Terms and Conditions

 

© LOGINSECURE UG 2024

 

GENERAL PROVISIONS

 

• Offers Agreement

 

1.1 These general terms and conditions apply to all offers, legal relationships, and agreements in which the supplier supplies goods and/or services of any kind to the client. Deviations and additions to these general terms and conditions are only valid if expressly agreed upon in writing.

1.2 All offers and other expressions by the supplier are without obligation, unless expressly indicated otherwise in writing by the supplier. The client is responsible for the accuracy and completeness of the dimensions, requirements, specifications of the performance, and other data provided by or on behalf of him to the supplier on which the supplier bases his offer.

1.3 The applicability of client's purchasing or other conditions is expressly rejected.

1.4 If any provision of these general terms and conditions is null and void or declared invalid, the remaining provisions of these general terms and conditions will remain in full force.

1.5 The supplier may always impose additional requirements on communication between parties or the performance of legal acts by email.

2. Price and payment

2.1 All prices are exclusive of value-added tax (VAT) and other levies imposed by the government.

2.2 If there is a periodic payment obligation of the client, the supplier reserves the right to adjust the applicable prices and rates during the term of the agreement due to inflation. The supplier shall notify the client in writing of such adjustments at least three months before the adjustment takes effect. The client agrees that such price adjustments may occur without the right to terminate the agreement in response to these adjustments.

2.3 Parties shall specify in the agreement the date(s) on which the supplier invoices the client for the agreed-upon services. Invoices shall be paid by the client according to the payment terms specified on the invoice. In the absence of a specific arrangement, the client shall pay within 7 days of the invoice date. The client is not entitled to set-off or suspend payment.

2.4 If the client fails to pay the amounts due on time, the following process will be followed:

- After a delay of 7 days, the client receives a reminder and is requested to pay within 3 days.

- If payment is not received on time, the first reminder is issued, granting another 3 days to fulfill the payment obligation.

- In case of non-payment after the first reminder, the client receives a second and final reminder, with a request to pay within 3 days.

- If these reminders are ignored, the service provision will be suspended.

- Service provision resumes after all outstanding balances are settled, including reactivation fees of €50.00 (excluding VAT).

- If the client fails to pay the amounts due on time, the client shall be liable for statutory interest on the outstanding amount without any notice of default being required. If the client remains negligent in fulfilling the demand after notice of default, the supplier may hand over the claim for collection, in which case the client shall be liable, in addition to the then-total amount due, to reimburse all judicial and extrajudicial costs, including costs incurred by external experts in addition to the costs determined by law. Furthermore, the client shall be liable for the costs incurred by the supplier in case of failed mediation, if the client is ordered by judgment to pay the outstanding amount in full or in part.

2.4.1 If the client fails twice to fulfill his payment obligation as described in 2.4, the supplier reserves the right to switch to quarterly or annual billing.

   If the supplier decides to switch to quarterly or annual billing, the client has the right to return to monthly payments, provided that the client has demonstrated timely payment for four (for quarterly billing) and 2 (for annual billing) consecutive payments.

2.5 All amounts shall be annually indexed with the CBS (NL) consumer price index.

 

3. Confidential Data, Employee Transfer, and Privacy

 

3.1 Each party guarantees that all data received from the other party, which is known or should be known to be of a confidential nature, shall remain confidential, unless legal obligations require disclosure of such data. The party receiving confidential data shall only use it for the purpose for which it was provided. Data shall be considered confidential if so designated by either party.

3.2 Each party shall not, during the term of the agreement and for a period of one year after its termination, employ or otherwise engage, directly or indirectly, employees of the other party involved or previously involved in the execution of the agreement, without prior written consent of the other party. The Supplier shall not withhold such consent where the Client has offered appropriate compensation.

3.3 The Client indemnifies the Supplier against claims from individuals whose personal data is registered or processed in the context of a personal registration held by the Client or for which the Client is otherwise responsible under the law, unless the Client proves that the facts underlying the claim are solely attributable to the Supplier.

