Terms and Conditions MaikelVE Group v2.0
The following Terms and Conditions of MaikelVE Group applies from March 18, 2017 to all existing and new customers.
Last modification: March 17, 2018
Terms and Conditions: The present terms and conditions, regardless of the form in which they are made known (on paper or electronically).
MaikelVE: MaikelVE Group, located at Blaesenbergstraat 98 2/2, 1800 Vilvoorde in Belgium. Enrolled in the KBO with number 0676.493.440.
User: an adult emancipated and disposal authorised natural or legal person who has registered on the website.
Registration: Filling in the registration form found on the website completely which would allow the use of MaikelVE their services.
Website: www. and all other sites that are registered under the name of MaikelVE.
Customer: the user with whom MaikelVE has entered into an agreement and/or for whom the act was/is performed, under which services are delivered to the party.
Services: All work and other activities that are the subject of any offer, contract or other legal act in the relationship between MaikelVE and its Customer. In particular, real time applications of domain names, including, but not exclusively .EU domain names and requesting a hosting package for a website.
SIDN: The Foundation for Internet Domain Registration in the Netherlands.
0.1 Applicability Conditions
0.1.1 The General Conditions shall apply to and form part of all offers, agreements and other legal acts, whether oral, written, electronic or any other form are made on delivery by MaikelVE services to or on behalf of the customer.
0.1.2 The General Conditions also apply to services where MaikelVE wholly or partially provides services to third parties involved, whether or not processed, and provided to the customer. This includes services implemented by the offer, contract or other legal act, commissioned by MaikelVE and delivered by a third party, to the customer.
0.1.3 Deviations from the General Conditions are valid only if expressly agreed in writing by MaikelVE to the client and advance.
0.1.4 MaikelVE explicitly rejects the applicability of any general (purchase or sale) conditions of the customer.
0.1.5 If and to the extent any provision of the Terms is declared invalid or unenforceable, the remaining provisions of the Terms remain in effect. MaikelVE and customer shall then consult with each other on a new provision to replace the null / nullified stipulation, with the intent of the null / nullified stipulation being taken into account.
0.1.6 MaikelVE is entitled to amend these terms and conditions at any time. Changes will apply in respect of agreements already concluded with a notice period of 30 days after written notification of the change. If the customer does not accept the changes prior to the date of implementation or on receipt of the notice of change the agreement will be terminated. In this case no (partial) refund of fees will be paid.
A subscription to a MaikelVE web site provides access to MaikelVE’s mail servers. All subscriptions include an unlimited number of email accounts. A subscription to a MaikelVE web site automatically gives the user the right to set up a website. The amount of available disk space depends on the type of subscription chosen.
Subscriptions always run 12 months. 30 days before a subscription expires, this subscription will automatically renew, except if the subscription is canceled as specified in section 1.5.
For the customer, an online order is entitled to undo the purchase, with the customer having up to 14 days to refrain from his order. However, domains are unique and web hotels are individually customized and set up for the domain. With regard to prompt delivery of the ordered, MaikelVE will generally start setting up and preparing the ordered as soon as the order has been received. The customer accepts when making the order that any right to refrain from the purchase will automatically expire when MaikelVE has begun with the creation and completion of the order.
It is not allowed to store large amounts of data on the server that can be downloaded or requested free of charge without prior permission from MaikelVE.
However, you should not exceed the total disk size of your website. You can view your disk usage through your control panel. Once you’ve reached the total disk usage, you’ll receive an email from us and you can upgrade your package.
Illegal material may not be stored on MaikelVE’s servers, which may be illegal pictures or video clips, other file types, or links to illegal pictures or such material. Illegal material is for example, but not limited to, copyrighted material or other material that you may not publish or store by law. It is not allowed to store erotic, pornographic or other offensive material on MaikelVE’s servers. It is the decision of MaikelVE and MaikelVE only to determine whether materials belong to any of the above categories and the company reserves the right to erase such material without prior notice. In the event that such material is removed, the customer can not file a claim with MaikelVE regarding the decision.
