General terms for Actigogo, active holidays and exceptional travel.
ARTICLE 1 DEFINITIONS1.1 Account: the customer name by which the customer gains access to the ACTIGOGO system
1.2 Account details: the details which ACTIGOGO collects and stores in order to send accounts to the customer, where applicable including billing information and as far as possible including consumption statistics relating to data traffic
1.3 E-mail address: an address code issued in the name of the customer for the exchanging of electronic messages via the internet
1.4 Fair use: reasonable use by the customer of data traffic, disk space and/or loading of the system, as specified in detail by ACTIGOGO in supplementary terms and conditions for services to which this applies
1.5 Manual: software and customer documentation which ACTIGOGO makes available to the customer during the term of the agreement for access to the system and the internet
1.6 Homepage: an internet page created in the name of the customer or a title and introduction page of a website on the internet
1.7 Dialup number: the ACTIGOGO telephone number on which the customer can access the system and the internet
1.8 Customer: the party who has concluded an agreement with ACTIGOGO
1.9 Login procedure: the procedure prescribed by ACTIGOGO to enable the customer to access the system and the internet
1.10 Netiquette: the generally accepted rules of conduct on the internet as set out in RFC 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future amendments thereof
1.11 Agreement: the agreement between ACTIGOGO and a customer, on the basis of which ACTIGOGO provides services for the customer
1.12 Disk space: memory space which ACTIGOGO makes available to a customer, for example in order to send and receive e-mail, maintain a homepage or website and access other ACTIGOGO services
1.13 System: computer and related equipment with which ACTIGOGO provides the customer with access to the internet
1.14 Website: one or more integrated internet pages preceded by a homepage
1.15 Traffic data: the other data which the customer generates on the ACTIGOGO systems by using the services of ACTIGOGO
1.16 ACTIGOGO: ACTIGOGO.COM
1.17 ACTIGOGO services: the services or instructions which ACTIGOGO carries out on behalf of customers
ARTICLE 2 GENERAL
2.1 These general terms and conditions apply to all offers and agreements between ACTIGOGO and a customer, unless the parties have expressly departed from these terms and conditions in writing.
2.2 All offers made by ACTIGOGO are non-binding. An agreement comes into existence when an agreement form sent to a prospective customer or an application form/direct debit mandate is returned, duly completed and signed, to ACTIGOGO, or when ACTIGOGO has otherwise provided services for the prospective customer on the latter's instructions. Once the offer has been accepted by the customer, it may be revoked by ACTIGOGO immediately. If revocation has taken place, no agreement shall come into existence and ACTIGOGO shall be obliged to repay to the customer all sums which ACTIGOGO has already received. ACTIGOGO may refuse for its own reasons to accept a prospective customer.
2.3 ACTIGOGO is entitled to amend these general terms and conditions at any time. Amendments shall come into force one (1) month after notification in the manner specified in article 12.2. Prior to the implementation of such amendments, any customer who does not agree to them shall be authorised, by departure from article 10.1, to terminate the agreement from the date on which the amended terms and conditions come into force.
ARTICLE 3 OBLIGATIONS OF ACTIGOGO
3.1 ACTIGOGO shall endeavour, in the manner expected of a good service provider, to:
• provide the customer with a connection to the system for the ACTIGOGO service(s) specified in the agreement;
• establish and maintain the connections which can be made to the internet through the system;
• secure the stored data.
3.2 However, ACTIGOGO cannot guarantee unrestricted access to the system and the internet, nor that the ACTIGOGO services will be available at all times.
3.3 ACTIGOGO shall refrain from making customers' personal e-mail and/or files available to third parties, unless it is obliged to do so by law or court judgment, or unless the customer acts, or is suspected of acting, in contravention of articles 4.2 to 4.4 inclusive of these general terms and conditions. ACTIGOGO has set out this policy in detail in a separate privacy statement.
ARTICLE 4 OBLIGATIONS OF THE CUSTOMER
4.1 The customer shall maintain the attitude and behaviour that may be expected of a responsible and careful internet user. The customer shall notify ACTIGOGO in writing as soon as possible of any changes in relevant details.
4.2 The customer shall refrain from inconveniencing other customers or internet users and from causing damage to the system. The customer is not permitted to start processes or programs - via the system or otherwise - which the customer knows or could reasonably suspect will cause inconvenience or damage to ACTIGOGO, other customers or internet users. This expressly includes indirect damage as a result of misconfiguration on the part of the customer, for example, but not exclusively, open relaying through an incorrectly configured mail server. The customer is only permitted to start processes or programs if there is a direct connection, permitted by ACTIGOGO, to the system.