 

4. Reservation of ownership and rights, creation of property, and retention

4.1 All goods delivered to the client, especially custom-made items, remain the property of the supplier until all amounts due from the client relating to the delivered or yet to be delivered items, or performed or yet to be performed services, as well as any other amounts owed by the client due to non-compliance with payment obligations, are fully settled with the supplier. In the event that the client acts as a reseller, they have the right to sell and resell all items subject to the supplier's reservation of ownership, to the extent customary in the normal course of business. If the client (partially) forms new items from the items supplied by the supplier, the client only holds those items on behalf of the supplier, and the client retains the newly formed items for the supplier until all amounts due under the agreement are fully paid; in that case, the supplier retains all rights as the owner of the newly formed items until full payment is made.

4.1.1 In the case of rental and/or leasing, the supplier owns the designs, sketches, scripts, CMS, software, (digital) files, etc., and grants the client the right to use them.

4.2 Rights are granted or transferred to the client, as the case may be, on the condition that the client pays the agreed fees in a timely and complete manner.

4.3 The supplier may retain the goods, products, property rights, data, documents, data files, and (interim) results generated or received in the context of the agreement, despite an existing obligation to deliver, until the client has paid all amounts due to the supplier.

5. Risk

5.1 The risk of loss, theft, or damage to goods, products, software, or data that are the subject of the agreement shall pass to the client at the moment they are placed under the actual control of the client or an assistant of the client.

6. Intellectual or Industrial Property Rights

6.1 All intellectual and industrial property rights to the software, websites, databases, equipment, or other materials developed or made available under the agreement, including analyses, designs, documentation, reports, quotations, as well as preparatory material thereof, shall exclusively belong to the supplier, its licensors, or its subcontractors. The client shall only acquire the usage rights expressly granted by these terms and conditions and by law. Any other or further right of the client to reproduce software, websites, databases, or other materials is excluded. The right granted to the client for use is non-exclusive and non-transferable to third parties.

6.2 If, contrary to article 6.1, the supplier is willing to commit to the transfer of intellectual or industrial property rights, such commitment can only be made in writing and expressly. If the parties agree in writing and expressly that intellectual or industrial property rights regarding software, websites, databases, equipment, or other materials specifically developed for the client shall transfer to the client, this does not affect the supplier's right to apply and exploit the underlying components, general principles, ideas, designs, documentation, works, programming languages, and the like, without any limitation, for other purposes, either for itself or for third parties. Likewise, a transfer of intellectual or industrial property rights does not affect the supplier's right to undertake developments for itself or third parties that are similar to those made or to be made for the client.

6.3 The client is not allowed to remove or modify any indication regarding the confidential nature or regarding copyrights, trademarks, trade names, or other intellectual or industrial property rights from the software, websites, databases, equipment, or materials.

6.4 The supplier is allowed to take technical measures to protect the software or for the purpose of agreed limitations on the duration of the right to use the software. The client is not allowed to remove or bypass such technical measures. If security measures prevent the client from making a backup copy of the software, the supplier shall, upon request, provide the client with a backup copy.

6.5 Unless the supplier provides the client with a backup copy of the software, the client may make one backup copy of the software, which may only be used for protection against involuntary loss of possession or damage. Installation of the backup copy shall only be done after involuntary loss of possession or damage. A backup copy shall be provided with the same copyright labels and indications as those present on the original copy (see article 6.3).

6.6 Subject to the other provisions of these general terms and conditions, the client is entitled to correct errors in the software provided to him if necessary for the intended use of the software. Where these general terms and conditions refer to 'errors', this shall mean the substantial failure to meet the functional or technical specifications communicated in writing by the supplier and, in the case of custom software and websites, the functional or technical specifications expressly agreed upon in writing between the parties. An error exists only if the client can demonstrate it and if it is reproducible. The client is obliged to report errors to the supplier without delay.

 

6.7 The supplier shall indemnify the client against any claim by a third party arising from the assertion that software developed by the supplier, websites, databases, equipment, or other materials infringe any intellectual or industrial property right under Dutch law, on the condition that the client promptly informs the supplier in writing of the existence and content of the claim and leaves the handling of the matter, including any settlements, entirely to the supplier. For this purpose, the client shall grant the necessary powers of attorney, information, and cooperation to the supplier to defend against these claims, if necessary in the name of the client. This indemnification obligation shall expire if the alleged infringement is related to (i) materials provided by the client to the supplier for use, processing, integration, or incorporation, or (ii) modifications made by the client to the software, website, databases, equipment, or other materials, or made by third parties.

