Terms and conditions

These general terms and conditions apply to all services provided by WIWO Media, a trade name of CW Nederland B.V. They consist of a general part (Part A) that always applies, and specific parts for each type of service (Parts B to H). If there is a conflict, the specific part takes precedence over the general part. Where a rule applies only to Consumers or only to Business Customers, this is stated explicitly. This version replaces all previous general terms and conditions of WIWO Media.

This English version is provided for convenience. In case of any discrepancy, the Dutch version prevails.

Part A. General

Article 1. Definitions

1.1 In these terms and conditions, the following capitalised terms have the following meaning:

• WIWO Media: CW Nederland B.V., trading as WIWO Media, with its registered office and place of business in Spijkenisse, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 92544347.
• Customer: any natural person or legal entity that enters into or wishes to enter into an Agreement with WIWO Media, or to whom WIWO Media makes an offer. A Customer is either a Consumer or a Business Customer.
• Consumer: a Customer who is a natural person and who is not acting for purposes related to their trade, business, craft or profession.
• Business Customer: a Customer acting in the course of a profession or business, or a legal entity.
• Agreement: any agreement between WIWO Media and the Customer, including these terms and conditions, the order or quotation and any additional arrangements.
• Service: any service or product that WIWO Media provides under an Agreement, such as hosting, email, domain names, VPS, maintenance, Custom Work, telephony and software licences.
• Subscription: a Service that is purchased for a fixed term and invoiced periodically.
• Custom Work: work carried out specifically for the Customer, such as designing and building websites, online stores, apps, web apps, integrations and AI solutions.
• Customer Portal: the online environment at https://mijnwiwo.nl in which the Customer manages orders, invoices, Services and details.
• Control Panel: the management environment in which the Customer manages their hosting, email and related settings.
• Materials: all data, files, texts, images, software, emails and other content that the Customer or its users store, process or distribute through the Services.
• In Writing: by letter or electronically, including email and messages through the Customer Portal.
• Business Days: Monday to Friday, excluding public holidays generally recognised in the Netherlands.

Article 2. Identity of WIWO Media

2.1 The Services are provided by:

CW Nederland B.V., trading as WIWO Media

• Postal address: PO Box 605, 3200 AN Spijkenisse, the Netherlands

• Registered address: Mina Krusemanstraat 38, 3207 DE Spijkenisse (not open to visitors)

• Chamber of Commerce (KvK) number: 92544347 (branch number 000058140735)

• VAT number: NL866094349B01

• IBAN: NL23 BUNQ 2128 5438 86 in the name of CW Nederland B.V.

• Telephone: +31 10 340 04 44 (available on Business Days)

• Email: info@wiwomedia.nl

• Customer Portal: https://mijnwiwo.nl

2.2 The registered address is not open to visitors; please send post to the postal address. Current company details are also available at /en/company-details.

2.3 WIWO Media only sends email from addresses ending in @wiwomedia.nl or @cwnl.eu. WIWO Media will never ask for passwords or payment details by email.

Article 3. Applicability

3.1 These terms and conditions apply to every offer, quotation, order and Agreement of WIWO Media, and to all Services provided by WIWO Media.

3.2 Deviations from these terms and conditions only apply if they have been agreed In Writing between WIWO Media and the Customer.

3.3 The applicability of the Customer's purchasing conditions or other general terms and conditions is expressly rejected.

3.4 If documents conflict, the following order of precedence applies: (1) additional arrangements made In Writing or the accepted quotation, (2) the data processing agreement, insofar as it concerns the processing of personal data, (3) the specific part of these terms and conditions that applies to the Service, (4) Part A of these terms and conditions, (5) the acceptable use policy and the other policy documents referred to in these terms and conditions.

3.5 The acceptable use policy, the service level agreement (for Maintenance and SLA packages) and the data processing agreement form part of the Agreement.

3.6 If any provision of these terms and conditions is void or is annulled, the remaining provisions remain in full force. The parties will then replace the provision concerned with a valid provision that reflects the intention of the original provision as closely as possible.

3.7 Where these terms and conditions would deviate from mandatory law to the detriment of a Consumer, mandatory law prevails.

Article 4. Offers and conclusion of the Agreement

4.1 All offers and quotations from WIWO Media are without obligation, unless they expressly state a period for acceptance. A quotation is valid for 30 days, unless the quotation states otherwise.

4.2 Prices on the website and in the Customer Portal are shown excluding VAT for Business Customers. For Consumers, prices are shown including VAT, as required by law.

4.3 Obvious mistakes or errors in an offer, such as typing or pricing errors, are not binding on WIWO Media.

4.4 The Agreement is concluded:

• for an order through the website or the Customer Portal: when the Customer places the order and accepts these terms and conditions, after which WIWO Media confirms receipt by email;
• for a quotation: when the Customer accepts the quotation In Writing or digitally;
• in all cases: no later than the moment WIWO Media starts performance with the Customer's consent.

4.5 WIWO Media may refuse an order or request without giving reasons, or make it subject to conditions, for example in case of suspected fraud, abuse or incorrect details, or if the Customer has previously failed to meet its obligations. In that case WIWO Media may require advance payment or an identity check.

4.6 The Customer guarantees that the details it provides when ordering and afterwards are accurate and complete, and keeps them up to date in the Customer Portal.

4.7 For Custom Work, an initial introductory meeting is free of charge. In that meeting the parties decide whether they wish to enter into an Agreement. For all other Services, the stated prices apply from the moment of ordering.

Article 5. Right of withdrawal for Consumers

5.1 This article applies only to Consumers who conclude an Agreement at a distance, for example through the website, the Customer Portal, email or telephone.

5.2 A Consumer may dissolve (withdraw from) an Agreement for a Service within 14 days without giving any reason. The withdrawal period starts on the day after the Agreement is concluded.

5.3 The Consumer can withdraw by notifying WIWO Media unambiguously within the withdrawal period, for example by email to info@wiwomedia.nl or through the Customer Portal. The Consumer may use the model form included as an appendix to these terms and conditions, but is not obliged to do so. WIWO Media will confirm receipt of the withdrawal without delay.

5.4 If the Consumer wants WIWO Media to start the Service during the withdrawal period, for example because a website or mailbox must be available immediately, WIWO Media will ask for an express request to that effect. If the Consumer then withdraws, the Consumer pays an amount proportionate to the part of the Service already provided at the time of withdrawal, compared with the full Service.

5.5 The right of withdrawal lapses:

• for a Service that has been fully performed, if performance began with the Consumer's express prior consent and the Consumer acknowledged that they would lose their right of withdrawal once WIWO Media has fully performed the Service;
• for the registration or renewal of a domain name: a domain name is requested to the Consumer's specification and the registration with the registry is carried out immediately and in full. When ordering, the Consumer expressly consents to this immediate performance and thereby waives their right of withdrawal for the registration;
• for Custom Work produced to the Consumer's specifications, once the Consumer has consented to performance and the work has been fully performed.

