These general terms and conditions apply to every offer or quotation from mBino Services
regarding
Services and form an integral part of every Agreement between mBino Services and the Customer.
Provisions or conditions set by the Customer that deviate from, or do not appear in, these General
Terms and Conditions are only binding for mBino Services if and insofar as they
have been expressly accepted in Writing by mBino Services.

Version 1.0
Date December 5, 2015

ARTICLE 1. DEFINITIONS
The capitalized terms in the General Terms and Conditions have the following
meaning.

1.1. mBino Services: the company mBino Services, located in Nederweert-Eind and registered with
the Chamber of Commerce under file number 14131139.
1.2. Subscription: the Agreement under which one or more of the parties undertakes to
perform continuously or repeatedly for a certain period of time (e.g. a
12-month hosting contract).
1.3. Account: the right of access to a user interface with which the Customer
can manage and configure (certain aspects of) the Services, as well as the configuration(s) and the
files themselves stored for the Customer.
1.4. General Terms and Conditions: the provisions of this document.
1.5. Customer: the natural person or legal entity with whom mBino Services has
concluded an Agreement. This also includes the person who enters into or is negotiating with mBino Services
, as well as his representative(s), authorized representative(s), legal successor(s) and heirs.
1.6. Services: the products and/or services that mBino Services will provide to the Customer under an
Agreement.
1.7. Materials: all works, such as websites and (web) applications, software, corporate identities, logos, folders,
brochures, leaflets, lettering, advertisements, marketing and/or communication plans,
concepts, images, texts, sketches, documentation, advice, reports and other
products of the mind, as well as preparatory material thereof and files or data carriers (encrypted or not)
on which the Materials are located.
1.8. Agreement: any agreement between mBino Services and the Customer on the basis of which mBino
Services provides Services to the Customer.
1.9. Written: in addition to paper writings, also e-mail and communication by fax, provided that the
identity of the sender and the integrity of the message are sufficiently established.
1.10. High Risk Applications: applications where an error in the Services could lead to
death or serious injury, serious environmental damage or loss of (personal) data with very high
consequential damage. Examples of Applications with an increased risk are: transport systems where an
error can result in trains derailing or aircraft crashing; medical systems
where an error can result in a patient not being able to
receive treatment or receiving the wrong treatment; systems on which a substantial part of the population depends for the
provision of crucial government services, such as DigiD; systems in which (many) medical data
or other special data within the meaning of the Personal Data Protection Act, or otherwise very
sensitive data, are stored.
1.11. Website: the mBino Services website, accessible via the domain www.mbino.com.

ARTICLE 2. CONCLUSION OF CONTRACT
2.1. Customer can request the Services directly from the Website. The Agreement is created at the
time of sending the (automatically generated or otherwise) e-mail from mBino Services containing
the confirmation and acceptance of the application. Customer can also
request a quote without obligation. The Agreement is concluded upon receipt of approval of the quotation, provided this takes place before the
end date stated in the quotation.
2.2. Agreements concluded are final. If the Customer is a consumer, the delivery of
Services will commence immediately after ordering with the express consent of the Customer.

ARTICLE 3. EXECUTION OF THE AGREEMENT
3.1. After the Agreement has been concluded, mBino Services will
fulfill it to the best of its ability and with sufficient care and craftsmanship.
3.2. mBino Services will make every effort to achieve high-quality and uninterrupted availability of
Services and associated systems and networks, and to
provide access to data stored by the Customer. However, mBino Services offers no guarantees about
quality or availability.
3.3. Delivery times stated by mBino Services are always indicative
and in no case serve as deadlines.
3.4. If and to the extent that this is required for the proper execution of the Agreement, mBino
Services has the right to have certain work carried out by third parties. Any
unexpected additional costs related to this will only be borne by the Customer if this
has been agreed in writing in advance. These General Terms and Conditions also apply to the
work performed by third parties in the context of the Agreement.
