General conditions

These general terms and conditions are the terms and conditions of OnlineLabs, hereinafter referred to as “OnlineLabs”, having its registered office in Amsterdam and its principal place of business at Herengracht 221 in the trade register of the Chamber of Commerce for Amsterdam under file number 34368510, under which file number these terms and conditions have also been filed. Applicability

  1. These terms and conditions apply to all offers or quotations and acceptances by OnlineLabs and all related (legal) actions between OnlineLabs and the client (hereinafter collectively referred to as “Parties”), or the client’s legal successor(s).
  2. To the extent that the client would refer to other (general) terms and conditions in its offer or acceptance, their applicability is expressly rejected, or at least these general terms and conditions of OnlineLabs shall prevail in case the client’s general terms and conditions may also be applicable.
  3. If and insofar as any provision of these general terms and conditions is nullified or annulled, the other provisions of these general terms and conditions shall remain in full force and effect. In that case, the parties will agree on a new provision to replace the void or voided provision, taking into account as much as possible the scope of the void or voided provision.
  4. In case of conflict between provisions of an agreement between Parties and these general terms and conditions, the provisions of the relevant agreement shall prevail.
  5. Changes to the contract between the Parties and deviations from these general terms and conditions will only be effective if they are agreed to in writing. OnlineLabs is entitled at any time to change or supplement the prices, services and general terms and conditions. Changes shall also apply to agreements already concluded between the Parties. If the client does not wish to accept a change, the client must notify OnlineLabs in writing with reasons within 1 week of becoming aware of the change. OnlineLabs may then reconsider the change. If OnlineLabs does not subsequently withdraw the change, the client may within 7 days thereafter terminate the Agreement by this date.
  6. These terms and conditions can be found on this page and downloaded there in pdf format. The terms and conditions will be sent free of charge upon request.

Quotes

  1. Quotes and other offers from OnlineLabs are without obligation and should be considered as an invitation to make an offer to enter into a contract between the Parties.
  2. All offers and quotations from OnlineLabs are held for 30 days unless otherwise stated.

Execution of agreement

  1. Client guarantees the accuracy and completeness of the data provided by or on behalf of her to OnlineLabs on which OnlineLabs bases its offer or quotation. If such data turns out to be incorrect or incomplete, OnlineLabs has the right to change the offer or to charge for work based on that data.
  2. The contract to be entered into between OnlineLabs and the client is in the nature of an obligation to perform to the best of one’s ability, unless and insofar as OnlineLabs has expressly promised a result in the written contract and the result in question is also described with sufficient definiteness in the contract. OnlineLabs makes no guarantees regarding results to be achieved.
  3. OnlineLabs works according to Google webmaster guidelines.
  4. Any service level agreements will be agreed upon in writing per Service Level Agreement.
  5. Delivery deadlines stated in the contract do not count as deadlines, unless the Parties have expressly agreed otherwise in writing. Exceeding by OnlineLabs of a delivery date does not qualify as a shortcoming attributable to OnlineLabs and does not justify the dissolution of the contract by the client, nor does it thus result in OnlineLabs being liable for compensation for any damages suffered by the client as a result of the actual longer delivery date.
  6. If it has been agreed that the assignment will be carried out in phases, OnlineLabs is entitled to delay the start of the services belonging to a subsequent phase until the client has approved results of the preceding phase in writing and/or when an (instalment) payment has not yet been paid in full or in part.
  7. OnlineLabs is not obliged to follow instructions that change or supplement the content or scope of the agreed services; if such instructions are followed, the work in question will be compensated in accordance with OnlineLabs’ usual rates.
  8. OnlineLabs is entitled to have all or part of the agreement executed by third parties, or at least to engage third parties in the execution of the agreement.
  9. Delivered services will be considered accepted between the Parties if the client has not, within 5 working days after delivery of the relevant services, provided written and detailed justification as to why the services delivered by OnlineLabs are not accepted. If the client’s feedback is within the scope of the agreement, OnlineLabs must replace or modify the services within a reasonable period of time. If the client again does not accept the services, the Parties will go through the acceptance process again.
  10. The risk of loss, theft, embezzlement or damage to items, products, information, data, documents or programs created or used in the performance of the agreement shall pass to the client at the time they are placed in the client’s control.
  11. OnlineLabs is entitled to suspend the fulfillment of the contract between the Parties if the client fails to fulfill the obligations under the contract, in full or in a timely manner.
  12. Upon cancellation, termination or dissolution, for any reason, OnlineLabs shall be entitled to immediately delete or make inaccessible all stored data and cancel all client accounts. OnlineLabs shall have no obligation to provide client with a copy of such data in such case.