5.6 In the event of a valid withdrawal, WIWO Media will refund the amounts received, less any compensation under article 5.4, within 14 days of receiving the withdrawal, using the same means of payment the Consumer used, unless the Consumer agrees to a different method. The Consumer will not incur any costs for the refund.

Article 6. Performance of the Agreement

6.1 WIWO Media performs the Agreement to the best of its knowledge and ability, with care and professional skill. Unless a specific result has been expressly promised In Writing, WIWO Media has an obligation to use reasonable efforts.

6.2 WIWO Media delivers a Service as soon as possible after the Agreement is concluded. WIWO Media may make delivery conditional on receipt of the (first) payment. Stated delivery periods are indicative and are not strict deadlines, unless expressly agreed otherwise In Writing.

6.3 WIWO Media may engage third parties to perform the Agreement, such as suppliers of data centre and network capacity, domain name registries, payment service providers and telecom providers. WIWO Media remains responsible towards the Customer for the performance of the Agreement, subject to articles 16 and 17.

6.4 If a Service depends on a third party, such as a registry, a certificate authority or an app store, the terms and rules of that third party also apply. WIWO Media will draw the Customer's attention to this where necessary.

6.5 WIWO Media may change the technical set-up of a Service, for example to improve security, performance or functionality, or to comply with laws and regulations. If a change has a significant adverse effect on the functionality of the Service for the Customer, WIWO Media will inform the Customer in advance and the Customer may terminate the Service concerned with effect from the date on which the change takes effect.

Article 7. Customer obligations, account and access

7.1 The Customer provides WIWO Media in good time with all information, details and cooperation reasonably required to perform the Agreement. Any delay arising because this is not done, or not done in time or in full, is at the Customer's expense.

7.2 The Customer receives login details for the Customer Portal, the Control Panel and other Services. The Customer keeps these confidential, chooses strong and unique passwords, enables two-factor authentication where available, and does not share login details with third parties without WIWO Media's consent, except with its own employees and assistants whom the Customer itself designates for that purpose.

7.3 All actions taken through the Customer's account are deemed to be actions of the Customer, unless the Customer demonstrates that the account was misused through no fault of its own and that it informed WIWO Media immediately. If the Customer suspects misuse of its account, it reports this to WIWO Media without delay so that measures can be taken.

7.4 The Customer uses the Services in accordance with the law, these terms and conditions and the acceptable use policy. The Customer is responsible for the Materials and for the use that it and its users, employees and visitors make of the Services.

7.5 The Customer is itself responsible for securing and updating software that it installs and manages itself, such as a CMS, plugins, themes and its own code, unless WIWO Media has expressly taken on that management under a Maintenance and SLA package or another Agreement.

Article 8. Prices and price changes

8.1 The prices are those stated at the time of ordering or in the quotation. For Business Customers, all amounts exclude VAT and other government levies, unless stated otherwise. For Consumers, all amounts include VAT.

8.2 WIWO Media may adjust the prices of Subscriptions once a year, for example due to increased costs of infrastructure, licences, energy or staff. WIWO Media announces a price change In Writing at least one month before it takes effect.

8.3 If the Customer does not agree to a price increase, the Customer may terminate the Service concerned with effect from the date on which the increase takes effect. An increase that results directly from a statutory provision, such as a change in the VAT rate, does not give a right to terminate.

8.4 A Consumer who is faced with a price increase within three months of concluding the Agreement may dissolve the Agreement, unless the increase results from a statutory provision.

8.5 Costs of registries, licensors or telecom providers that WIWO Media passes on, such as registry fees for domain names and call rates, may change during the term if the third party concerned changes its rates. Articles 8.2 to 8.4 then apply accordingly, provided that the notice period is as long as reasonably possible.

Article 9. Invoicing and payment

9.1 WIWO Media invoices electronically. Invoices are sent by email and are available in the Customer Portal.

9.2 Subscriptions are invoiced in advance for each chosen term (month, quarter or year). The invoice is created 14 days before the due date of the Service. Payment must be received no later than the due date.

9.3 One-off costs, such as installation or set-up fees, are invoiced at the time of ordering. Custom Work is invoiced as stated in the quotation. For Custom Work, WIWO Media may require a deposit and invoice in instalments according to the progress of the work. Work charged on a time-and-materials basis is invoiced monthly in arrears. Unless stated otherwise, these invoices are payable within 14 days of the invoice date.

9.4 The Customer can pay by iDEAL, credit card, SEPA direct debit or bank transfer, insofar as the method concerned is available in the Customer Portal. When paying by bank transfer, the Customer states the invoice number.

9.5 When paying by SEPA direct debit, the Customer authorises WIWO Media to collect the amounts due on or around the due date. The Customer ensures sufficient funds are available. The costs of a reversed or failed direct debit that is not attributable to WIWO Media may be charged to Business Customers.

9.6 The Customer must notify WIWO Media In Writing of any objection to an invoice within 30 days of the invoice date. An objection does not suspend the payment obligation for the part of the invoice that is not disputed.

9.7 A Business Customer may not set off its payment obligations against claims on WIWO Media and may not suspend payment, unless WIWO Media has been declared bankrupt or has been granted a suspension of payments.

Article 10. Late payment, interest and collection costs

10.1 If WIWO Media has not received a payment by the due date, WIWO Media sends a reminder. This happens approximately 4 days after the due date.

10.2 For Business Customers:

• the Customer is in default without notice of default once the due date has passed;
• from the due date, the Customer owes the statutory commercial interest (Article 6:119a of the Dutch Civil Code (BW));
• if payment has still not been received 8 days after the due date, the Customer owes the statutory extrajudicial collection costs in accordance with the scale of the Dutch Decree on compensation for extrajudicial collection costs, with a minimum of EUR 40 (Article 6:96(4) BW). These costs are charged on the existing invoice or a new one.

10.3 For Consumers:

• the Consumer is in default once WIWO Media, after the due date, has sent them a free payment reminder giving them at least 14 days after receipt to pay, and they have not paid within that period;
• from the moment of default, the Consumer owes the statutory interest (Article 6:119 BW);
• from the moment of default, WIWO Media may charge extrajudicial collection costs in accordance with the Dutch Collection Costs Act (WIK) and the associated decree, with a minimum of EUR 40 and never more than the statutory scale. In the payment reminder, WIWO Media states which costs will become payable if payment is not made in time;
• WIWO Media does not charge Consumers administration fees for reminders.

10.4 Court costs are borne by the Customer insofar as the court so decides.

10.5 Payments received are applied first to costs due, then to accrued interest and then to the oldest outstanding invoices.

