Terms and conditions Web shop time
Article 1 - Definitions
The following definitions are used in these General Terms and Conditions, both singular and plural.
1.1 General Terms and Conditions: the present general terms and conditions, regardless of the form in which they are made known (on paper or electronically).
1.2 The private company with limited liability BVBA SEOboost “Webshoptime”, established in Otegem (8553), Mussestraat 16 Belgium (VAT number:: BE0686853238).
1.3 User: an adult who is legally competent and has authorized natural disposition or a legal person who has registered on the Website.
1.4 Registration: the complete completion and sending of the registration form present on the Website, which makes it possible to use the Services of BVBA SEOboost “Webshoptime”.
1.5 Website: www. and consult all other sites registered under the name of BVBA SEOboost in the register of DNS Belgium.
1.6 Customer: the User with whom BVBA SEOboost "Webshoptime" has concluded an agreement and / or for whom the legal act has been / will be performed, on the basis of which BVBA SEOboost "Webshoptime" provides Services to this party.
1.7 Services: all work and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between BVBA SEOboost "Webshoptime" and the Customer. In particular, requesting 'real-time' domain names, including, but not limited to, '.eu' domain names and requesting a hosting package for a website.
1.8 DNS Belgium: Internet Domain Name Registration.
Article 2 - Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to and form part of all offers, quotations, agreements and other legal acts, whether orally, in writing, electronically or in any other form, regarding delivery by BVBA SEOboost "Webshoptime" of Services to or on behalf of the Client.
2.2 These General Terms and Conditions also apply to Services in which BVBA SEOboost has purchased “Webshoptime”, in whole or in part, from third-party services and, whether or not processed, delivers to Customer, as well as Services that implement the offer, quotation, agreement or other legal act on behalf of BVBA SEOboost "Webshoptime" are delivered to the Customer by a third party.
2.3 Deviations from these General Terms and Conditions are only valid if they have been explicitly agreed in advance by BVBA SEOboost “Webshoptime” and the Customer.
2.4 The applicability of the Client's general terms and conditions is expressly rejected.
2.5 If and insofar as any provision of these General Terms and Conditions is void or voidable or is annulled, the other provisions of these General Terms and Conditions will remain in full force. BVBA SEOboost “Webshoptime” and the Client will then consult with each other about a new provision to replace the invalid / voided provision, whereby the scope of the invalid / voided provision is taken into account as much as possible.
2.6 BVBA SEOboost "Webshoptime" is at all times authorized to change these General Terms and Conditions. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the change.
Article 3 - Agreement
3.1 All offers from BVBA SEOboost "Webshoptime" are without obligation, unless explicitly stated otherwise in writing.
3.2 All quotations made by or on behalf of BVBA SEOboost "Webshoptime" are without obligation, unless BVBA SEOboost "Webshoptime" states otherwise in writing or by e-mail.
3.3 All agreements between BVBA SEOboost "Webshoptime" and the Client are drawn up exclusively in Dutch.
3.4 An agreement is concluded when a User fills in the order form placed by BVBA SEOboost “Webshoptime” on the Website and confirms that form by sending.
3.5 Additions and changes to the agreement are only valid if the parties have agreed this in writing.
3.6 Unless explicitly agreed otherwise in an agreement, agreements are entered into for 12 months from the date of dispatch of the form by the Customer.
3.7 The agreement will be automatically extended for the same period if no one (1) month before the end of the agreement has been canceled via the online customer panel on Webshoptime.be. If the Customer is a consumer, the Agreement will be entered into for a period of 1 year. Customer has the right to cancel the Agreement at the end of this period with due observance of a cancellation period of 1 month. If the Client does not cancel the agreement, it will automatically be extended to an Agreement of indefinite duration. In this case the customer has the right to cancel the Agreement with due observance of a notice period of 1 month. Costs made by BVBA SEOboost “Webshoptime” on behalf of the Client or which can no longer be canceled, after entry into force or the automatic extension of the Agreement, will not be refunded as a result of the cancellation, or at least remain undiminished after cancellation. Cancellation must be done via the online customer panel on Webshoptime.be.
