Offer / Quotation: Any offer from Yourname to enter into an Agreement;

Addendum: The addendum that serves as the data processing agreement in situations as specified in these Terms and Conditions. This addendum forms an integral part of the Terms;

GDPR: General Data Protection Regulation;

Consumer(s): A Counterparty who is not acting in the conduct of a profession or business;

Services: All (additional) services and/or (technical) activities, of any kind, performed by Yourname;

Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of Personal Data;

Yourname: Yourname B.V. (Chamber of Commerce file number: 95878327), the user of the Terms;

Agreement: Any agreement between the Parties regarding the provision of Services by Yourname;

Party (Parties): Yourname and Counterparty, each individually;

Personal Data: All information about an identified or identifiable natural person;

Products: The products delivered by Yourname based on an Agreement;

In Writing: By letter, e-mail, or bailiff's writ;

Subprocessor: The (legal) person who processes Personal Data on behalf of Yourname;

Processing: Any operation or set of operations performed on Personal Data (whether or not by automated means), such as collecting, recording, storing, updating, consulting, using, providing, distributing, blocking, erasing, or destroying data;

Terms: These General Terms and Conditions of Yourname;

Counterparty: The natural person and/or legal entity to whom Yourname makes an Offer or with whom an Agreement is concluded.

2.1. These Terms apply to all Offers and Agreements, as well as to all obligations arising therefrom.

2.2. If these Terms have applied to a previous Agreement, they automatically apply to each new agreement, unless agreed otherwise in writing.

2.3. The applicability of general or specific terms and conditions of the Counterparty is expressly rejected by Yourname, unless agreed otherwise in writing.

2.4. If a provision appears to be invalid, the remaining provisions will remain in full force. The Parties shall agree on a replacement provision together.

2.5. If an Agreement deviates from these Terms and Conditions, the provisions of the Agreement take precedence.

2.6. In the event of translations, the Dutch version is leading.

3.1. An Offer is, unless expressly stated otherwise, non-binding and valid for the period indicated in the Offer. If no period is mentioned, the Offer expires after 14 days.

3.2. A price list or any other price indication cannot be regarded as a binding Offer.

4.1. An Agreement is concluded by (a) acceptance of an Offer via the online environment or (b) a written order confirmation.

• Acceptance via the online environment;
• Written confirmation of a verbal or written order;

4.2. Changes or additions to the Agreement are only valid after written confirmation by Yourname. Any costs for changes may be charged.

4.3. A Consumer may withdraw from an Agreement free of charge within 14 days, with the exception of certain services and domain registrations.

5.1. Changes or additions to the Agreement are only valid after written confirmation by Yourname, whereby administrative costs may be charged.

5.2. Yourname reserves the right to amend or supplement these Terms and Conditions with a notice period of 30 days. If you do not agree with the change, you may terminate the Agreement.

5.3. For subscriptions, the Agreement may be modified by the Counterparty at any time, with possible additional costs for the amendment.

6.1. Yourname will strive to deliver the Services and Products to the best of its ability, but does not guarantee 24/7 availability.

6.2. For maintenance and necessary adjustments, the use of the Services may be temporarily restricted.

6.3. Yourname bases its performance on the information provided by the Other Party, which must be accurate and as requested.

6.4. Telephone support is not provided; questions will be answered digitally within 24 hours on working days.

6.5. For certain Services or Products, additional terms may apply, which will be communicated separately.

6.6. Yourname may engage third-party services, in which case the terms and conditions of those third parties will apply.

7.1. If domain name registration is purchased as a Service, Yourname will mediate in the issuance of domain names, which will be registered in the name of the Other Party.

7.2. Upon registration, the Other Party must agree to the terms of the relevant authority, including the publication of personal data.

7.3. Yourname is not liable for the loss, revocation, or cancellation of a domain name, unless there is intent or deliberate recklessness.

7.4. Any errors in the domain name choice are at the expense of the Other Party; corrections will be attempted free of charge if possible.

7.5. The Other Party indemnifies Yourname for all damages related to the use of a domain name.

7.6. For every top level domain, the terms as stated athttps://www.yourname.eu/voorwaarden-derden. It is advisable to consult these regularly.

