Terms and conditionsJune 27 2018, Rotterdam
Access and control
Packages, services and licenses
Subscriber content and third-party content
Payment methods and reductions
Domainnames / URL's
Registration and security
PrefaceThe following terms and conditions already include the use of the Merwin Online (website and software, related services, content and other products). This includes, but is not limited to the following: the brand names Merwin, Merwin Online, merwinonline.com, Merwin.online. The Merwin Online logo and all other images, video material, images logos and icons in and by use at Merwin Online. The website (merwinonline.com, merwin.online) is owned and operated by Merwin Online. The website is provided on condition that you accept it without changing any conditions and all other operating rules, the policy (including, without limitation, privacy Merwin Online policy) and the procedures that may be published from time to time on this Website by Merwin Online.
The general conditions have been drawn up in accordance with the following articles: articles 6: 234 to 6: 279 of the Dutch Civil Code. Please read these terms and conditions carefully before you ('Visitor' or 'Subscriber') use our Products and services. By accessing and using one of our products and / or services, the Visitor or Subscriber agrees to be bound by the terms and conditions of this agreement. If the Visitor or Subscriber does not agree with the terms and conditions, we request you not to use our products and / or services. Merwin Online reserves the right, at its discretion, to change the general terms and conditions at any time by placing changed general conditions on the website (merwino.online).
Individuals who consult the Website (from here 'Visitors') and paying individuals (from here called 'Subscriber') are responsible for taking note of such changes. By using the delivered Product (specifically Packages and Services) after such a change, the amended general terms and conditions are assumed to be known to the Subscriber. The Website is available for every unique Visitor or Subscriber. The Products ("Packages", "Services" and "licenses") are only available to persons who are legally entitled to enter into agreements. The Visitor and Subscriber act in accordance with all applicable (international) laws and regulations. If the Visitor or Subscriber is a legal entity that represents an entity, company, foundation, association or other type of relationship, it is requested to act or to conform to the applicable regulations in the sector concerned. Made on May 27, 2018
Access and controlThe offered product and / or servis of Merwin Online is only aimed at own use by the Subscriber (s). The Product offered is not aimed at the use or advantage of third parties unless otherwise agreed in the license agreement. The Product includes, but is not limited to, Parcels for own use by Subscriber (s) and Services Merwin Online for the Subscriber (s). Merwin Online reserves the right to terminate the Service or parts of the Service at any time, including the availability of a function, database or specific content (Content) without further reasons. Merwin Online may impose restrictions on certain parts or functions availability in the Service. Made on May 27, 2018
MaintenanceMerwin Online will make all reasonable efforts to make the Website, Packages, Hosting and Services available 24 (twenty-four) hours a day and seven (seven) days a week. However, there will be times when the Website and / or the available Services may be interrupted for maintenance, upgrades and / or repairs. All reasonable measures will be taken to prevent or minimize such disruptions within the reasonably available options that Merwin Online has at that time. Maintenance work is reported as a minimum 24 hours before the start. If a disruption arises due to powerlessness of Merwin Online and has not been reported here in advance by Merwin Online, the subscriber can receive compensation. The right to reimbursement has been determined if no solution has been provided by Merwin Online within 48 hours and will consist of the costs incurred by the subscriber per day. In order to claim this compensation that will be deducted from the next invoice, the subscriber must notify this in writing with the necessary proof material. After reporting, Merwin Online has 48 hours to remedy the problem before a payment has to be made. Notifications can be sent to firstname.lastname@example.org under the mention of "disruption:
Packages, services and licenses
Merwin Online makes so-called templates ('Packages') available to the Subscriber on the web space provided by the Subscriber for this purpose or a (portfolio) website hosted by Merwin Online ('Hosting') to set up. Merwin Online hereby grants the Subscriber the right to apply paid Parcels to their own or third-party available web space. This right is not transferable or sublicensable. Purchased Packets may not be transferred, exchanged or sold between websites, blogs and / or Subscribers. The Parcels are hereby subject to the payment conditions. Subscribers are free to adjust purchased original Parcels according to their own taste or insight. A modified or modified Package is from then on seen as a so-called Refined Package. However, Merwin Online does not take responsibility for incorrect operation of a Worked Package after modification of an existing Package. Merwin Online relies on the Subscriber to act according to his own judgment. Inserting existing code from third parties is also seen as a modification. Edited Packages may not be transferred between websites, blogs and / or (other) Subscribers as well as original Parcels. Edited Packages are intended for personal use only. Edited Packages are no longer suitable for Merwin Online in later updates after modification by the Subscriber. The Subscriber must at all times take this into account when modifying or modifying a Package. Merwin Online would like to inform its Subscribers about the possible consequences of such changes.