4.3 The customer is not permitted to use the system and the disk space for actions and/or conduct contravening the applicable legal provisions, netiquette, the guidelines of the Reclame CodeCommissie [Dutch Advertising Standards Authority], the agreement or these general terms and conditions. This includes, but not exclusively, the following actions and conduct:
• spamming: the unsolicited sending of large amounts of e-mail with the same content and/or the unsolicited posting of a message with the same content in large numbers of newsgroups on the internet. This includes spam which is sent through any other provider referring to a website, e-mail address or other service at ACTIGOGO;
• infringement of copyright-protected works or any other conduct which violates the intellectual property rights of third parties;
• the publication or distribution of child pornography;
• sexual intimidation or other harassment of persons;
• hacking: gaining unauthorised access to other computers or computer systems on the internet.
4.4 N/A.
4.5 The customer is not permitted to assign to third parties, or to allow third parties to use, his or her account, the manual or other rights resulting from the agreement, unless ACTIGOGO has given its express written consent. Without prejudice to the foregoing, the customer is permitted to commission a third party to design, publish and maintain a website. The customer shall nevertheless remain responsible for the use of his or her account and password.
4.6 The customer shall be responsible for the necessary hardware and software, configuration, peripheral equipment and connections required in order to access the system.
4.7 The customer shall be bound by the amount of disk space as described in the agreement. The customer shall be responsible for ensuring that this limit is not exceeded. In the event that it is exceeded, ACTIGOGO shall be authorised to delete data in order to maintain the efficient operation of the ACTIGOGO services.
4.8 The customer hereby gives consent for ACTIGOGO to include his or her personal details in ACTIGOGO's register, which is required for its administration and management tasks. This register contains both account and traffic data. It is accessible only to ACTIGOGO and is not made available to third parties, unless ACTIGOGO is obliged to do so by law or court judgment.
4.9 N/A.
ARTICLE 5 LIABILITY
5.1 ACTIGOGO shall not be liable for damage, in the broadest sense, suffered by the customer, unless such damage has been caused by gross negligence or intent on the part of ACTIGOGO. In particular, ACTIGOGO shall not be liable for damage which is associated with or results from: interruptions in, or blocking of access to, the system or the internet within ACTIGOGO or third parties, deficiencies in the security of data stored by the customer on ACTIGOGO's systems, actions of other customers or internet users or changes in dialup numbers or in the login procedure, account or e-mail address.
5.2 Any customer who violates his or her obligations arising from this agreement or these general terms and conditions shall be liable for all the resulting damage suffered by ACTIGOGO.
5.3 The customer indemnifies ACTIGOGO in respect of all third party claims relating to damage or other losses resulting in any way from the customer's use of the account, the system or the internet, or as a result of the customer's failure to fulfil his or her obligations arising from the agreement or these general terms and conditions.
5.4 ACTIGOGO shall be entitled without further notice to immediately disable the system connection provided for the customer, if and as long as the customer contravenes the provisions of articles 4.1 to 4.5 inclusive. In such cases ACTIGOGO shall also be entitled, if the seriousness of the contravention justifies it, to terminate the agreement with immediate effect, without the customer being entitled to any compensation from ACTIGOGO.
ARTICLE 6 ACTIGOGO SERVICES
6.1 The use of some services is governed by specific supplementary terms and conditions. These supplementary terms and conditions are notified separately for each service. They include, but not exclusively, a fair use policy, access rights and property rights.
ARTICLE 7 SERVICES OF THIRD PARTIES
7.1 For many services ACTIGOGO depends on services or networks of third parties, for example in the case of cable internet or ADSL. In such cases the customer usually concludes two different agreements, one with ACTIGOGO and one with the third party. ACTIGOGO shall not be liable for any damage whatsoever caused by services or networks of third parties, including faults in the networks or infrastructure of third parties.
ARTICLE 8 COMPLAINTS
8.1 ACTIGOGO shall only consider complaints if they relate to ACTIGOGO services and/or the actions or conduct of customers.
8.2 ACTIGOGO shall endeavour to deal with complaints concerning ACTIGOGO services as effectively as possible and to bring about improvements in the services it provides. Complaints, which must be complete and clearly described, may be lodged with the customer services department within three working days, preferably by e-mail. Where possible, ACTIGOGO shall deal with the complaint three working days after receipt. Where possible, the customer shall receive a report three working days after receipt of the complaint.
8.3 ACTIGOGO shall endeavour to deal with complaints relating to the actions or conduct of ACTIGOGO customers as effectively as possible. Customers may send complaints concerning abuse, spam or illegal actions by ACTIGOGO customers within three working days to the e-mail address info@Actigogo.com provided that such complaints are accompanied by the relevant log data, including times and/or full headers and a clear description of the grounds for the complaint.
8.4 The lodging of a complaint shall not affect the customer's other obligations.
ARTICLE 9 MANAGEMENT OF THE SYSTEM
9.1 ACTIGOGO shall be entitled without prior notice to take the system (temporarily) out of service or to restrict its use to the extent necessary in order to meet reasonable maintenance requirements or to enable ACTIGOGO to carry out the necessary adjustments or improvements to the system, without the customer being entitled to any compensation from ACTIGOGO.