8.1. All stated prices are in euros and exclusive of VAT, other taxes, and additional costs.

8.2. Yourname reserves the right to change prices and additional costs, with a notice period of at least 1 month.

In the context of promotions, Yourname may offer discounts. In cases of unreasonable or improper use (more than 25 domain names in 30 days), the regular rate may be charged and the Agreement may be terminated in whole or in part.

10.1. For the execution of Services or delivery of Products, the Other Party will receive an invoice. Subscriptions are paid in advance; prepaid amounts are not refunded unless otherwise indicated.

10.2. Payments must be made within 14 days of the invoice date to the bank account specified by Yourname. The payment date is the date when the deposit is confirmed.

10.3. Payments generally take place via automatic direct debit. By making the first payment, the Other Party automatically agrees to recurring debits upon renewal.

10.4. In the event of late payment, the Other Party is in default and interest of 1% per month will be charged, in addition to extrajudicial costs.

10.5. Payments made will first be applied to costs, then interest, and finally to the oldest outstanding invoices.

10.6. The Other Party has no right to suspend or offset payment obligations.

10.7. Yourname reserves the right to offset outstanding claims with debts of the Other Party or its affiliates.

10.8. All claims become immediately due and payable if circumstances arise indicating that the Other Party will not meet its payment obligations.

10.9. Based on its creditworthiness, Yourname may require security or advance payment. If the Other Party fails to provide this, delivery may be suspended.

11.1. The delivery time specified by Yourname is an indication and does not constitute a strict deadline, unless otherwise agreed in writing.

11.2. The delivery time starts once all necessary information and conditions are available to Yourname.

11.3. Yourname assumes that the order can be executed under the circumstances as they existed at the time of agreement.

12.1. After delivery, the Other Party must check the delivered Services and Products within a maximum of 8 days and report any defects in writing. If this is not done, it is assumed that requirements have been met.

12.2. Other visible or hidden defects must be reported in writing and with justification within 8 days after discovery.

13.1. The Other Party must ensure that its actions do not hinder or cause damage to Yourname, other customers, or internet users.

13.2. It is prohibited to use the Services for activities that violate legal provisions or the Agreement. This includes, but is not limited to:

• Sending large amounts of unsolicited email;
• Acting in violation of third-party intellectual property rights;
• Publishing or distributing prohibited content;
• Sexual harassment or other undesirable behavior;
• Unauthorized intrusion into computer systems;
• Carrying out (D)DoS attacks;
• Causing damage to data or software;
• Fraudulent activities;
• General infringing behavior.

13.3. If the data traffic of the Counterparty is unreasonably high or disrupts the system, Yourname may take appropriate measures, including charging a surcharge.

13.4. Yourname may suspend the Services or terminate the Agreement if the Counterparty acts in violation of the Terms and Conditions, and is authorized to inform the authorities in case of suspected criminal offenses.

13.5. The Counterparty indemnifies Yourname against all claims from third parties arising from the use of the Services or non-compliance with obligations.

14.1. The Agreement is entered into for the term specified in the Agreement and is automatically renewed for the same duration, unless the Counterparty gives notice at least 30 days before the end date.

14.2. Termination by the Counterparty can be done via the Yourname website, with the notice period commencing upon confirmation by Yourname.

14.3. If Yourname terminates a specific subscription or special Service, a notice period of 30 days applies. Unused advance payments will be refunded.

14.4. If the Counterparty fails to fulfill its obligations, Yourname may unilaterally terminate the Agreement without any right to compensation.

14.5. In the event of bankruptcy, suspension of payments, liquidation, or other financial difficulties, Yourname may terminate the Agreement.

15.1. Yourname is liable for damages resulting from a failure to perform, but only up to the amount paid out by the insurer.

15.2. The following are not eligible for compensation: financial loss, consequential damages, damages due to incorrect information, and damages caused by actions of the Counterparty or third parties.

15.3. If insurance is not possible or does not pay out, the compensation amounts to a maximum of the annually agreed value (max. €500, excluding VAT).

15.4. The Counterparty indemnifies Yourname from claims by third parties related to the Services and Products provided.

16.1. Force majeure includes any failure in performance that cannot be attributed to Yourname.

16.2. This includes, among other things, disruptions at suppliers, failure to deliver necessary materials, strikes, extreme weather conditions, government measures, (D)DoS attacks, and other incidents such as war or sabotage.