Merwin Online has services such as but not exclude: Hosting, Storage, Image optimization, Newsletters service and user statistics. For these services, Merwin Online reserves the right to charge a fee. The current price can be found on the products page . Merwin Online also reserves the right to adjust the prices at any time without any further reasons. Increases occur only once a year and subscriber (s) are informed about this 30 days before the increase The services offered by Merwin Online can be requested and closed at any time and canceled for each first of the month with a notice period of 1 month. When a service is terminated, any stored information is lost or other services no longer function properly. Merwin Online is not responsible for loss of data or malfunctioning services of Merwin Online upon termination of a service.
Merwin Online can choose to conclude a license agreement with supplied software. A monthly and / or annual fee may be requested for this license agreement. In the absence of payment Merwin Online can choose to terminate the license agreement which may have the consequences that the software no longer works or is incomplete. In case of overdue payment Merwin Online is also not responsible for the loss of data and data of the supplied software.Made on May 27, 2018
Website contentThe Merwin Online Website and Content is copyright protected as a collective work pursuant to applicable laws, international treaties and copyright regulations. Contrary to the expressly stated in these terms and conditions, we request visitors and the Subscriber (s) not to copy, modify, publish, transmit, upload, transfer, sell, reproduce, distribute in part or in full the Content on the Website. or exploit it in any other way. The Content on the Website includes all texts, illustrations, software and source code. The Subscriber (s) is free to download or copy the available Content, on the explicit condition that the Subscriber (s) observe all applicable copyrights and other announcements. Downloading, copying or storing the Content for non-personal, non-commercial purposes is expressly prohibited without the prior written consent of Merwin Online or the third party entitled to which the Content is being applied. Self-generated content falls under your ownership (see also 'Subscriber (s) content'). However, the Product (the 'Packages', 'Hosting' and 'Services') remains at all times the property of Merwin Online or third parties involved by Merwin Online (in parts). This also applies to the intellectual property rights herein. Made on May 27, 2018
Subscriber content and third-party contentThis agreement is not transferable or sublicensable between Merwin Online and Subscriber. Merwin Online, merwin-online.com, the Merwin Online logo and all other trademarks, service marks, images and logos in use by Merwin Online or the Website are trademarks of Merwin Online. Other trademarks, service marks, graphics and logos used in connection with the Website may be third-party trademarks. Use of the Website does not constitute a right or license to license or reproduce Merwin Online trademarks or third-party trademarks. The Subscriber is entirely responsible for the posted Content on the Applied Website. By posting, producing, reproducing or sending Content on the Applied Website, the Subscriber declares that he agrees to all applicable terms and conditions concerning the placement of such Content. It is reasonable for the Subscriber to ensure that he does not place any material that is subject to intellectual property or copyright without the permission of the copyright holder. Merwin Online refrains from claims by third parties concerning infringement of intellectual property and copyright by such acts of its Subscribers. The Subscriber assumes responsibility for the posted Content on the Applied Website which can be regarded as inaccurate, infringing, abusive, indecent or offensive. The Subscriber assumes responsibility for potentially posted content from and / or by third parties which can be considered as inaccurate, infringing, abusive, indecent or offensive. Merwin Online gives its Subscribers the possibility to share these via social media channels when they publish online ('upload') their own content. Merwin Online informs its Subscribers that when sharing via such channels the published Content is subject to the (copyright) rights applicable to such channels. These can be found in the conditions of the relevant channel. Merwin Online allows its Subscribers free access to third party websites through hyperlinks, hypertext or other links on the Subscriber's Applied website. Offered material or content is beyond the control and responsibility of Merwin Online or the Website. Unless explicitly stated otherwise, neither Merwin Online nor the Website, or any explanation and guarantee about available content from third parties via the Website, or endorse the offered products or services via such a linked website. Merwin Online can, if desired, contact Subscriber regarding the use of Subscriber content for promotional activities. Merwin Online will develop such activities (and thus use of Subscriber content) at any time in accordance with Subscriber. Merwin Online and the Website abstain from:
- Any form of responsibility and liability for the content and websites of third parties;
- Any form of damage caused or personal suffering caused by incorrect use of a Package or through actions by the Subscriber that can be considered as abuse.