Prices and payment

  1. All prices are exclusive of sales tax, other government levies and costs incurred by OnlineLabs directly related to the execution of the agreement between the parties. These costs may include travel expenses, transportation costs and invoices from hired third parties.
  2. Unless expressly agreed otherwise, price estimates, budgets, budgets and/or pre-calculations by OnlineLabs are indicative only and no rights or expectations can be derived from them. Only when the parties have agreed, OnlineLabs is obliged to inform the client if a pre-calculation or budget is exceeded.
  3. If written determination of the fee for OnlineLabs has not taken place, OnlineLabs is authorized to determine it based on its usual (hourly) rates.
  4. If it turns out that the client has supplied incorrect or incomplete information, then the client is obliged to reimburse OnlineLabs for the work and costs incurred due to delay in accordance with OnlineLabs’ usual (hourly) rates.
  5. The parties will stipulate in their agreement the date or dates on which OnlineLabs will invoice the client for services. In the absence of a specific arrangement, the client will pay within 14 days of the invoice date.
  6. If the client fails to pay amounts due on time, the client shall, without the need for any reminder or notice of default, owe statutory commercial interest on the outstanding amount. OnlineLabs is entitled to charge €100 administrative costs for sending a reminder. If even after a reminder, payment fails to occur, the client will be in default without notice of default and extrajudicial collection costs of 15% of the total invoice amount, with a minimum of € 100. In case the client is a natural person, not acting in the exercise of a profession or business, the minimum amount for extrajudicial collection costs is € 40 in accordance with the Decree on compensation for extrajudicial collection costs.
  7. OnlineLabs has the right to retain services, login information, data and other information still in OnlineLabs’ possession if the client fails to meet her payment obligation, until the client does meet her payment obligation, regardless of whether the delay in payment relates to the services, etc. that OnlineLabs still retains.
  8. During the term of an agreement, OnlineLabs is entitled to increase the prices for its services annually, effective January 1, in accordance with the price index figure for the previous calendar year, plus a maximum of 10%. OnlineLabs is entitled to implement the cost increase at a later date if it deems it appropriate from an administrative point of view.
  9. Comments or complaints about invoices, bills and declarations sent must be made in writing, stating reasons, within 14 days of receipt of the relevant invoice, bill or declaration, failing which they shall be deemed to have been accepted. Such complaints do not suspend the client’s obligation to pay.
  10. OnlineLabs is entitled to invoice the client in the interim, after delivery or completion of an order and/or on the basis of advances, to settle, or to require security for fulfillment by the client.
  11. The client agrees to electronic invoicing by OnlineLabs. OnlineLabs will send an invoice by mail upon request.
  12. In the event of liquidation, bankruptcy, attachment or suspension of payments of the client, OnlineLabs’ claims against the client are immediately due and payable.

Modification and additional work

  1. The client accepts that the timing of the agreement may be affected if the scope of the agreement is extended and/or changed in the interim. If the interim change affects the agreed fee, OnlineLabs will confirm this to the client as soon as possible.
  2. If, pursuant to an amendment to the contract as a result of additional requests, wishes of the client or out of necessity, additional work must be performed by OnlineLabs (additional work), such work will be charged to the client on a post-calculation basis using the rates customary at the time, unless expressly agreed otherwise in writing.

