Terms and Conditions

Article 6. Execution of the Agreement

6.1. Webatleten shall execute the Agreement to the best of its knowledge and ability, all based on the then known state of science and technology.
6.2. Webatlete has the right in the execution of the Agreement to engage one or more third parties or to purchase services from third parties.

Article 7. Delivery Time

8.2. The Customer guarantees the accuracy, completeness and reliability of the information provided by him, even if it comes from third parties.
8.3. If the Customer provides Webatleten with electronic files etc., the Customer guarantees that this does not infringe property or copyright of third parties, as well as that the electronic files etc. are free of viruses and defects.
8.4. The Customer is responsible for the use and proper application in his organization of the Website and for observing instructions given by Webatlete.
8.5. If the Customer moves, then the Customer must inform Webatleten in writing of his new address as soon as possible beforehand.
8.6. If the Customer makes his own changes to the Website or has a third party make changes to the Website, the Customer is responsible for this.
8.7. The Customer warrants that Webatlete is permitted to make changes to codes of the Website written by a third party and that these changes do not infringe the intellectual property rights of a third party.
8.8. The Customer indemnifies Webatlete against claims by third parties, for whatever reason, in connection with acts and behaviors of the Customer (including acts and behaviors that violate the provisions of these General Terms and Conditions), his data traffic or the Content.
8.9. If the Customer imputably fails to perform, or fails to perform in a timely or proper manner, his contractual obligations or his obligations under the law towards Webatleten, or acts unlawfully towards Webatleten, then the Customer must compensate all damages (including costs) that Webatleten suffers or has suffered as a result.

Article 9. Login Information

9.1. If Webatleten receives login credentials from the Customer, Webatleten will handle these login credentials responsibly.
9.2. If the Customer changes login details of an account to which Webatleten is required to have access under the Agreement, then the Customer must notify Webatleten of his changed login details.
9.3. If an unauthorized third party learns of Customer login details and/or has access to a Customer account, Webatleten shall not be liable for this. In such a case, the Customer should change his login details as soon as possible and cooperate in limiting the damage resulting from the unauthorized use. If Webatleten detects a hackerattack/unauthorized use regarding login data and/or an account of the Customer, Webatleten will inform the Customer as soon as possible.

Article 10. SSL Certificate

10.1. Webatlete does not issue an SSL certificate itself. An SSL certificate is granted by a certificate authority. If an SSL certificate application submitted by Webatleten for the Customer is not honored or if an SSL certificate is revoked by a certificate authority, Webatleten is not responsible for this and Webatleten is not liable for the consequences.
10.2. The Customer must comply with the terms and conditions of the certificate authority.

Article 11. Domain

11.1. If the Client purchases domain name registration, Webatleten will apply for a domain name in the Client's own name and for the Client's account and risk.
11.2. The application and use of the Customer's domain name are subject to the applicable rules and procedures of the relevant registering authority. The registering authority is responsible regarding the application of the domain name. Webatleten is not responsible for honoring the application of the domain name. If the application for the domain name desired by the Customer is not honored, for example because a third party has previously applied for and/or obtained the domain name, Webatleten is not liable for this.
11.3. Domain registration is per year and cannot be changed.
11.4. Changing the domain registration counts as a new domain registration.
11.5. The Customer must comply with all laws and regulations and all conditions set by the registering authority when using the domain name. The use of the domain name is entirely under the responsibility of the Customer.
11.6. Webatleten shall never be liable or responsible for any damages resulting from the use of the domain name.

Article 12. Invoices and Payment

12.1. Webatlete will send invoices via email.
12.2. Payment must be made within 14 days of the invoice date, unless the parties have expressly agreed to another payment term.
12.3. If the Customer fails to pay an invoice on time, the Customer is legally in default. The Customer shall then owe interest of 2% per month, unless the legal commercial interest rate is higher, in which case the legal commercial interest rate shall be payable. The interest on the amount due and payable will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full. In addition, all costs of collection after the Customer is in default, both judicial and extrajudicial, shall be borne by the Customer. The compensation in respect of extrajudicial collection costs is set at least 15% of the principal amount owed with a minimum of €250.
12.4. Payments made by the Customer shall first serve to settle interest and costs due and then due and payable invoices which have been outstanding the longest, even if the Customer indicates a different order of allocation.
12.5. Complaints about an invoice must be submitted In Writing to Webatleten within 10 days of the invoice date. Objections to the amount of an invoice do not suspend the payment obligation.
12.6. The Customer is not entitled to set off or to suspend a payment.
12.7. Rights, such as rights of use to the Software, are granted to the Customer under the condition that the Customer has paid in full all fees due from the Agreements entered into between the parties.