16.3. In the event of force majeure, Yourname may suspend performance or (partially) dissolve the Agreement without the Counterparty being entitled to compensation. If the force majeure situation lasts longer than 60 days, the Counterparty may terminate the Agreement in part.

16.4. If Yourname has already performed part of the Agreement before the occurrence of force majeure, that part may be invoiced separately.

17.1. Legal actions expire 12 months after the Counterparty became aware or could reasonably have been aware of the relevant rights.

17.2. If a written claim is submitted within this period, the legal action lapses if Yourname is not involved in legal proceedings within 4 months of receipt.

18.1. Both Parties are obliged to keep confidential any information obtained within the context of the Agreement.

18.2. If Yourname is legally required to provide information to third parties, this does not constitute grounds for dissolution of the Agreement.

All intellectual and industrial property rights to the results of the Services are vested in Yourname. If these rights are not vested in Yourname, the Counterparty shall cooperate in the transfer upon first request.

20.1. The Counterparty may not transfer the Agreement or the rights attached thereto to third parties, unless expressly permitted in writing by Yourname.

20.2. Yourname is at all times entitled to transfer the Agreement or the rights and obligations arising therefrom to third parties.

21.1. Yourname processes Personal Data of the Counterparty for the execution of the Agreement, customer communication, market research, and other relevant purposes.

• For execution of the Agreement;
• To inform about products and services;
• To improve our services;
• For processing domain name registrations via registering authorities.

21.2. Requests for domain name registrations are handled according to the applicable rules of the relevant registering authority (for example, SIDN).

21.3. The complete and up-to-date privacy statement of Yourname can be found at http://www.Yourname.nl/privacy.

21.4. The Counterparty acknowledges that Yourname has a legal retention obligation for traffic and location data.

21.5. For specific processing of Personal Data, Yourname enters into a data processing agreement with the Counterparty, as also described in the Addendum.

22.1. All Agreements are governed exclusively by Dutch law.

22.2. Disputes between Parties shall be settled by the District Court Midden-Nederland, Lelystad location.

Yourname may process Personal Data for its clients as part of or in connection with the provision of the Services. Based on the GDPR, the Counterparty is considered the Data Controller and Yourname the Processor. This Addendum contains the terms and conditions for processing Personal Data and forms an integral part of the General Terms and Conditions of Yourname B.V.

1. Obligations

Yourname processes Personal Data only insofar as necessary for the performance of the Agreement and does so in a careful manner, in accordance with the GDPR and the instructions of the Counterparty. The Counterparty indemnifies Yourname against claims from third parties in the event of unlawful processing.

2. Sub-processors

Yourname is entitled to engage sub-processors for the processing of Personal Data, provided that they comply with the same obligations that apply to Yourname under this Addendum. The Counterparty has the right to object to changes concerning sub-processors.

3. Transfer of Personal Data

Personal Data will only be transferred to countries outside the EEA if there is an adequate level of protection and in accordance with the GDPR. For Websitemaker, Personal Data is transferred to a certified processor in the United States based on an EU model contract.

4. Security

Yourname takes appropriate technical and organizational measures to protect Personal Data against loss and unlawful processing, taking into account the risks and the state of technology.

5. Data Breaches

In the event of a data breach, Yourname will inform the Counterparty without delay, providing a description of the breach, the Personal Data involved, and the measures taken.

6. Providing assistance

Yourname offers support to the Counterparty to comply with GDPR requests, such as access, correction, deletion, or restriction of the processing of Personal Data.

7. Back-up of Personal Data

A backup of all Personal Data is made at least once per day so that data can be restored in the event of an incident.

8. Confidentiality

Yourname undertakes to maintain the confidentiality of all Personal Data to which it has access during the term of the Agreement, unless disclosure is required by law.

9. Audit

Yourname will make available all information necessary to demonstrate compliance with this Addendum. The Counterparty is entitled to have an audit conducted annually; the costs are borne by the Counterparty.

10. Duration and Termination

The obligations under this Addendum remain in effect after termination of the Agreement. After termination, the Counterparty may digitally export its Personal Data or, if desired, have it destroyed by Yourname within 30 days, unless a longer statutory retention period applies.