If it is irrevocably determined by a court that software developed by the supplier, websites, databases, equipment, or other materials infringe any intellectual or industrial property right of a third party, or if, in the opinion of the supplier, there is a reasonable chance of such infringement, the supplier shall, if possible, take measures to ensure that the client can continue to use the delivered items undisturbed, for example by adjusting the infringing parts or by acquiring a right of use for the benefit of the client. If the supplier, in its sole discretion, cannot ensure that the client can continue to use the delivered items undisturbed other than in a financially unreasonably burdensome manner, the supplier shall take back the delivered items against crediting of the acquisition costs, reduced by a reasonable usage fee. The supplier shall not make this choice without consulting the client.

Any further liability or indemnification obligation of the supplier for infringement of third-party intellectual or industrial property rights is fully excluded, including liability and indemnification obligations of the supplier for infringements caused by the use of the delivered software, websites, databases, equipment, and/or materials (i) in a form not modified by the supplier, (ii) in combination with goods or software not provided or supplied by the supplier, or (iii) in a manner other than that for which the equipment, software, websites, databases, and/or other materials are developed or intended.

The client guarantees that no third-party rights oppose the provision to the supplier of equipment, software, material intended for websites (visual material, text, music, domain names, logos, etc.), databases, or other materials, including design material, for the purpose of use, processing, installation, or incorporation (e.g., in a website). The client shall indemnify the supplier against any action based on the assertion that such provision, use, processing, installation, or incorporation infringes any third-party rights.

7. Cooperation by the client; telecommunications

7.1 The client shall provide the supplier with all useful and necessary data or information for the proper performance of the agreement in a timely manner and shall provide all cooperation, including granting access to its premises. If the client employs its own personnel in the context of providing cooperation for the performance of the agreement, such personnel shall possess the necessary knowledge, experience, capacity, and quality.

7.2 The client bears the risk of selection, use, and application within its organization of the equipment, software, websites, databases, and other products and materials, as well as the services to be provided by the supplier, and is also responsible for the control and security procedures and adequate systems management.

7.3 If the client provides software, websites, materials, databases, or data on a carrier to the supplier, they shall comply with the specifications prescribed by the supplier.

7.4 If the client does not provide, does not provide in a timely manner, or does not provide in accordance with the agreements, the data, equipment, software or employees necessary for the execution of the agreement to the supplier, or if the client fails to fulfill his obligations in any other way, the supplier has the right to suspend the execution of the agreement in whole or in part and has the right to charge the costs incurred thereby according to his usual rates, without prejudice to the supplier's right to exercise any other legal right.

If, after several complaints from the supplier, there has been no reaction and/or payment from the client, the supplier is entitled to invoice all missing installments of the leasing agreement. The supplier is also entitled to invoice the remaining percentage of the one-time costs (if this is included in the order). The supplier then considers the work done up to that point as completed.

 

7.5 If employees of the supplier perform work at the client's premises, the client shall provide, free of charge, the facilities reasonably requested by those employees, such as workspace with computer and telecommunications facilities. The workspace and facilities shall comply with all applicable (legal) requirements and regulations concerning working conditions. The client shall indemnify the supplier against claims from third parties, including employees of the supplier, who suffer damage in connection with the performance of the agreement as a result of the actions or omissions of the client or unsafe situations in its organization. The client shall timely inform the employees to be deployed by the supplier of the applicable internal house rules and security regulations within its organization.

7.6 If telecommunications facilities, including the internet, are used in the performance of the agreement, the client is responsible for the correct choice and timely and adequate availability thereof, except for those facilities under the direct use and management of the supplier. The supplier shall never be liable for damages or costs due to transmission errors, malfunctions, or unavailability of these facilities, unless the client proves that such damages or costs result from the intentional or grossly negligent acts of the supplier or its managers. If telecommunications facilities are used in the performance of the agreement, the supplier is entitled to assign access or identification codes to the client. The supplier may change assigned access or identification codes. The client shall treat the access codes confidentially and with care and shall only disclose them to authorized personnel. The supplier shall never be liable for damages or costs resulting from misuse of access or identification codes.

