invoked for the following services or products:

• Domain registrations
  These are registered directly via an external party for one (1) calendar year and cannot be cancelled thereafter. Cancellation is possible as of the next expiry date.
• Services that are immediately
  These are services that are immediately available, the execution of which has started after the client has expressly agreed that execution could be started. Because express agreement or consent has been given for performance, the customer thereby indicates that he waives the withdrawal/cooling-off period as soon as the service provider has fully executed the agreement.
• Custom-made material
  These are services or products manufactured according to specifications, which are not manufactured and are manufactured based on an individual choice or decision of the client or its interpretation by the client based on the client’s wishes and preferences, or which are intended for a specific purpose or assignment.
• Data with digital content
  DVDs and CDs that cannot be overwritten.
• Services or products with a price that cannot be influenced
  Services whose price is linked to fluctuations in the financial market, over which the service provider has no influence and which may occur within the withdrawal/cooling-off period.
• Contracts concluded during a public auction
  [Where applicable] This means a method of sale where services, products or content of services or products are offered by the service provider to the customer/client, who attends or is allowed to attend in person, under the guidance of an auctioneer and where the successful bidder is obliged to purchase the services or products (or the digital content of services and products) (purchase obligation).

Obligations during the withdrawal period

During the withdrawal period, it is assumed that the customer treats the service or product with care. The use is limited to the degree of necessity to establish that a withdrawal from the contract should be used. There are no regulations governing the diminution of value as it concerns digital services/products. There is no liability for the client if the entrepreneur has not provided the necessary information for the cooling-off period (withdrawal).

If there is the provision of non-digital resources to support the service/product or they are necessary for the performance of the service/product, these are returned to the service provider by the client within 14 days. The costs incurred for this shall always be borne by the client.

Exercise of the right of withdrawal/cooling-off period and costs

Exercising the withdrawal/cooling-off period/right of withdrawal is only possible when done in writing. Verbal requests will not be considered. A request to rescind the online purchase or service agreement is submitted via the form made available on the service provider’s website. This form is available via the opening page on a page with information on the cooling-off period/right of withdrawal with a mouse click. The direct link is: https://harmjagerman.com/about/right-of-withdrawal/ The service provider is obliged to continue to offer this information in a highly visible way, even after updates or adjustments to the website.

Procedure

Upon receipt of the form, an automatic acknowledgement of receipt will follow. An assessment by the service provider of the dissolution request will follow as soon as possible. This request will take place within fourteen (14) days from the date of the sent request. If this request is accepted, the service provider and customer will make arrangements as soon as possible for the delivery of material published, posted or copied by the customer, provided arrangements have been made. If this is not the case, the service provider is not obliged to hand over this material.

The customer shall make clear how and when the published data are to be transferred. The starting point here is that the work is charged at an hourly rate of € 45 excluding VAT (€ 54.45 including VAT).

The risk and burden of proof for the correct and timely exercise of the cooling-off period/right of withdrawal for the client always lies with the client.

External costs

Any costs for providing the published, posted or copied data, for example when paid services or products of external parties have to be used, are always charged to the client. These are external costs.

If external costs are involved, the client shall owe this fee to the service provider compared to the full fulfilment of the commitment. The client does not bear any costs for the transfer of data in any form if there are:

• A non-explicit consent of starting the performance of the contract before the end of the cooling-off period.
• A non-explicit acknowledgement of losing the cooling-off period/right of withdrawal when giving consent.
• The service provider failed to confirm this declaration by the ordering customer.

If the withdrawal/cooling-off period is used, the client loses all additional agreements. These are dissolved by operation of law.

Refusal to grant a withdrawal/cooling-off period

It is permissible for the service provider to refuse the withdrawal/cooling-off period if the above conditions are not met.

Termination of agreements for business customers based on the right of withdrawal/cooling-off period

For consumers, the Dutch government has stipulated rights for online contracts. For business, there are no such rights. Therefore, general terms and conditions are leading. This section deals with business agreements.