3.5. If this has been agreed, mBino Services will provide the Customer with access to an Account.
The Account will be accessible by entering a password and username. Every action
that takes place through the Customer's Account or an Account created by the Customer is deemed
to have taken place under the responsibility and risk of the Customer. If the Customer suspects or
should reasonably suspect or know that misuse of an Account is taking place,
the Customer must report this to mBino Services as soon as possible so that it can take measures.
3.6. mBino Services will remain available to provide a reasonable level of
remote customer support by telephone and email during regular business hours.
3.7. All changes to the Agreement, either at the request of the Customer or as a result of the
fact that a different execution is necessary due to whatever circumstances, will be
regarded as additional work if additional costs are involved and as less work if they result in fewer costs
. These will be invoiced to the Customer accordingly.

ARTICLE 4. OBLIGATIONS OF THE CUSTOMER
4.1. The Customer is obliged to do everything that is reasonably necessary and desirable to
enable timely and correct execution of the Agreement. In particular, the Customer must
ensure that all information that mBino Services indicates is necessary or
which the Customer should reasonably understand to be necessary for the performance
of the Services, is provided to mBino Services in a timely manner. The period within which mBino Services
must execute the Agreement does not commence until all requested and required
information has been received by mBino Services.
4.2. If the Customer knows or suspects that mBino Services will have to
take certain (additional) measures to meet its obligations, the Customer will immediately
inform mBino Services of this. This obligation applies, for example, if the Customer knows or should foresee
that there will be an extraordinary peak in load on the systems of mBino Services, which
could in some likelihood cause unavailability of the Services. This is especially true
if the Customer knows that Services are also provided to others via the same systems that
mBino Services uses to provide Services to the Customer. After notification, mBino Services will
do everything it can to prevent unavailability of the Services. Unless expressly stated in Writing
otherwise agreed, all reasonable additional costs incurred may
be charged to the Customer.
4.3. Under no circumstances may Customer use the Services for High Risk Applications.
4.4. If the Customer requires any permit or other permission from government agencies or third parties for the specific use that it gives or intends to give to the Services
, the Customer must arrange
for this to be obtained. The Customer guarantees to mBino Services that it
has all permits and/or permissions that are necessary for the use of the Services by
the Customer.

ARTICLE 5. RULES OF CONDUCT AND NOTICE AND TAKEDOWN
5.1. The Customer is prohibited from using the Services
to violate Dutch or other laws or regulations applicable to the Customer or mBino Services or to infringe
the rights of others.
5.2. It is (whether legal or not) prohibited by mBino Services
to offer or distribute Materials using the Services that:
a. are unmistakably primarily intended to assist others in violating the rights of third parties, such as websites with (exclusively or mainly) hacking tools or explanations about computer crime that are apparently intended to enable the reader to commit the described criminal behavior and not to defend themselves against it;
b. be unmistakably libelous, defamatory, insulting, racist, discriminatory or hateful;
c. contain child pornography or bestiality pornography or are apparently intended to help others find such materials;
d. constitute a violation of the privacy of third parties, including in any case but not limited to the distribution of personal data of third parties without permission or necessity or repeatedly harassing third parties with unwanted communications from them;
e. contain hyperlinks, torrents or references with (locations of) material that clearly infringes copyrights, neighboring rights or portrait rights;
f. contains unsolicited commercial, charitable or idealistic communications;
g. contains malicious content such as viruses or spyware.
5.3. Distributing pornographic Materials through the Services is permitted provided this does not constitute a nuisance or other violation of these General Terms and Conditions.
5.4. The Customer shall refrain from hindering other customers or internet users or causing damage to systems or networks of mBino Services or other customers. The Customer is prohibited from starting processes or programs, whether or not via the systems of mBino Services, which the Customer knows or can reasonably suspect will hinder or damage mBino Services, its customers or internet users.