Article 13. Complaints

13.1. Complaints about the Work, the Service or the Software must be reported by the Customer to Webatleten as soon as possible and in any case within 14 days after delivery.
13.2. The Customer must give Webatlete the opportunity to investigate a complaint and carry out remedial work within a reasonable time.
13.3. Repair work performed by a third party or by the Customer himself without Webatlete's permission shall never be reimbursed and shall not entitle the Customer to suspend payment.
13.4. The liability of Webatlete is at all times limited to what is included in article 14.
13.5. Complaints do not suspend the Customer's payment obligation.

Article 14. Liability and Statute of Limitations

14.1. Webatlete cannot be held to compensate for any damage that is a direct or indirect result of:
a. An event which is in fact beyond his control and thus cannot be attributed to his acts and/or omissions, as defined, inter alia, in Article 15 of these General Terms and Conditions;
b. Any act or omission by the Customer, his subordinates, or other persons employed by or on behalf of the Customer.
14.2 The Customer is responsible under all circumstances for the accuracy and completeness of the data and Content supplied by him. Webatleten shall never be liable for any damage (partly) caused by the incorrectness and/or incompleteness of the data and Content supplied by the Customer. The Customer indemnifies Webatleten against all claims in this regard.
14.3. Webatleten is not liable for the operation of (online) services, software, systems, themes, plug-ins, codes and products of third parties. If the Website does not or no longer functions properly due to adjustments in or updates to software of a third party, Webatleten is not liable for any damage suffered by the Customer as a result.
14.4. Webatleten shall never be liable for any damage of any kind suffered by the Customer related to the (non-)functioning of a system or (internet) connections of the Customer.
14.5. If the Customer or a third party makes changes to the Website or the Software, Webatleten excludes any liability.
14.6. Webatlete shall not be liable for any damages caused by hacking or cyber-attack, such as, but certainly not limited to, loss of revenue due to the Website being offline or not functioning properly.
14.7. Webatlete does not warrant that the Website or the Service will operate without interruption or without errors. Webatleten shall not be liable for damages, including lost sales, resulting from the temporary unavailability of the Website, a technical error in the Website, or the Website being offline.
14.8. Webatlete is not responsible for the content of the Website. The Customer is responsible for ensuring that the content of the Website does not violate the law or violate the (copyright) rights of third parties.
14.9. Webatleten is not liable for the loss of login details applied by the Customer. Webatleten shall never be liable for damages or costs resulting from misuse that is made of login data or of a Customer account.
14.10. Webatleten is not liable for the mistakes of third parties engaged in the execution of the Agreement. The applicability of article 6:76 Civil Code (BW) is expressly excluded.
14.11. Advice is given by Webatleten to the best of its knowledge and in good faith, but Webatleten does not accept any liability for damages, directly or indirectly resulting from the content of the advice given by it. The Customer is solely responsible for the decisions he makes, whether or not as a result of advice from Webatleten.
14.12. Any liability of Webatlete for consequential damages is excluded. Consequential damage in this context is in any case understood as: loss of profit, missed savings, loss of turnover, costs incurred to prevent or determine consequential damage, damage caused by delay, business stagnation, reputation damage, loss of data, loss of content, labor costs and fines imposed.
14.13. Should Webatlete be liable for any damages or should the above limitation of liability not be permitted by law, Webatlete's liability shall be limited to the amount paid out by Webatlete's insurer. If the insurer does not pay out or the damage is not covered by the insurance, Webatleten's liability is limited to a maximum of the invoice value of that part of the Agreement to which the liability relates. If the liability relates to an Agreement for a definite period of time, the amount referred to above shall be set at the invoice value of the Agreement over the last 3 months.
14.14. The liability of Webatleten only arises if the Customer gives Webatleten, immediately and properly, notice of default in Writing, thereby setting a reasonable term to remedy the shortcoming and Webatleten continues to fail imputably in the fulfilment of its obligations even after that term. The notice of default must contain as detailed a description as possible of the shortcoming, so that Webatlete is able to respond adequately.
14.15. Any legal claim for a defect in the performance of the Agreement shall lapse 1 year after the Customer discovered or reasonably could have discovered the damage.
14.16. If the Customer has made goods and/or materials and/or facilities available to Webatleten for the purpose of performing the Work, and these goods and/or materials and/or facilities are not suitable for the purpose for which they were made available to Webatleten, then the Customer shall be liable for all damages arising therefrom.

Article 15. Force Majeure

15.1. Webatleten is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure on the part of Webatlete occurs, among other things, if Webatlete is prevented from fulfilling its obligations under the Agreement or its preparations as a result of: Internet failure, virus infection or computer breach by third parties, cyber-attack, power failure, failure of e-mail traffic, extreme weather conditions, natural disasters, traffic disruption, strikes, war, riots, threat of war, boycott, terrorism, theft, fire, epidemics, pandemic, damage to or failure of computer equipment, government measures, illness or personal (family) circumstances of the natural person performing or to be performed the Agreement on behalf of Webatleten, errors in software, website or (online) services of third parties, a failure of a third party engaged by Webatleten and changes in laws and regulations.
15.2. Webatleten is also entitled to invoke force majeure if the circumstance preventing (further) performance occurs after Webatleten should have fulfilled its obligations.
15.3. If at the time of the occurrence of Force Majeure Webatleten has already partially fulfilled its obligations under the Agreement, Webatleten shall be entitled to invoice the part already fulfilled.