Traffic is basically unlimited. But traffic should be reasonable and not disturb traffic from other users. If a customer’s traffic disrupts the traffic of other customers, MaikelVE reserves the right to close the first-mentioned customer’s web site without notice and / or a separate rate for traffic. MaikelVE reserves the absolute right to decide whether or not traffic is excessive. If a webhotel is closed, no refund will be granted on the subscription fees paid in advance.
Unwanted (spam) mail can not be sent from MaikelVE’s servers. In the event that this rule is violated, MaikelVE reserves the right to inform the relevant authority and log in to that authority. MaikelVE reserves the right to require payment for the work that has been provided to pass such information to the relevant authority.
Everything about usage in a row:
1.1.1 MaikelVE has an obligation regarding the availability of the server and the network, according to the service level agreement. MaikelVE is not liable if this level is not achieved at any time.
1.1.2 MaikelVE is not liable for failure or unavailability due to force majeure, as well as failures in the Internet or from other providers, power failures, third party fraud or failure or unavailability of a similar site.
1.1.3 The Customer may not use the Services and / or provided disk space in the event of the following:
a. Actions and or behavior contrary to the applicable legal provisions, Netiquette, or the guidelines of the Advertising Code Committee;
b. Sending unsolicited email and / or posting large numbers of newsgroups on the Internet posting of a message with the same content (spamming);
c. Violating copyright works or otherwise violating the intellectual property rights of third parties;
d. Publication or dissemination of criminal acts and / or video or audio material, including child pornography, racist material and discriminatory statements;
e. Sexual harassment or harassment of any other kind;
f. Access without consent from other computers or sites on the Internet or an intranet, whether or not any security is breached and / or access is gained by a technical intervention using false signals or a false key, or by adopting a false identity (hacking);
g. Spreading computer viruses;
h. Any other act in violation of the law, the code of conduct, as well as what is proper in society.
1.1.4 The Customer is not allowed to rent or to offer use by third parties of available disk space. This article only applies to web hosting and vps not hosting, reseller hosting and cloud servers.
1.1.5 MaikelVE is in the following cases allowed, with immediate effect to completely block all use or remove a Customer’s website from the server without notice and without giving reason. In this case the Customer does not have any right to compensation and is required to refund all damages as a result of the offence to third parties. Non-payable subscription fees will be returned or settled:
a. If a customer violates the provisions of ‘3. General’ or if there is a serious suspicion that a violation exists;
b. If a Customer’s website or part of the website causes, or is likely to cause the ‘interruption’ or the unavailability of a MaikelVE server;
c. If it appears that the Customer gave false and / or incorrect personal or business information;
d. If it appears that the Customer Agreement was entered into under false pretences.
1.1.6 MaikelVE has no influence on the information provided on the site or distributed through the servers and is not liable for any consequences. Nor is MaikelVE liable for the disclosure of confidential information. The Customer is responsible for the use of credit card payments and acceptance mechanisms or the use of electronic money through the site or otherwise.
1.1.7 The Customer is responsible for exceeding the agreed amount of traffic in accordance with the agreed terms.
1.1.8 If the Customer exceeds the agreed amount of data, MaikelVE is entitled, on the basis of actual costs to levy a charge. The standard costing rate is €1,50 per Giga Byte.
1.1.9 The Customer is responsible for regular backup of all files on the server. MaikelVE has no responsibility for any loss of data or resulting damage.
1.1.10 MaikelVE is entitled to close an application (temporarily) without prior notice and / or limit the extent necessary for required maintenance or improvement of the system or the application’s use.
1.1.11 The temporary unavailability or reduced availability of the Customer’s application gives no right to any refund of (part of) an invoice.
1.1.12 The Customer is expressly prohibited to use IRC (Internet Relay Chat), or any other similar programs.
1.1.13 The Customer is expressly not allowed to set up a Chat service.
1.1.14 The Customer is expressly not allowed to set an (anonymous) proxy.
1.1.15 MySQL databases are subject to Fair use policy (both number and storage). In extreme cases, MaikelVE may restrict the number of databases and / or storage.
1.1.16 The customer is expressly prohibited from using MaikelVE servers as a backup and / or file storage (other than the for the site of a Customer and possibly some backups thereof), including the provision of file, picture or video sharing and use of web space service as a backup medium. Cloud Servers are allowed.
