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.

Article 1. Use of the service

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


Article 2. Terms of use

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).      

Article 4. Intellectual property

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.

Article 5. Compensation for the service

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.

Article 6. Limitation of liability

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.

Article 7. Term and termination

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.

Article 8. Changes to terms

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.

Article 9. Miscellaneous provisions

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.

The Netherlands

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