Article 16. Dissolution and suspension

16.1. Webatleten is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement by means of a Written statement, if:
a. The Customer does not or not fully comply with the obligations under the Agreement;
b. After the conclusion of the Agreement Webatleten learns of circumstances which give good reason to fear that the Customer will not comply with the obligations;
c. The Customer has been granted suspension of payment;
d. The Customer is in a state of bankruptcy or bankruptcy proceedings have been instituted against the Customer;
e. The Customer's business is liquidated or terminated other than for the purpose of a takeover or merger of businesses;
16.2. Furthermore, Webatleten is entitled to terminate the Agreement if circumstances arise which are of such a nature that performance of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise which are of such a nature that unaltered maintenance of the Agreement can not reasonably be expected.
16.3. If Webatleten proceeds with suspension or dissolution he shall in no way be liable for compensation for damages and costs incurred in any way.
16.4. If the Agreement is dissolved, Webatleten's claims against the Customer are immediately due and payable. If Webatleten suspends fulfillment of its obligations, it retains its claims under the law and Agreement.
16.5. Webatlete always retains the right to claim damages.

Article 17. Intellectual Property Rights

17.1. The intellectual property rights relating to the Content are vested in the Customer or its licensor. The Customer grants Webathletes a license to the Content for the performance of the Work.
17.2. The intellectual property rights, such as copyrights, vested in the Software remain the property of Webatlete.
17.3. The Customer must respect the intellectual property rights of Webatleten at all times.
17.4. After the delivery of the Software and after the Customer has paid the fee for the development of the Software to Webatleten, the Customer is granted a non-exclusive, indefinite right of use on the Software, unless otherwise agreed.
17.5. If Webatleten makes standard Software available to the Customer, then the term of the license and the other agreements concerning this provision are recorded In Writing, for example in a license agreement.
17.6. Webatlete is permitted to use (parts of) the Software and make it available to a third party.
17.7. The code of the Software is not provided to the Customer, unless the parties have agreed otherwise. The Customer is not permitted to copy the code.
17.8. The Software may consist of software programs or (online) services that are not provided by Webatlete, but by a third party. In such a case the scope of the license of this software software or (online) service is determined by the (terms of use and/or license) conditions of the software software or (online) service in question.
17.9. Webatleten, while respecting the interests of the Customer, has the freedom to use the Website for its own publicity or promotion, such as posting on the Webatleten website an image of the Website and of the Customer's name and/or logo.
17.10. By giving an order for publication or reproduction of items protected by the Copyright Act or any other legal regulation in the field of intellectual property, which have been made available by or on behalf of the Customer himself, the Customer declares that no infringement is made of legal regulations and/or protected rights of third parties and indemnifies Webatleten for the claims in this regard from third parties and/or for the direct and indirect consequences, both financial and other, resulting from the publication or reproduction.
17.11. The assignment does not include conducting research into the existence of intellectual property rights of third parties. The same applies to research into the possibility of such forms of protection for the Customer.
17.12. It is up to the Customer to verify that the Content does not infringe on the intellectual property rights of third parties.

Article 18. Confidentiality

18.1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from other sources in the context of their Agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
18.2. If Webatleten, on the basis of a statutory provision or a judicial decision, is obliged to provide confidential information to a third party designated by the law or the competent court and Webatleten cannot in this respect invoke a legal right to refuse to give evidence or a right acknowledged or permitted by the competent court, Webatleten shall not be obliged to pay damages or compensation and the Customer shall not be entitled to terminate the Agreement free of charge.
18.3. Webatleten retains the right to use any knowledge gained from the execution of the Work for other purposes, as long as no confidential information is brought to the knowledge of third parties.

Article 19. Due date

19.1. To the extent not otherwise provided in these Terms and Conditions, rights of action of the Customer on any grounds whatsoever against Webatleten shall in any case expire after 1 year from the moment the Customer became aware or could reasonably have become aware of the existence of these rights.

Article 20. Personal Data

20.1. Webatlete processes personal data in accordance with the General Data Protection Regulation (AVG). For more information about the processing of personal data, the Customer can consult Webatleten's privacy policy, see https://webatleten.nl/privacy-en-cookieverklaring/.
20.2. The agreements in connection with the processing of personal data by Webatleten on behalf of the Customer are laid down in Chapter 6 of these general terms and conditions.