8. Delivery times

8.1 All delivery times mentioned or agreed upon by the supplier are determined to the best of its knowledge based on the data known to the supplier at the time of entering into the agreement. The supplier endeavors to observe agreed-upon delivery times to the best of its ability. The mere exceeding of a specified or agreed-upon delivery time does not put the supplier in default. In all cases, therefore, even if the parties have expressly agreed upon an ultimate deadline in writing, the supplier shall only be in default of exceeding the time limit after the client has notified it in writing of default. The supplier is not bound by whether or ultimate delivery times can be met due to circumstances beyond its control that occur after the conclusion of the agreement. Nor is the supplier bound by an ultimate delivery time if the parties have agreed to a change in the content or scope of the agreement (additional work, change of specifications, etc.). If exceeding any deadline is imminent, the supplier and the client shall consult as soon as possible.

9. Termination of Agreement

9.1 Each of the parties shall have the authority to terminate the agreement only if the other party, in all cases after a proper and detailed written notice of default has been given, specifying a reasonable period for remedy of the default, is in material breach of its obligations under the agreement.

9.2 If an agreement, which by its nature and content does not terminate upon performance, has been entered into for an indefinite period, it may be terminated by either party after good consultation and with reasons stated by written notice. The notice period for both parties is 3 months.

9.3 Contrary to what has been determined by statutory law, the client may only terminate a service agreement in the cases regulated in these terms.

9.4 Each of the parties may terminate the agreement in writing without notice with immediate effect if the counterparty - whether provisionally or not - is granted a moratorium on payments, if bankruptcy is filed against the counterparty, or if the counterparty's business is liquidated or terminated other than for the purpose of reconstruction or merger of businesses. The Supplier shall not be obliged to refund any funds already received or provide compensation due to such termination. In case of the client's bankruptcy, the right to use software provided to the client shall expire automatically.

9.5 If the client has received performance under the agreement at the time of termination as referred to in article 9.1, these performances and the corresponding payment obligation shall not be subject to reversal, unless the client proves that the supplier is in default with regard to those performances. Amounts invoiced by the supplier prior to termination for performances already properly executed or delivered in accordance with the agreement shall remain due and payable immediately upon termination, taking into account the provisions of the previous sentence.

10. Liability

10.1 If the Supplier is liable, such liability shall be limited to what is stipulated in this provision.

10.2 If the Supplier is liable for direct damages, such liability shall be limited to twice the amount of the fee, or to a maximum of €5,000 (Five Thousand Euros). The liability shall at all times be limited to the amount of the payment to be provided by the Supplier's insurer in the relevant case.

10.3 Contrary to what is stipulated in paragraph 2 of this article, in case of an assignment with a duration longer than six months, the liability shall be further limited to the portion of the fee due for the last six months.

10.4 Direct damages shall solely be understood to mean:

Reasonable costs to establish the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms; Any reasonable costs incurred to ensure that the supplier's defective performance complies with the agreement, unless these cannot be attributed to the supplier; Reasonable costs incurred to prevent or mitigate damage, insofar as the client demonstrates that these costs have led to a limitation of direct damages as referred to in these general terms and conditions.

10.5 The Supplier shall never be liable for indirect damages, including consequential damages, loss of profit, savings, and loss due to business interruption.

10.6 The Supplier's liability due to attributable failure in the performance of an agreement shall only arise if the client duly and properly notifies the Supplier in writing of the default without delay, specifying a reasonable period for the rectification of the default, and the Supplier continues to fail to fulfill its obligations after that period. The notice of default shall contain as complete and detailed a description of the default as possible, enabling the Supplier to respond adequately.

10.7 The creation of any right to compensation is always conditional on the client notifying the Supplier of the damage as soon as possible after its occurrence in writing. Any claim for compensation against the Supplier shall expire merely by the lapse of 24 months after the claim arose.

10.8 The client shall indemnify the Supplier against all claims from third parties for product liability resulting from a defect in a product or system provided by the client to a third party and consisting in part of equipment, software, or other materials provided by the Supplier, except if and to the extent that the client proves that the damage was caused by such equipment, software, or other materials.

10.9 The provisions of this article shall also apply in favor of all (legal) persons whom the Supplier employs in the execution of the agreement.

11. Force Majeure

11.1 Neither party shall be obliged to fulfill any obligation if prevented from doing so as a result of force majeure. Force majeure shall also include force majeure of suppliers of the supplier, the failure of suppliers to fulfill obligations prescribed by the client to the supplier, as well as defects in goods, materials, software of third parties, the use of which by the client has been prescribed to the supplier.