10.6 WIWO Media always aims for a solution through consultation. A Customer who is temporarily unable to pay can contact WIWO Media to discuss a payment arrangement.

Article 11. Term, renewal and termination

11.1 Subscriptions are entered into for the term chosen at the time of ordering (month, quarter or year). Unless the Customer terminates in time, the Subscription is automatically renewed at the end of each term for a term of the same length. For domain names, the term is the registration period chosen at the time of ordering, with a minimum of one year or the minimum period applied by the registry.

11.2 Business Customers can terminate a Subscription through the Customer Portal with effect from the end of the current term. The termination must be submitted before the end of the current term. After termination, the Service ends at the end of the current term. No refunds are given for terms already paid.

11.3 In addition, the following applies to Consumers:

• the first term of a Subscription is never longer than one year;
• after the first term, the Consumer may terminate the Subscription at any time with a notice period of no more than one month, even if the Subscription has been automatically renewed for a term of a quarter or a year;
• if the Consumer terminates an automatically renewed Subscription during its term, WIWO Media refunds the prepaid amount for the full months after the end of the notice period on a pro rata basis. This does not apply to the part of the price consisting of costs that WIWO Media irrevocably paid to a registry upon renewal for the renewal of a domain name;
• the Consumer can terminate through the Customer Portal or by email to info@wiwomedia.nl. WIWO Media confirms the termination In Writing, stating the date on which the Service ends.

11.4 An Agreement for Custom Work ends upon completion of the agreed work. If the Customer terminates an Agreement for Custom Work early, the Customer pays for the work performed and costs incurred up to that moment. A Business Customer also compensates the demonstrable loss that WIWO Media suffers as a result of the early termination, such as capacity reserved for the assignment that cannot be used otherwise, unless the termination results from a failure on the part of WIWO Media.

11.5 WIWO Media may terminate a Subscription with effect from the end of the current term, observing a notice period of at least two months, for example because a Service is being discontinued. In that case, WIWO Media will where possible offer the Customer a suitable alternative and assist with a careful transition.

11.6 After a Service ends, WIWO Media may delete the Materials and data associated with that Service, subject to article 15.5 and the specific provisions in Parts B to H. The Customer is itself responsible for securing its Materials in good time.

Article 12. Suspension and dissolution

12.1 If a payment has still not been received 22 days after the due date, WIWO Media may suspend (block) the Service concerned, after the Customer has received at least one reminder. WIWO Media resumes the Service within one Business Day of receiving the full outstanding amount. Suspension does not affect the Customer's payment obligation.

12.2 WIWO Media may also suspend or restrict a Service in whole or in part if:

• the Customer acts in breach of the Agreement, these terms and conditions or the acceptable use policy;
• the use of the Service causes or threatens to cause damage or nuisance to WIWO Media's systems, to other customers or to third parties, for example through an infection, an attack or the sending of spam;
• WIWO Media is required to do so by law, a court decision or an order from a competent authority;
• there are reasonable grounds to believe that the account or the Service is being misused.

12.3 In the event of a suspension under article 12.2, WIWO Media informs the Customer as soon as possible, stating the reason and what the Customer can do to have the suspension lifted. In case of acute danger, WIWO Media may intervene first and inform the Customer immediately afterwards. WIWO Media always chooses the least intrusive measure that is reasonably sufficient, for example blocking a single website or mailbox instead of the entire account.

12.4 Either party may dissolve the Agreement if the other party attributably fails to perform an essential obligation and, after a notice of default In Writing giving a reasonable period to remedy the failure, still fails to perform. A notice of default is not required if performance is permanently impossible or in case of serious or repeated abuse as referred to in the acceptable use policy.

12.5 WIWO Media may terminate or dissolve the Agreement with a Business Customer in whole or in part with immediate effect and without notice of default if the Customer is declared bankrupt, applies for a suspension of payments, ceases or dissolves its business, or if a substantial part of its assets is attached.

12.6 Upon dissolution or termination under this article, all claims of WIWO Media against the Customer become immediately due and payable. Performance already delivered by WIWO Media and the related payment obligations are not undone.

12.7 A Business Customer is not entitled to compensation for a suspension or dissolution that WIWO Media has rightfully applied under this article.

Article 13. Support and incidents

13.1 WIWO Media provides support by email, through the Customer Portal and by telephone on the use and functioning of the Services. Human support is available on Business Days between 09:00 and 17:00.

13.2 The Customer reports an incident as soon as possible after discovering it, with as clear a description as possible, through the Customer Portal, by email to info@wiwomedia.nl or by telephone.

13.3 For incidents reported on Business Days between 09:00 and 17:00, WIWO Media endeavours to respond within a few hours. For reports outside these hours, WIWO Media endeavours to respond on the next Business Day. A response is a first substantive reply and not necessarily a solution.

13.4 WIWO Media's systems are monitored automatically 24 hours a day, 7 days a week. Alerts are pre-sorted with the support of AI. This monitoring is an effort on the part of WIWO Media and not a commitment that every incident outside Business Days will be picked up immediately by a staff member.

13.5 Support covers questions about the use and operation of the Services. Work outside that scope, such as resolving problems in the Customer's software, plugins or code, restoring a hacked website, migrating websites or setting up external services, is carried out as additional work at the applicable hourly rate, after prior approval by the Customer, unless it is covered by a Maintenance and SLA package.

13.6 For Maintenance and SLA packages, the arrangements in Part E and in the service level agreement also apply.

Article 14. Availability and maintenance

14.1 WIWO Media endeavours to keep the Services available as well as possible, in accordance with good professional practice and the state of the art. WIWO Media does not guarantee uninterrupted availability or any uptime percentage, unless expressly agreed In Writing.

14.2 The Customer acknowledges that the Services depend on the internet, networks, power supply and third-party services, and that incidents, attacks (including DDoS attacks) and necessary maintenance may limit availability.

14.3 WIWO Media may temporarily take the Services out of operation in whole or in part for preventive, corrective or adaptive maintenance. WIWO Media carries out planned maintenance at night as far as possible. Planned maintenance is announced in advance if it concerns a major or urgent intervention that may cause the Customer noticeable inconvenience. Minor updates are not announced separately.

14.4 In the event of an acute security risk, WIWO Media may carry out maintenance or install updates immediately without notice.

14.5 WIWO Media keeps the system software it manages up to date, but may decide not to install a particular update or version, or to install it later, if in its judgement this is better for the stable and secure operation of the Service. WIWO Media may phase out outdated software versions (such as old PHP versions) after reasonable notice.

Article 15. Backups and data

15.1 For hosting and email, WIWO Media makes daily backups that are stored outside the web server (off-site). A limited number of recent backups per account are available in the Control Panel. For other Services, such as unmanaged VPS, backups are only made if expressly agreed.

