Terms and conditions

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Chapter 1: GENERAL

Article 1. Definitions

1.1. In these general terms and conditions, the terms written with an initial capital letter are used in the following sense, unless expressly stated otherwise or the context indicates otherwise:

Account: The Customer’s account on wpMula’s site;

GDPR: General Data Protection Regulation;

Data Subject: The identified or identifiable natural person to whom the processing of personal data relates;

Security Incident: A security breach that accidentally or unlawfully results in the destruction, loss, alteration or unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed;

Service: The service provided by wpMula to the Customer under the Agreement, such as hosting or support; Participant: The natural person who participates in a Training;

Content: (translated) texts and other content provided by the Customer in connection with the Work or placed on the Website by the Customer;

Customer: The legal entity, organization or natural person acting in the exercise of its profession or business that has entered into or wishes to enter into an Agreement with wpMula;

License: The right to use the Software;

Materials: Any materials developed or provided by wpMula as part of the Training;

Agreement: The agreement between wpMula and the Customer;

Written: In writing or by email;

Software: The software (including instructions and updates) called “wpMula” developed by wpMula;

Training: The training, workshop, master class, etc. provided by wpMula on the operation of the Software;

Website: The site of the Customer or a customer of the Customer for the benefit of which the License is purchased or the site to which the Service relates;

Work: All Work to be performed by wpMula on behalf of the Customer;

wpMula: The user of these general terms and conditions: Webatleten trading under the name “wpMula”, established at Prins Willem-Alexanderlaan 1427 in Apeldoorn, registered with the Chamber of Commerce under KvK number 77034120.

1.2. Unless the context indicates otherwise, defined terms in the singular also refer to the plural.

Article 2. General

2.1. These general terms and conditions apply to all Agreements, to all Services, to all Work and to the License.

2.2. These terms and conditions also apply to Agreements for the execution of which third parties are engaged by wpMula.

2.3. Once these General Terms and Conditions have applied to a legal relationship between wpMula and the Customer, the Customer is deemed to have agreed in advance to the applicability of these General Terms and Conditions to Agreements concluded and to be concluded thereafter.

2.4. Deviations from these General Terms and Conditions can only be agreed in Writing.
2.5. The applicability of any purchase or other conditions of the Customer is expressly rejected.

2.6. If one or more provisions of these general terms and conditions are invalid or may be annulled, the other provisions of these general terms and conditions shall remain fully applicable. The void or nullified provisions will be replaced by wpMula, taking into account as much as possible the purpose and meaning of the original provision(s).

2.7. If wpMula does not always require strict compliance with these General Terms and Conditions, this does not mean that these General Terms and Conditions would not apply or that wpMula would lose the right to require strict compliance with these General Terms and Conditions in future cases, similar or otherwise.

2.8. WpMula is entitled to amend these General Terms and Conditions and declare the new General Terms and Conditions applicable to the existing Agreement. The Customer will be notified In Writing of the new general terms and conditions and of the effective date.

Article 3. Offer

3.1. Any offer made by wpMula is without obligation.

3.2. If an offer or quotation has a certain period of validity and the Customer does not give its agreement to the offer or quotation within the period of validity, it is possible that the Work cannot be commenced within the specified period. In such a case, the Customer will be informed of this. If the Customer agrees to the new schedule, then the Work will be performed in accordance with the new schedule.

3.3. WpMula cannot be held to its offer if the Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.

3.4. Quoted prices and rates do not automatically apply to future Agreements. 3.5. Mentioned prices and rates are in euros and exclusive of VAT.
3.6. The Software is only offered to business customers.

Article 4. Conclusion of the Agreement

4.1. The Agreement is established at the moment the Customer has successfully placed an order through wpMula’s site.

4.2. To place an order it is necessary to create an Account.

4.3. The order can only be placed after the Customer has clicked that he agrees with these general terms and conditions.

4.4. After the Agreement has been established through wpMula’s site, a confirmation will be sent to the Customer via email.

Article 5. License term, renewal and termination

5.1. The License is granted for the fixed term of 1 year.

5.2. After the expiration of the term, the License will be automatically renewed by 1 year each time, unless the License is terminated in accordance with Article 5.3.

5.3. Either party may terminate the License towards the end of the term. The Customer can terminate the License among others via e-mail, info@wpmula.com, or through his Account.

5.4. If the Customer terminates the License before the expiration of the term, the annual fee for the License remains payable and no refund will be made.

5.5. After the end of the License, the operation of the Software ceases.

Article 6. Account

6.1. The Customer is responsible for the confidentiality of login credentials of its Account. If an unauthorized third party uses the Customer’s login data and/or the Account, wpMula will not be liable.

6.2. If the Customer discovers that an unauthorized third party is using its login data and/or the Account, the Customer must notify wpMula immediately.

6.3. After the Customer has acquired the License, the Customer can download the Software through its Account.

6.4. For the use of the Software, wpMula has prepared manuals. The Customer can consult these manuals via its Account.

Article 7. Software and translations

7.1. The functionalities of the Software are clearly described on wpMula’s site.

7.2. The Software is only suitable for WordPress sites.

7.3. Except for statutory non-excludable warranties, the Software is provided to the Customer as is (“as is”), without any warranty of any kind.

7.4. The functionalities of the Software and the Work do not include the translation of texts. Translating texts (or having them translated) is the responsibility of the Client. For translation, wpMula may recommend a translation agency or online translation service. Entering into a contractual relationship with a translation agency or having texts translated by an online translation service is at all times at the Client’s risk. WpMula is never responsible for the quality of translated texts by a recommended translation agency or online translation service, such as for texts drafted by AI.