Principal’s obligations

  1. The client is obliged to do and omit all that is reasonably necessary and desirable to enable timely and proper execution of the agreement with OnlineLabs.
  2. The client will ensure that all data and information, which OnlineLabs indicates are important or necessary or which the client should reasonably understand are necessary for the execution of the agreement, including information with respect to laws and regulations to be observed by OnlineLabs that are specific to the client’s industry, will be provided to OnlineLabs in a timely manner and will provide all cooperation required by OnlineLabs. The client is responsible for arranging any necessary certificates and/or permits. Quotes and offers from OnlineLabs and the contract subsequently concluded are based on the information provided by the client. The client guarantees the accuracy and completeness of the information provided to OnlineLabs.
  3. As long as all requested data has not been provided, OnlineLabs has the right to suspend the execution of the assignment and/or charge the client for additional costs resulting from the delay according to OnlineLabs’ then-current customary rates.
  4. Insofar as user names and/or passwords are provided by OnlineLabs as part of the agreement between the parties, the client is prohibited from providing these user names and/or passwords to third parties without OnlineLabs’ permission.
  5. The client grants an exclusive power of attorney to OnlineLabs to perform all actions OnlineLabs deems necessary in setting up and managing SEA campaigns and performing SEO work. To the extent that SEA and SEO-related work is performed by third parties for the client, the client must notify OnlineLabs in a timely manner.
  6. The costs charged by the search engines related to the SEA campaigns should in principle be paid directly by the client, without the intervention of OnlineLabs, to the relevant advertising platform. OnlineLabs cannot be held responsible for the consequences of payment delays and balance shortfalls on the part of the client.

Intellectual property

  1. Unless otherwise provided for in the agreement, all intellectual property rights (hereinafter referred to as “IP Rights”) vested in all services rendered under the agreement as well as any other designs, corporate identities, materials or information made available to the client by OnlineLabs are vested solely in OnlineLabs and/or its licensors.
  2. Nothing in these general terms and conditions and/or the agreement between the Parties implies a transfer of IP Rights. The Client only acquires the non-exclusive and non-transferable right to use the Services for the purposes and under the conditions specified in the Agreement.
  3. The client should mention the name of OnlineLabs whenever possible with the services provided. OnlineLabs expressly does not waive its personality rights mentioned in Article 25 Copyright Act.
  4. OnlineLabs is permitted to use the services and materials used for the execution of the agreement, such as designs, drawings, films, software, (electronic) files, reports, formats, interviews and the client’s logo, brand and/or trade name for the purpose of promotion and/or publicity of OnlineLabs.
  5. If it is irrevocably established in court that the services developed by OnlineLabs itself infringe any IP right belonging to a third party, or if in the opinion of OnlineLabs there is a good chance that such an infringement will occur, OnlineLabs will, if possible, ensure that the client can continue to use the service (or something functionally equivalent) undisturbed. If, in its sole judgment, OnlineLabs cannot or cannot otherwise than in a manner unreasonably burdensome to it (financially) ensure that the client can continue to use the delivered service undisturbed, OnlineLabs will take back the delivered service for credit of the acquisition costs less a reasonable user fee. Any other or further liability or indemnification obligation of OnlineLabs for infringement of IP rights of a third party is entirely excluded.
  6. The client shall indemnify OnlineLabs against all third party claims regarding IP rights on the information and documents provided by it to OnlineLabs, which are used in the execution of the agreement.
  7. By violation of this provision by the client, the client shall forfeit an immediately due and payable fine, not subject to judicial mitigation, of €1,000 per day or part of a day, without prejudice to OnlineLabs’ right to be compensated for its damages due to the violation or to be allowed to take other legal action in order to have the violation terminated.