5.5. If, in the opinion of mBino Services, nuisance, damage or other danger arises for the functioning of the computer systems or the network of mBino Services or third parties and/or of the services provided via the Internet, in particular due to excessive sending of e-mail or other data, denial-of-service attacks, poorly secured systems or activities of viruses, Trojans and similar software, mBino Services is entitled to take all measures that it reasonably deems necessary to avert or prevent this danger. mBino Services may recover the costs that are reasonably necessary associated with these measures from the Customer, if the Customer can be blamed for the cause.
5.6. If mBino Services receives a complaint about a violation of this article by the Customer, or notices that this appears to be the case, mBino Services will inform the Customer of the complaint or violation as soon as possible. Customer will respond as soon as possible, after which mBino Services will decide how to act. In exceptional cases where, in the opinion of mBino Services, the complainant has requested not to forward the complaint, or mBino Services believes that the violation is undeniable, mBino Services does not have to forward the complaint.
5.7. If mBino Services believes that a violation has occurred, it will block access to the Material in question, but without permanently removing this Material (unless this proves technically impossible, in which case mBino Services will make a backup). mBino Services will make every effort not to touch any other Materials. mBino Services will inform the Customer as soon as possible of measures taken. 5.8. mBino Services is at all times entitled to report any criminal offenses observed. Furthermore, mBino Services is entitled to provide the name, address and other identifying information of the Customer to a third party who complains that the Customer is infringing his rights or these General Terms and Conditions, provided that the
correctness of
that complaint is sufficiently plausible and the third party has a has a clear interest in
releasing the data.
5.9. Although mBino Services strives to act as reasonably, carefully and adequately as possible
after complaints about the Customer, mBino Services is never obliged to pay compensation for damage if
as a result of measures as referred to in this article.
5.10. The Customer is not permitted to supply (resell) the Services, unless this
has been agreed in Writing or this is inherent in the nature of the Service.

ARTICLE 6. APPLICATION FOR DOMAIN NAMES
6.1. The application, allocation and possible use of a domain name depend on and are
subject to the applicable rules and procedures of the relevant registration authorities,
such as the Netherlands Internet Domain Registration Foundation for .nl domain names. The relevant
authority decides on the allocation of a domain name. mBino Services only fulfills an intermediary role in the application
and does not guarantee that an application will be honored.
6.2. The Customer can only learn the fact of registration from the confirmation from mBino Services, which states that the
requested domain name has been registered. An invoice for
registration costs is not confirmation of registration.
6.3. The Customer indemnifies and holds mBino Services harmless for all damage related to (the
use of) a domain name on behalf of or by the Customer. mBino Services is not liable for
the Customer losing his right(s) to a domain name or for the fact that the domain name
is requested and/or obtained by a third party in the meantime, except in the event of intent or
deliberate recklessness on the part of the Customer.
6.4. The Customer must comply with the rules that registering authorities set for
the application, allocation or use of a domain name. mBino Services will refer to these rules
during the registration procedure.
6.5. mBino Services has the right to make the domain name inaccessible or unusable, or
to place it in its own name if the Customer demonstrably fails to comply with
the Agreement, but only for the duration that the Customer is in default and exclusively
after a reasonable period of time has elapsed to comply in a written notice of default.
6.6. In the event of termination of the Agreement due to breach of contract by the Customer, mBino Services is
entitled to cancel a domain name of the Customer subject to a notice period of two
months.

ARTICLE 7. STORAGE AND DATA LIMITS
7.1. mBino Services may set a maximum on the amount of storage space or data traffic per
month that the Customer may or can actually use in the context of the Services.
7.2. If the Customer exceeds the applicable limits, mBino Services may cancel after shipment of ten
at least one warning message to the Customer regarding the excess,
to charge an additional amount per data unit (e.g. MB or GB) equal to the excess, according to the
amounts applicable in the price list.
7.3. There is no liability for the consequences of being unable to send, receive, store or
change data if an agreed limit for storage space or data traffic has been
exceeded.
7.4. If an excessive amount of data traffic is caused by an external cause
(such as a denial of service attack), mBino Services is entitled to reasonably
charge the costs to the Customer.