7.5. If the Client commissions wpMula to post translated texts on the Website, no check will be made by wpMula on the content of the texts and/or on the accuracy of the translation.

Article 8. Rate changes and costs for Work

8.1. WpMula has the right to adjust its rates and apply the adjusted rates to the existing Agreement. The Customer shall be notified In Writing of such adjustment and the effective date at least 2 months in advance. The rate change for the License will come into effect at the time the License is renewed.

8.2. Minor questions regarding the use of the Software will be handled free of charge.

8.3. If the Customer wishes wpMula to perform more work than that described in Article 8.2, such as installing the Software, placing translated texts provided by the Customer on the Website or dealing with questions not related to the Software, this Work will be performed on the basis of wpMula’s hourly rate.

8.4. If an estimate has been given to the Customer of the number of hours it will take to perform the Work, no rights may be derived from this estimate.

Article 9. Execution of the Agreement

9.1. WpMula will execute the Agreement to the best of its knowledge and ability, based on the then known state of science and technology.

9.2. WpMula has the right in the execution of the Agreement to engage one or more third parties or to purchase services from third parties.

Article 10. Completion period

10.1. If a deadline has been agreed or specified for the performance of certain Work, this is never a deadline. If a deadline is exceeded, the Customer must therefore give WpMula notice of default In Writing. WpMula should be given a reasonable period of time to still carry out the Agreement. Exceeding a delivery period does not give the Customer any right to compensation, such as, but certainly not limited to, loss of turnover.

10.2. If wpMula requires information from the Customer for the execution of the Agreement, the execution period will not start until after the Customer has provided it to wpMula correctly and completely.

10.3. In the event that a delivery period agreed by wpMula with the Customer is exceeded as a result of an event that is in fact beyond its control and cannot be attributed to its acts and/or omissions, as described, inter alia, in Article 16 of these General Terms and Conditions, this period will be extended automatically by the period that it was exceeded as a result of such event.

10.4. If the Agreement is modified or extended at the request of the Customer, this may result in a notified delivery date that cannot be met. Any such delay caused by an adjustment or extension to the Agreement cannot be imputed to wpMula.

Article 11. Obligations of the Customer

11.1. The Client shall ensure that all information, which wpMula indicates is necessary or which the Client should reasonably understand is necessary for the performance of the Agreement, is provided to wpMula in a timely manner.

11.2. The Client guarantees the accuracy, completeness and reliability of the data provided by it, even if it comes from third parties.

11.3. If the Client provides wpMula with electronic files etc., the Client guarantees that this does not infringe any property or copyright of third parties, as well as that the electronic files etc. are free of viruses and defects.

11.4. The Customer is responsible for the use and proper application in its organization of the Software and for observing instructions given by wpMula, including the manuals of the Software.

11.5. If the Customer moves, the Customer must inform wpMula of its new address In Writing as soon as possible in advance.

11.6. If the Customer makes changes or has a third party make changes to the Website or the Software, the Customer is responsible for this.

11.7. The Customer indemnifies wpMula against claims by third parties, for whatever reason, in connection with acts and conduct of the Customer (including acts and conduct that violate the provisions of these General Terms and Conditions), its data traffic or the Content.

11.8. If the Customer imputably fails to fulfill its contractual obligations or its obligations under the law towards wpMula or acts unlawfully towards wpMula in a timely or proper manner, or acts unlawfully towards wpMula, the Customer must compensate all damages (including costs) that wpMula suffers or has suffered as a result.

Article 12. Login Information

12.1. If wpMula receives login details from the Client, wpMula will handle these login details responsibly.

12.2. If the Client changes login credentials of any account to which wpMula is required to have access under the Agreement, the Client must notify wpMula of its changed login credentials.

12.3. If an unauthorized third party learns of the Client’s login details and/or has access to an account of the Client, wpMula is not liable for this. In such a case, the Client must change its login details as soon as possible and cooperate in limiting the damage resulting from the unauthorized use. If wpMula detects a hackerattack/unauthorized use regarding login data and/or an account of the Customer, wpMula will notify the Customer as soon as possible.

Article 13. Invoicing and payment

13.1. Invoicing for the License will be done annually in advance.
13.2. WpMula sends invoices via email and the invoices are visible in the Account.

13.3. Payment of the first annual amount for the License is made upon purchase of the License through one of the payment options offered by wpMula’s payment provider, Mollie. The payment options will be clearly communicated to the Customer at the conclusion of the Agreement on wpMula’s site. Payment of successively invoiced annual amounts must be made within 14 days of the invoice date.

13.4. If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. The Customer shall then owe interest of 2% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall be payable. The interest on the amount due and payable will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full. In addition, all costs of collection after the Customer is in default, both judicial and extrajudicial, shall be borne by the Customer. The compensation in respect of extrajudicial collection costs is set at least 15% of the principal amount due with a minimum of €250.

13.5. Payments made by the Customer shall first serve to settle interest and costs due and subsequently due and payable invoices that have been outstanding the longest, even if the Customer indicates a different order of allocation.

13.6. Complaints about an invoice must be submitted In Writing to wpMula within 10 days of the invoice date. Objections to the amount of an invoice do not suspend the payment obligation.

13.7. The Client is not entitled to set off or to suspend a payment.

13.8. The License is granted to the Customer under the condition that the Customer has paid in full all fees due from the Agreements concluded between the parties.

