Nivcom terms and conditions.

1. Definitions and scope

Nivcom means the business registered in the Dutch Trade Register under that name. Customer means any person or legal entity requesting an offer or entering into an agreement with Nivcom. Consumer means a customer acting for private purposes outside a trade or profession.

These terms apply to all Nivcom offers, quotations, orders and agreements, including domains, hosting, websites, maintenance, Microsoft 365 and other IT services. Changes apply only when agreed in writing.

Mandatory consumer law always prevails. A business customer’s own terms apply only when expressly accepted by Nivcom in writing.

2. Offer and formation

An offer describes the service, price, VAT, term, payment and dependencies as clearly as reasonably possible. Obvious clerical, calculation or programming errors do not bind Nivcom when the customer could reasonably recognise the error.

An agreement is formed when the customer accepts an offer, places an online order carrying a payment obligation, or receives confirmation of acceptance. The online summary and order confirmation form part of the agreement.

A domain availability result is a snapshot. A domain is allocated only after confirmation by the relevant registry or registrar.

3. Prices and payment

Consumer prices include VAT. Business prices may also be shown excluding VAT. Third-party charges and recurring amounts are identified before the agreement is concluded.

Online orders are paid through the offered checkout. Invoices are due within fourteen days unless another reasonable period is agreed in writing.

A consumer first receives a free reminder and fourteen days to pay. Only statutory interest and permitted collection costs may then be charged. Statutory commercial interest and reasonable recovery costs apply to business customers.

A website project may require a deposit. The remaining amount and payment milestone are stated in the offer or order.

4. Performance, planning and cooperation

Nivcom performs the assignment with reasonable professional care as an independent IT specialist. Delivery dates are targets unless expressly agreed as binding.

The customer supplies correct information, access, content and decisions on time. Resulting delay reasonably moves the schedule. Additional work affecting price or timing is discussed in advance.

Nivcom may use suitable specialists and suppliers and remains responsible for its own part of the agreement.

5. Domain names

The customer checks spelling and confirms that registration and use do not infringe third-party rights. Nivcom registers domains for the customer under the registry and registrar rules.

Registration, transfer and renewal depend partly on third parties and cannot be guaranteed before confirmation. Completed registry costs are refundable only where required by law and permitted by registry rules.

Customers keep their contact details current and cooperate with transfer codes, validation and ownership checks.

6. Web hosting and technical use

Hosting must not be used for unlawful content, deception, spam, malware, unauthorised access or unreasonable system load. Nivcom may intervene temporarily during an urgent security risk and informs the customer as soon as reasonably possible.

Maintenance, security work or upstream incidents may cause temporary interruption. Nivcom uses reasonable efforts to limit impact and announce relevant planned work.

The customer manages secure credentials, its own applications and local copies of important data unless a separate backup or managed service is agreed. A technical backup is not an archive guarantee.

7. Websites, delivery and changes

Scope, pages, features, revision rounds and maintenance follow from the selected package and any additional quotation. New wishes outside scope are additional work and are agreed first.

The customer reviews a delivery within the agreed reasonable period and reports specific defects. Nivcom remedies defects within scope. Minor residual items that do not prevent normal use do not block delivery.

The customer is responsible for the lawful use of supplied text, images, marks and data.

8. Maintenance and support

Maintenance covers only the selected package or quotation. Included change hours expire at the end of the stated period and are not redeemable for money unless agreed otherwise.

Nivcom may apply necessary security updates. Major functional changes, third-party remediation and out-of-scope work are discussed as additional work.

Support is prioritised by urgency and impact. Guaranteed response or repair times apply only under a separately agreed service level.

9. Microsoft 365 and third-party services

Microsoft 365 licences carry the annual commitment shown at checkout and are charged per user. Microsoft’s applicable terms also apply. Nivcom remains the contact for its own supply, setup and support.

Supplier changes may affect functionality, terms or prices. Nivcom gives reasonable advance notice of relevant changes. Statutory rights for consumer digital services remain intact.

The customer is responsible for lawful use and timely information about users, roles, retention and security requirements.

10. Accounts and security

The customer keeps credentials secret, uses MFA or a passkey where possible and reports suspected misuse immediately. Nivcom may take reasonable security measures, end sessions and temporarily restrict access to prevent harm.