Business agreements are subject to adapted general terms and conditions when it comes to the cooling-off period. Do not automatically assume that the above information for consumers therefore applies to business customers.

Termination of agreements for business customers based on the right of withdrawal/cooling-off period

Regardless of the type of contract; service contract or a product contract, it is not possible to invoke dissolution based on a cooling-off period (withdrawal period), as it applies to consumers.

Dissolution is possible as of the next expiry date of the agreement. If the contract is for an indefinite period, its dissolution is possible after 1 year after the conclusion of the contract. If it is a fixed-term contract, its dissolution is possible after the period in which the contract applies has expired.

Warranties and liability

Limitations

Nothing in these general terms and conditions shall limit or exclude any warranty prescribed by law, that it would be unlawful to limit or exclude.

The service provider guarantees that the services and products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

The client agrees that the service or product will be used based on the rules for ‘normal use.’ This includes the use for which the service or product is intended. Performance issues that may result from the client’s use are therefore not a reason for the service provider to provide financial compensation as a result.

Warranties for services and products

The services and products are compiled and offered with care. Imperfections may occur in the descriptions of these services and products. This information is provided on an “as is” and “as available” basis. As a result, in exceptional cases, the data may contain inaccuracies and typographical errors. Every effort has been made by the service provider to avoid this. The service provider therefore disclaims all warranties of any kind as to the content of service or product descriptions, whether express or implied, as to accuracy or completeness of content. Therefore, the following is not guaranteed:

• That the services or products do not meet the client’s requirements.
• That the services or products remain available indefinitely or indefinitely.
• That the services or products remain completely error-free or continue to operate completely error-free.
• That the quality of each service or product is completely faultless.

Damage

Unless otherwise provided for in an additional agreement, all damage arising from or all damage related to the services/products offered by the service provider, regardless of the cause from which such liability would arise, shall be limited to an amount equivalent to the hourly rate charged by the service provider, i.e. €45 excluding VAT (€54.45 including VAT). Such limitation shall apply to all claims of any kind and nature.

Warranties for the website

The websites offered by the service provider and all content on these websites are provided on an “As is” and “As available” basis and may contain inaccuracies and typographical errors. Every effort has been made by the service provider to avoid this as much as possible. The service provider therefore disclaims all warranties of any kind as to the content of the website, whether express or implied, as to availability, accuracy or completeness of the content. Therefore, the following is not guaranteed:

• That the website can meet the requirements of the visitor, customer or client.
• The website remains fully available.
• The website is completely error-free.
• That the quality of the website meets or will continue to meet all expectations.

Effort obligation vs. result obligation

For more information, see the Effort Obligation section in the Services section.

The service provider makes every effort to deliver the service/product based on the client’s requirements. Leading here is the obligation of effort. There is no obligation to achieve a result. Accepting the general terms and conditions is an acknowledgement of the best-efforts obligation.

Force Majeure

Except for the obligation to pay a sum of money, no delay, omission or default by either party in performing or complying with any of its obligations on account of these terms and conditions shall be considered a breach of these terms and conditions if and for so long as such delay, omission or default results from a cause beyond the reasonable control of that party.

Disclaimer

The client agrees to indemnify, defend and hold harmless the service provider from and against all claims, liabilities, damages, losses and expenses for the violation of the general terms and conditions, warranty provisions and applicable laws, including intellectual property rights and privacy rights. Such damages shall be immediately due and payable.

Waiver

Failure to enforce any of the provisions in these terms and conditions and any other document, or failure to exercise an option to terminate, shall not be construed as a waiver or tacit consent, and shall therefore not affect the validity of these terms and conditions or any other agreement or part thereof, or the right to enforce all provisions thereafter.

Availability of services

Introduction (applicability)

This section applies when the service provider is responsible for more than just the technical management of a website. There is then the provision of a service where the service provider also offers a hosting solution. However, this does not make the service provider also a hosting party. Nevertheless, it is good to know how the availability of services is regulated.