15.2 WIWO Media's backups are intended for recovery after an incident or disaster and are not a substitute for the Customer's own backup. WIWO Media does not guarantee that a backup will be complete and usable at any desired moment. The Customer remains responsible for making and keeping its own copies of its Materials, in particular before major changes.

15.3 The Customer can restore a backup itself through the Control Panel. A restore that WIWO Media carries out at the Customer's request may be charged as additional work, unless the restore is necessary due to an error by WIWO Media or is covered by a Maintenance and SLA package.

15.4 The Customer remains the owner of its Materials. WIWO Media uses the Materials only to perform the Agreement, to comply with legal obligations and insofar as necessary to secure its systems.

15.5 After a Service ends, backups remain in the normal backup rotation for a maximum of 30 days, after which they are deleted. At the Customer's request and for a fee, WIWO Media can provide a copy of its Materials within that period. After that period, WIWO Media can no longer recover the Materials.

Article 16. Liability

16.1 WIWO Media's total liability for an attributable failure in the performance of the Agreement, a tort or on any other ground whatsoever is limited to compensation for direct damage, up to a maximum of the amount the Customer paid to WIWO Media in the 12 months preceding the event causing the damage for the Service to which the damage relates (excluding VAT). For Custom Work, this is a maximum of the price agreed for that assignment (excluding VAT). In no event will the total liability exceed EUR 10,000 per event, with a series of related events counting as one event.

16.2 Direct damage means exclusively:

• reasonable costs of making WIWO Media's performance conform to the Agreement;
• reasonable costs of determining the cause and extent of the damage, insofar as they relate to direct damage;
• reasonable costs of preventing or limiting damage, insofar as the Customer demonstrates that these costs led to a limitation of direct damage.

16.3 WIWO Media's liability towards a Business Customer for indirect damage, including consequential damage, lost profits, lost savings, reduced goodwill, damage due to business interruption, damage due to claims from the Customer's customers and damage due to loss, corruption or destruction of data, is excluded. In the event of data loss, WIWO Media will nevertheless endeavour to restore the data as well as possible from the available backups.

16.4 WIWO Media is not liable for damage resulting from:

• incorrect or incomplete information or instructions from the Customer;
• software, plugins, themes, code or configurations that the Customer has installed or manages itself, or failure to install updates for them;
• failure by the Customer to comply with these terms and conditions or the acceptable use policy;
• disclosure of the Customer's login details through no fault of WIWO Media;
• disruptions in the internet, networks or third-party services over which WIWO Media has no control;

except insofar as the damage results from a failure on the part of WIWO Media itself.

16.5 The limitations and exclusions in this article do not apply if the damage results from intent or deliberate recklessness on the part of WIWO Media or its management, nor to liability for death or personal injury.

16.6 Towards Consumers, the limitations and exclusions in this article apply only insofar as the law permits. WIWO Media does not limit its liability towards Consumers further than is reasonable, given the nature of the Service and the price.

16.7 WIWO Media's liability for an attributable failure only arises if the Customer immediately gives WIWO Media notice of default In Writing, setting a reasonable period to remedy the failure, and WIWO Media still fails to perform after that period. The notice of default contains as detailed a description of the failure as possible, so that WIWO Media can respond adequately.

16.8 A claim for damages by a Business Customer lapses if it has not been reported to WIWO Media In Writing within 12 months of arising.

16.9 A Business Customer indemnifies WIWO Media against claims from third parties, including government authorities and holders of intellectual property rights, relating to the Materials or to use of the Services by the Customer or its users in breach of the law, these terms and conditions or the acceptable use policy. The Customer reimburses the reasonable costs of defence.

Article 17. Force majeure

17.1 Neither party is obliged to perform an obligation if it is prevented from doing so by force majeure. In addition to what is understood by force majeure in law and case law, force majeure includes: disruptions in internet, network, power or telecommunications facilities outside WIWO Media's sphere of influence, (D)DoS attacks and other forms of cybercrime against which WIWO Media had taken reasonable security measures, failures by suppliers that WIWO Media could not foresee or prevent, government measures, fire, flooding, epidemics, war and terrorism.

17.2 During force majeure, the obligations of the affected party are suspended. If the force majeure lasts longer than 60 days, either party may dissolve the Agreement In Writing without any obligation to pay compensation. Performance already delivered is settled proportionately.

Article 18. Confidentiality

18.1 Both parties keep confidential all confidential information they obtain from each other or from another source in connection with the Agreement. Information is confidential if the other party has indicated so or if this follows from the nature of the information.

18.2 The duty of confidentiality does not apply to information that is already public without breach of this duty, or that a party must disclose under the law, a court decision or an order from a competent authority. In the latter case, the party concerned informs the other party in advance, insofar as legally permitted.

18.3 The duty of confidentiality continues to apply after the Agreement ends.

Article 19. Intellectual property (general)

19.1 All intellectual property rights in the Services, the Customer Portal, the Control Panel, software, documentation and other materials that WIWO Media makes available remain with WIWO Media or its licensors. The Customer only receives the rights of use expressly granted in these terms and conditions or the Agreement.

19.2 The Customer receives a non-exclusive and non-transferable right to use the Services for the duration and purpose of the Agreement.

19.3 The Customer may not remove or alter any intellectual property notices of WIWO Media or its licensors.

19.4 For Custom Work, the provisions in Part F also apply, and for software licences the provisions in Part H.

Article 20. Processing of personal data

20.1 Insofar as WIWO Media processes personal data on behalf of the Customer in performing the Agreement, the Customer is the controller and WIWO Media is the processor within the meaning of the General Data Protection Regulation (GDPR). That processing is governed by the data processing agreement, which applies between the parties upon acceptance of these terms and conditions.

20.2 For the processing of personal data for which WIWO Media itself is the controller, such as customer and billing data, WIWO Media refers to its privacy policy.

Article 21. Changes to the Agreement and additional work

21.1 If during performance it becomes apparent that the work needs to be changed or supplemented for proper performance, the parties will adjust the Agreement in good time and by mutual consultation. This may affect the price and the schedule. WIWO Media informs the Customer of this in advance as far as possible.

21.2 Work or performance that WIWO Media carries out at the request or with the prior consent of the Customer and that falls outside the content or scope of the agreed Services counts as additional work. Additional work is charged at WIWO Media's rates applicable at that time, unless a different price has been agreed.

21.3 If a fixed price has been agreed for a Service, WIWO Media informs the Customer In Writing in advance of the financial consequences of additional work and carries out the additional work only after the Customer's approval.

21.4 WIWO Media is not obliged to carry out a request for additional work or a change and may require a separate Agreement to be concluded for it. Not carrying out, or not immediately carrying out, an amended Agreement does not constitute a failure on the part of WIWO Media.