ARTICLE 8. DEDICATED HOSTING AND RELATED SERVICES
8.1. If the Service (also) extends to services relating to the rental of equipment for the
storage and/or transmission of Customer data, the provisions of this article also apply
.
8.2. mBino Services grants the Customer the non-exclusive right to use the
equipment made available by mBino Services. Customer will
always strictly
comply with the usage restrictions agreed between the parties. Without prejudice to the other provisions in these General Terms and Conditions, the
Customer's right of use exclusively includes the right to use the equipment for the installation of software and storage and/or transmission of data.
8.3. The equipment made available is and remains the property of mBino Services at all times, unless otherwise agreed in writing.
8.4. The customer is responsible for the installation of software and the functional management of the equipment, unless otherwise agreed in writing.
8.5. mBino Services provides support in the delivery of the Service in the form of carrying out actions on the instructions of the Customer. These actions are entirely at the risk of the Customer and will be charged to the Customer on the basis of subsequent calculation. The prices for carrying out these actions are stated on the Website.
8.6. The Customer will immediately inform mBino Services of any defects in the equipment made available. mBino Services will make every effort to remedy the defects as quickly as possible and/or install replacement equipment.
8.7. mBino Services is not liable for any damage suffered by the Customer due to defects in the equipment or temporary interruption as a result of replacing equipment.
ARTICLE 9. DEVELOPMENT OF WORKS
9.1. If a Service aims to develop, configure and/or adapt Materials such as websites, databases, software, documentation, advice, reports, analyses, designs, texts, photos, films, sound recordings, images, audiovisual material, logos or house styles, mBino Services, unless otherwise agreed, has the right to use images, software and components of third parties in the development, configuration or modification of Materials.
9.2. mBino Services is permitted to use open source software the rights of which belong to third parties. This means, among other things, that mBino Services may supply open source software to the Customer and may incorporate open source software in Materials that mBino Services creates or adapts in the context of a Service. If the license of certain open source software means that the Customer can only distribute (parts of) the software as open source, mBino Services will adequately inform the Customer about all applicable license conditions.
9.3. After delivery, the Customer is responsible for correct compliance with the relevant third-party licenses when using the developed Materials.
ARTICLE 10. PROVISION OF MAINTENANCE
10.1. Maintenance means ensuring that existing hardware and/or software functions in accordance with the quotation or further agreement, and more generally repairing errors.
10.2. mBino Services will make every effort to carry out maintenance as best as possible, but is often dependent on its supplier(s) and third parties for updates, error recovery software ('patches') or spare parts. mBino Services is entitled not to install certain updates or patches if, in its opinion, this does not benefit the correct functioning of the software or is not in the interests of the Customer.
10.3. As part of maintenance, mBino Services will endeavor to correct errors in the Materials and associated software. However, mBino Services is dependent on supplier(s) and third parties. In the event of new functionality or changes that could significantly change the functioning of the software, mBino Services will consult with the Customer in advance.
10.4. mBino Services will make every effort to add changes to the software requested by the Customer. mBino Services is always entitled to refuse a request if, in its opinion, it is not feasible or could hinder the proper functioning or availability of the software.
10.5. If, in the opinion of mBino Services, a requested change could negatively affect the functioning or security of the software, mBino Services will report this in writing to the Customer. If the Customer nevertheless insists on the change and mBino Services implements it, this will be at the Customer's own risk and without any liability for mBino Services.
10.6. If the Customer independently wishes to make a change to the results delivered by mBino Services, this is entirely at the Customer's own risk and responsibility, unless the Customer has notified mBino Services of the desired change in advance and mBino Services has approved it in writing. mBino Services may attach conditions to this approval.
10.7. Remote support is provided by telephone, e-mail and other mutually agreed channels. 10.8. At the request of the Customer, mBino Services will propose software with which computers to be supported can be accessed remotely. It is the Customer's responsibility to ensure that its network and security environment allows this software to operate.