3.8 Specified deadlines for delivery by BVBA SEOboost "Webshoptime" of Services only serve as a guideline and are therefore never fatal, unless explicitly agreed otherwise in writing.
Article 4 - Domain registration
4.1 The application and use of a domain name and / or IP addresses are subject to the then applicable rules and procedures of the relevant registration authorities, including but not limited to the SEOboost “Webshoptime”. The relevant authority decides on the extension of domain name and / or IP addresses. BVBA SEOboost “Webshoptime” only plays a mediating role in the application and does not guarantee that an application will also be honored.
4.2 Domain names are registered in the name of the Customer and the Customer is fully responsible for the use of the domain and the domain name. The Client indemnifies BVBA SEOboost "Webshoptime" against any claim by third parties in connection with the use of the domain name. This also applies to anonymous domain names.
4.3 If the Customer has registered the domain name anonymously with BVBA SEOboost "Webshoptime", BVBA SEOboost "Webshoptime" has the right to transfer the personal data of the actual holder to third parties at all times.
4.4 With an anonymous domain registration, the customer remains responsible for the domain name. Any costs incurred will be recovered from the customer.
4.5 It is not permitted to anonymously register a domain name that is registered as a trademark or registered as a trade name in the Register of the Crossroads Bank, unless it is demonstrably a trademark or trade name of the Client.
4.6 BVBA SEOboost "Webshoptime" reserves the right to change an anonymous domain name to data of the Customer.
Article 5 - Hosting
5.1 BVBA SEOboost "Webshoptime" has a best efforts obligation with regard to the availability of the server and the network, in accordance with the agreed service level. BVBA SEOboost "Webshoptime" is not liable if this level is not achieved at any time, regardless of the cause of not achieving this level.
5.2 BVBA SEOboost "Webshoptime" is not liable for failure or inaccessibility of the server and the network as a result of force majeure, including but not limited to: disruptions in the internet or with other providers, failure of electricity, attempts by third parties failure or unreachability of a to realize the site..DDoS attacks and maintenance work are excluded from the offered uptime guarantee.
5.3 BVBA SEOboost "Webshoptime" is not liable for damage as a result of providing cooperation or giving effect to an official order, including facilitating the seizure of and giving access to or the delivery of data stored by the Customer. and Personal data.
5.4 The Client is not permitted to use the Services and / or the available disk space for:
- acts and / or behaviors in violation of the applicable legal provisions, the Netiquette or the guidelines of the Advertising Code Committee;
- sending unsolicited e-mail and / or unsolicited posting of messages with the same content in large numbers of newsgroups on the internet (spamming);
- infringing on intellectual property rights of third parties, including but not limited to copyright infringement;
- making public or distributing punishable texts and / or images or sound material, including but not limited to child pornography, racist material and discriminatory or hate speech;
- sexual harassment or other harassment;
- crypto mining services;
- unauthorized intrusion into other computers or sites on the internet or an intranet, whereby or not any security is breached and / or access is gained by a technical intervention using false signals or a false key, or by accepting a false quality (hacking). Computers also include devices such as smartphones, peripherals, such as (3D) printers and scanners and vehicles equipped with WiFi;
- spreading computer viruses and placing spyware and malware;
- any other act in violation of the law, the rules of conduct, as well as what is acceptable in society.
5.5 The Client is not permitted to rent the disk space made available to third parties or to have it used by third parties in another way. This article only applies to web hosting and not to vps hosting, reseller hosting or cloud servers.
5.6 BVBA SEOboost “Webshoptime” is entitled in the following cases to completely block the Customer's website without prior warning and without giving reasons for all use or to remove it from the server, without the Customer being able to assert any right to compensation and to compensate BVBA SEOboost "Webshoptime" for all damage resulting from the violation by BVBA SEOboost "Webshoptime" or suffered by third parties. Non-payable subscription fees will be returned or settled:
- if Customer breaches the provisions of Article 5.3 or if there is a serious suspicion of violation;
- if (a part of) the site of the Client is a cause or threatens to become the cause of 'going down' or becoming unavailable from a server of BVBA SEOboost 'Webshoptime';
- if it appears that the Customer has provided false and / or incorrect personal or company data;
- if it appears that the Customer has entered into the agreement under false pretenses;
- on the basis of a court order (declared enforceable in stock or resigned) or a given official order.