11.2 If a situation of force majeure has lasted for more than ninety days, the parties shall have the right to terminate the agreement by written dissolution. What has already been performed pursuant to the agreement shall be settled proportionally in that case, without the parties owing anything to each other otherwise.

12. Applicable Law and Disputes

12.1 The agreements between supplier and client shall be governed by Dutch law. The applicability of the Vienna Sales Convention 1980 is excluded.

12.2 Disputes arising between supplier and client as a result of an agreement concluded between supplier and client or as a result of further agreements resulting therefrom shall be settled by means of arbitration in accordance with the Arbitration Rules of the German Institution for Arbitration (DIS) in Berlin, without prejudice to the right of the parties to request interim relief in arbitration or to the parties' right to take conservatory legal measures.

12.3 In order to attempt an amicable solution to an existing or potential future dispute, the party most ready can always initiate an ICT mediation in accordance with the ICT Mediation Rules of the Foundation for Dispute Resolution Automation in The Hague. ICT mediation under these rules is aimed at mediation by one or more mediators. This procedure does not result in a binding judgment for the parties. Participation in this procedure is voluntary. The provisions of this article do not prevent a party wishing to do so from bypassing the ICT mediation procedure and immediately following the dispute resolution mentioned in article 12.2.

 

COMPUTER SERVICE

 

The provisions stated in this chapter "Computer Service" are applicable, in addition to the General Provisions of these general terms and conditions, if the supplier provides services in the field of computer service, which includes the automatic processing of data using software and equipment managed by the supplier.

13. Duration

13.1 If the agreement concerns the periodic or regular provision of computer services, the agreement is entered into for the duration agreed upon between the parties, failing which a duration of one year applies. The duration of the agreement is silently extended each time for the duration of the original period, unless the client or supplier terminates the agreement in writing, observing a notice period of three months before the end of the relevant period.

14. Execution of the Work

14.1 Supplier only provides computer service upon the client's request. If the supplier provides computer services with respect to data of the client or its personnel pursuant to an authorized order from a government agency, all associated costs will be charged to the client. The supplier will carry out the computer service with care in accordance with the procedures and agreements documented in writing with the client.

14.2 All data to be processed by the supplier will be prepared and provided by the client in accordance with the conditions set by the supplier. The client shall bring the data to be processed to and collect the results of the processing from the place where the supplier performs the computer service. Transport and transmission, in any manner whatsoever, shall be at the client's expense and risk, even if performed or arranged by the supplier.

14.3 The client warrants that all materials, data, software, procedures, and instructions provided to the supplier for the execution of the computer service are always correct and complete, and that all information carriers provided to the supplier meet the supplier's specifications.

14.4 All equipment, software, and other items used by the supplier in the computer service remain the property or subject of intellectual and industrial property of the supplier, even if the client pays a fee for their development or acquisition by the supplier. The supplier may retain the products and data received from the client and the results of the processing until the client has paid all amounts due to the supplier.

14.5 The supplier may make changes to the content or scope of the computer service. If such changes result in a change in the procedures applicable to the client, the supplier shall inform the client thereof as soon as possible, and the costs of such change shall be borne by the client. In that case, the client may terminate the agreement in writing by termination on the date the change takes effect, unless such change is related to changes in relevant legislation or other regulations given by competent authorities or the supplier bears the costs of such change.

14.6 The supplier will endeavor, to the best of its ability, to timely adapt the software used by it in the execution of the computer service to changes in the Dutch laws and regulations managed by it in the context of its service provision. Upon request, the supplier will advise the client on the consequences of these adaptations for the client at its usual rates.

15. Security, Privacy, and Retention Periods

15.1 Supplier complies with the obligations incumbent upon him under the legislation concerning the processing of personal data as a processor. Supplier shall ensure appropriate technical and organizational measures to secure (personal) data against loss or against any form of unlawful processing.

15.2 Client ensures that all legal provisions regarding the processing of personal data, including the provisions given by or under the Personal Data Protection Act, are strictly adhered to and that all required notifications have been made and all necessary permissions for the processing of personal data have been obtained. Client shall promptly provide supplier with all requested information in this regard in writing.