Article 22. Changes to these terms and conditions

22.1 WIWO Media may amend these terms and conditions and the documents they refer to. An amendment is announced In Writing at least 30 days before it takes effect, together with the new text or a reference to it.

22.2 Amendments of minor importance, amendments that are solely to the Customer's benefit and amendments that result from laws or regulations may take effect with a shorter notice period.

22.3 If the Customer does not wish to accept an amendment to its detriment, the Customer may terminate the Service concerned with effect from the date on which the amendment takes effect. If the Customer continues to use the Service after the effective date without terminating, the amended version applies.

22.4 The most recent version is available at /en/terms-and-conditions. Previous versions are available on request.

Article 23. Transfer and subcontracting

23.1 The Customer may not transfer its rights and obligations under the Agreement to a third party without WIWO Media's prior consent In Writing. WIWO Media will not withhold its consent on unreasonable grounds. The transfer of a domain name to a new registrant is governed by the provisions in Part C.

23.2 WIWO Media may transfer its rights and obligations under the Agreement to another company within the same group or to a third party that takes over the business activity concerned. WIWO Media informs the Customer of this. A Consumer who does not agree to the transfer may terminate the Agreement free of charge with effect from the date of transfer.

Article 24. Complaints

24.1 The Customer can submit complaints about the Services, invoices or WIWO Media's way of working in accordance with the complaints procedure. Complaints must be described fully and clearly and submitted as soon as possible after the Customer has identified the problem.

24.2 Reports about content or conduct of other customers (abuse) are handled in accordance with the procedure at /en/report-abuse.

Article 25. Governing law and disputes

25.1 Every Agreement between WIWO Media and the Customer is governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

25.2 The parties will first try to resolve a dispute by mutual consultation, including through the complaints procedure.

25.3 Disputes with Business Customers are submitted at first instance exclusively to the competent court of the District Court of Rotterdam.

25.4 A Consumer may submit a dispute to the court that has jurisdiction by law. A Consumer who lives in the Netherlands may also go to the court of their own place of residence. A Consumer's choice of the court that has jurisdiction by law is always respected.

Article 26. Final provisions

26.1 The Dutch version of these terms and conditions is authoritative and is available at /algemene-voorwaarden. This English translation is provided for convenience only.

26.2 WIWO Media's records, including log files and data in the Customer Portal, serve between the parties as the starting point for evidence, subject to evidence to the contrary from the Customer.

26.3 Provisions which by their nature are intended to continue to apply after the Agreement ends, such as confidentiality, liability, intellectual property and governing law, remain in force after the Agreement ends.

Part B. Hosting and email

Article 27. Scope

27.1 This part applies to all Services that (partly) consist of storing or transmitting the Customer's Materials, such as web hosting, email hosting and SSL certificates.

27.2 The specifications of the hosting packages (such as storage space, quantities and available PHP versions) are stated in the product description at the time of ordering. Hosting is provided on servers managed by WIWO Media in European data centres.

Article 28. Use and rules of conduct

28.1 The Customer may not use the hosting and email services for acts or content that violate the law, the rights of third parties or the acceptable use policy. This includes in any event storing or distributing material that infringes copyright or other intellectual property rights, material that is defamatory, threatening, insulting, racist, inciting hatred or discriminatory, material depicting child sexual abuse, material that violates the privacy of third parties or amounts to a form of stalking, and hyperlinks, torrents or other references to such material.

28.2 The Customer refrains from causing nuisance to other customers of WIWO Media or internet users, or damage to systems or networks. The Customer is prohibited from starting processes or programs that it knows or can reasonably suspect will cause nuisance or damage to WIWO Media, other customers or internet users, such as sending spam, carrying out attacks or distributing malware.

28.3 The Customer conducts itself on the internet in accordance with generally accepted standards of care and netiquette, and follows the further rules in the acceptable use policy.

28.4 Customer accounts on WIWO Media's servers are strictly separated from each other. The Customer does not attempt to circumvent that separation and does not attempt to gain access to data or accounts of others.

Article 29. Storage space, fair use and capacity

29.1 Every hosting package has a maximum amount of storage space. If the Customer reaches that maximum, it may no longer be possible to store data or to receive or send email. WIWO Media is not liable for the consequences. The Customer can choose a larger package or purchase additional storage space at the prices applicable at that time.

29.2 Where a package states "unlimited", for example for data traffic, email accounts or databases, reasonable use (fair use) applies as described in the acceptable use policy. Unlimited means that WIWO Media does not apply a fixed limit, not that the systems are suitable for every conceivable use.

29.3 If the Customer structurally uses considerably more capacity (such as computing power, memory, connections or data traffic) than is consistent with normal use of the package, or if the use adversely affects performance for other customers, WIWO Media will contact the Customer to find a solution, such as optimisation or a move to a suitable package or a VPS. In case of acute overload, WIWO Media may technically restrict the use immediately.

Article 30. Reporting illegal content and content moderation

30.1 WIWO Media operates a procedure through which anyone can report content or conduct on the Services that they consider illegal, criminal or in breach of the acceptable use policy (notice and takedown). The procedure and the electronic reporting point are available at /en/report-abuse, in accordance with the Digital Services Act (DSA).

30.2 WIWO Media assesses reports carefully, objectively and within a reasonable period. If in WIWO Media's judgement a report is well-founded, or if the content is manifestly illegal or criminal, WIWO Media may remove the Materials concerned or disable access to them, or suspend the Service in whole or in part. As a rule, WIWO Media first gives the Customer the opportunity to respond or to remove the Materials itself, unless the seriousness or urgency of the situation does not allow this.

30.3 If WIWO Media takes a measure against the Customer's Materials, WIWO Media informs the Customer with a clear and specific statement of reasons: which measure was taken, on the basis of which facts, whether the decision was (partly) taken by automated means, on which legal or contractual ground, and what options the Customer has to challenge it. The Customer can object to a measure through the complaints procedure and can always also go to court.

30.4 WIWO Media uses automated tools to secure the Services, such as a spam filter, a daily malware scan, checksum verification of WordPress core files, a firewall and automatic blocking of suspicious login attempts. These tools may hold back email, quarantine files or block connections. A decision to block a website or account, or to remove content, on the basis of a report from a third party is always taken by a staff member.

30.5 In the case of content or conduct that may be criminal, WIWO Media may report it to the police and provide all relevant information about the Customer and the Materials to the competent authorities. If a suspicion arises of a criminal offence that poses a threat to the life or safety of persons, WIWO Media reports this immediately to the competent authorities.

30.6 WIWO Media may only disclose the Customer's name, address and other identifying details to a reporter if this is permitted or required by law, for example if the conditions set by case law for this are met, or by order of a competent authority.

30.7 In the event of repeated well-founded reports about the Customer's Materials, WIWO Media may dissolve or terminate the Agreement.