5.7 BVBA SEOboost “Webshoptime” has no influence on the information that is placed on the site or that is distributed via the servers and is not liable for any consequences thereof. Nor is BVBA SEOboost "Webshoptime" liable for the leakage of confidential data. Customer is responsible for the use of credit card payments and acceptance mechanisms or the use of electronic money through the site or otherwise.
5.8 Customer is responsible for a regular backup of all files on the server, BVBA SEOboost "Webshoptime" does not bear any responsibility for any loss of data and the resulting damage.
5.9 BVBA SEOboost “Webshoptime” is entitled without prior notice to (temporarily) disable the applications and / or limit their use to the extent that this is necessary for the required maintenance or for improvement of the system or application.
5.10 The temporary unavailability or reduced availability of the application never gives the Client the right to any reimbursement of (part of) an invoice.
5.11 The Client is expressly not permitted to use IRC (Internet Relay Chat) or any other comparable program.
5.12 The Client is expressly not permitted to set up a chat service.
5.13 The Client is expressly not permitted to set up an (anonymous) proxy.
5.14 MySQL databases is based on Fair use policy (both number and storage). With extreme use it is possible that BVBA SEOboost asks "Webshoptime" to limit the number of databases and / or storage.
5.15 The customer is expressly not permitted to use web space as a backup and / or file storage (other than the Customer's website and possibly some backups thereof), including offering file, photo or video sharing and the use of the Service as a backup medium. This is permitted for cloud servers.
5.16 Unlimited data traffic is based on Fair Use Policy
5.17 Unlimited storage is based on Fair Use Policy. In the event of abuse of the unlimited hosting and data traffic package agreed with BVBA SEOboost "Webshoptime" BVBA SEOboost “Webshoptime” entitled to limit the use of that package after finding the misused. BVBA SEOboost “Webshoptime” will in that case contact the Customer to come to a suitable solution in consultation with the Customer. The agreements made with the Client are laid down in writing by the parties.
Article 6 - Decommissioning
6.1 BVBA SEOboost "Webshoptime" is entitled - without being obliged to pay any compensation - to render the Services (temporarily) out of service and / or to limit their use if the Customer has no obligation towards BVBA SEOboost "Webshoptime" complies and / or acts contrary to these general terms and conditions and / or on the basis of a (enforceable declaration of stock or res judicata) judicial judgment and / or a given official order. Customer remains obliged to pay his payment obligations on the basis of the agreement concluded with Customer.
6.2 Commissioning will be resumed as soon as possible after the Client has fulfilled its obligations and a set amount for commissioning has been paid and / or if BVBA SEOboost “Webshoptime” receives a written message from the competent authority that the services may be carried out again.
Article 7 - Prices and rates
7.1 All prices and rates stated by BVBA SEOboost “Webshoptime” apply in euros, unless explicitly stated otherwise in writing in advance.
7.2 All prices and rates stated by BVBA SEOboost “Webshoptime” are exclusive of turnover tax (VAT) and exclusive of any other government-imposed taxes, as well as exclusive transport and delivery costs or travel and accommodation costs, unless explicitly stated otherwise in writing.
7.3 BVBA SEOboost "Webshoptime" is at all times entitled to adjust its prices and rates. The announced price changes take effect two (2) months after the announcement thereof.
7.4 Customer is entitled to terminate the agreement on the date the change comes into effect. Cancellation must take place via the customer panel.
Article 8 - Payment
8.1 The payment obligation of the Client starts on the day that the agreement is concluded. The payment relates to the period that starts on the day of the actual provision of Services of BVBA SEOboost "Webshoptime".
8.2 Payment must be made in the currency as stated on the invoice. Payment in cryptocurrency is not accepted by BVBA SEOboost “Webshoptime”, unless explicitly agreed in writing with BVBA SEOboost “Webshoptime”.
8.3 The customer must pay the invoices of SEOboost "Web shop time" within the payment term stated on the relevant invoice. If no payment term is specified on an invoice, a payment term of 8 (eight) days applies.