10.9. If it appears that remote support does not lead to a satisfactory solution or is not feasible given the nature of the problem, mBino Services will consult with the Customer to find an on-site solution.
ARTICLE 11. INSTALLATION AND CONFIGURATION OF HARDWARE AND SOFTWARE
11.1. mBino Services will configure and install hardware and software for the Customer in accordance with the quotation or further specification, in order to realize a new, working hardware and software system.
11.2. The choice, purchase and management of the hardware, software and network environment in which the configuration and installation will take place is solely and entirely the responsibility of the Customer. mBino Services will provide instructions on the desired configuration. If the designated environment does not meet the requirements of mBino Services, mBino Services is entitled to refuse installation or configuration.
11.3. At the request of mBino Services, the Customer will grant employees and assistants of mBino Services all necessary access to the environment to enable installation, configuration, maintenance and adjustments of the software. Physical access to hardware will only take place if necessary, and only after prior consultation with the Customer.
11.4. If licenses from third parties are necessary for the use of software, the Customer will purchase these licenses and ensure that the provisions contained therein are strictly complied with. The Customer indemnifies mBino Services against claims from third parties regarding installation and licenses of the software, except to the extent that the claims are the result of information or licenses provided by mBino Services.
ARTICLE 12. INTELLECTUAL PROPERTY
12.1. All intellectual property rights to all Materials developed or made available by mBino Services in the context of the Agreement rest exclusively with mBino Services or its licensors. 12.2. The Customer only obtains the user rights and powers that are explicitly granted in Writing in these General Terms and Conditions, the Agreement or otherwise and otherwise the Customer will not reproduce or make public these Materials. The aforementioned is an exception if it has clearly been inadvertently failed to provide the Customer with such a right in an express manner. However, release of source code of Materials is at all times only mandatory if explicitly agreed.
12.3. Unless and insofar as otherwise agreed in Writing, the Customer is not permitted to remove or change any indication regarding copyrights, trademarks, trade names or other intellectual property rights from these Materials, including indications regarding the confidential nature and secrecy of the Materials. .
12.4. mBino Services is permitted to take technical measures to protect its Materials. If mBino Services has secured these Materials by means of technical protection, the Customer is not permitted to remove or circumvent this security, except if and to the extent that the law stipulates the contrary.
ARTICLE 13. PRICES
13.1. Unless expressly stated otherwise for an amount, and unless the Customer is a consumer, all prices quoted by mBino Services are exclusive of sales tax and other levies imposed by the government.
13.2. If a price is based on information provided by the Customer and this information turns out to be incorrect, mBino Services has the right to adjust the prices accordingly, even after the Agreement has already been concluded.
13.3. If the Agreement concerns a Subscription, mBino Services is entitled to change the rates charged once a year.
13.4. The same conditions and procedures apply to price changes as to changes to the Services and these General Terms and Conditions.
ARTICLE 14. PAYMENT TERMS
14.1. mBino Services will invoice the amounts owed by the Customer to the Customer. mBino Services may issue electronic invoices. mBino Services has the right to periodically charge amounts due prior to the delivery of the Services.
14.2. The payment term for an invoice is 14 days after the invoice date, unless otherwise agreed in Writing.
14.3. If the Customer has not paid in full after 14 days after the payment term, he is automatically in default without notice of default being required.
14.4. If the Customer is in default, this will have the following consequences:
a. Statutory interest is due on the outstanding amount;
b. Customer owes 15% of the principal amount in collection costs, or 40 euros if that amount is more than 15% of the principal amount;
c. In addition to the amount owed and the interest due, the Customer is obliged to fully reimburse both extrajudicial and judicial collection costs, including the costs for lawyers, lawyers, bailiffs and collection agencies;
d. the websites and other Materials hosted for the Customer may be made inaccessible until the outstanding amounts, interest and the like have been paid.