15.3 Client indemnifies supplier against any claims from third parties that may be brought against supplier due to a breach of the Personal Data Protection Act and/or other legislation concerning the processing of personal data, not attributable to supplier.

15.4 Client indemnifies supplier against any claims from third parties, including government institutions, that may be brought against supplier due to a breach of legislation regarding statutory retention periods.

16. Guarantee

16.1 Supplier is not responsible for verifying the accuracy and completeness of the results of the computer service. Client shall verify these results upon receipt. Supplier does not warrant that the computer service will be provided error-free or without interruptions. If defects in the results of the computer service are a direct result of products, software, information carriers, procedures, or operations for which supplier is expressly responsible under the agreement, supplier shall repeat the computer service to the best of its ability to rectify these imperfections, provided that the client promptly, but no later than one week after receipt of the results of the computer service, notifies supplier thereof in writing and in detail. Only if defects in the computer service are attributable to supplier, the repetition will be performed free of charge. If defects are not attributable to supplier and/or the defects result from errors or imperfections of the client, such as providing incorrect or incomplete information, supplier shall invoice client for the costs of any repetition according to its customary rates. If rectification of defects attributable to supplier is technically or reasonably not possible, supplier shall credit the amounts due from the client for the relevant computer service, without being liable further or otherwise to the client. Client shall have no other rights due to defects in the computer service than those described in this warranty scheme.

 

SERVICE PROVISION

 

The provisions stated in this chapter "Service Provision" apply, in addition to the General Provisions of these general terms and conditions, when the supplier provides services such as advising, feasibility studies, consultancy, training, courses, support, secondment, hosting, designing, developing, implementing or managing software, websites or information systems, and service provision related to networks. These provisions do not affect the provisions regarding specific services, such as computer services, software development, and maintenance, included in these general terms and conditions.

17. Execution

17.1 Supplier shall use its best efforts to perform the services with care, where applicable in accordance with the agreements and procedures documented in writing with the client. All services of the supplier are performed on a best efforts basis, unless and to the extent that the supplier has expressly committed to a result in the written agreement and the relevant result is also sufficiently specified. Any agreements regarding a service level are always explicitly agreed upon in writing.

17.2 If it has been agreed that the service provision will take place in stages, the supplier is entitled to postpone the start of the services belonging to a stage until the client has approved the results of the preceding stage in writing.

17.3 Only if this has been expressly agreed upon in writing, the supplier is obliged to follow timely and reasonable instructions from the client in the execution of the service provision. The supplier is not obliged to follow instructions that change or supplement the content or scope of the agreed service provision; however, if such instructions are followed, the relevant work will be compensated in accordance with article 18.

17.4 If an agreement for service provision has been concluded with a specific person in mind for execution, the supplier is always entitled to replace this person with one or more other persons with the same qualifications after consultation with the client.

17.5 In the absence of an expressly agreed invoicing schedule, all amounts relating to services provided by the supplier are due in advance once per calendar month.

18. Change and Additional Work

18.1 If the supplier has performed work or other services at the request or with the prior consent of the client that fall outside the content or scope of the agreed service provision, these work or services shall be reimbursed by the client according to the supplier's usual rates. Additional work also includes if a system analysis, design, or specifications are expanded or modified. The supplier is never obliged to comply with such a request and may require a separate written agreement for it.

18.2 Client accepts that through work or services as referred to in article 18.1, the agreed or expected completion time of the service provision, and the mutual responsibilities of client and supplier, may be affected. The fact that additional work arises (during the execution of the agreement) is never a ground for dissolution or termination of the agreement for the client.

18.3 Insofar as a fixed price has been agreed upon for the service provision, the supplier shall inform the client in writing in advance of the financial consequences of those additional work or services upon request.

19. Education, Courses, and Training

19.1 Where the supplier's services consist of providing education, courses, or training, the supplier may demand payment due in relation to this before its commencement. The consequences of cancellation of participation in education, courses, or training are governed by the supplier's customary rules.

19.2 If the number of registrations warrants it in the supplier's judgment, the supplier is entitled to combine the education, course, or training with one or more other educations, courses, or trainings, or to postpone them to a later date or time.

20. Secondment

20.1 Secondment, as referred to in these terms, occurs when the supplier makes an employee (hereinafter: the seconded employee) available to the client to perform tasks under the supervision and management or direction of the client.