8.4 All payments by Customer to BVBA SEOboost "Webshoptime" are deducted from the oldest claim of SEOboost, regardless of any other indication by Customer.
8.5 The customer is not entitled to suspend his payment obligations than to proceed with the settlement of a (alleged) claim on BVBA SEOboost "Webshoptime" with any amount owed to BVBA SEOboost "Webshoptime".
8.6 If the Customer does not pay any invoice from BVBA SEOboost “Webshoptime” within the payment period, the Customer is legally in default, without any notice of default or demand being required.
8.7 If no payment has been received on the due date, a Customer who is a consumer will owe statutory interest on the amount owed. A Client who acts in the name of a profession or company owes statutory commercial interest.
8.8 If the Client, after a written reminder to pay the amount due within two weeks after the reminder, does not pay, the client will owe reminder costs of € 35. if the amount owed, plus the interest due, remains to be paid in accordance with Article 8.6, the Client will owe reminder costs of € 35 excluding VAT.
8.9 If the Client, after a written demand for payment, as described in 8.7, does not pay within the specified period, BVBA SEOboost "Webshoptime" is entitled to hand over the claim for collection. In that case, in addition to payment of the principal sum, the client is also obliged to pay the interest and reminder costs for all damages suffered by BVBA SEOboost “Webshoptime”, as well as all extrajudicial and judicial (collection) costs (including but not limited to, bailiff's costs) , court fees, follow-up costs and lawyer fees). The amount of the extrajudicial costs is at least 15% of the principal sum, with a minimum of € 375 including VAT.
8.10 If the Client is of the opinion that an invoice is incorrect, the Client may object to the invoice in writing. An objection must be received two weeks after the invoice date by BVBA SEOboost "Webshoptime". Objections must be submitted to the office address of BVBA SEOboost "Webshoptime" or sent by e-mail to: [email protected] After receiving the objection, BVBA SEOboost "Webshoptime" will initiate an investigation. In the case of objections that have not been submitted or have not been submitted on time, the amount invoiced or collected will be regarded as correct and accepted by the Customer.
8.11 If the customer uses the direct debit payment method, BVBA SEOboost "Webshoptime" will automatically collect the amount due from the specified bank account. The customer is responsible for the correctness of the bank details provided, including but not limited to the account number and the name.
8.12 If the customer uses the direct debit payment method and the debit is canceled, the customer administration is due.
Article 9 - Termination
9.1 Customer must cancel the agreement in accordance with Article 3.8 or Article 7.4. Cancellation should only be done through the online customer panel on Webshoptime.be.
9.2 Each party is entitled to terminate the agreement through extrajudicial dissolution if the other party imputably fails in the fulfillment of essential obligations under the agreement and does not restore such a defect within a reasonable period of time after having been duly notified in writing. Dissolution does not release the Client from any payment obligation with regard to Services already provided by BVBA SEOboost "Webshoptime", unless BVBA SEOboost "Webshoptime" with regard to these Services is in default.
9.3 BVBA SEOboost “Webshoptime” is entitled to terminate the agreement with immediate effect without notice and / or judicial intervention if:
- Customer has been declared bankrupt;
- Customer has applied for or obtained a provisional or definitive suspension of payment;
- Customer has lost free control over (part of) his assets;
- If the Client is a legal person: changes its legal form, merges with or is taken over by another legal person, or ceases to exist.
- BVBA SEOboost “Webshoptime” has reasons to doubt the payment option of the Client to (timely) fulfill its obligations under the agreement.
9.4 BVBA SEOboost "Webshoptime" is entitled to terminate the agreement without judicial intervention with immediate effect, or to put it out of operation, in the cases described in article 4.
9.5 BVBA SEOboost "Webshoptime" is entitled to immediately cancel the domain names, or to change the domain name holder data to the data of BVBA SEOboost "Webshoptime", In the event of dissolution on the grounds stated in this article 9.