1.1.17 Unlimited data traffic is available only on the basis of Fair Use Policy.
1.1.18 DDoS attacks and maintenance are excluded from the uptime guarantee offer.
MaikelVE offers unlimited access to standard scripts and the use of other scripts. However, the use of other scripts is only allowed as long as this does not unreasonably load the servers.
1.3. Duration of subscription
A subscription is active until it is terminated by one of the parties involved in terms of the above terms.
1.4. Subscription Changes
A subscription to a web hotel can be changed at any time to a more expensive subscription type. An already paid subscription tariff is deducted from the price of the new subscription. Changes to lower priced subscriptions can only be made at the end of a subscription period and only if the customer has notified us of this at least 60 days before the expiration of the current subscription period.
1.5. Cancellation of subscription
The customer can terminate the subscription at any time. The subscription has a duration of 12 months, and is automatically renewed, 30 days before the end of the subscription period. Therefore, a notice must be received by MaikelVE no later than 30 days before the end of the subscription period.
Any prepaid subscription fees will not be refunded. If a notice is not received by MaikelVE in time, the customer is obliged to pay the subscription fee for the next 12-month period.
The customer can terminate by contacting MaikelVE Support or via the My MaikelVE Group control panel. MaikelVE then sends an email containing a link that can terminate the subscription. The e-mail will be sent to the e-mail address registered in the subscription contact details. The customer must click on the link and then confirm the cancellation by entering the password that belongs to the subscription. The customer can also terminate by sending a signed letter.
If the subscription is ordered on January 1, 2016, the subscription is valid until December 31, 2016. If the customer does not wish to continue the subscription the following year (2017), the subscription must be terminated before November 30, 2016.
As soon as MaikelVE has received a notice, the customer will be notified automatically. This is displayed on the front page of the customer’s control panel control panel. The customer also receives a confirmation of MaikelVE’s e-mail notification. If the customer can not see such confirmation within eight days on the front page of the MaikelVE control panel, it must send a new cancellation.
If MaikelVE chooses to terminate a specific subscription type or special service, MaikelVE can terminate the subscription with a 5-day notice period. In such cases, the unused portion of prepaid amounts will, of course, be reimbursed. The subscription may not be used to gain unauthorized access to systems that are connected to the Internet. If MaikelVE is aware of such activities or criminal activities, the subscription, regardless of the country where the violation is under the law, will be terminated immediately and MaikelVE reserves the right to forward all relevant information to the relevant authorities. MaikelVE also has the right to terminate a subscription without prior notice immediately and without compensation or refund in any form whatsoever if the customer does not comply with these Terms and Conditions, if a party discards or misuses the tools available on the internet, the functionality interfering with the Internet, violating the etiquette that applies at a particular time, for example, by reading information about the private affairs of others or otherwise causing users of internet inconveniences. Data from homepages and mailsystems are generally deleted seven days after termination of a subscription.
MaikelVE is entitled to terminate the agreement without notice and / or judicial intervention with immediate effect if:
1. Client in the event of bankruptcy has been declared;
2. Customer has requested or obtained a provisional or definitive surseance of payment;
3. Customer has lost its assets (part of) its assets;
4. MaikelVE Reasons to doubt Customer’s ability to pay (in time) to fulfill its obligations under the Agreement.
MaikelVE is entitled to terminate or terminate the agreement without immediate intervention with immediate effect
1.6. Operational reliability
MaikelVE reserves the right to restrict / reduce the use of products if required for operational or safety reasons. In case of operational or security reasons, MaikelVE reserves the right to access the customer’s user data. In such cases, the staff of MaikelVE will be held with professional secrecy. All other access to user data requires customer acceptance or a court.
Although spam and virus filters made available to the customer minimize the risk of receiving unwanted mail, MaikelVE does not guarantee that customers will not receive unwanted mail.
When ordering a domain, the buyer / cardholder must declare that the person signing in accepts that the use of the domain name does not violate the name or trademark rights of third parties or otherwise violate the law.
Domain names are always registered on the customer’s own name and at the customer’s request.