Article 14. Complaints

14.1. Complaints about the Work, the Service or the Software must be reported by the Customer to wpMula as soon as possible and in any event within 14 days of the occurrence of the circumstance to which the complaint relates. Complaints and/or a malfunction can be reported to wpMula in the following ways:
a. Via the contact form on wpMula’s site;
b. Via a WhatsApp message: + 31 6 42677371;
c. By phone: + 31 6 42677371;
d. By e-mail: info@wpmula.com.

14.2 The Customer must give wpMula the opportunity to investigate a complaint and carry out remedial work within a reasonable period of time.

14.3. Repair work carried out by a third party or by the Customer itself without wpMula’s consent will never be reimbursed and does not entitle the Customer to suspend payment.

14.4. The liability of wpMula is at all times limited to what is included in Article 15. 14.5. Complaints do not suspend the Customer’s payment obligation.

Article 15. Liability and statute of limitations

15.1. WpMula cannot be held to compensate any damages that are a direct or indirect result of:
a. An event that is in fact beyond its control and thus cannot be attributed to its acts and/or omissions, as described in Article 16 of these general terms and conditions, among others;
b. Any act or omission by the Customer, its subordinates, or other persons employed by or on behalf of the Customer.

15.2. The Client is responsible under all circumstances for the accuracy and completeness of the data and Content provided by it. WpMula is never liable for any damage caused (partly) because the data and Content supplied by the Customer are incorrect and/or incomplete. The Client indemnifies wpMula against all claims in this regard.

15.3 WpMula is not liable for the operation of (online) services, software, systems, themes, plugins, codes and products of third parties. If the Software or the Website does not function or no longer functions properly due to modifications in or updates of software of a third party, wpMula is not liable for any damage suffered by the Customer as a result.

15.4 WpMula is not liable if after removal of the Software there are any bugs, shifts or malfunctions in the Website.

15.5. WpMula is never liable for any damage of any kind suffered by the Customer related to the (non-)functioning of a system or (internet) connections of the Customer.

15.6. The use of the Software is entirely at your own risk. WpMula is not liable for any damage suffered by the Customer due to the use of the Software.

15.7. If the Customer or a third party makes changes to the Website or the Software, wpMula excludes any liability.

15.8. WpMula is not liable for the damage caused by hackers or a cyber attack, such as, but certainly not limited to, loss of revenue due to the Website being offline or not functioning properly.

15.9. WpMula does not guarantee that the Website, the Service or the Software will operate without interruption or without errors. WpMula is not liable for damages, including loss of sales, resulting from the temporary unavailability or malfunction of the Website, the Service or the Software, a technical error in the Website, the Service or the Software or the Website being offline. WpMula is not liable for the non-availability or improper functioning of the Website or for the Website being offline due to a malfunction in the Software or due to a bug in the Software after an update of the Software.

15.10. WpMula is not responsible for the content of the Website. The Client must ensure that the content of the Website does not violate the law or violate the (copyright) rights of third parties.

15.11. WpMula is not liable if texts translated by a third party or a third party’s online translation service are not or not correctly translated.

15.12. WpMula is not liable for the errors of third parties engaged to execute the Agreement. The applicability of Article 6:76 of the Dutch Civil Code (BW) is expressly excluded.

15.13. Advice is provided by wpMula to the best of its knowledge and in good faith, but wpMula does not accept any liability for damage, directly or indirectly arising from the content of the advice it provides. The Client himself is responsible for the decisions he makes, whether or not as a result of advice given by wpMula.

15.14. If wpMula resolves a failure less quickly than usual and/or than desired by the Client due to a force majeure situation, due to a day off or due to vacations, wpMula will not be liable for any resulting damage, such as, but certainly not limited to, loss of sales.

15.15. Any liability of wpMula for consequential damages is excluded. In this context, consequential loss is understood in any case to include: loss of profit, missed savings, loss of turnover, costs incurred to prevent or determine consequential loss, loss caused by delay, business interruption, trading loss, loss of reputation, loss of data, loss of Content, labor costs and fines imposed.

15.16. If wpMula should be liable for any damages or if the above limitation of liability is not permitted by law, wpMula’s liability shall be limited to the amount paid out by wpMula’s insurer. If the insurer does not pay out or the damage is not covered by the insurance, then wpMula’s liability shall be limited to a maximum of the invoice value of that part of the Agreement to which the liability relates. If the liability relates to the License, then the liability is limited to the annual amount for the License.

15.17. The liability of wpMula only arises if the Customer gives wpMula, immediately and properly, notice of default In Writing, setting a reasonable time for clearing the breach and wpMula remains imputably in breach of its obligations even after that time. The notice of default must contain as detailed a description as possible of the failure, so that wpMula is able to respond adequately.

15.18. Any legal claim for a defect in the performance of the Agreement shall lapse 1 year after the Customer discovered or reasonably could have discovered the damage.

15.19. If the Customer has made goods and/or materials and/or facilities available to wpMula for the purposes of the performance of the Agreement and such goods and/or materials and/or facilities are not suitable for the purpose for which they were made available to wpMula, then the Customer shall be liable for any and all damages arising therefrom.

Article 16. Force majeure

16.1. WpMula is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure on the part of wpMula exists, among other things, if wpMula is prevented from fulfilling its obligations under the Agreement or its preparations as a result of: Internet failure, virus infection or computer breach by third parties, cyber attack, power failure, email traffic failure, extreme weather conditions, natural disasters, traffic disruption, strikes, war, riots, threat of war, boycott, terrorism, theft, fire, epidemics, pandemic, damage to or failure of computer equipment, government measures, illness or personal (family) circumstances of the natural person performing or to be performed the Agreement on behalf of wpMula, errors in software, site or (online) services of third parties, a failure of a third party engaged by wpMula and changes in laws and regulations.