9.6 In the event of dissolution on the grounds stated in this article 9, the Client is not entitled to any compensation.
Article 10 - Liability
10.1 BVBA SEOboost "Webshoptime" in its activities depends on the cooperation, services and deliveries of third parties, on which BVBA SEOboost "Webshoptime" can exercise little or no influence. BVBA SEOboost "Webshoptime" is not liable as a result of any shortcoming in the fulfillment of an obligation of said third parties.
10.2 Any liability of BVBA SEOboost "Webshoptime" for any other form of damage under the agreement concluded with the Customer and these General Terms and Conditions is excluded, unless the Customer demonstrates that the damage is the result of intent or deliberate recklessness of BVBA SEOboost "Webshoptime".
10.3 The Client indemnifies BVBA SEOboost "Webshoptime" for all claims for compensation that third parties may assert with regard to damage that has arisen in any way as a result of the unlawful or careless use of the services provided to the Client by or through BVBA SEOboost "Webshoptime". This includes, but is not limited to, a fine from BVBA SEOboost “Webshoptime” for the transfer of any domain name without the permission of the person entitled and compensation for a third party whose domain has been unlawfully moved.
10.4 If and insofar as BVBA SEOboost “Webshoptime” towards the Customer in the context of the agreement concluded with the Customer or these General Terms and Conditions is nevertheless obliged to pay compensation, BVBA SEOboost “Webshoptime” is only bound to compensate direct damage, up to a maximum amount of below the liability insurance of BVBA SEOboost "Webshoptime" amount to be paid, possibly increased by the deductible of BVBA SEOboost "Webshoptime". If and insofar as, for whatever reason, no payment is made under the aforementioned liability insurance, the liability of BVBA SEOboost "Webshoptime" is limited to compensation for direct damage up to an amount equal to the compensation received from BVBA SEOboost "Webshoptime" from the Customer. under the Agreement in the twelve months prior to the event giving rise to the damage.
10.5 The Client is liable for all damages that BVBA SEOboost "Webshoptime" may suffer as a result of a shortcoming attributable to the Client in the fulfillment of the obligations arising from the agreement and these General Terms and Conditions.
10.6 Changes in the data of the Customer must immediately be communicated in writing to BVBA SEOboost “Webshoptime”. In the absence of this, the Client is liable for any damage suffered by the Client or BVBA SEOboost "Webshoptime" as a result thereof.
Article 11 - Privacy
11.1 BVBA SEOboost “Webshoptime” processes, in or in connection with the performance of its Services, personal data in the sense of the General Data Protection Regulation (“AVG”). Customer is designated as the controller of the processing of the Personal Data and BVBA SEOboost "Webshoptime" as a processor. The terms and conditions of this processing of personal data by BVBA SEOboost "Webshoptime" for the benefit of the Client are set out in the Data Processing Annex of these General Terms and Conditions.
11.2 BVBA SEOboost "Webshoptime" processes Personal data of its customers, prospects and other business contacts. BVBA SEOboost "Webshoptime" is the controller with regard to the processing of this personal data. The complete and current privacy statement of BVBA SEOboost "Webshoptime" can be consulted via https://www.Webshoptime.be/privacy-policy
11.3 BVBA SEOboost “Webshoptime” represents (as a registrar) the holders of domain names in their subscription relationship with the relevant managing bodies. BVBA SEOboost “Webshoptime” exchanges personal data (name, e-mail address, telephone number, correspondence address) with the relevant managing body and other registrars, insofar as necessary for the registration or transfer of domain names. A processing agreement exists between BVBA SEOboost "Webshoptime" and the relevant registrars. BVBA SEOboost "Webshoptime" is not responsible for the way in which the managing authorities process personal data. For this, the Client must consult the privacy statement of the relevant managing body.
Article 12 - Applicable law and competent court
12.1 All disputes between BVBA SEOboost "Webshoptime" and the Client are governed by Dutch law.
12.2 All disputes between BVBA SEOboost "Webshoptime" and the Client are, in the first instance, submitted exclusively to the competent court in the Central Court of the Netherlands.