External parties (third parties)

The service provider uses external parties (third parties) to provide web hosting services. As a result, the availability of services is based on the service package of these third parties. The influence the service provider can exert on this is limited. It is therefore good to consider the following:

• The service provider does not operate its servers.
• The service provider depends on third-party services to provide certain facilities.
• The service provider depends on third-party pricing policies.

Uptime vs. downtime

The term uptime indicates how often a system/server is available. If a system/server is unavailable, it is called downtime. There are several causes for downtime:

• Maintenance work.
• Server migrations.
• Outages, and server downtime.

It cannot be avoided that downtime will occur. How often this will occur depends on the chosen provider. In advance, the service provider will communicate these details to the client. However, it will be mentioned that this is an indication given on the public data made available by the third party. This data can usually be found on the provider’s website.

Another cause of downtime may be the client’s actions. Think of a problem with the website or webshop, which causes the website or webshop to be unavailable.

When it comes to uptime or downtime, no guarantees can be given. This applies not only to the availability of web servers but also to e-mail servers and other servers.

Any refunds in case of downtime are therefore not possible. This is a risk inherent to the use of a digital environment. However, every effort will be made to minimise this risk.

Rules of conduct and notice-and-take-down

If the service provider is responsible for more than technical management, responsibility shifts when it comes to compliance with rules of conduct. In doing so, the service provider acts as a digital referee. The service provider gets to decide what information can or cannot be offered. To avoid ambiguities and misunderstandings, the service provider has decided to draw up rules of conduct and its notice-and-take-down. With this, the service provider wants to play an active role in making the internet a safe place and thus play an active role when it comes to observing rules of decency. Legislation plays a role in this. In addition, the service provider realises that it is crucial to consider what is socially acceptable. The dividing line between what is socially acceptable and what belongs within the limits of freedom of speech is clear enough: social acceptability always takes precedence over freedom of speech. In short, certain undesirable behaviour will always result in notice-and-take-down. The service provider realises that this makes its policy stricter than many. This is intended to adequately protect certain vulnerable groups in society from (online) hate. Spreading various forms of disinformation also plays an important role of significance.

Legislation

The service provider realises that in certain respects the legislation sometimes does not yet adequately reflect society’s needs. In cases where it does, the service provider undertakes to comply with the legislation in this area. The client is also bound by this legislation. The service provider assumes that the client is sufficiently aware of the legislation in this area and in particular:

• Copyright legislation.
• The legislation in the field of personal data protection.
• The legislation in the field of protection of minors.
• The legislation on discrimination and racism.

Both parties recognise that there are regulations in the field of publication of digital material in the broadest sense. In addition, both parties recognise that freedom of expression is an important right. However, this right is not leading in all cases. Therefore, as a supplement to existing legislation, the service provider has determined which content is grounds for adaptation or immediate removal. This does not distinguish between the type of material, location or how this material is offered. All options and possibilities that are or can be offered via a website, webshop or any other (web) location, as well as references to websites and/or (web) locations, including external locations, are covered by the content restrictions.

Content Restrictions

The following content restrictions apply.

Content violating the law.

This includes violating the rights of third parties, distributing slander, libel, insults or hate speech. Offering, distributing or referring to illegal material or sites/websites with such material is also not allowed. Exceptions to this are, to a limited extent, examples or sources that are based on newsgathering or sources that serve as a warning, or information or are informative. It is up to the service provider to determine whether this is the case.

Downloads that can be determined to cause or may cause or aim to cause disruption, destruction or influence digital systems in any way are not permitted. References to locations where such downloads can be found will not be permitted.

Consequence: Such content will be removed immediately by the client.

Content putting forward an anti-Semitic, discriminatory or racist message

Any message putting forward an anti-Semitic, discriminatory or racist message will not be accepted. Any appeal to freedom of expression will not override the rights enshrined in the Dutch Constitution, which protects such expressions.

This category also includes sexism, anti-feminist expressions and related matters. Discrimination towards the LGBTQA+/LGBTQIA+ community (/community) will also not be tolerated by the service provider.