- All statements or guarantees relating to the security of information provided by Subscriber. This concerns all personal data (credit card, name and other personal information) that the Subscriber could be asked to provide a third party. The Subscriber hereby also agrees to refrain from any claim against Merwin Online or the Website in relation to such websites and third-party content provided.
Payment methods and reductionsMerwin Online reserves the right to change the prices at any time. It is reasonable that the Visitor or Subscriber (s) on the Website will be informed of such a change, 30 days before the change takes place.
- Merwin Online bases established costs (as invoicing displayed to the Subscriber (s) ) based on used packages on the basis of specified term by Subscriber (s). Merwin Online reserves the right to charge costs for Parcels, Servesis and licenses that are used by Subscriber (s) after expiration of a (free) trial period.
- Discount codes and / or expressions provided are once and only usable. Discount codes can not be combined with other discount codes and / or expressions. Merwin Online reserves the right to link specific conditions and properties to discount codes and / or utterances, possibly linked to one or more specific Products.
- Gift vouchers provided by Merwin Online are considered to be articles and are valid indefinitely but also once and only to be used.
- Reductions and discounts (or discounts) provided by Merwin Online when subscribed to the newsletter have a validity of 30 (thirty) days. These reductions and discount (s) only apply to Hosting and Parcels.
- Discounts provided by print material (posters and flyers) are valid for six months after printing date
- Merwin Online reserves no responsibility for any loss or theft of discount and / or reduction data by the Visitor or Subscriber (s).
ReturnOn all Products sold via Merwin Online money a period of 14 days 'on sight' for the Subscriber (s) or Visitor. Within this period, the Subscriber (s) can return the Product to Merwin Online without further costs. Returns are done by filling in a form intended for this purpose on the website. Upon return of the Product, Merwin Online will undo the domain name created by Subscriber. In return, Merwin Online makes the Hosting which the Subscriber (s) has taken into use. Upon return, Merwin Online reserves the right to make the returned Package unusable. The date of purchase by the Subscriber (s) is the starting date. The return form can be found here:
AdvertiseMerwin Online reserves the right to place advertisements or other commercial communications from third parties on the Website. Merwin Online also reserves the right to place advertisements or expressions in the freely available (Trial) Parcels. Paid Parcels are free from advertisements or commercial communications. Merwin Online assumes the reasonable responsibility herein that such advertisements or utterances are by no means of an offensive nature. Made on February 21, 2013
Domainnames / URL'sThe Subscriber is free to accept a domain name (URL) himself and to execute the Merwin Online Packages for the benefit of this domain name. If the Subscriber makes use of Hosting, there is a notice period of 1 (one) month for each first of each month. Domain names hosted at Merwin Online are renewed automatically without mutual cancellation. The Subscriber is responsible for compliance with applicable laws, rules and conventions regarding the registration and use of domain names. More information about domain names and legislation can be found here: target = "_ blank"> http://www.icann.org/ and target = "_blank"> http://www.internic.net/ .