16.2. WpMula also has the right to invoke force majeure if the circumstance preventing (further) fulfillment occurs after wpMula should have fulfilled its obligations.

16.3. If at the time of the occurrence of force majeure wpMula has already partially fulfilled its obligations under the Agreement, wpMula is entitled to invoice the part already fulfilled.

16.4. If wpMula cannot perform the Agreement for an extended period of time due to a force majeure situation, then the Customer has the right to terminate the Agreement early. In such a case, wpMula shall cooperate in transferring the service to a third party.

Article 17. Dissolution and suspension

17.1. WpMula is entitled to suspend the performance of its obligations or to dissolve the Agreement by means of a Written statement if:
a. The Customer does not or not fully comply with the obligations under the Agreement;
b. After the conclusion of the Agreement wpMula learns of circumstances that give good reason to fear that the Customer will not fulfill the obligations;

c. The Client has been granted suspension of payment;
d. The Client is in a state of bankruptcy or the Client’s bankruptcy has been filed for;
e. The Customer’s business is liquidated or terminated other than for the purpose of an acquisition or merger of businesses;
f. The Customer violates wpMula’s intellectual property rights.

17.2. Furthermore, wpMula is entitled to dissolve the Agreement if circumstances arise of such a nature that performance of the Agreement is impossible or can no longer be required by standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement can no longer reasonably be expected.

17.3. If wpMula proceeds with suspension or dissolution, it is in no way liable to pay compensation for damages and costs incurred in any way.

17.4. If the Agreement is dissolved, wpMula’s claims against the Customer are immediately due and payable. If wpMula suspends fulfillment of its obligations, it retains its claims under the law and Agreement.

17.5. WpMula always retains the right to claim damages.

Article 18. Intellectual property rights

18.1. The intellectual property rights relating to the Content are vested in the Customer or its licensor. The Customer grants wpMula a license to the Content for the performance of the Work.

18.2. The intellectual property rights, such as copyright, vested in the Software and in the Software’s manuals remain the property of wpMula.

18.3. The Client must respect the intellectual property rights of wpMula at all times.

18.4 The Customer is granted a non-exclusive and non-transferable temporary right of use to the Software. The Customer is not permitted to grant sub-licenses, to copy the Software (in part), to exploit the Software in any way or to make changes to the Software.

18.5. If the Customer violates the intellectual property rights of wpMula, such as, but not limited to, still using the Software in any way after the License or reproducing or (online) publishing manuals of the Software, the Customer is liable for all damages incurred by wpMula as a result, including loss of sales.

18.6. WpMula is free, subject to the interests of the Customer, to use the Website for its own publicity or promotion, such as posting on wpMula’s site an image of the Website and of the Customer’s name and/or logo.

18.7. By giving an order for publication or reproduction of items protected by the Copyright Act or any other legal regulation in the field of intellectual property, which have been made available by or on behalf of the Client himself, the Client declares that no infringement is made of legal regulations and/or protected rights of third parties and indemnifies wpMula for the claims of third parties in this regard and/or for the direct and indirect consequences, both financial and otherwise, arising from the publication or reproduction.

18.8. The assignment does not include conducting research into the existence of intellectual property rights of third parties. The same applies to research into the possibility of such forms of protection for the Customer.

18.9. It is the Customer’s own responsibility to verify that the Content does not infringe the intellectual property rights of third parties.

Article 19. Confidentiality

19.1. Both parties are obliged to keep secrecy of all confidential information obtained from each other or from other sources in the context of their Agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.

19.2. If wpMula is obliged on the basis of a statutory provision or a court ruling to provide confidential information to a third party designated by the law or the competent court and wpMula cannot in this respect invoke a right to refuse to give evidence, recognized or permitted by law or by the competent court, then wpMula shall not be obliged to pay compensation or indemnification and the Client shall not be entitled to dissolve the Agreement free of charge.

19.3. WpMula retains the right to use any knowledge gained from the execution of the Work for other purposes, provided that no confidential information is brought to the knowledge of third parties in the process.

Article 20. Due date

20.1. Unless otherwise stipulated in these General Terms and Conditions, the Customer’s rights of action for whatever reason against wpMula lapse in any event after 1 year from the moment the Customer became aware or could reasonably have become aware of the existence of these rights.

Article 21. Personal Data

21.1. WpMula processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information on the processing of personal data, the Customer can consult wpMula’s privacy and cookie policy,
see https://wpmula.com/privacy-cookie-policy/.

21.2 The agreements in connection with the processing of personal data by wpMula on behalf of the Client are laid down in Chapter 4 of these General Terms and Conditions.

Article 22. Contract takeover and cessation of business activities

22.1. If wpMula transfers its business (in part) or transfers its legal relationship arising from the Agreement, the Client, by entering into the Agreement, grants its consent in advance for the Agreement to be taken over by the party taking over the business (in part) from wpMula or taking over the legal relationship, respectively, and the Client is obliged to cooperate with this contract takeover as follows from Article 6:159 of the Dutch Civil Code.

22.2 The Customer is not permitted to transfer any right under an Agreement concluded with wpMula to third parties, other than in the event of transfer of its entire business.

22.3. If wpMula ceases its business or business activities to which the Agreement relates and no transfer as described in Article 22.1 takes place, then all data relevant to the Client will be provided to the Client so that the Client can transfer the service to a third party. WpMula shall not be liable for any loss suffered by the Customer as a result of wpMula ceasing (in part) its business activities.

Article 23. Applicable law, disputes and competent court

23.1. Dutch law applies to every Agreement and legal act between wpMula and the Customer, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is based there.