Memes or satire are not considered entertainment in this context and therefore fall into the same category and are grounds for/for removal.

Consequence: This content will be removed immediately by the client. In addition, the agreement will be terminated immediately by the client. There will be no refund of the costs incurred by the client. If necessary, a report will be made to the police.

Pornographic material

Pornographic material of any kind is not allowed. References to such sites are also not accepted given possible intensive website traffic.

Offering, referring to or sharing pornographic material involving minors will always be reported to the police.

Consequence: This content will be removed immediately by the client. In addition, the agreement will be terminated immediately by the client. There will be no refund of costs incurred by the client. If pornographic material involving minors is involved, this will be reported to the police.

Components that adversely affect performance

The provision of components, such as images, music files, video files and programme files, that (may) adversely affect the performance of underlying techniques for providing this material and/or websites/websites and related matters are not permitted. This also applies to administrator systems or website solutions categorised as such.

Consequence: The service provider may charge additional fees for adjusting a hosting package, if this should be necessary or may temporarily disable a hosting package, as long as performance is adversely affected and this is not adjusted. If this occurs for an extended period, the agreement will be terminated. No refund of the costs incurred by the client will follow.

Link-building activities

Any form of link-building activity or any suspicion thereof is a breach of the general terms and conditions. It is not permitted to set up websites/websites for link-building activities to carry out marketing activities. Websites/websites that are part of link-building farms or refer to such sites will be removed immediately without further notice.

Consequence: The service provider will charge a fee of €45 excluding VAT (€54.45 including VAT) for dismantling such websites/websites/link building farms. After dismantling, the agreement is dissolved. There will be no refund of the costs incurred by the client.

Activities that violate the privacy of others

Any activity that violates the privacy of others in any form in the broadest sense of the word or the broadest sense of the term is grounds for immediate termination of the agreement. This does not include, but is not limited to, a violation of the privacy of third parties, but not in any case the dissemination of personal data or the (repeated) harassment of third parties with or via unsolicited communication.

Consequence: the service provider will review with the person(s) being harassed what evidence needs to be secured to make a report or support to the police. The service provider will cooperate on this. Naturally, the agreement with the client will be terminated even if no report is made. There will be no refund of costs incurred by the client. The service provider will charge the costs incurred for the investigation to the client. An hourly rate of € 45 excluding VAT (€ 54.45 including VAT) will be charged.

Spreading unproven scientific theories for-profit and spreading conspiracy theories

This involves the dissemination of unproven scientific theories that have been peer-reviewed by leading scientific organisations, institutions or institutes, scientific journals or leading scientists or the dissemination of conspiracy theories, which are debunked or unproven and lead or may lead to social unrest, belong in the categories of disinformation, misinformation or deception. This may involve a profit motive, but this need not always be the case.

Consequence: The agreement is dissolved. No refund of costs incurred by the client follows.

Selling fake products

Also called counterfeit goods or items that cannot be distinguished from the real thing. Here, it does not matter whether they are offered through a regular website or a webshop. Nor does it matter whether this is done on a professional basis or not.

Consequence: the contract is dissolved. There will be no refund of the costs incurred by the client.

Conflicting services

These are services or products from the portfolio of service providers in the broadest sense. Not services or products from customers of the service provider.

Consequence: The agreement is dissolved. No refund of costs incurred by the client follows.

Dropshipping activities

Selling products via another supplier/via a warehouse other than one’s own. Here, the buyer cannot rely on consumer protection applicable in the Netherlands and the EU (in all cases). Therefore, the service provider takes a proactive stance in this case. This protects both the buyer and seller.

Consequence: The contract is dissolved. No refund of the costs incurred by the client follows.

Consequences of terminating agreement after intervention

If there is a termination of the agreement based on any of the above scenarios, the client will thereby lose all rights to the data stored on the remote servers. The service provider will immediately destroy this data. No right can be exercised to recover or restore this data via a backup. The service provider therefore rejects any claims for damages relating to it. Conversely, the client accepts that no compensation claim can be made in the event of any of the scenarios described above.