Privacy and cookie policy

  1. OnlineLabs’ privacy and cookie policy can be read here. This page contains information about what data OnlineLabs collects online and offline from, for what purpose this data is collected, how long the data is stored and, among other things, contact information for the purpose of retrieving, viewing and deleting stored data; to do so, please contact Imre Bernáth at hallo@OnlineLabs.nl or 020 820 20 22. The client consents to the processing of the aforementioned data.
  2. OnlineLabs will enter into a processor agreement with its clients if required by applicable laws and regulations. By means of the client’s agreement to the processor agreement, the client has given or will give explicit consent to the processing of personal data. Client is fully responsible for compliance with applicable privacy laws and regulations.
  3. OnlineLabs will take, maintain and, if necessary, adapt appropriate technical and organizational measures to secure the personal data it processes on behalf of the client to prevent unlawful processing.
  4. The client guarantees that any provision of (personal) data to OnlineLabs is lawful and that the processing of such data does not violate any applicable privacy laws and regulations.
  5. Client shall indemnify OnlineLabs against all claims due to or in connection with invasion of privacy.
  6. OnlineLabs gives its customers the option to install a Cookie consent plugin that complies with AVG legislation if this is not used then OnlineLabs is not responsible for any consequences.

Secrecy

  1. The Parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if it has been communicated by the other Party or results from the nature of the information.
  2. The client shall not copy or otherwise make the confidential information available to third parties.
  3. The client shall not use the confidential information for any purpose other than that for which such information was provided by OnlineLabs and the client shall not use and/or apply such information in any manner other than as directed by OnlineLabs.
  4. The client is obliged to bind its owners, directors, management, employees, auxiliaries, agents and subcontractors to the same confidentiality obligations in writing as the client, prior to obtaining confidential information.
  5. In case of violation of one or more obligations in this article, client shall owe OnlineLabs an immediately payable fine of €5,000 per violation for each day or part of a day that a violation continues. Client shall refrain from seeking judicial mitigation of the penalty and this penalty shall not affect OnlineLabs’ right to full damages in accordance with the law.
  6. The provisions of this article remain in effect even after termination or dissolution of the agreement.

Interim termination

  1. An agreement shall commence on the date as described in Article 2 and for the period as agreed between the Parties in writing and shall terminate by operation of law on the date agreed between the Parties or at the time that the provision of services is completed and/or the assignment is completed.
  2. OnlineLabs is authorized to terminate the agreement in writing at any time.
  3. In the case of continuing agreements, the client may terminate the agreement prematurely in writing, observing a notice period of 1 month.
  4. If OnlineLabs is unable to deliver by its own suppliers, regardless of the reason, as a result of which fulfillment of the contract between the parties cannot reasonably be required of OnlineLabs, then the performance of the contract will be suspended or – at OnlineLabs’ option – the contract will be terminated when the said situation has lasted for more than 90 days, all without any obligation to pay damages.
  5. OnlineLabs is entitled to dissolve the agreement in whole or in part in the event of bankruptcy or suspension of payments of or seizure of the client, as well as in the event of shutting down or liquidation of the client’s business other than for the purpose of reconstruction or amalgamation of companies and if the client can no longer freely dispose of its assets.
  6. In the event of dissolution of the contract, there will be no undoing of what OnlineLabs has already delivered and/or performed and the related payment obligation, unless OnlineLabs is in default. Amounts that OnlineLabs has invoiced prior to the dissolution in connection with the performance of the contract and which OnlineLabs has duly performed or delivered will remain due in full, subject to the provisions of the previous sentence, and will become immediately payable at the time of dissolution.
  7. If the agreement is dissolved, all rights granted to the client shall lapse. The client shall then no longer be entitled to use the service(s) provided.
  8. Articles which by their nature are intended to continue to apply after the end of the agreement shall remain in full force and effect after termination of the agreement.