30.8 WIWO Media is not liable towards the Customer for damage that the Customer suffers because WIWO Media acted reasonably and in good faith under this article.

Article 31. Email

31.1 WIWO Media filters incoming email for spam and harmful content and supports SPF, DKIM and DMARC. A spam filter can never be perfect: legitimate email may be wrongly held back and spam may get through. WIWO Media is not liable for the consequences.

31.2 Sending email is subject to the rules of the acceptable use policy, including the rules for newsletters and bulk email. WIWO Media may set limits on the number of messages that can be sent per unit of time, to prevent abuse and protect the reputation of the mail servers.

31.3 If a mailbox or account of the Customer is compromised and spam or phishing is sent through the Services, WIWO Media may block the mailbox concerned immediately and require the password to be changed.

Article 32. SSL certificates

32.1 With the hosting packages, WIWO Media provides free SSL certificates from Let's Encrypt, which are renewed automatically as long as the domain name points correctly to WIWO Media's hosting.

32.2 If the Customer purchases a paid SSL certificate, such as an EV certificate, the issuing certificate authority decides on issuance and carries out the validation it considers necessary. The Customer cooperates with that validation, declares that it is aware of the issuer's terms, and guarantees that it is entitled to request the certificate for the domain name concerned.

32.3 WIWO Media is not responsible for the verification of the certificate holder's identity by the issuer. A paid certificate is valid for the agreed term, unless the issuer revokes it earlier. No refunds are given after issuance, except for the Consumer right of withdrawal insofar as it applies.

Article 33. Licence to Materials

33.1 The Customer grants WIWO Media a non-exclusive licence to store, copy (including in backups), transmit and make available the Materials, solely insofar as reasonably necessary to perform the Agreement.

Article 34. End of hosting and email

34.1 When a hosting service ends, the Customer's website, databases, mailboxes and other data are deleted. The Customer itself ensures that it has secured its Materials before the Service ends and, in the event of a migration, that the DNS settings have been changed in good time.

34.2 Article 15.5 applies to backups after the Service ends.

Part C. Domain names

Article 35. Application and registration

35.1 This part applies when WIWO Media acts as an intermediary for the Customer in the registration, renewal, transfer or management of a domain name.

35.2 The application for, allocation and use of a domain name are subject to the rules and procedures of the registry concerned, such as Stichting Internet Domeinregistratie Nederland (SIDN) for .nl domain names and EURid for .eu domain names. The registry decides on allocation. WIWO Media acts as an intermediary in the application and does not guarantee that an application will be granted.

35.3 The Customer can learn of the registration through WIWO Media's confirmation and through the registry's public data (WHOIS or RDAP). An invoice for registration fees is not a confirmation of registration.

35.4 The Customer complies with the rules set by registries for the application, allocation and use of a domain name, including rules on dispute resolution. The Customer indemnifies WIWO Media against all damage relating to (the use of) a domain name on behalf of or by the Customer.

35.5 The Customer guarantees that the registration and use of the domain name do not infringe the rights of third parties, such as trademark or trade name rights.

Article 36. Registrant and data

36.1 A domain name is registered in the name of the Customer as registrant, using the details the Customer provides for this purpose. The Customer ensures that these details are accurate, complete and up to date. Incorrect registrant details may lead the registry to cancel the domain name.

36.2 If, at the Customer's request, WIWO Media registers a domain name in its own name, it does so for the benefit of the Customer and cooperates with the Customer's requests to transfer, assign, sell or cancel that domain name, provided the Customer has met its payment obligations.

36.3 The Customer authorises WIWO Media to carry out on its behalf the actions necessary for the registration, renewal, transfer, technical management and cancellation of the domain name, including changing DNS settings on the Customer's instructions. WIWO Media only changes the registrant at the Customer's request.

36.4 The Customer can manage the DNS settings of its domain names itself in the Customer Portal.

Article 37. Renewal, expiry and restoration

37.1 Domain names are renewed automatically in accordance with article 11. The renewal invoice is created 14 days before the expiry date.

37.2 If a domain name has not been renewed and paid for before the expiry date, the domain name and all services linked to it (such as website and email) are suspended.

37.3 The Customer can still restore an expired domain name through the Customer Portal for 30 calendar days after the expiry date. For the restoration, the Customer pays, in addition to the renewal price, a restoration fee. This fee differs per extension because the registry charges it to recover the domain name. The current fee is shown with the domain name in the Customer Portal and is at least EUR 50 excluding VAT (EUR 60.50 including VAT for Consumers).

37.4 After this period of 30 days, the domain name is cancelled with the registry and becomes available for registration by third parties. WIWO Media can then no longer recover the domain name for the Customer.

37.5 WIWO Media is not liable for the Customer's loss of its right to a domain name or for a domain name being applied for or obtained by a third party in the meantime, except in the case of intent or deliberate recklessness on the part of WIWO Media or if the loss results from a failure by WIWO Media in a renewal that was paid on time.

Article 38. Transfer, cancellation and suspension

38.1 The Customer can transfer a domain name to another provider. WIWO Media provides the transfer code (authorisation code) on request and cooperates with the transfer, provided the Customer has met its payment obligations for that domain name and the registry's rules allow it.

38.2 The Customer can cancel a domain name in accordance with article 11. If a domain name has been cancelled and not transferred in time, it is cancelled with the registry at the end of the current registration period.

38.3 If the Customer demonstrably fails to perform the Agreement, WIWO Media may make the domain name inaccessible or unusable, solely for as long as the Customer is in default and solely after the expiry of a reasonable period set in a notice of default In Writing.

38.4 If the Agreement is dissolved due to a failure by the Customer, WIWO Media may cancel the domain name subject to a notice period of one month, during which the Customer can transfer the domain name.

Article 39. IP addresses

39.1 IP addresses that WIWO Media makes available to the Customer remain under WIWO Media's management and cannot be taken along in the event of a migration or termination. Several customers may use the same IP address.

39.2 WIWO Media may change an IP address or assign a different address to the Customer, for example when migrating to new servers. WIWO Media informs the Customer in good time if the Customer needs to take action itself, such as changing external DNS settings.

39.3 If an IP address ends up on a blocklist as a result of the Customer's actions, WIWO Media may charge a Business Customer the reasonable costs of having that listing removed.

Part D. VPS and servers

Article 40. Scope and types

40.1 This part applies to virtual servers (VPS) and other servers that WIWO Media makes available to the Customer. WIWO Media provides these on request, based on a quotation. A VPS is provided as a managed VPS or as an unmanaged VPS, as stated in the quotation.

40.2 Part B (hosting and email) and the acceptable use policy also apply to VPS and servers, insofar as this part does not deviate from them.