23.2. The parties will only appeal to the courts after they have made every effort to settle a dispute by mutual consultation.

23.3. All disputes relating to Agreements and legal acts between the Customer and wpMula shall be submitted to the competent court in the district where wpMula has its registered office.

CHAPTER 2: HOSTING AND SUPPORT

The provisions contained in this chapter 2 “Hosting and Support” shall apply if wpMula provides hosting and/or support services to the Customer, without prejudice to the applicability of the other provisions of these General Terms and Conditions.

Article 24. Term, renewal and termination of hosting agreement

24.1. The Agreement is entered into for 1 year, unless another term is agreed in Writing.

24.2. After the expiry of the term, the Agreement will be automatically renewed each time for the period for which the Agreement was entered into, unless the Agreement is terminated in accordance with Article 24.3.

24.3. Either party may terminate the Agreement towards the end of the term. Termination shall be effected In Writing and subject to a notice period of 2 months.

24.4. If the Agreement is terminated prematurely by the Customer, the fee for the agreed term the Agreement remains payable.

Article 25. Duration, renewal and termination of the Support Agreement

25.1 The Support Agreement shall have a term equal to the term of the Hosting Agreement.

25.2. If the Customer does not purchase hosting, but does purchase support, the term of the Agreement for support is 1 year.

25.3. After the expiration of the term, the Agreement is automatically extended by 1 year each time, unless the Agreement is terminated in accordance with Article 25.4.

25.4. Either party may terminate the Agreement by the end of the term. Termination must be effected In Writing and with due observance of a notice period of 2 months.

25.5. If the Agreement is terminated prematurely by the Customer, the fee for the agreed term the Agreement remains payable.

Article 26. Support without hosting

26.1. If the Customer hosts the Website itself, then wpMula is not responsible for the code of the Website and for the operation of the code.

Article 27. Support

27.1. The Services that and the number of hours covered by the Support Agreement depends on the service package that the Customer purchases from wpMula.

27.2. Support does not include software development work, unless otherwise agreed.

27.3. The Agreement may relate to a site that has not been developed by wpMula. In such a case, wpMula is never liable for the operation of codes written by the Customer or by a third party. Performing maintenance or resolving a failure that requires Work to be performed on code not written for wpMula may result in additional costs. These additional costs will be charged to the Customer in addition to the periodic fee for the Agreement.

27.4. Support is provided on a best-effort basis, unless the Customer has purchased additional support. . If there is a failure in the Website, wpMula will make every effort to resolve the failure as soon as possible, without guaranteeing any resolution time.

27.5. If the Customer wishes to purchase more support hours, than the number of support hours covered by the Agreement, these additional hours will be charged to the Customer based on wpMula’s hourly rate.

Article 28. Obligations of the Customer

28.1. To promote the quality of support, the Customer shall refrain from making any changes to the plugins etc. of the Website.

Article 29. Domain

29.1. If the Customer purchases domain name registration, wpMula will apply for a domain name in the Customer’s own name and for the Customer’s account and risk.

29.2. The application and use of the Client’s domain name are subject to the applicable rules and procedures of the relevant registering authority. The registering authority is responsible with respect to the application for the domain name. WpMula is not responsible for honoring the domain name application. If the application for the domain name desired by the Client is not honored, for example because a third party has previously applied for and/or obtained the domain name, wpMula is not liable for this.

29.3. Domain registration is per year and cannot be changed.
29.4. Changing the domain registration counts as a new domain registration.

29.5. When using the domain name, the Customer shall observe all laws and regulations and all conditions set by the registering authority. The use of the domain name shall be entirely the responsibility of the Customer.

29.6. WpMula shall never be liable or responsible for any damages resulting from the use of the domain name.

Article 30. SSL Certificate

30.1. WpMula does not issue an SSL certificate itself. An SSL certificate is granted by a certificate authority. If an SSL certificate application submitted by wpMula for the Customer is not honored or if an SSL certificate is revoked by a certificate authority, wpMula is not responsible for it and is not liable for the consequences.

30.2. The Customer must comply with the terms and conditions of the certificate authority.

Article 31. Hosting

31.1. For the hosting service, wpMula uses a hosting company.

31.2. WpMula will make every effort to achieve uninterrupted availability of the hosting service and access to data stored by the hosting company, but offers no guarantees in this regard.

31.3. By using the hosting service, the Customer shall not violate the rights of third parties, shall not behave indecently or in violation of morals or public order and shall not act in violation of legal provisions. In particular, the Customer shall:
a. Respect the (intellectual property) rights of third parties;
b. Not disseminate data in violation of legal provisions;
c. Not use the hosting service for the purpose of criminal activities; d. Not knowingly spread viruses.

31.4. WpMula will always make every effort to ensure that the hosting service functions as well as possible, but is dependent therein on the services of the hosting company engaged. If these services fail, this will be considered force majeure for wpMula.

31.5. If, in the opinion of wpMula, the Customer acts in breach of the obligations set out in this article or makes other improper use of the hosting service, wpMula is entitled to discontinue the hosting service with immediate effect, without wpMula being liable for any compensation. The Customer will be notified of this in Writing.

Article 32. Billing

32.1. Invoicing for hosting shall be done quarterly in advance.
32.2. Invoicing for support entered into for a definite period of time shall be done quarterly in advance.

Article 33. Purchased support hours

33.1. If the Customer has purchased support hours in advance (prepaid), these hours must be purchased within 3 years after the hours were purchased. After this period the Customer can no longer claim the hours.