Complaints

  1. Complaints about the services and work performed, products and, for example, designs by OnlineLabs must be reported by the client to OnlineLabs in writing and substantiated within 10 working days after discovery, but no later than 10 working days after completion of the work in question, failing which the client shall be deemed to have fully accepted the result of the assignment or agreement. The notice of default must contain as detailed a description as possible of the alleged shortcoming so that OnlineLabs is able to respond adequately.
  2. If a complaint is reported later than the deadline set in the previous paragraph, the client is no longer entitled to have the complaint handled or compensation for damages.
  3. If it is determined that a complaint is unfounded, then the costs incurred as a result, including research costs, on the part of OnlineLabs as a result, will be borne in full by the client.
  4. Filing a complaint never suspends the client’s payment obligations.

Availability of services provided

    OnlineLabs will make every effort to:

  1. uninterrupted availability of its systems and networks, and to realize access to data stored by OnlineLabs, but offers no guarantees in this regard unless otherwise agreed in the offer, agreement or the electronic ordering procedure by means of a Service Level Agreement designated as such (hereinafter: “SLA”). Unless otherwise provided in such SLA, the provisions of this article apply to availability;
  2. keep the software it uses up-to-date. However, OnlineLabs is dependent on its supplier(s) in this regard. OnlineLabs is entitled not to install certain updates or patches if, in its judgment, this will not benefit proper delivery of its service(s);
  3. ensure that the client can use the networks directly or indirectly connected to OnlineLabs’ network. However, OnlineLabs cannot guarantee that these networks (of third parties) will be available at any time;
  4. in case of unavailability of the one of the services or delivered website, due to breakdowns, maintenance or other causes, to inform the client about the nature and expected duration of the interruption;
  5. OnlineLabs has the right to temporarily take its systems, including the website, or portions thereof out of service for maintenance, modification or improvement. OnlineLabs will attempt to have such taking out of service as much as possible outside business hours and make every effort to notify the client in a timely manner OnlineLabs shall, however, never be liable to pay compensation for damages in connection with such taking out of service.
  6. OnlineLabs has the right to modify its systems, including the website created for the client, from time to time to improve functionality and to correct errors. If a modification results in a significant change in functionality, OnlineLabs will make every effort to notify the client.
  7. If, in the opinion of OnlineLabs, a danger arises to the functioning of the computer systems or the network of OnlineLabs or third parties and/or of the service over a network, in particular by excessive sending of e-mail or other data, poorly secured systems or activities of viruses, trojans and similar software, OnlineLabs is entitled to take all measures it reasonably considers necessary to avert or prevent this danger.

Force majeure

  1. All delivery terms shall be extended by the period, during which OnlineLabs is prevented from fulfilling its obligations due to force majeure.
  2. There is force majeure on the part of OnlineLabs if OnlineLabs after the conclusion of the agreement with the client is prevented from fulfilling its obligations under the agreement or the preparation thereof, for example as a result of war, threat of war, civil war, terrorism, riots, acts of war, fire, water damage, flooding, strikes, sit-down strikes, lockouts, import and export restrictions, government measures defects in machinery, disruptions in the supply of energy, sudden currency changes and reasonably unforeseeable cyber attacks, synflood, zerodays, network attack(s), DoS or DDoS-attacks, all this both at the company of OnlineLabs and at third parties, from whom OnlineLabs has to obtain the required services in whole or in part and furthermore due to all other causes, outside the fault or risk environment of OnlineLabs.
  3. In cases of force majeure, after 90 days of force majeure, OnlineLabs is entitled, without legal intervention, either to suspend the execution of the contract or to dissolve the contract, without being liable for any compensation. If the force majeure situation occurs when the agreement has been partially executed, the client is obliged to fulfill its obligations to OnlineLabs up to that time. All costs incurred by OnlineLabs up to that point will be immediately due and payable in full.