11. Intellectual property

After full payment the customer receives the use rights described for customer-specific deliverables. Existing tools, generic code, libraries, methods and reusable Nivcom components remain with Nivcom or their owners.

Open-source software and third-party material remain under their own licences. Copyright transfers only when expressly agreed in writing.

12. Personal data and confidentiality

Each party protects confidential information and uses it only for the agreement. Nivcom processes personal data under its privacy statement and enters into a processor agreement where required.

Necessary data may be shared with payment, hosting, domain, email and software suppliers to perform the agreed service.

13. Term, renewal and cancellation

The initial term and billing cycle are shown with the product or quotation. One-off work ends after delivery and payment. Ongoing services may be cancelled by email or the website contact options for the end of the initial term.

After the initial fixed term, a consumer service continues indefinitely. The consumer may then cancel at any time with no more than one month’s notice and receives a pro-rata refund of prepaid fees where required by law.

A business service renews for the same period unless cancelled at least one month before renewal or agreed otherwise in writing.

Cancelling one service does not automatically cancel another linked service. Nivcom explains relevant effects on domains, DNS, email, websites or data where possible.

14. Consumer withdrawal period

A consumer ordering online or at a distance generally has fourteen days to withdraw without giving a reason, starting the day after the service agreement is concluded. Withdrawal is possible through the online function, by email or another unambiguous statement.

If the consumer expressly requests a start during the withdrawal period, Nivcom may charge a proportionate amount for work already performed. The right ends only after full performance where the consumer expressly consented in advance and acknowledged that consequence.

Domain registration and other immediate services may be completed quickly. Nivcom therefore asks separately whether it may start immediately. Without that request, Nivcom normally waits until the period expires for consumers.

Valid refunds are made within fourteen days through the original payment method unless agreed otherwise. Mandatory exceptions remain applicable.

15. Quality, conformity and complaints

Nivcom supplies what the customer may reasonably expect from the offer, price and circumstances. Consumer statutory rights for services, digital content and digital services, including appropriate security updates during the agreed period, remain intact.

Report problems promptly with enough information to investigate. Nivcom acknowledges complaints and aims to respond substantively within fourteen days. Where reasonable, Nivcom first receives an opportunity to remedy a defect free of charge.

16. Suspension and termination for breach

A party normally receives a reasonable opportunity to remedy a breach, except in urgent cases, permanent impossibility, fraud or immediate security risk. Any suspension is limited to the affected part where possible.

On termination, the parties reasonably cooperate with transfer of customer data and managed domains. Substantial migration or recovery work may be agreed as additional work.

17. Liability

Nivcom is liable for direct loss that is the foreseeable result of an attributable breach. Nothing limits liability that cannot legally be limited, including intent or deliberate recklessness and mandatory consumer rights.

For business customers, other liability is limited to the amount paid for the relevant assignment in the preceding twelve months, capped by any insurance payment. Indirect business loss, such as lost profit or savings, is excluded where permitted by law.

Loss caused by incorrect instructions, undisclosed dependencies, unlawful customer content or changes by the customer or third parties is not attributable to Nivcom to the extent Nivcom did not cause it.

18. Force majeure

Neither party is liable for delay caused outside its reasonable control, including large-scale internet failure, essential supplier outage, government measures, natural disaster or cyber incidents that could not be prevented by appropriate security.

The affected party informs the other and limits impact. After sixty days either party may end the unperformed part without damages. Consumers retain refunds for services not supplied.

19. Changes to terms and prices

Nivcom may change terms for future agreements. Customers receive at least thirty days’ notice of a material change to an ongoing service.

A consumer may cancel before a materially adverse change takes effect unless it is solely beneficial, has no adverse effect or is required by law. Tax and identified supplier cost changes are explained transparently.

20. Final provisions and disputes

Dutch law applies. Consumers also retain mandatory protection of their country of habitual residence.

The parties first try to resolve disputes personally. Otherwise, the legally competent court may decide the dispute; statutory consumer jurisdiction is not restricted.

If a provision is invalid, the remainder stays effective and is replaced by a valid, reasonable provision with a similar purpose.