9.2 ACTIGOGO shall be entitled to make changes to the dialup numbers, login procedure, account and e-mail addresses at any time, without the customer being entitled to any compensation from ACTIGOGO. In such cases ACTIGOGO shall inform the customer of the changes as soon as possible.
ARTICLE 10 TERM AND TERMINATION OF THE AGREEMENT
10.1 The agreement shall in all cases be entered into for the term specified in the agreement. At the end of the first term the agreement shall be extended automatically for successive equivalent periods. The agreement may be terminated subject to a notice period of one (1) month prior to the end of the agreed term. Notice of termination may be given in writing or by fax, on the understanding that the notice period shall commence on the date on which notice of termination is received by ACTIGOGO.
ARTICLE 11 DISSOLUTION
11.1 If the customer fails to fulfil, or fails to fulfil in a proper or timely manner, any obligation arising from an agreement concluded with ACTIGOGO or these general terms and conditions, or if there is serious doubt as to whether the customer is able to fulfil his or her contractual obligations towards ACTIGOGO, ACTIGOGO shall be entitled, without serving notice of default and without recourse to the court, either to suspend the agreed ACTIGOGO service(s) or to dissolve the agreement in full or in part, without ACTIGOGO being liable to any compensation and without prejudice to the other rights accruing to ACTIGOGO.
11.2 ACTIGOGO shall be authorised, without serving further notice of default and without recourse to the court, to dissolve the agreement with immediate effect and to discontinue the ACTIGOGO services if the customer:
• has given ACTIGOGO false and/or incorrect personal details;
• has failed to provide correct details or notify changes;
• has entered into the agreement under false pretences;
• contravenes articles 4.1 to 4.5 inclusive;
• has been declared bankrupt or has petitioned for bankruptcy;
• has applied for a suspension of payments;
• has been placed in receivership or administration or has been dissolved.
ARTICLE 12 PRICES
12.1 The customer shall be required to pay a fee based on the ACTIGOGO service(s) to be supplied. All prices exclude VAT, administration charges and any additional levies and/or duties, unless stated otherwise.
12.2 ACTIGOGO shall be entitled to amend the fees and other charges at any time. Such amendments shall be announced in the ACTIGOGO web pages no later than two months before they come into force. Prior to the implementation of such amendments, any customer who does not agree to them shall be authorised, by departure from article 10.1, to terminate the agreement from the date on which the amendments come into force.
ARTICLE 13 PAYMENT
13.1 The fees payable to ACTIGOGO must be paid in advance, unless agreed otherwise in writing. The customer shall be obliged to settle the due amount no later than fourteen (14) days after the invoice date.
13.2 If the customer fails to pay within the period specified in article 13.1, he or she shall be automatically in default and, without further notice of default being served, shall be liable to pay statutory interest on the invoice amount. All reasonable costs of obtaining extrajudicial settlement shall also be for the account and risk of the customer. These shall amount to 15% of the sum due, subject to a minimum of EUR 10, unless ACTIGOGO demonstrates that the actual incurred costs are higher.
ARTICLE 14 FORCE MAJEURE
14.1 Force majeure shall be deemed to refer to all external causes which were not reasonably foreseeable and as a result of which ACTIGOGO is not able to fulfil its obligations towards the customer. These include, but not exclusively, faults in the connection to the internet, faults in the telecommunications infrastructure and faults in networks.
14.2 ACTIGOGO shall be entitled to invoke force majeure if the circumstance which prevents (further) fulfilment occurs after ACTIGOGO was required to fulfil its obligation.
14.3 During the period of force majeure the delivery and other obligations of ACTIGOGO shall be suspended. If the period in which ACTIGOGO is unable to fulfil its obligations as a result of forcemajeure lasts longer than two (2) weeks, each of the parties shall be authorised to dissolve the agreement without recourse to the court, without the other party having any right to compensation.
ARTICLE 15 DISPUTES AND APPLICABLE LAW
15.1 All agreements between ACTIGOGO and the customer shall be governed by the law of the Netherlands, in the event of disputes resulting from or relating to agreements between ACTIGOGO and the customer.
15.2 If the customer, not acting in the exercise of a profession or business, does not agree with the election of jurisdiction in article 15.1, he or she shall be authorised, no later than one (1) month after ACTIGOGO has made use of article 15.1, to elect to have the dispute settled by the legally competent court.
15.3 If one or more provisions of these general terms and conditions is/are declared invalid or voidable, the validity of the remaining provisions shall be unaffected. In the event of invalidity of one or more provisions of these terms and conditions, the parties shall be bound by rules which are as far as possible of equivalent import and are not liable to be declared invalid.
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