Article 41. Unmanaged VPS

41.1 With an unmanaged VPS, the Customer has full control over the server, including administrator (root) rights. The Customer is itself responsible for the installation, configuration, security, updates, backups and management of the operating system and all software on the server.

41.2 With an unmanaged VPS, WIWO Media ensures the availability of the underlying infrastructure and only monitors for abuse, spam and outages. WIWO Media does not perform any management within the server unless the Customer asks it to; such work counts as additional work.

41.3 In the event of abuse, an infection or an attack originating from the server, for example because the server has been hacked, WIWO Media may immediately shut down or restrict the server or its network connection to prevent damage to third parties and to the infrastructure. Article 12.3 applies.

41.4 With an unmanaged VPS, WIWO Media does not make backups of the contents of the server, unless expressly agreed.

Article 42. Managed VPS

42.1 With a managed VPS, WIWO Media manages the operating system and the standard software specified in the quotation. This includes in any event installing security updates, monitoring the server and making backups, as further described in the quotation.

42.2 With a managed VPS, the Customer only receives administrator rights if this has been agreed. Changes that the Customer makes itself at system level fall outside WIWO Media's management. Resolving problems caused by such changes counts as additional work.

42.3 Management does not cover the Customer's applications, websites and code, unless expressly agreed.

Article 43. Use, capacity and end

43.1 The capacity of a VPS (such as processing power, memory, storage and data traffic) is stated in the quotation. Use that causes nuisance to the infrastructure or other customers is not permitted.

43.2 When the Agreement ends, the VPS and all data on it are deleted. The Customer itself ensures that its data is secured in good time. A wiped VPS cannot be restored.

Part E. Maintenance and SLA

Article 44. Scope and content

44.1 This part applies to WIWO Media's Maintenance and SLA packages (Basis, Premium, Ultimate and VIP), under which WIWO Media takes on the technical maintenance of a Customer website, in particular WordPress websites.

44.2 The content of the packages is set out in the product description at the time of ordering and in the service level agreement. Depending on the package, maintenance includes updating WordPress, plugins and themes, backups, malware scans, database optimisation and a number of support hours per month. The Ultimate and VIP packages include additional security measures. The VIP package also includes hosting, to which Part B applies.

44.3 Support hours included in a package apply per calendar month. Unused hours expire at the end of the month and are not carried over to a following month or credited. Work beyond the included hours is invoiced as additional work, after prior approval by the Customer.

44.4 Response times are an obligation to use reasonable efforts. Customers with a higher package receive priority in the handling of reports, as described in the service level agreement.

Article 45. Limits of maintenance

45.1 WIWO Media carries out updates carefully, but cannot guarantee that an update of WordPress, a plugin or a theme will have no undesirable effects. If an update causes a problem, WIWO Media restores functionality where necessary by rolling back the update or restoring a backup.

45.2 WIWO Media may postpone or skip an update if in its judgement it poses risks to the operation of the website.

45.3 Unless expressly agreed otherwise, the following fall outside maintenance: developing new functionality, substantive changes to texts and design, problems caused by changes made by the Customer or third parties, licence costs of premium plugins and themes, and problems in software for which updates are no longer released. WIWO Media can only update premium plugins whose licence the Customer manages itself if the Customer makes a valid licence available.

Part F. Custom Work (websites, apps and AI solutions)

Article 46. Scope, quotation and schedule

46.1 This part applies to Custom Work, such as designing and building websites and online stores, mobile apps, web apps, integrations, AI automation and AI solutions, and to other work on an hourly basis such as web support and social media management.

46.2 The content, price and schedule of Custom Work are set out in a quotation. If no fixed price has been agreed, invoicing is based on the hours actually worked at WIWO Media's applicable hourly rate, or the hourly rate stated in the quotation.

46.3 The Customer provides the content (such as texts, images and house style), login details and feedback required in good time. The Customer guarantees that it is entitled to use the material it provides and that this does not infringe the rights of third parties. WIWO Media may technically adapt the material provided insofar as necessary for proper functioning, such as resizing images.

46.4 If a project stalls for longer than three months due to circumstances on the Customer's side, WIWO Media may invoice the work performed up to that point and consider the project terminated, after informing the Customer In Writing.

Article 47. Design, delivery and acceptance

47.1 WIWO Media first presents the Customer with a design or initial draft. The quotation states how many rounds of revisions are included. After approval of the design or initial draft, further changes to the design count as additional work.

47.2 After delivery, the Customer has 14 days to test the deliverable and to report any defects In Writing, with reasons. The deliverable is deemed accepted if the Customer does not report any defects within that period, or if the Customer puts the deliverable into use, for example by taking a website live or publishing an app.

47.3 Minor defects that do not materially hinder use do not prevent acceptance. WIWO Media remedies reported defects within a reasonable period.

47.4 WIWO Media remedies free of charge any defects that come to light within three months of acceptance and that result from errors by WIWO Media. This does not apply to defects caused by changes made by the Customer or third parties, by updates of third-party software, or by use contrary to the documentation.

Article 48. Intellectual property and right of use

48.1 All intellectual property rights in designs, software, source code, websites, apps, concepts and other material produced by WIWO Media remain with WIWO Media, unless expressly agreed otherwise In Writing. A transfer of rights can be agreed; WIWO Media may stipulate a fee for this.

48.2 After full payment, the Customer obtains a perpetual, non-transferable right to use the deliverable for the purpose for which it was made. For graphic designs, such as a logo or website design made specifically for the Customer, this right is exclusive: WIWO Media will not use that design for another customer.

48.3 Without WIWO Media's consent In Writing, the Customer may not use the deliverable for websites, apps or applications other than those for which it was made, nor reproduce it or sell it to third parties. The Customer may, however, have maintenance and further development of the deliverable carried out by third parties, for its own use.

48.4 Ideas, concepts and (draft) designs provided by WIWO Media that do not lead to an assignment remain the property of WIWO Media and may not be used without consent. In the event of a proven infringement, WIWO Media may charge a reasonable fee.

48.5 Source code is made available to the Customer if this has been agreed. For websites based on WordPress or another open CMS, the Customer has access to the files of its own website.

48.6 The deliverable may contain open source components, plugins, fonts, stock images and other third-party components. These are subject to the licence terms of those third parties. Licence fees for third-party components are only included if stated in the quotation.

48.7 WIWO Media may use the knowledge it gains during performance for other purposes, provided no confidential information of the Customer is disclosed to third parties.

Article 49. Credit and portfolio

49.1 WIWO Media may modestly include its name with a link in the footer of a website or online store it has developed. The Customer can agree, at the time of the assignment or later and for a fee, that this credit is omitted.

49.2 WIWO Media may include the deliverable, with the Customer's name, in its portfolio and use it for promotional purposes, unless the Customer objects or the Agreement is confidential.