33.2. If the hours purchased by the Customer have been used up, wpMula will notify the Customer.

CHAPTER 3: TRAINING

The provisions contained in this chapter 3 “Training” shall apply if the Customer purchases a Training, without prejudice to the applicability of the other provisions of these General Terms and Conditions.

Article 34. Cancellation by the Customer

34.1. If the Customer wishes to cancel the Training, the Customer should contact wpMula as soon as possible and the parties will attempt to reschedule the Training. If the parties cannot agree on rescheduling the Training and the Training is cancelled shortly in advance, the Customer will continue to owe wpMula the full agreed amount for the Training.

Article 35. Cancellation by wpMula and changes

35.1. WpMula may cancel a Training if there are not enough registrations, wpMula is prevented by force majeure, or if there are other forms of force majeure. The Client will be notified of this as soon as possible. In such a case, if possible, the Client will be offered another Training. If the Customer does not accept this offer or if no other Training is offered, wpMula will refund to the Customer the amount already paid by the Customer to wpMula.

35.2. WpMula has the right to change the date, time and/or location of the Training. The Client will be notified of this as soon as possible. In such a case, the Client has the right to cancel the Training free of charge, unless the change is only of minor significance.

Article 36. Obligations of the Customer

36.1. If wpMula conducts a Training at the Customer’s location then:
a. The Customer must provide a suitable space in a timely manner where the Training can take place;
b. The Client shall provide, free of charge, the facilities reasonably required by wpMula;
c. The Client must ensure that the location where, the tools with which and the circumstances in which wpMula must perform the Work are safe and comply with all legal requirements. The Customer must take such measures that wpMula is protected against danger to body, honor and property during the performance of the Work.

36.2. The Client is responsible for the behavior of the Participants during the Training.

Article 37. Training and responsibilities of the Participants

37.1. WpMula is authorized if:
a. A Participant misbehaves;
b. A Participant unreasonably complicates or prevents proper performance of the Training;
c. A Participant’s conduct indicates that he does not wish to participate in the Training,
deny the Participant access to the Training. The agreed fee will in that case remain due in full, without prejudice to wpMula’s right to compensation for any damages.

37.2. During the Training, the Participant must not be able to be disturbed by incoming telephone calls, (text or WhatsApp) messages or e-mail messages, unless the Participant has received permission to do so from wpMula. During the Training, the Participant’s phone must be on silent.

37.3. Costs arising from damage and/or destruction caused during a Training by Participants will, to the extent not recoverable from the perpetrator(s) themselves, be paid by the Customer.

37.4. The Client is not entitled to a refund (of part) of the paid training fee if the Client or the Participant registered by the Client does not attend the agreed training days or prematurely stops attending the Training.

Article 38. Invoicing and travel and accommodation expenses

38.1. Invoicing for the Training will be done in advance.

38.2. If the Training is conducted at the Customer’s location, wpMula is entitled to charge travel and accommodation expenses to the Customer.

Article 39. Intellectual property rights

39.1. WpMula is fully and exclusively entitled with respect to the intellectual property rights, such as copyrights, that rest on the Materials.

39.2. It is not permitted, without prior permission from wpMula, to reproduce, disclose or exploit the Materials.

39.3. The Client is only permitted to use the Materials within its own company and within the framework of the Agreement.

39.4. It is not permitted to remove or change any indication regarding (copyright) rights from the Materials.

39.5. It is not permitted to make, save, reproduce or publish (online) image and/or sound recordings of an offline or online Training.

39.6. If the Client or a Participant violates wpMula’s intellectual property rights, the Client shall be liable for all damages incurred by wpMula as a result, including loss of revenue.

Chapter 4: PROCESSING AGREEMENT

The provisions contained in this Chapter 4 “Processor Agreement” shall apply if wpMula processes personal data on behalf of the Customer, without prejudice to the applicability of the other provisions of these General Terms and Conditions.

Article 40. General and definitions

40.1. The words included in these General Terms and Conditions (such as “personal data” and “processing”) shall, in any conjugation, have the meaning as referred to in the GDPR.

40.2. The Customer shall determine the purpose and means of processing personal data. For the purposes of the GDPR, the Customer is referred to as a “controller”. For the purposes of the GDPR, wpMula is designated as a “processor”.

40.3. WpMula undertakes under the terms of this section to process personal data on behalf of the Customer. Processing will only take place in the context of the Work that wpMula will perform for the Customer or the Service that wpMula provides to the Customer as agreed between the parties.

Article 41. Type of personal data, categories of data subjects and purposes

41.1. From whom personal data are processed depends on the Work, the functionalities of the Website and/or the type of Service purchased by the Customer. It may include, for example, the following persons whose personal data are processed: employees, customers/customers and suppliers of the Customer and users of the Software and persons whose personal data are entered by the user of the Website.

41.2. The type of personal data that wpMula processes on behalf of the Customer depends on the Work, the functionalities of the Website and/or the type of Service purchased by the Customer. They may include, for example, the following personal data: first name, surname, call sign, address, zip code, city, email address, telephone number, date of birth, Citizen Service Number, gender, login details and bank details.

41.3. WpMula will not process the personal data for any purpose other than as determined by the Customer. 41.4. The purpose of processing the personal data is the performance of the Agreement, including hosting.

41.5. It is the Customer’s responsibility that the type of personal data that wpMula processes on behalf of the Customer and that the categories of Data Subjects and processing purposes are defined between the parties through an agreement or other legal act.

41.6. If the type of personal data, the categories of Data Subjects and/or the processing purposes change, the Customer must notify wpMula In Writing. WpMula is not responsible for processing purposes that have not been notified to wpMula by the Customer.

