Terms and conditions for Smart48
The service "Smart48" is offered over the internet in the form of Software-as-a-Service by
the company Smart48. The use of Smart48 is subject to the below terms and conditions.
Using Smart48 constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written
confirmation by Smart48.
1.1. With Smart48, you can build, manage and edit websites.
1.2. To use Smart48, you first need to register. After completing registration, you can directly
log into your account and use the service.
1.3. You must secure access to your account using the username and password against
third parties. In particular you must keep the password strictly confidential. Smart48
may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable
for these actions, unless and until you have notified Smart48 that someone else knows
your password.
1.4. Smart48 processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Smart48 for more
information.
2.1. It is not permitted to use Smart48 for any purpose that violates Dutch or other applicable
law or regulation. This includes (among others) the storage or transmission of data
using the service that is slanderous, libelous or racist.
2.2. Should Smart48 discover that you violate any of the above, or receive a complaint
alleging the same, then Smart48 may intervene to end theviolation.
2.3. If in the opinion of Smart48 the continued functioning of the computer systems or
network of Smart48 or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks
of personal data or virus activity, Smart48 may take all steps it deems reasonably
necessary to end or avert such damage or jeopardy.
2.4. Smart48 is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Smart48 is entitled to supply your name,
address, IP-address and other identifying data to a third party alleging that you violate
its rights or these terms and conditions, provided the validity of the complaint is clear,
no other way of obtaining this information exists and the third party has an evident
interest in obtaining this information.
2.5. Smart48 may recoup from you all damages it suffers as a result of your violation of
these terms of use. You agree and hold harmless Smart48 from all third-party claims
arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1. Smart48 guarantees availability of the service 99,9% of the time.
3.2. Smart48 actively maintains Smart48. In case maintenance is reasonably expected to negatively impact availability, Smart48 carry out such maintenance at times when
use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Smart48 may from time to time adapt Smart48. Your feedback and suggestions are
welcome but ultimately Smart48 decides which adaptations to carry out (or not).
4.1. The service Smart48, the accompanying software as well as all information and images
on the website is the intellectual property of Smart48. None of these items may be
copied or used without prior written permission of Smart48, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Smart48 receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this
license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Smart48, for example a bug report or suggestion
for improvement, you grant Smart48 a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Smart48 shall refrain from accessing data you store or transfer using Smart48, unless
this is necessary for a good provision of the service or Smart48 is forced to do so by law
or order of competent authority. In these cases Smart48 shall use its best efforts to limit access to the information as much as possible.
5.1. The use of Smart48 is subject to a fee which is due every month. The fee must be paid in advance.
5.2. Payment is possible through direct debit order, via iDeal online payment, by creditcard, by
PayPal subscription, or as ex plained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
6.1. Except in case of intentional misconduct or gross negligence the liability of Smart48 shall
be limited to the amount paid by you in the three months prior to the moment the cause
of the damage occurred.
6.2. Smart48 in no event is liable for indirect damages, consequential damages, lost profits,
missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Smart48 at most two months after discovery.
6.4. In case of force majeure Smart48 is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a month.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Nonconsumers can terminate the agreement by the end
of the term indicated in the previous clause with a notice period of one month.
7.3. Smart48 is entitled to terminate the agreement if you have not used the service at all in
the last 18 months. In such an event Smart48 shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.
8.1. Smart48 may change or add to these terms and conditions as well as any prices at any time.
8.2. Smart48 shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Smart48 after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Smart48 shall be brought before the competent Dutch court for the principal place of business of Smart48.
9.3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Smart48 service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Smart48 shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree
on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Smart48 is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Smart48 or the associated business activities.