MaikelVE only functions as a mediator. MaikelVE will inform the customer when registration of the domain name is a fact. MaikelVE is no longer responsible for the domain name when it has been terminated, moved away, or when the web space has been deleted.
The domain name is “registered with” / “delegated to” the partners of MaikelVE. These may be with domain registrars or directly with the individual domain administrator of the relevant top-level domain. At the end of each subscription period, the customer receives an invoice from MaikelVE for the annual domain tariff, unless otherwise specified. This is regardless of whether the domain name uses the MaikelVE DNS servers or that third-party servers are used.
In the event of incorrect domains being ordered (spelling mistakes, name errors or the like), the registration fee will not be refunded. However, MaikelVE will attempt to correct the domain name as long as the registration has not yet taken place. If MaikelVE is responsible for sending an incorrect order of a domain, it will refund the registration fee or provide registration with the correct domain name.
It is the responsibility of the customer to notify MaikelVE and any top level domain registries of changes in address or other contact information.
Everything about Domains in a row:
2.0.1 Request and use of a domain and / or IP addresses are subject to the prevailing rules and procedures of the relevant registration authorities, including but not limited to the Foundation for Internet Domain Registration in the Netherlands. The relevant body decides on the granting of domain and / or IP addresses. MaikelVE only plays a mediating role in the application and does not guarantee that a request will be honored.
2.0.2 Domain names are registered in the name of the Customer and the Customer is entirely responsible for the use of the domain and the domain name. The Customer indemnifies MaikelVE against all claims from third parties in connection with the use of the domain name. This also applies to anonymous domains.
2.0.3 If the customer has registered the domain name anonymously with MaikelVE, MaieklVE has the right at any time to declare the account holders personal data to any third party.
2.0.4 In the case of anonymous domains, the customer shall be responsible for the domain name. Any costs incurred will be recouped from customers.
2.0.5 It is not permitted to register anonymous domain names, which are filed as a trademark or registered with the Chamber of Commerce.
2.0.6 MaikelVE reserves the right to modify anonymous domain customer data.
2.1. Special conditions for the individual top level domains
Special conditions that may apply to individual top level domains. More info: https://pro.maikelve.com/privacy
2.2. Domain Running Policy
Domain Progress Policy: https://pro.maikelve.com/en/privacy
Prices are indicated including 21% VAT and are subject to any errors. All prices and prices quoted by MaikelVE are in euro unless otherwise stated in writing and in writing. MaikelVE is entitled at any time to adjust its prices and rates. The announced price changes apply 1 week after the announcement. Customer is entitled to terminate the agreement by the date of entry into force of the change. Cancellation must take place via the customer panel.
Subscribers of the products of MaikelVE should be 18 years of age or older. If this is under 18, it must send the written consent of his / her parent (s) / guardian to firstname.lastname@example.org.
3.1. Use of customer data
A subscription to a web hotel at MaikelVE includes automatic registration of the customer’s name, address and e-mail address in MaikelVE mailing list.
Customers who do not wish to be registered in this way must notify MaikelVE of this.
3.2. Address details
Customers are required to inform MaikelVE of their current residence and e-mail address. This can be done through the Control Panel, where the address and e-mail address can be changed. In the absence of this, Customer is liable for any damages suffered by Customer or MaikelVE.
3.3. Payment of subscriptions
Subscriptions to web hosting services – regardless of the type of subscription – must be paid 12 months in advance. Prepaid amounts will not be refunded unless expressly stated elsewhere in these Terms and Conditions.
4. Payment conditions
For all payments made online by the customer using bank transfer, no additional fee will be charged. When sending the invoice by mail (not e-mail), MaikelVE reserves the right to charge an amount for the expenses incurred. The products / services of MaikelVE are specially adapted to the wishes of the customer and the latter is not entitled to declare the contract null and void. Payment terms are without exception within fourteen (14) days, unless a special agreement has been reached.
4.1. Payment Reminders
With every reminder that is sent to the Customer, MaikelVE is obliged to charge € 55,00 administration costs, as well as temporarily disable the Subscription from the customer. If the customer has not paid the amount due within the givven days, interest will be charged (without prior notice) from the payment date, in accordance with the current legislation in the field of interest (1% per month for the Netherlands & Belgium).