Limitation of liability

  1. The liability of OnlineLabs for breach of its obligations and/or in tort shall be limited to compensation for direct damages suffered by the client up to the amount paid to OnlineLabs by OnlineLabs’ insurer, including OnlineLabs’ deductible, or up to a maximum of the fees received by OnlineLabs from the client under the relevant agreement for the 3 months preceding the damaging event. This limitation of liability applies per year, regardless of the number of events causing damage.
  2. Direct damages include only: i) reasonable costs which the client would have to incur to make the performance of OnlineLabs comply with the agreement; however, these substitute damages shall not be compensated if the agreement is rescinded by or at the request of the client; ii) reasonable costs incurred by the client for keeping its old system(s) and related facilities operational longer out of necessity because OnlineLabs failed to deliver on a final delivery date binding on it, less any savings resulting from the delayed delivery iii) reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of the agreement; iv) reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs led to the limitation of direct damage within the meaning of the agreement between the Parties.
  3. Any liability of OnlineLabs for other than direct damages (and thus indirect damages), including – but not limited to – consequential damages, loss and/or damage to data loss of profits and loss of sales, is excluded.
  4. The limitations mentioned in previous paragraphs of this article shall lapse if and to the extent that the damage is the result of intentional or deliberate recklessness of OnlineLabs or its executives.
  5. The liability of OnlineLabs for attributable failure to perform a contract shall in all cases arise only if the client gives its prompt and proper written notice of default, setting a reasonable time to remedy the attributable failure, and OnlineLabs remains attributably in breach of its obligations even after that time, except in the case of a continuing attributable failure.
  6. A condition for the emergence of any right to compensation is always that the client reports the damage to OnlineLabs in writing as soon as possible after its occurrence. Any claim for damages against OnlineLabs expires by the mere lapse of 1 year after the claim arose.
  7. Use of OnlineLabs’ services by the client is entirely at the client’s own risk and responsibility. The client shall indemnify OnlineLabs against third party claims arising from the client’s use of the services provided by OnlineLabs.
  8. The Client shall indemnify OnlineLabs for any claims for damages suffered in connection with the performance of the contract between the Parties, whether from third parties or not, the cause of which is other than willful misconduct or gross negligence on the part of OnlineLabs.
  9. All costs and damages incurred by OnlineLabs and third parties in the execution of the agreement between the Parties shall be entirely for the account and risk of the Client if such costs and damages are attributable to the Client.
  10. OnlineLabs accepts no liability for the possible presence of viruses on the information carriers it has supplied or data or software supplied or retrieved via the Internet. The client must test the supplied information carriers, data or software itself for the presence of viruses, malware, spiders, crawlers and the like.
  11. No liability is taken by OnlineLabs for information, freeware and shareware made available via the Internet or intranet. OnlineLabs assumes no liability for the accuracy of the information available or for the proper functioning of the software present, nor for the consequences thereof.