Article 50. Apps and third-party platforms

50.1 Publication of an app in the App Store, Google Play or another platform is generally done through a developer account in the Customer's name. The Customer is responsible for the costs of that account and for compliance with the platform's terms.

50.2 WIWO Media has no influence over reviews, rejections or policy changes by platforms, browsers, operating systems or other third parties, and does not guarantee that an app or integration will be admitted by a platform or will continue to work after a change by that third party. Adjustments that become necessary as a result count as additional work, unless they are covered by a maintenance arrangement.

50.3 Integrations with third-party systems (such as accounting, payment or telephony systems) work in accordance with the documentation made available by the third party. WIWO Media is not responsible for changes or disruptions on the third party's side.

Article 51. AI solutions

51.1 For AI solutions, WIWO Media uses AI models, including third-party models. The output of AI models is probability-based and may be inaccurate, incomplete or inappropriate. WIWO Media does not guarantee that output is error-free.

51.2 The Customer is responsible for the way it deploys an AI solution, for human oversight of output where appropriate, and for complying with the rules that apply to it as deployer, such as the AI Act (including transparency towards end users and customers), the GDPR and sector-specific rules. WIWO Media advises the Customer on this on request.

51.3 WIWO Media deploys AI solutions in such a way that the Customer's data is not used to train third-party models, insofar as the chosen supplier makes this possible. Where personal data is processed, the data processing agreement applies, including the rules on transfers outside the European Economic Area.

51.4 Usage costs of third-party AI models (such as costs per processed request) are passed on as stated in the quotation.

Part G. Telephony (VoIP)

Article 52. Scope

52.1 This part applies to WIWO Media's telephony services, such as hosted telephony through WIWO Media's own telephone exchanges, telephone numbers, IVR menus and AI-driven telephony.

Article 53. Telephone numbers and number portability

53.1 Telephone numbers that WIWO Media assigns to the Customer are used in accordance with the numbering plan and the rules applicable in the Netherlands. The Customer receives a right to use the number and does not become its owner.

53.2 The Customer can port an existing number to WIWO Media and, at the end of the Agreement, have a number ported to another provider, in accordance with the applicable number portability rules. The Customer does not terminate the service with its previous provider until the porting has been completed.

53.3 If a number is not ported at the end of the Agreement, the right of use lapses and WIWO Media may reissue the number after a waiting period.

Article 54. Emergency calls

54.1 The emergency number 112 can be called through WIWO Media's telephony service. Internet telephony depends on a working internet connection, power supply and the Customer's equipment. If any of these fails, 112 may not be reachable.

54.2 When an emergency call is made through the telephony service, the emergency control room does not automatically see where the caller is. Anyone calling 112 must therefore always state their address themselves. The same applies to anyone calling with the app from another location. The Customer ensures that the address known to WIWO Media matches the location where the service is used, and reminds its users to state their address themselves when making an emergency call.

54.3 Calling 112 always works, even if the Customer's telephony service has been suspended. Article 54.1 continues to apply.

Article 55. Use, security and costs

55.1 The Customer is responsible for securing its handsets, softphones and login details. The Customer uses strong passwords and changes default passwords immediately.

55.2 Call charges arising through the Customer's account or devices are for the Customer's account, even if they result from misuse by third parties (such as toll fraud) through the Customer's login details or equipment, unless the misuse results from a failure by WIWO Media.

55.3 WIWO Media monitors call traffic for unusual patterns and may immediately block an account, destination or number if misuse is suspected. WIWO Media may set call limits, for example for international or premium-rate destinations.

55.4 The telephony service may not be used for unsolicited automated calls, telemarketing in breach of the law, spoofing of caller ID or other forms of misuse as described in the acceptable use policy.

55.5 Call charges are invoiced in arrears at the applicable rates, unless a bundle has been agreed. Reasonable use (fair use) as described in Article 55.6 applies to bundles and "unlimited calling".

55.6 Unlimited calling is subject to fair use: an average of 1,000 minutes per user per month, calculated across the Customer's entire account. If the Customer is well above that for three consecutive months, WIWO Media will first get in touch and WIWO Media and the Customer will look for a suitable plan together. If that does not work out, WIWO Media charges the minutes above the limit at the standard per-minute rate. Unlimited calling is not intended for call centres and telemarketing, autodialers, resale, SIM boxes or 090x numbers.

Article 56. Quality, availability and recordings

56.1 Voice quality depends on the Customer's internet connection and network. WIWO Media is not responsible for quality problems caused by the Customer's connection, network or equipment.

56.2 If the Customer uses features such as recording or transcribing calls or AI-driven telephony, the Customer is responsible for ensuring that this is done lawfully, including informing callers.

56.3 WIWO Media does not (yet) offer an SLA for telephony: as long as the platform is not set up redundantly, WIWO Media does not guarantee an availability percentage. Article 14 applies. The service level agreement does not apply to telephony.

Part H. Software licences (WIWO Kassa)

Article 57. Licence

57.1 This part applies to software that WIWO Media licenses, such as WIWO Kassa.

57.2 For the duration of the Subscription, the Customer obtains a non-exclusive, non-transferable and non-sublicensable right to use the software for its own business operations, within the limits of the licence purchased (such as the number of locations, tills or users).

57.3 The Customer may not copy (except insofar as technically necessary for use), modify, decompile or make the software available to third parties, except insofar as mandatory law permits.

Article 58. Updates and support

58.1 WIWO Media makes updates available during the Subscription. WIWO Media may change the functionality, provided the core functionality is retained. Article 6.5 applies.

58.2 The Customer provides suitable and up-to-date hardware, an operating system and an internet connection in accordance with the system requirements specified by WIWO Media. Problems caused by the Customer's hardware, peripherals or networks fall outside support.

Article 59. Data and legal obligations

59.1 The Customer remains the owner of the data it records with the software, such as transactions and product data.

59.2 The Customer is itself responsible for complying with the tax and administrative obligations that apply to it, such as the statutory retention obligation and the accuracy of prices and VAT rates it sets in the software. The Customer ensures timely export of data it is required to retain.

59.3 When the Subscription ends, the Customer can export its data for 30 days. After that, WIWO Media may delete the data.

Appendix. Model withdrawal form

(Only complete and return this form if you, as a Consumer, wish to withdraw from the Agreement.)

To: CW Nederland B.V., trading as WIWO Media, Mina Krusemanstraat 38, 3207 DE Spijkenisse, the Netherlands, info@wiwomedia.nl

• I/We () hereby give notice that I/we () withdraw from my/our (*) contract for the provision of the following service:
• Ordered on () / received on ():
• Name of consumer(s):
• Address of consumer(s):
• Customer number or invoice number (if known):
• Signature of consumer(s) (only if this form is submitted on paper):
• Date:

(*) Delete as appropriate.