Appendix Data processing
Article 1 - Definitions
The names and terms in this Appendix that are written with a capital letter have the following meaning:
1.1 Personal data: all information about an identified or identifiable natural person;
1.2 Processing: an operation or a whole of operations with regard to Personal Data or a whole of Personal Data, whether or not automated, such as collecting, recording, organizing, structuring, storing, updating or changing, retrieving, consulting, using, providing by means of of forwarding, distributing or otherwise making available, aligning or combining, shielding, deleting or destroying data;
1.3 Privacy legislation: all applicable laws and regulations on the processing of personal data - but not limited to - the General Data Protection Regulation;
1.4 Data breach (s): a breach of personal data, or any breach of security that accidentally or unlawfully leads to the destruction, loss, alteration, or unauthorized disclosure of or unauthorized access to forwarded, stored or otherwise processed data.
1.5 Processing Controller: Customer, being the (legal) person who (alone or together with others) determines the purpose and means for the Processing of personal data and is obliged to take the guarantees required by that Processing on the basis of Privacy legislation;
1.6 Processor: BVBA SEOboost “Webshoptime”, being the (legal) person who processes Personal Data for the Processing Responsible Party;
1.7 Sub-processor: the (legal) person who in turn benefits for BVBA SEOboost “Webshoptime” Processed personal data;
1.8 Agreement: the Agreement concluded between the Parties with regard to the services of BVBA SEOboost “Webshoptime” to the Client, of which this Appendix forms an attachment;
Article 2 - Subject
2.1 BVBA SEOboost “Webshoptime” will process Personal Data on or in connection with the performance of its Services on behalf of Customer.
2.2 On the basis of Privacy legislation, the Client is designated in this capacity as Processing Responsible for the Processing of Personal Data and BVBA SEOboost “Webshoptime” as a Processor. This Appendix contains the terms and conditions of this Processing of Personal Data by BVBA SEOboost “Webshoptime”.
Article 3 - Obligations BVBA SEOboost "Web shop time"
3.1 BVBA SEOboost “Webshoptime” processes Personal Data only to the extent necessary in or in connection with the implementation of the Agreement concluded between Parties. The Processing of Personal Data by BVBA SEOboost “Webshoptime” is done in a proper and careful manner, in accordance with Privacy legislation and in accordance with the (written) instructions of the Customer. The Client guarantees that its instructions are in accordance with Privacy Law.
Article 4 - Sub-processors
4.1 BVBA SEOboost “Webshoptime” is entitled to use Sub-processors for the Processing of Personal Data, provided that BVBA SEOboost “Webshoptime” ensures that sub-processors to be engaged assume at least the same obligations as on BVBA SEOboost “Webshoptime” on the basis of this Annex.
4.2 BVBA SEOboost “Webshoptime” remains the Customer's point of contact in this relationship.
Article 5 - Transfer of Personal Data
5.1 BVBA SEOboost "Webshoptime" will only transfer Personal Data to a country outside the European Economic Area, provided that that country guarantees an adequate level of protection and that it meets the other obligations imposed on it by virtue of this Annex and Privacy Law.
5.2 BVBA SEOboost "Webshoptime" will only transfer Personal Data to the United States on the basis of an EU model contract or to companies certified by the US Department of Commerce on the basis of the Privacy Shield.
Article 6 - Security
6.1 BVBA SEOboost "Webshoptime" will endeavor to take adequate suitable technical and organizational measures to protect the servers (hardware) and the Personal Data stored thereon against loss and against any form of unlawful Processing. These measures guarantee, taking into account the state of the art, the implementation costs, an appropriate security level in view of the risks of the Processing and the nature, scope and context of the Personal Data to be protected.
6.2 Customer is responsible for taking appropriate technical and organizational security measures with regard to the software and applications used.
Article 7 - Reporting obligation
7.1 In order to enable the Customer to comply with the legal Data Leak Reporting Obligation, SEOboost informs “Webshoptime” of this immediately after it has become aware of a Data Leak. This notification as includes a description of:
- the Data breach;
- the nature of the infringement (including copying, changing, deleting, theft, unknown);
- when the Data breach occurred;
- the technical measures taken by BVBA SEOboost "Webshoptime" to stop the infringement and prevent future infringements.