Article 21. Contract takeover and cessation of business

21.1. If Webatleten transfers its business (in part) or transfers its legal relationship resulting from the Agreement, the Customer, by entering into the Agreement, gives its consent in advance to the takeover of the Agreement by the party taking over the business (in part) from Webatleten resp.
21.2. The Customer is not allowed to transfer any right from an Agreement concluded with Webatleten to a third party, other than by transfer of his entire company. If Webatlete ceases its business or business activities covered by the Agreement and no transfer as described in Article 21.1 takes place, all data relevant to the Customer will be provided to the Customer so that the Customer can transfer the service to a third party. Webatlete shall not be liable for any damage suffered by the Customer as a result of Webatlete ceasing (in part) its business activities.

Article 22. Applicable law, disputes and competent court

22.1. All Agreements and legal acts between Webatleten and the Customer are governed by Dutch law, even if an obligation is fully or partially carried out abroad or if the party involved in the legal relationship is located there.
22.2 The Parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
22.3. All disputes relating to Agreements and legal acts between the Customer and Webatleten shall be submitted to the competent court in the district where Webatleten has its registered office.

CHAPTER 2: PROJECT

The provisions contained in this Chapter 2 "Project" shall apply if Webatleten develops Software for the Customer, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 23. Cancellation or relocation of project

23.1. If the Customer cancels or moves the project, Webatleten shall charge the Customer the cost of all Work already performed based on Webatleten's hourly rate. In addition, Webatlete has the right to charge Customer for the reserved labor time, based on Webatlete's hourly rate.

Article 24. Price adjustment and revision round

24.1. If a fixed price has been agreed for the project, Webatlete has the right to increase the fixed price if:
a. At the request of the Customer, the Work is expanded, such as wishing for functionalities and/or adjustments that fall outside the agreed specifications;
b. There are unforeseen circumstances that lead to extra costs and/or extra Work for Webatlete;
c. The data provided by or on behalf of the Customer on which Webatlete's price and hour estimate is based are not correct and/or complete and that leads to additional Work for Webatlete;
24.2. The fixed price for the project includes one revision round. The Client must use the revision round within 1 month of delivery.
24.3. If the Client requires more revision rounds or if the Client requires a revision round after the deadline mentioned in article 24.2, this Work will be performed on the basis of Webatleten's hourly rate.

Article 25. Obligations of the Customer

25.1. The Customer shall provide Webatlete with all Content necessary to perform the Agreement.
25.2. The Content shall conform to the specifications prescribed by Webatlete.
25.3. The Customer is solely responsible for the disclosure of Content whose rights are held by third parties.

Article 26. Completion

26.1. After the Work has been completed, the Website will be placed in a staging environment so that the Customer can verify that the Software is satisfactory. The Customer is responsible for fully checking the Website in the staging environment. Webatlete is not responsible for the consequences of errors in the Website after the Website has been put online.

Article 27. Software

27.1. With the exception of statutory non-excludable warranties, the Software is made available to the Customer after delivery as is ("as is"), without any warranty.
27.2. The Customer is not entitled to updates, unless updates are covered by a term agreement that the Customer has entered into with Webatlete.
27.3. If the Website is not hosted with Webatleten for hosting, Webatleten cannot guarantee the quality and continuity of the Website.
27.4. If the Customer wishes to have work performed on the delivered Software and the Customer does not purchase hosting and/or support from Webatleten, then it is possible that this work cannot be performed immediately, as customers who do purchase hosting and/or support from Webatleten have priority.

Article 28. Invoicing

28.1. If a fixed price has been agreed for the development of the Software, invoicing will be as follows:
a. 50% of the quoted amount immediately after the conclusion of the Agreement;
b. 50% of the quoted amount + any additional costs upon delivery in the staging environment;
28.2. If billing is on an after-the-fact basis, the Client will be billed periodically in arrears.

CHAPTER 3: HOSTING AND SUPPORT

The provisions contained in this Chapter 3 "Hosting and Support" apply if Webatleten provides hosting services and/or support services to the Customer, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 29. Term, Renewal and Termination of Hosting Agreement

29.1. The Agreement is entered into for 1 year, unless another term has been agreed in Writing.
29.2. After the expiration of the term, the Agreement will automatically renew each time for the period for which the Agreement was entered into, unless the Agreement is terminated in accordance with Article 29.3.
29.3. Either party may terminate the Agreement by the end of the term. Termination must be made In Writing and subject to a notice period of 2 months.
29.4. If the Agreement is terminated prematurely by the Customer, the fee for the agreed term the Agreement remains payable.