In case of return within the aforementioned period, the registration of the domain name will still be available via Merwin Online for 1 (one) year. In case of return or cancellation within 12 months, Merwin Online may charge costs for relocation (& euro; 25 excl. VAT) or re-register (& euro; 15 excl. VAT) of the domain. These costs are included in the next invoice.Made on May 27, 2018
RestrictionsThe Subscriber (s) is responsible for all activities related to the use of the Products and access to the Website. Fraudulent, abusive or otherwise illegal activities with regard to the use of the Website and / or Products may result in the Subscriber (s) refusing further access to the Website and / or making use of the services offered. The Subscriber (s) are prohibited from retrieving in any way, directly or indirectly personal data, registration data and passwords from other Subscribers and to use them for purposes which can be regarded as illegal by local laws and regulations. The use of the Website or Products to bypass the security of computer networks, crack passwords and other encryption, to store illegal material or other illegal activities are expressly prohibited. In no event shall the Subscriber use the Website or the Products to:
- Send unwanted email, bulk email, spam or other material to other Visitors or Website subscribers;
- Other Visitors or to insult, threaten, stalk or abuse Website subscribers;
- Identify an identity other than his own;
- Posting content in violation of relevant laws or regulations ;
- In any other way to infringe the points stated in the general conditions.
Registration and securityAs a condition of the use of the Products ('Packages', 'Hosting', 'Licenses' and 'Services'), the Subscriber (s) will be obliged to register with Merwin Online and to select a password. The Subscriber provides accurate, complete and factually correct information during Merwin Online registration. Merwin Online reserves a margin of 2 to 5 days between the moment of application and actual activation of the Applied Website. This margin relates to the technical correct processing of the Subscriber (s) request. Merwin Online may change the specified domain name (in consultation with the Subscriber (s)) if it turns out not to be available. The Subscriber (s) is prohibited:
- Use one or more Product (s) to pretend to be another person;
- Without the permission of the relevant person's name and / or to enter personal data.
The Subscriber (s) is responsible for maintaining the registration information and password (s) provided and keeping it up to date, for example when moving house. The Subscriber takes all responsibility for all activities carried out by means of the Product and hereby releases Merwin Online from any liability for or arising from these activities. Subscriber (s) agrees to immediately notify Merwin Online in the event of or suspected: loss, theft or unauthorized use of the registration information and the password via the Merwin Online Website (s) (merwinonline.com, merwin.online). The Website takes all reasonable security measures regarding the use of internet, telephony or other means to consult or store such (personal) data. If the subscriber chooses to execute a Merwin Online Package on his own web space, the Subscriber is fully responsible for maintaining the security on that space. The Merwin Online Packages are fully equipped to the latest security standards in web security. Merwin Online is not responsible for security problems due to incomplete or inaccuracies in this publication by the Subscriber (s).Made on May 27, 2018
TrialTrial Merwin Online offers Visitors the possibility to try out Products (in this case 'Packages' and 'Hosting') for a period of 14 days at no additional cost. If the Visitor does not wish to make further use of these Products after these 14 days, no data will be stored and costs will be charged for the package that has been taken out. Merwin Online wants to point out to Visitors that the Trial contains Parcels which are delivered for payment only after the 14-day period. In addition, some functions ('metatags') are not applicable in the Trial. Trial packages are limited to placing 15 images and maximum use of 4 pages. Made on May 27, 2018
PrivacyMerwin Online uses Google Analytics. These the saved data are anonymous and for Merwin Online can not be linked to a person. The data stored with Google Analytics is only 24 months. We can see from which country a visitor comes, which pages the visitor has visited, language choice and the length of time a person has visited the page.
Merwin Online also has its own tracking. With page visits only the visit is recorded and from which country the request comes. This is copied to the time and session but no personal information such as IP address or any other information to which your visit can be linked to you personally.
In the webshop we only save data when an order has been made. we store the following data for a period of 2 years on the server and then another 5 years off-line i.v. the statutory administration period of the Dutch tax authorities. We store the following data:
- First and last name
- Invoice address (address, postcode, city and country)
- Delivery address (address, postcode, city and country)
- IP address
- Ordered products
- Payment method
- Order status (status history