14.5. Unless the Customer is a consumer, an appeal by the Customer to suspension, set-off or deduction is not permitted. 14.6. In the event that the Customer fails to comply with any obligation under the Agreement, mBino Services is entitled to take back goods delivered without any notice of default, in addition to suspension of Services, without prejudice to mBino Services' right to compensation for damage, lost profits and interest.
ARTICLE 15. FORCE MAJEURE
15.1. Neither party can be held to fulfill any obligation if a circumstance beyond the control of the parties and which could not or should not have been foreseen
at the time of concluding the Agreement , nullifies any reasonable possibility of compliance. 15.2. Force majeure also includes (but is not limited to): disruptions to public infrastructure that is normally available to mBino Services, and on which the delivery of the Services depends, but over which mBino Services cannot exercise actual power or contractual performance obligation, such as the operation of the registers of IANA, RIPE or SIDN, and all networks in the internet with which mBino Services has not concluded a contract; disruptions to infrastructure and/or Services of mBino Services caused by computer crime, for example (D)DOS attacks or successful or unsuccessful attempts to circumvent network security or system security; shortcomings of suppliers of mBino Services, which mBino Services could not foresee and for which mBino Services cannot hold its supplier liable, for example because the supplier in question was (also) subject to force majeure; Defectiveness of goods, equipment, software or other source material the use of which Customer has prescribed; Unavailability of staff members (due to illness or otherwise); government measures; general transportation problems; strikes; wars; terrorist attacks and civil unrest.














15.3. If a force majeure situation lasts longer than three months, each party has the right to terminate the agreement in Writing. In that case, what has already been performed under the agreement will be settled proportionately, without the parties owing each other anything.
ARTICLE 16. LIABILITY
16.1. mBino Services is not liable in the context of the conclusion or execution of the Agreement, except in the cases mentioned below, and up to the limits stated therein.
16.2. The total liability of mBino Services for damage suffered by the Customer as a result of an attributable shortcoming in the fulfillment by mBino Services of its obligations under the Agreement, which expressly also includes any shortcoming in the fulfillment of a warranty obligation agreed with the Customer, or due to a unlawful actions by mBino Services, its employees or third parties engaged by it, are limited per event or a series of related events to an amount equal to the total of the fees (excluding VAT) that the Customer will become liable to pay under the Agreement, or, if the Agreement has a duration of more than six (6) months, an amount equal to the fees paid by the Customer in the last six (6) months. However, under no circumstances will the total compensation for direct damage exceed ten thousand (10,000) euros (excluding VAT).
16.3. mBino Services is expressly not liable for indirect damage, consequential damage, lost profits, missed savings and damage due to business stagnation.
16.4. The liability of mBino Services due to an attributable shortcoming in the performance of the Agreement only arises if the Customer immediately and properly gives notice of default to mBino Services in Writing, setting a reasonable period to remedy the shortcoming, and mBino Services is also attributable to the performance after that period. continues to fail in its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that mBino Services is able to respond adequately. The notice of default must be received by mBino Services within 30 days after discovery of the damage.
16.5. The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the management of mBino Services.
16.6. The Customer is liable to mBino Services for damage caused by an error or shortcoming attributable to him. The Customer indemnifies mBino Services against claims regarding failure to comply with the rules of conduct in Article 5 when using the Services by or with the Customer's permission. This indemnification also applies to persons who are not employees of the Customer, but who nevertheless use the Services under the responsibility or with the permission of the Customer.
ARTICLE 17. CONFIDENTIALITY
17.1. The parties will treat information that they provide to each other before, during or after the execution of the Agreement as confidential when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the Agreement.
17.2. mBino Services will not take note of data that the Customer stores and/or distributes via the systems of mBino Services, unless this is necessary for the proper execution of the Agreement or mBino Services is obliged to do so under a legal provision or court order. In that case, mBino Services will make every effort to limit the knowledge of the data as much as possible, insofar as this is within its power. 17.3. The obligation of confidentiality also continues after termination of the Agreement for any reason, for as long as the providing party can reasonably claim the confidential nature of the information.