Article 30. Term, renewal and termination of Support Agreement

30.1. The Support Agreement has a term equal to the term of the Hosting Agreement.
30.2. If the Customer does not purchase hosting, but does purchase support, the term of the Agreement for support is 1 year.
30.3. After the expiration of the term, the Agreement is automatically renewed for 1 year each time, unless the Agreement is terminated in accordance with Article 30.4.
30.4. Either party may terminate the Agreement by the end of the term. Termination must be made In Writing and subject to a notice period of 2 months.
30.5. If the Agreement is terminated prematurely by the Customer, the fee for the agreed term of the Agreement shall remain payable.

Article 31. Support without hosting

31.1. If the Customer hosts the Website itself, then Webatleten is not responsible for the code of the Website and for the operation of the code.

Article 32. Support

32.1. The Services covered and the number of hours covered by the Support Agreement depends on the service package Customer purchases from Webatlete.
32.2. Support does not include software development work unless otherwise agreed.
32.3. The Agreement may relate to a website that has not been developed by Webatlete. In such a case, Webatlete is never liable for the operation of codes written by the Customer or by a third party. Performing maintenance or troubleshooting a failure that requires Work to be performed on code not written for Webatleten may result in additional costs. These additional costs will be charged to the Customer in addition to the periodic fee for the Agreement.
32.4. Support is provided on a best-effort basis, unless otherwise follows from the service package purchased. If there is a malfunction in the Website, Webatleten will make every effort to resolve the malfunction as soon as possible, without guaranteeing any resolution time.
32.5. If the Customer wishes to purchase more support hours, than the number of support hours covered by the Agreement, then these additional hours will be charged to the Customer based on Webatleten's hourly rate.

Article 33. Obligations of the Customer

33.1. To promote the quality of support, the Customer shall refrain from making any changes to the plugins etc. of the Website.

Article 34. Hosting

34.1. For the hosting service, Webatlete uses a hosting company.
34.2. Webatlete shall make every effort to achieve uninterrupted availability of the hosting service and access to data stored by the hosting company, but makes no guarantees in this regard.
34.3. By using the hosting service, the Customer shall not violate the rights of third parties, shall not behave indecently or in violation of morals or public order and shall not act in violation of legal provisions. In particular, the Customer shall:
a. Respect the (intellectual property) rights of third parties;
b. Not distribute data contrary to legal provisions;
c. Not use the hosting service for the purpose of criminal activities;
d. Not knowingly spread viruses;
34.4. Webatleten will always strive to ensure that the hosting service functions as well as possible, but is dependent therein on the services of the hosting company engaged. Should these services fail, this shall be considered force majeure for Webatleten.
34.5. If the Customer, in the opinion of Webatleten, acts in violation of the obligations set out in this article or makes other improper use of the hosting service, Webatleten is entitled to discontinue the hosting service with immediate effect, without Webatleten being liable for any compensation. The Customer will be notified of this in Writing.

Article 35. Billing

35.1. Invoicing for hosting is done quarterly in advance.
35.2. Invoicing for support entered into for a definite period of time shall be done quarterly in advance.

Article 36. Purchased hours for support

36.1. If the Customer has purchased support hours in advance (prepaid), these hours must be purchased within 3 years after the hours were purchased. After this period the Customer can no longer claim the hours.
36.2. If the hours purchased by the Customer have been used up, Webatleten will notify the Customer.

Article 37. Liability and Force Majeure

37.1. If Webatletes, due to a force majeure situation, due to a day off or due to vacations, does not resolve a malfunction on the Website as quickly as usual and/or as desired by the Customer, Webatlete shall not be liable for any resulting damages, such as, but certainly not limited to, loss of sales.
37.2. If Webatlete cannot perform the Agreement for an extended period of time due to a force majeure situation, then the Customer has the right to terminate the Agreement early. In such a case, Webatlete shall cooperate in the transfer of the Work to a third party.

CHAPTER 4: HIRE

The provisions contained in this Chapter 4 "Hiring" shall apply if the Client hires Webatleten for a specific project for a specific period of time, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 38. Compensation

38.1. The Work shall be performed on the basis of the agreed hourly rate.
38.2. In consultation, Webatlete will charge the Client an expense allowance.

Article 39. Cancellation

39.1. If the Customer cancels the Agreement, the Customer will be charged for the following:
a. All Work already performed;
b. The reserved labor time based on Webatleten's hourly rate;

Article 40. Invoicing

40.1. Invoicing will be made monthly in arrears.

CHAPTER 5: TRAINING

The provisions contained in this Chapter 5 "Training" shall apply if the Client purchases a Training, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 41. Cancellation by the Client

41.1. If the Customer wishes to cancel the Training, the Customer should contact Webatleten as soon as possible and the parties will attempt to reschedule the Training. If the parties cannot reach an agreement to reschedule the Training and the Training is cancelled shortly beforehand, the Customer shall continue to owe Webatleten the full agreed amount for the Training.