Article 42. Responsibilities of the Customer

42.1. The Customer warrants that:
a. The Customer has a legal basis to process the personal data;
b. With regard to the Data Subjects, the processing is proper and transparent;
c. The content, use and commissioning of the processing of the personal data, are not unlawful and do not infringe any rights of third parties;
d. The Customer provides the Data Subjects with all legally required information regarding the processing of personal data, for example by means of a clearly defined privacy policy;
e. The Customer, if the Customer is obliged to do so pursuant to the GDPR, will keep a register of processing activities as of the entry into force of the GDPR;
f. Personal Data will not be stored by the Customer longer than permitted by law.

42.2. If the Customer processes special personal data by means of the Service, then the Customer guarantees that it has obtained express consent from the Data Subject, from whom it processes the special personal data, for the processing of its special personal data for one or more specified purposes or that there is a statutory exception under which the processing of special personal data is permitted.

42.3. The Customer shall indemnify wpMula against claims and demands arising from the failure to comply with the above obligations.

42.4. If the Customer acts in violation of the GDPR, the Customer shall be liable for all damages incurred by wpMula as a result. Damages should include imposed fines.

Article 43. Processing

43.1. WpMula will process the personal data during the Agreement.
43.2. The processing will be performed by wpMula within an automated environment.
43.3. With respect to the processing of personal data, wpMula will ensure compliance with the GDPR.

43.4. WpMula shall process personal data on behalf of the Client, in accordance with the Client’s written instructions and under the Client’s responsibility. If, in the opinion of wpMula, an instruction given by the Client regarding the processing of personal data constitutes a violation of the GDPR or other privacy laws or regulations, wpMula will notify the Client.

43.5. WpMula is not responsible for the collection of the personal data by the Customer. WpMula processes the personal data only in the context of the Service and will not use the personal data for its own (commercial) purposes.

43.6. WpMula has no control over the purpose and means of processing personal data and does not make decisions about the use of the personal data, the disclosure to third parties and the duration of storage of personal data. The control of the personal data never comes under the control of wpMula. The Customer is the controller of the processing of the personal data. The Customer has and retains full control over the personal data.

43.7. In case wpMula processes personal data outside the European Economic Area, it will only be processed in countries with an adequate protection regime that provide appropriate safeguards and where Data Subjects have enforceable rights and effective legal remedies.

43.8. WpMula will inform the Customer without delay if a competent (governmental) authority has made a law-based request for the disclosure of personal data. If wpMula is required to provide personal data on the basis of a legal obligation, wpMula shall verify the basis of the request and the identity of the requester and shall immediately, if possible prior to the provision, inform the Customer accordingly.

43.9. WpMula undertakes to keep the personal data confidential. This duty of confidentiality does not apply to: a. Insofar as the Customer has given express permission to provide the personal data to third parties;
b. If there is a legal obligation to provide the personal data to a third party;
c. If personal data is provided to a third party being a sub-processor, see also Article 45.

Article 44. Rights of Data Subjects and compliance with the GDPR

44.1. In the event that a Data Subject makes a request concerning inspection, correction or deletion of personal data to wpMula, or wishes to exercise any other right, wpMula shall notify the Customer thereof. The Customer itself must deal with the Data Subject’s request and is therefore itself responsible for, for example, deleting, amending or providing the personal data at the Data Subject’s request or terminating or limiting the processing of the Data Subject’s personal data.

44.2. WpMula shall fully cooperate with the Customer to fulfill the Customer’s obligations under the GDPR, including assisting the Customer in fulfilling its obligations if a Data Subject exercises a right in relation to the personal data that follows from the GDPR and the Customer’s obligations under Articles 32 to 36 GDPR.

Article 45. Sub-processor

45.1. By entering into the Agreement with wpMula, Customer agrees that wpMula may engage a third party in the performance of the Agreement, this third party processes personal data on behalf of wpMula, and this third party should therefore be considered a sub-processor, such as a hosting company.

45.2. WpMula shall enter into an agreement with its sub-processor in which the sub-processor shall be bound by at least the same duties that wpMula has towards the Customer in accordance with these General Terms and Conditions or these duties follow from a legal act between wpMula and the sub-processor, such as from the general terms and conditions of the sub-processor.

Article 46. Security Measures

46.1. WpMula takes all necessary technical and organizational measures to secure the personal data against loss or any other form of unlawful processing. These measures, taking into account the state of the art and the costs of implementation, guarantee an appropriate level of security given the risks involved in the processing and the nature of the personal data. The following security measures are taken, among others:

a. Using systems with strong passwords to prevent unauthorized access to systems; b. Data provided to wpMula will be stored using a secure web environment;
c. Timely software updates and backups on secure data carriers;
d. Using secure network connections;

e. Storing encrypted data in the database;
f. Firewalls;
g. Virus scanners;
h. Periodically checking (or having checked) the security measures taken;
i. E-mail messages and/or other documents containing Personal Data of Data Subjects will generally not be printed out. If something is printed out anyway, the document will be kept in a locked cabinet or the document will be destroyed immediately after use;

j. Physical protection of IT facilities, equipment and the server containing the data from unauthorized access and from damage and malfunction.

46.2. If security measures undergo changes, wpMula shall notify the Customer of these changes.

46.3. The Client has properly informed itself about the security measures taken by wpMula and believes that these measures have a level of security appropriate to the nature of the personal data and the scope, purposes and risks of processing.

46.4. WpMula shall provide the Customer with all information necessary for the Customer to establish that wpMula is complying with its obligations that follow from these General Terms and Conditions. WpMula shall deal promptly and properly with all requests for information from the Customer regarding the processing of personal data.