7.2 BVBA SEOboost “Webshoptime” provides further information on the Data Leak at the Customer's request, to the extent necessary for the Customer to comply with its legal obligations regarding reporting to the Dutch Data Protection Authority and Data Subject.
7.3 BVBA SEOboost “Webshoptime” on the basis of the Telecommunications Act, it may have the obligation to independently report (security) incidents and Data breaches to the Telecomwet Reporting Obligation Counter.
Article 8 - Rights of Data Subject (s)
8.1 Taking into account the nature of the processing BVBA SEOboost “Webshoptime” Controllers to the extent possible, assistance in fulfilling their duty to respond to requests for the exercise of the Rights of the Data Subject (s) laid down in Chapter III of the GPR, by means of appropriate technical and organizational measures.
8.2 BVBA SEOboost "Webshoptime" immediately informs the Client of a request (s) from Data Subject directly addressed to BVBA SEOboost "Webshoptime". BVBA SEOboost “Webshoptime” will ensure that sub-Processors engaged by it do not respond independently to requests as referred to in Article 8.1 of this Processor Agreement, unless written instructions have been issued for this.
Article 9 - Data protection impact assessment
9.1 BVBA SEOboost “Webshoptime” provides the Client with assistance as far as possible in carrying out a data protection impact assessment by making all relevant information available to assess the effect of the intended processing activities on the protection of Personal Data.
Article 10 - Audits
10.1 If the information and documentation provided by BVBA SEOboost "Webshoptime" insufficiently demonstrates compliance with this Processor Agreement by BVBA SEOboost "Webshoptime", the customer has the right to perform an audit or have it carried out. The costs of the audit are borne by the Client.
10.2 An audit initiated by the Customer takes place no later than two weeks after prior notice, accompanied by a description of the components covered by the audit and the process, once a year.
10.3 Processor shall cooperate with the audit and make all information reasonably relevant to the audit, including supporting data, available as timely as possible and within a reasonable period of time. Parties will assess the outcome of the audit in mutual consultation.
Article 11 - Confidentiality
11.1 BVBA SEOboost "Webshoptime" undertakes, unconditionally and irrevocably, to maintain confidentiality during and after termination of this Agreement of all Personal Data of which it is aware or can reasonably suspect.
11.2 BVBA SEOboost “Webshoptime” guarantees that persons employed by or working for BVBA SEOboost “Webshoptime” and (possibly) have access to Personal Data, are bound by the obligation of confidentiality described in this article and refrain from copying, passing on , transferring or otherwise distributing Personal Data to third parties.
11.3 This obligation only does not apply if and insofar as disclosure is offered on the basis of the law and / or court decision, in which case the information to be disclosed will be kept as limited as possible.
Article 12 - Liability
12.1 If BVBA SEOboost “Webshoptime” fails in the fulfillment of the obligation from this Processor Agreement, Customer BVBA can declare SEOboost “Webshoptime”. A notice of default must be given in writing, whereby BVBA SEOboost "Webshoptime" is granted a reasonable period of time to still fulfill its obligations.
12.2 BVBA SEOboost "Webshoptime" is liable on the basis of the provisions of Article 82 of the AVG, for damage or disadvantage resulting from non-compliance with this Processor Agreement. This liability is limited to the amount specified in Article 10.4 of the General Terms and Conditions.
12.3 Parties indemnify each other for all claims of third parties (including fines from Authorities) with regard to an act or omission in violation of the Privacy legislation of the other Party.
Article 13 - Duration and termination
13.1 The obligations of BVBA SEOboost "Webshoptime" pursuant to this Appendix also continue unabated after termination of the Agreement, if and insofar as BVBA SEOboost "Webshoptime" still has access to Personal Data.
13.2 Upon termination of the Agreement, the Customer is responsible for the export of personal data. Thirty (30) days after termination or dissolution of the Agreement BVBA SEOboost "Webshoptime" will remove the data and Personal data present on its servers and (back-up) systems.
13.3 BVBA SEOboost "Webshoptime" may deviate insofar as there is a legal retention period applicable to certain Personal Data (including the Data Retention Obligation Act) or to the extent that this is necessary to prove to the Client the fulfillment of its obligations.