Article 42. Cancellation by Webatlete and changes

42.1. Webatlete may cancel a Training if there are not enough registrations, Webatlete is prevented by force majeure, or if there are other forms of force majeure. The Customer will be informed of this as soon as possible. In such a case, if possible, the Customer will be offered another Training. If the Customer does not accept this offer or if no other Training is offered, Webatleten will refund to the Customer the amount already paid by the Customer to Webatleten.
42.2. Webatlete has the right to change the date, time and/or location of the Training. The Customer will be informed of this as soon as possible. In such a case, the Customer has the right to cancel the Training free of charge, unless the change is only of minor importance.

Article 43. Obligations of the Client

43.1. If Webatlete provides a Training at the Customer's location then:
a. The Customer shall provide a suitable space in a timely manner where the Training can take place;
b. The Customer shall provide the facilities reasonably required by Webatleten free of charge;
c. The Customer must ensure that the location where, the tools with which and the circumstances in which Webatleten must perform the Work are safe and comply with all legal regulations. The Customer must take such measures that Webatlete is protected against danger to body, honor and property during the performance of the Work.
43.2. The Client is responsible for the behavior of the Participants during the Training.

Article 44. Training and responsibilities of the Participants

44.1. Webathletes is authorized if:
a. A Participant misbehaves;
b. A Participant unreasonably interferes or prevents proper performance of the Training;
c. It appears from conduct of the Participant that he does not wish to participate in the Training,
to deny the Participant access to the Training. The agreed fee shall in that case remain due in full, without prejudice to Webatlete's right to compensation for any damages.
44.2. During the Training, the Participant should not be able to be disturbed by incoming phone calls, (text or WhatsApp) messages or e-mail messages, unless the Participant has been given permission to do so by Webatleten. During the Training, the Participant's phone must be on silent.
44.3. Costs resulting from damage and/or destruction caused during a Training by Participants will, to the extent not recoverable from the perpetrator(s) themselves, be paid by the Customer.
44.4. The Client shall not be entitled to a refund (of part) of the training fee already paid if the Client or the Participant registered by the Client does not attend the agreed training days or prematurely stops attending the Training.

Article 45. Invoicing

45.1. Invoicing for the Training will take place in advance.

Article 46. Intellectual Property Rights

46.1. Webathletes is fully and exclusively entitled to the intellectual property rights, such as copyrights, vested in the Materials.
46.2. It is not permitted, without prior permission from Webatlete, to reproduce, disclose or exploit the Materials.
46.3. The Customer is only permitted to use the Materials within his own company and within the framework of the Agreement.
46.4. It is not permitted to remove or change any indication concerning (copyright) rights from the Materials.
46.5. If the Customer violates the intellectual property rights of Webatleten, the Customer shall be liable for all damages suffered by Webatleten as a result, including loss of revenue.

CHAPTER 6: PROCESSOR'S AGREEMENT

The provisions contained in this Chapter 6 "Processor Agreement" apply if Webatleten processes personal data on behalf of the Customer, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 47. General and Definitions

47.1. The words included in these General Terms and Conditions (such as "personal data" and "process") shall, in any conjugation, have the meaning as referred to in the AVG.
47.2. The Customer shall determine the purpose and means of processing personal data. For the purposes of the AVG, the Customer is considered the "controller". For the purposes of the AVG, Webatlete is referred to as a "processor."
47.3. Webatlete undertakes under the terms of this section to process personal data on behalf of the Customer. Processing will only take place in the context of the Work to be performed by Webatleten for the Customer as agreed by the parties.

Article 48. Type of personal data, categories of data subjects and purposes

48.1. From whom personal data are processed depends on the Work, the functionalities of the Software and the Website and/or the type of Service the Customer purchases. It may include, for example, the following persons whose personal data are processed: employees, customers/customers and suppliers of the Customer, users of the Software and persons whose personal data are entered by the user of the Software.
48.2. The type of personal data that Webatleten processes on behalf of the Customer depends on the Work, the functionalities of the Software and the Website and/or the type of Service that the Customer purchases. It may include, for example, the following personal data: first name, last name, call sign, address, zip code, city, email address, telephone number, date of birth, Citizen Service Number, gender, login details and bank details.
48.3. Webatlete will not process the personal data for any purpose other than as determined by the Customer.
48.4. The purpose of processing the personal data is the performance of the Agreement, including hosting, software development work and support.
48.5. It is the Customer's responsibility that the type of personal data Webatleten processes on behalf of the Customer and that the categories of Data Subjects and processing purposes are defined between the parties through an agreement or other legal act.
48.6. If the type of personal data, the categories of Data Subjects and/or the processing purposes change, the Customer must notify Webatleten In Writing. Webatlete is not responsible for processing purposes that are not notified to Webatlete by the Customer.