46.5. If a data protection impact assessment is necessary in connection with the processing of the personal data, wpMula shall cooperate with it. The costs incurred by wpMula as part of this cooperation shall be borne by the Customer, including labor time based on wpMula’s hourly rate.

Article 47. Audit

47.1. The Customer is entitled during the Agreement to have the agreed security measures tested by an independent ICT expert by means of an audit no more than once a year. The Customer shall inform wpMula In Writing at least 2 weeks prior to the audit that an audit is to be conducted and of the party conducting the audit. The independent ICT expert shall be obliged by the Customer through a confidentiality agreement to keep confidential any confidential information and personal data to which he will have access during the audit. The outcome of the audit shall only be provided to the parties and not to third parties.

47.2. The costs of the audit shall be borne by the Customer, including the costs of the independent ICT expert and the hours incurred by wpMula’s employees as part of the audit. The hours of wpMula’s employees will be billed based on wpMula’s then current hourly rate.

47.3. WpMula guarantees its cooperation in the audit. The outcome of the audit will be discussed jointly by the parties to create a possible improvement plan should there be reason to do so.

Article 48. Security incident

48.1. WpMula endeavors to do everything within its power to prevent Security Incidents. Despite all security measures taken, wpMula cannot guarantee that no Security Incident will occur.

48.2. If a Security Incident has occurred in which personal data of a sensitive nature has been leaked or as a result of which for any other reason there is a serious adverse effect on the protection of the personal data processed, wpMula will notify the Customer as soon as possible and no later than 48 hours. The Customer itself must assess whether there is such a serious data leak that notification to the Personal Data Authority is mandatory and is itself responsible for timely notification of a serious Security Incident.

48.3. Before the Customer makes the notification to the Personal Data Authority, the Customer shall discuss the content of the notification with wpMula.

48.4. WpMula shall, immediately after discovering a Security Incident, take all reasonably required measures to prevent or limit adverse effects on the protection of personal data.

48.5. If there is a Security Incident that adversely affects the privacy of the Data Subjects, the Data Subjects must be notified unless there is a statutory exception. The Customer is responsible for assessing whether there is a Security Incident as defined above and for notifying the Data Subjects of such Security Incident. If the Customer deems that Data Subjects should also be informed, the Customer shall discuss the content of such information with wpMula. If required to do so by law or regulation, wpMula will cooperate in informing the Data Subjects. WpMula is entitled to charge the Customer for the costs of such cooperation, including labor time based on wpMula’s hourly rate.

48.6. WpMula shall provide the Customer in a timely manner with all information regarding the Security Incident requested by the Customer or that wpMula knows or reasonably should know is or may be important for proper compliance with the obligations arising for the Customer as such from the GDPR regarding a Security Incident, such as: a. The nature of the Security Incident, where possible indicating the categories of Data Subjects and, approximately, the number of Data Subjects;

b. The name and contact details of the person from whom more information regarding the Security Incident can be obtained;
c. The likely consequences of the Security Incident;
d. The measures that wpMula has proposed or taken to address the Security Incident, including, where applicable, the measures to mitigate any adverse consequences thereof.

48.7. (Maintaining) a register of Security Incidents is always the Customer’s own responsibility.

Article 49. Employees of wpMula and engaged third parties.

49.1. An employee of wpMula and a third party engaged by wpMula shall only have access to those personal data that are strictly necessary for the employee or third party in question to perform the Agreement.

49.2. WpMula shall impose the (confidentiality) obligations it has under these General Terms and Conditions and the GDPR on third parties engaged.

Article 50. Provision and deletion of personal data

50.1. WpMula shall make all personal data available to the Customer at the Customer’s first request.

50.2. Upon termination of the Agreement, wpMula shall, at the Customer’s choice, delete the personal data after the end of the Agreement or provide the personal data to the Customer and then delete the personal data, unless wpMula is required by law to retain the personal data.

50.3. The cost of providing the personal data to the Customer shall be charged to the Customer.
50.4. It is the Customer’s responsibility to comply with the statutory retention period(s) with respect to the personal data.

Article 51. Liability

51.1. If the Customer does not use the Software, the Website or the Service correctly and/or performs actions using the Software, the Website or the Service that are in violation of the GDPR and/or other regulations setting requirements for the processing of personal data, wpMula is not liable for this. WpMula is never responsible for fines imposed on the Customer in connection with the processing of personal data.

51.2. If wpMula is obliged to pay compensation to one or more Data Subjects for breach of the GDPR, wpMula shall have a right of recourse against the Customer and the Customer shall be obliged to compensate such damage to wpMula, with the exception of damage arising from wpMula’s failure to comply with the obligations of the GDPR specifically directed to Processors or from wpMula’s acting outside or contrary to the Customer’s instructions.

51.3. Should wpMula be liable to the Client in connection with the processing of personal data, wpMula’s liability shall at all times be limited to what is contained in Article 15.16 of these General Terms and Conditions.

51.4. Liability on the part of wpMula on account of an attributable failure to comply with this chapter of these General Terms and Conditions shall arise only at such time as the Customer has sent wpMula a Written notice of default in which the failure of wpMula is clearly described and wpMula is given a reasonable period in which to still comply and wpMula has imputably failed to comply with this notice of default. Notice of default may be omitted if performance is permanently impossible.

Article 52. Contact

52.1. For questions or comments about wpMula’s processing of personal data, Customer may contact wpMula in the following ways:
a. Through the contact form on wpMula’s site;
b. Via a WhatsApp message: + 31 6 42677371;
c. By phone: +31 6 42677371; d. By e-mail: info@wpmula.com.

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Version February 2024