Website development

  1. OnlineLabs has the right to require written approval of a design and/or concept of the website to be created by OnlineLabs before starting development and to suspend development until such approval is received.
  2. Unless otherwise provided for in the agreement between the Parties, OnlineLabs grants the client the non-exclusive, non-transferable and non-sublicensable right to use the relevant website in accordance with the provisions of the agreement.
  3. OnlineLabs, during the development of a website, is in charge of the website. OnlineLabs shall not be liable for any damages caused to the website, data, databases and the like outside its intent or gross negligence.
  4. The client is responsible at all times for the use of the website. The client is not permitted to use the website for actions and/or conduct in violation of the contract, any applicable laws or regulations, public order, morality or in any other unlawful manner. The client shall indemnify OnlineLabs for all claims by third parties for violation of the foregoing.
  5. If the IP rights to all or part of the website belong to licensors of OnlineLabs, the client may be bound by the license terms and conditions of these third parties.
  6. If an acceptance test has been agreed upon, the website will be considered accepted on the first day after the test period, or, if OnlineLabs receives a test report as before the end of the test period, at the moment when the errors mentioned in that test report have been corrected, without prejudice to the presence of errors that do not prevent acceptance.
  7. Notwithstanding the foregoing, if the client discloses or otherwise uses the website for productive or operational purposes prior to the time of acceptance, the website shall already be considered fully accepted from the beginning of such use.
  8. If during the execution of the agreed acceptance test it is found that the website contains errors that hinder the progress of the acceptance test, the client will inform OnlineLabs in writing and in detail, in which case the test period will be interrupted until the website has been modified in such a way that such obstacle has been removed.
  9. If the agreed acceptance test reveals that the website contains errors, the client will inform OnlineLabs of the errors no later than the last day of the test period by means of a written and detailed test report. OnlineLabs will make best efforts to repair the reported errors within a reasonable time, where OnlineLabs is entitled to make temporary solutions or program workarounds or problem-avoiding restrictions in the website.
  10. The client may not withhold acceptance of the website on any grounds other than those related to the specifications expressly agreed upon between the Parties and also not because of the existence of minor errors, being errors that do not reasonably prevent commissioning of the website, without prejudice to OnlineLabs’ obligation to correct these minor errors, if applicable.
  11. OnlineLabs shall not be liable to repair any errors if they have arisen as a result of (i) any modification of the website, of whatever nature, not made by OnlineLabs; (ii) use of the website in a manner not permitted under the agreement; (iii) improper use of the website, whether by the client or not; or (iv) input errors or errors related to the data used and/or provided by the client.
  12. If the website is delivered and tested in phases and/or parts, the non-acceptance of a particular phase and/or part shall not affect any acceptance of an earlier phase and/or another part.

Hosting

  1. Using the services of OnlineLabs, the client is prohibited from violating Dutch or other laws or regulations applicable to the client, or OnlineLabs, or from infringing on the rights of others.
  2. The client must ensure that unnecessary peak loads at OnlineLabs are prevented and that other OnlineLabs customers are not inconvenienced by the client’s structurally excessive use of OnlineLabs’ hosting services.
  3. If, in the opinion of OnlineLabs, hindrance, damage or other danger to the functioning of the computer systems or network of OnlineLabs or third parties and/or the provision of services via the Internet arises, in particular by excessive sending of e-mail or other data, DoS attacks, poorly secured systems or activities of viruses, trojans and similar software, OnlineLabs is entitled to take all measures it reasonably considers necessary to avert or prevent this danger. OnlineLabs may recover the costs reasonably necessary associated with these measures from the client if the client can be blamed for the cause.
  4. The client is not permitted to resell and/or re-let OnlineLabs’ products and services unless otherwise agreed.
  5. OnlineLabs maintains a complaint procedure by which third parties may file a complaint that in their opinion there has been such a violation of what is described in this article. If in the opinion of OnlineLabs a complaint is justified, OnlineLabs is entitled to remove or make inaccessible the material.
  6. In case of repeated complaints about the information offered by the client, OnlineLabs is entitled to dissolve and/or terminate the contract between the Parties.
  7. The client shall indemnify OnlineLabs for all damages resulting from the above. OnlineLabs shall not be liable for any damages suffered by the client as a result of any intervention by OnlineLabs in the complaint procedure.

Applicable law and competent court

  1. This agreement shall be governed by the laws of the Netherlands. The Vienna Sales Convention is hereby expressly excluded.
  2. A dispute shall be deemed to be present as soon as either Party so declares.
  3. The parties agree to try to resolve disputes first, in the presence of their legal advisors, before they will take legal action.
  4. All disputes which may arise between the Parties as a result of their agreement or further agreements and other actions in connection with this agreement, such as wrongful acts, undue payments and unjust enrichment, will be settled by the District Court of Amsterdam, except in so far as mandatory rules of jurisdiction would prevent this choice.

For inquiries: E-mail: hallo@OnlineLabs.nl Phone: 020 820 20 22 Contact person: Imre Bernáth