Article 49. Responsibilities of Customer

49.1. The Customer warrants that:
a. The Customer has a legal basis to process the Personal Data;
b. With respect to Data Subjects, the processing is proper and transparent;
c. The content, use and commissioning of the processing of the personal data, are not unlawful and do not infringe any rights of third parties;
d. The Customer provides the Data Subjects with all legally required information regarding the processing of personal data, for example through a clearly defined privacy policy;
e. The Customer, if the Customer is obliged to do so pursuant to the AVG, keeps a register with the processing activities from the entry into force of the AVG;
f. Personal Data will not be stored by the Customer longer than permitted by law.
49.2. The Customer indemnifies Webatlete against claims and demands arising from the failure to comply with the above obligations.
49.3. If the Customer acts in violation of the AVG, the Customer shall be liable for all damages suffered by Webatleten as a result. Damages should be understood to include imposed fines.

Article 50. Processing

50.1. Webatlete will process the personal data during the Agreement.
50.2. The processing will be carried out by Webatlete within an automated environment.
50.3. With respect to the processing of personal data, Webatleten will ensure compliance with the AVG.
50.4. Webatleten processes personal data on behalf of the Customer, in accordance with the Customer's written instructions and under the Customer's responsibility. Webatlete is not responsible for the Customer's collection of personal data.
50.5. Webatlete has no control over the purpose and means of processing personal data and does not make decisions on the use of personal data, the disclosure to third parties and the duration of storage of personal data. The control of personal data never comes under the control of Webatleten. The Customer is the controller of the processing of personal data. The Customer has and maintains full control over the personal data.
50.6. In the event that Webatlete processes personal data outside the European Economic Area, it will only be processed in countries with an adequate protection regime offering appropriate safeguards and where Data Subjects have enforceable rights and effective legal remedies.
50.7. Webatlete will inform the Customer without delay if a competent (governmental) authority has made a law-based request for the disclosure of personal data. If Webatlete is required to provide personal data based on a legal obligation, Webatleten shall verify the basis of the request and the identity of the requester and shall immediately, if possible prior to the provision, inform the Customer accordingly.
50.8. Webatlete shall not provide personal data to third parties without the prior consent of the Customer, unless Webatlete is required by law to disclose or communicate the personal data.

Article 51. Rights of Data Subjects and Compliance with the AVG

51.1. In the event that a Data Subject makes a request regarding inspection, correction or deletion of personal data to Webatleten, or wishes to exercise any other right, Webatleten shall notify the Customer. The Customer must deal with the Data Subject's request himself and is therefore himself responsible for, for example, deleting, adjusting or providing the personal data at the Data Subject's request or terminating or limiting the processing of the Data Subject's personal data.
51.2. Webatlete shall fully cooperate with the Customer to fulfill the Customer's obligations under the AVG, including assisting the Customer in fulfilling its obligations if a Data Subject exercises a right in relation to the personal data that follows from the AVG and the Customer's obligations under Articles 32 to 36 AVG.

Article 52. Sub-processor

52.1. By entering into the Agreement with Webatleten, the Customer agrees that Webatleten may engage a third party in the performance of the Agreement, this third party processes personal data on behalf of Webatleten and this third party should therefore be considered a sub-processor, such as a hosting company.
52.2. Webatleten shall enter into an agreement with its sub-processor in which the sub-processor shall be bound to at least the same duties that Webatleten has towards the Customer in accordance with these General Terms and Conditions or these duties follow from a legal act between Webatleten and the sub-processor, such as from the general terms and conditions of the sub-processor.
52.3. Special personal data will not be shared with sub-processors.

Article 53. Security measures

53.1. Webathletes takes all necessary technical and organizational measures to secure the personal data against loss or any other form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures guarantee an appropriate level of security given the risks involved in the processing and the nature of the personal data.
53.2. The following security measures, among others, shall be taken:
a. Using systems with strong passwords to prevent unauthorized access to systems;
b. Data provided to Webathletes is stored through a secure web environment;
c. Timely software updates and backups on secure data carriers;
d. Using secure network connections;
e. Storing encrypted data in the database;
f. Firewalls;
g. Virus scanners;
h. Periodically checking (or having checked) the security measures taken;
i. E-mail messages and/or other documents containing Personal Data of Data Subjects are generally not printed out. If something is printed out anyway, the document is kept in a locked cabinet or the document is destroyed immediately after use;
j. Physically protect IT facilities, equipment and the server containing the data from unauthorized access and from damage and failure.
53.3. If security measures undergo changes, Webatlete shall notify the Customer of these changes.
53.4. The Customer shall make personal data available to Webatlete for processing only if he has satisfied himself that the required security measures are in place.
53.5. Webatlete shall provide Customer with all information necessary for Customer to determine that Webatlete is complying with its obligations that follow from these General Terms and Conditions. Webatlete shall deal promptly and properly with all requests for information from the Customer regarding the processing of personal data.
53.6. If a data protection impact assessment is necessary in connection with the processing of the personal data, Webatlete shall cooperate with it.