MaikelVE reserves the right to transfer claims to a third party. MaikelVE can also immediately cancel the contract at its own discretion and delete the domain of the customer or close the subscription as a result of late payment.
4.2. Transactions Costs
The following transaction costs will be charged:
|Payment Method||Fixed amount*||Percentage**|
|Direct Debit||€ 0,20||1,20%|
|KBC Bank||€ 0,25||0,90%|
|Belfius Bank||€ 0,25||0,90%|
|ING Home Pay||€ 0,25||0,90%|
|Credit Card||€ 0,25||2,90%|
*: Total amount + Fixed amount
**: Total amount (+ Fixed amount) + Percentage (Is calculated on the Total amount)
MaikelVE reserves the right to not refund the transaction costs in the event of a refund.
4.3. Payment obligation
The payment obligation of the Customer commences on the day the agreement is concluded. The payment relates to the period that starts on the day of the actual provision of MaikelVE’s Services.
Customer’s sole discretion on suspension, deduction or deduction is not permitted. In case of non-payment, MaikelVE will hand over the debt collection. In that case, the Customer shall be liable for payment of the principal, the interest and remuneration due thereon to the compensation of all damages suffered by MaikelVE, as well as all extra judicial and judicial costs. The amount of extra judicial costs amounts to at least 15% of the principal amount, with a minimum of €238,00 including VAT.
If Customer considers that an invoice is incorrect, Customer may notify MaikelVE of his objections within fourteen (14) days after the invoice date. After receiving the objection, MaikelVE will investigate the situation. In the event of non-timely submissions, the invoiced or collected amount is deemed to be correct and accepted by Customer.
5.0.1 The customer’s subscription to MaikelVE is entirely at his / her own risk. MaikelVE can not be held responsible for the content, including accuracy, legality, completeness, etc. of the information received or sent by the customer via the internet. MaikelVE can not therefore be held liable for loss – directly or indirectly – intangible knowledge or other circumstances arising from the use of information found on the internet. MaikelVE can not be held liable for losses or other circumstances that may arise due to the non availability of access to services or information on the internet, regardless of the reasons for this. MaikelVE accepts no liability for any loss of personal information, including loss or damage to installed software, etc. MaikelVE accepts no liability for access acquired by unauthorized persons to the customer’s data or systems or damage as a consequence. The customer is responsible for all costs relating to orders for services over the internet and the use of payment systems on the Internet. Exemption from liability as described in these General Terms and Conditions also applies in case of gross negligence by MaikelVE.
5.0.2 MaikelVE in its activities depends on the cooperation, services and supplies from third parties. Where MaikelVE can exercise little or no influence MaikelVE is not liable for any damage arising from the relationship between the Client and MaikelVE or the termination thereof, regardless of whether the damage occurred during or after the relationship with MaikelVE.
5.0.3 Any liability of MaikelVE for any other form of damage is excluded, including any form of additional compensation, compensation for indirect or consequential damages and damages for loss of earnings or sales and / or corruption or loss of data.
5.0.4 The Customer indemnifies MaikelVE of all claims from third parties in respect of damage caused by improper or careless use of the services provided to the Customer or by MaikelVE in any way. This shall include, but not be limited to a fine from SIDN for a removal of any domain name without the permission of the copyright holder and damages to a third party from whom the property is moved illegally.
5.0.5 If and insofar as MaikelVE is required to pay compensation or damages to the Customer, such compensation is only recoverable to a maximum of € 350, -.
5.0.6 The Customer is liable for all damages MaikelVE may suffer as a result of a Customer’s shortcoming in the fulfillment of the obligations arising from the agreement and these terms and conditions.
5.0.7 Changes to Customer data must be immediately notified in writing to MaikelVE. In the absence of this, a Customer is liable for any damages the Customer or MaikelVE suffer as a result.
5.1. Jurisdiction and choice of law
5.1.1 In all cases where these Terms and Conditions are not provided, MaikelVE decides.
5.1.2 All disputes between MaikelVE and the Customer shall be governed by Belgian law.
5.1.3 All disputes between MaikelVE and the Customer shall be submitted exclusively to the competent court in the district of Vilvoorde.