Conscious online activities

The client will engage in so-called “conscious online activities. This means that the client will behave responsibly when it comes to the use of the services and the activities resulting from them. Thus, there will be no hindrance or harm to others through the use of these services.

Violation of rules of conduct

It is at the discretion of the service provider whether there is a breach of the conduct rules. If there is a violation, the procedure is as follows:

A warning is sent via e-mail, after which two days are given to follow the instructions in the e-mail. Unless there is a breach of law. In that case, a report is made to the police and all services are immediately cancelled.

After two days, a check is carried out to see if the directions have been followed.

If the instructions have been followed, then the case is closed. If not, the material in question, including all other material, will be removed from the hosting account concerned. This action is irrevocable and no backup is made beforehand. No claim can be made for compensation based on this deletion.

The agreement will expire immediately.

The service provider will make the transfer code(s) for the linked domain(s) available immediately. This makes it possible to move the domain to another provider.

Financial compensation

No financial compensation is provided where there has been a breach of conduct. This is because the service provider has run a risk that third parties may have associated the service provider with the client’s practices. Any resulting damage, material or immaterial, will always be recovered from the client.

Judicial order

Should the service provider receive a court order to transfer certain data about the domain holder, the service provider will cooperate.

Transmission in case of nuisance

The service provider may disclose company or other traceable data, such as name and address, when a nuisance has been breached. This is only the case when there is no less intrusive way to find out these contact details. This is only the case when the complaint received has been proven reasonable and the third party has a reasonable interest in reporting the data and all legal requirements have been met.

Privacy en other rights

Sensitive information (data)

The service provider processes sensitive information. This information is processed carefully. More about the processing of privacy-sensitive information is described in the privacy statement, which is made available at https://harmjagerman.com/en/about/privacy/.

Copyright

The website and other material published by the service provider contain copyrighted material. A section on this is reserved in the website’s privacy statement (https://harmjagerman.com/en/about/privacy) and the website’s disclaimer (https://harmjagerman.com/en/about/disclaimer/).

Damage claims

The service provider is not responsible for claims for damages resulting from incorrect display on third-party websites, even when they are offered through the services of service provider. This is always the responsibility of the respective website owner. No distinction is made here between a natural person or a non-natural person.

Complaints procedure

The service provider has a complaints procedure in place. The procedure is described below.

Procedure

A complaint is immediately made known by the customer/client via electronic means (e-mail, contact form on the website).

The service provider shall confirm the receipt of this complaint within two (2) working days after the receipt of this complaint via an (automatic) confirmation of receipt.

The service provider has fourteen (14) days to assess the complaint. If the assessment of a complaint takes longer than this period, the client will be informed in writing (e-mail).

If the outcome is not to the satisfaction of the customer/client, an appeal may be lodged with a Dutch court.

Other provisions

Export Restrictions

The service provider has decided to exclude certain countries when it comes to its services and products. No services and products are offered to countries where trade violates international treaties. In addition, the service provider has made its own choices in terms of equity. Therefore, certain countries can no longer claim the service or products until there is a change in regime, policy or mindset.

Transfer (rights)

It is not possible to assign, transfer or subcontract any rights and/or obligations under these general terms and conditions in whole or in part to a third party without the prior written consent of the service provider. Any alleged attempt is contrary to the general terms and conditions and therefore void and invalid.

Breach of (general) terms and conditions

Without prejudice to other rights under the general terms and conditions, if the client violates these terms and conditions in any way, the service provider may take measures deemed appropriate to address the violation, including temporarily or permanently suspending services or products. Temporarily or permanently blocking a visitor’s access to the website is also among the options available to the service provider. In addition, appropriate legal action may be taken.

Revisions of (general) terms and conditions

The original version of these terms and conditions were introduced on October 22, 2022 and were provided with updates on April 27, 2023, and May 1, 2023. They were then updated again on February 1 and 3, 2025. During this last update, the trade name was changed from De Goede Huisvader (The Good Stay-at-home Dad) to Harm Jagerman.