Article 54. Audit

54.1. The Customer is entitled during the Agreement to have the agreed security measures tested by an independent ICT expert by means of an audit no more than once a year. The Customer shall inform Webatleten In Writing at least 2 weeks prior to the audit that an audit will be performed and of the party performing the audit. The independent ICT expert shall be obliged by the Customer through a confidentiality agreement to keep confidential information and personal data to which he will have access during the audit.
54.2. The costs of the audit shall be borne by the Client.
54.3. Webatlete guarantees its cooperation in the audit. The outcome of the audit will be discussed jointly by the parties to come up with a possible improvement plan if there should be reason to do so.

Article 55. Security incident

55.1. Webatlete shall endeavor to do everything within its power to prevent Security Incidents. Despite all security measures taken, Webathletes cannot guarantee that no Security Incident will occur.
55.2. If, in connection with the processing of personal data, a Security Incident has occurred in which personal data of a sensitive nature has been leaked or as a result of which for any other reason there is a serious adverse consequence for the protection of the personal data processed, Webatleten shall notify the Customer of this as soon as possible and at the latest within 48 hours. The Customer must himself assess whether there is such a serious data breach that notification to the Personal Data Authority is mandatory and is himself responsible for timely notification of a serious Security Incident.
55.3. Webatleten shall provide the Customer in a timely manner with all information concerning the Personal Data Security Incident requested by the Customer or of which Webatleten knows or should reasonably know that such information is or may be important for correct compliance with the obligations arising for the Customer as such from the AVG concerning a Personal Data Security Incident.
55.4. Webatlete shall, immediately after discovering a Personal Data Security Incident, take all reasonably required measures to prevent or limit adverse effects on the protection of personal data.
55.5. If there is a Security Incident that adversely affects the privacy of the Data Subjects, the Data Subjects must be notified, unless there is a statutory exception. The Customer is responsible for assessing whether there is a data breach as defined above and for notifying the Data Subjects of such Security Incident. If Webatlete is required to do so under laws and regulations, it will cooperate in informing the Data Subjects.

Article 56. Webatlete's employees and engaged third parties

56.1. An employee of Webatleten or a third party engaged by Webatleten shall only have access to that personal data which is strictly necessary for that employee or third party to perform the work. Access rights of an employee of Webatleten and of a hired third party are immediately blocked if access to the personal data is no longer necessary in the context of the execution of the Agreement or if an employee resp. third party is no longer employed by/for Webatleten.
56.2. Webatleten is obliged to keep the personal data accessible from the Customer confidential and to impose this obligation also on its employees. This obligation does not apply insofar as a legal regulation or judgment obliges Webatleten to any disclosure. Employees and hired third parties sign a confidentiality agreement or the duty of confidentiality is incorporated in the employment contract, staff handbook or (assignment) agreement that the employee resp. third party has entered into with Webatleten.
56.3. Webatleten regularly checks whether its employees and hired third parties act in accordance with these general terms and conditions.

Article 57. Provision and deletion of personal data

57.1. Webatlete shall make all personal data available to the Customer at the Customer's first request.
57.2. Webatlete is obliged to completely and irrevocably delete all personal data at the Customer's first request.
57.3. Upon termination of the Agreement, Webatlete shall, at the Customer's option, delete the personal data after the end of the Agreement or provide the personal data to the Customer and then delete the personal data, unless Webatlete is required by law to retain the personal data.
57.4. The cost of providing the personal data to the Customer will be charged to the Customer.

Article 58. Liability

58.1. If the Customer does not use the Software, the Website or the Service correctly and/or performs actions using the Software, the Website or the Service that are in violation of the AVG and/or other regulations containing requirements for processing personal data, Webatleten is not liable for this. Webatleten is never responsible for fines imposed on the Customer in connection with the processing of personal data.
58.2. If Webatleten is liable to pay damages to one or more Data Subjects for breach of the AVG, Webatleten shall have a right of recourse against the Customer and the Customer shall be obliged to compensate such damages to Webatleten, with the exception of damages arising from Webatleten's failure to comply with the obligations of the AVG specifically directed to processors or from Webatleten's failure to act outside or contrary to the Customer's instructions.
58.3. Should Webatleten be liable towards the Customer in connection with the processing of personal data, Webatleten's liability shall at all times be limited to what is contained in Article 14.13 of these General Terms and Conditions.
58.4. Liability on the part of Webatleten due to an attributable shortcoming in the fulfilment of this chapter of these General Terms and Conditions only arises from the moment that the Customer has sent Webatleten a Written notice of default in which the shortcoming of Webatleten is clearly described and Webatleten is given a reasonable term to still comply and Webatleten has imputably failed to comply with this notice of default. Notice of default may be omitted if compliance is permanently impossible.

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Version January 2024