ARTICLE 18. DURATION AND TERMINATION
18.1. The duration of the Agreement is the period of time necessary to provide the Services. If the Agreement is a Subscription, it is entered into for a term of one year.
18.2. If a fixed term has been agreed for the Subscription, neither party may unilaterally terminate the Agreement before the term has expired, unless there is a special reason for termination, as further described below.
18.3. In the absence of timely cancellation, a Subscription will be tacitly renewed for a term equal to the first term.
18.4. mBino Services may immediately suspend or terminate the Agreement in Writing if at least one of the following special grounds applies:
a. Customer is in default with regard to an essential obligation;
b. the Customer's bankruptcy has been filed;
c. Customer has applied for suspension of payment;
d. the Customer's activities are terminated or liquidated.
18.5. If mBino Services suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement, including the claim to payment for the Services that have been suspended.
18.6. If the Agreement is terminated or dissolved, the claims of mBino Services on the Customer are immediately due and payable. In the event of termination of the Agreement, amounts already invoiced for services performed remain due, without any obligation to cancel. In the event of termination by the Customer, the Customer may only terminate that part of the agreement that has not yet been executed by mBino Services. If the termination is attributable to the Customer, mBino Services is entitled to compensation for the damage that arises directly and indirectly as a result.
18.7. The right to suspension in the above cases applies to all Agreements concluded with the Customer simultaneously, even if the Customer is only in default with regard to one Agreement, and without prejudice to mBino Services' right to compensation for damage, lost profits and interest.
ARTICLE 19. PROCEDURE AFTER TERMINATION
19.1. After termination of the Agreement, as a result of cancellation or dissolution, the Customer's Account and all data stored for the Customer will be kept available for up to one week after termination, so that the Customer can download the data himself. After this period, all Customer data will be deleted, regardless of whether Customer has downloaded it or not.
19.2. The deletion of data stored for the Customer always takes place without special precautions to make the deletion irreversible. This means that, for example, 'delete' is pressed in a (standard) operating system.
ARTICLE 20. RANKING AND CHANGE OF CONDITIONS
20.1. mBino Services reserves the right to change or supplement the Services and these General Terms and Conditions. Changes also apply to agreements already concluded, subject to a period of 30 days after announcement of the change.
20.2. Changes will be announced via an electronic ticket system, or on the Website, or by e-mail to the Customer, or another channel where mBino Services can prove that the announcement has been received by the Customer. Non-substantive changes of minor importance can be made at any time and do not require notification.
20.3. If the Customer does not wish to accept a change, the Customer must inform mBino Services in writing with reasons for this within two weeks after notification. mBino Services may then reconsider the change. If mBino Services does not withdraw the change, the Customer can terminate the agreement on this date until the date on which the new conditions come into effect.
20.4. Provisions relating to specific Services, if applicable, take precedence over general provisions relating to all services. Further agreements between mBino Services and the Customer will only prevail over these General Terms and Conditions if they are in Writing and if this has been expressly determined or if this was unmistakably the intention of both parties.
ARTICLE 21. OTHER PROVISIONS
21.1. Dutch law applies to the Agreement.
21.2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court for the district in which mBino Services is located.
21.3. If any provision of the Agreement proves to be void, this will not affect the validity of the entire agreement. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original Agreement and General Terms and Conditions as much as legally possible.
21.4. Information and communications, including price indications, on the Website are subject to programming and typing errors. In the event of any inconsistency between the Website and the Agreement, the Agreement shall prevail.
21.5. The log files and other electronic or non-electronic administration of mBino Services constitute full proof of statements made by mBino Services and the version of any (electronic) communication received or stored by mBino Services is considered authentic, unless the Customer provides proof to the contrary.
21.6. The parties will always inform each other immediately in Writing of any changes in name, postal address, e-mail address, telephone number and, if requested, bank or giro number.
21.7. Each party is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior Written consent of the other party. However, this permission is not necessary in the event of a company takeover or takeover of the majority of the shares of the party in question.