20.2 The supplier endeavors to ensure that the seconded employee remains available throughout the duration of the agreement, notwithstanding the provisions of article 17.4 regarding replacement.

20.3 The client is entitled to request replacement of the seconded employee (i) if the seconded employee demonstrably fails to meet expressly agreed quality requirements and the client notifies the supplier of this in writing within three working days after the start of the activities, or (ii) in case of prolonged illness or termination of employment of the seconded employee. The supplier will promptly prioritize the request. The supplier does not guarantee that replacement is always possible. If replacement is not possible or immediate, the client's claims for further performance of the agreement as well as all claims of the client due to non-performance of the agreement lapse. The client's payment obligations regarding the performed activities remain in force.

20.4 The supplier is obliged to timely and fully remit the income tax and (advance) premiums for social insurances payable for the seconded employee in connection with the agreement. The supplier indemnifies the client against all legal claims of the tax authorities or social security institutions regarding taxes and social security premiums directly related to the secondment by the supplier of the seconded employee (the so-called hirer's liability), provided that the client leaves the settlement of the relevant claims entirely to the supplier, provides him with all cooperation, and provides him with all necessary information and, if desired by the supplier, process authorizations.

20.5 The supplier accepts no liability for the selection of the employee or for the results of activities carried out under the supervision and management or direction of the client.

Software Development

The provisions set forth in this chapter "Software Development" apply, in addition to the General Provisions of these general terms and conditions and the special provisions from the chapter "Service Provision," if the supplier develops software at the client's request and possibly installs it. The chapter "Use and Maintenance of Software" also applies to this software, except to the extent deviated from in this chapter. The rights and obligations referred to in this chapter exclusively concern computer software in a form readable by a data-processing machine and recorded on material readable by such a machine, as well as the accompanying documentation. Where software is mentioned in this chapter, websites are also meant.

21. Software Development

21.1 If specifications or a design of the software to be developed are not already provided to the supplier at the conclusion of the agreement, the parties shall specify in writing, in consultation, which software will be developed and how this will be done. The supplier shall carry out the development of the software with due care based on the data to be provided by the client, for the accuracy, completeness, and consistency of which the client is responsible. If the parties have agreed to use a development method characterized by prioritization to be determined during the execution of the agreement, the prioritization shall always be determined in consultation between the parties.

21.2 The supplier is entitled, but not obliged, to examine the accuracy, completeness, or consistency of the data, specifications, or designs provided to him and, upon discovering any deficiencies, to suspend the agreed work until the client has rectified the deficiencies.

21.3 Without prejudice to the provisions of article 6, the client only obtains the right to use the software in his own company or organization. Only if and to the extent expressly agreed in writing, the source code of the software and the technical documentation made during the development of the software can be made available to the client, in which case the client will be entitled to make changes to this software. If the supplier is legally obliged to make the source code and/or the technical documentation available to the client, the supplier may request a reasonable fee for this.

22. Delivery, Installation, and Acceptance

22.1 The supplier shall deliver and install the software to the client as much as possible in accordance with the written specifications, the latter only if installation to be performed by the supplier is agreed upon in writing. In the absence of explicit agreements in this regard, the client shall install the software himself, configure, parameterize, tune, and, if necessary, adjust the equipment and environment used. Unless expressly agreed otherwise, the supplier is not obliged to perform data conversion.

22.2 If an acceptance test is agreed upon, the test period shall be fourteen days after delivery or, if installation to be performed by the supplier is agreed upon in writing, after completion of the installation. During the test period, the client is not allowed to use the software for productive or operational purposes. The supplier may always demand, therefore also if this is not expressly agreed upon, that the client carries out a proper test of sufficient scope and depth with sufficiently qualified personnel on (intermediate) results of the development activities and that the test results are reported to the supplier in writing, clearly and comprehensibly.

22.3 The software shall be deemed accepted between the parties:

if no acceptance test has been agreed upon between the parties: upon delivery or, if installation to be performed by the supplier is agreed upon in writing, upon completion of the installation, or

if an acceptance test has been agreed upon between the parties: on the first day after the test period, or

if the supplier receives a test report as referred to in article 22.5 before the end of the test period: at the moment the errors mentioned in that test report in the sense of article 6.6 have been rectified, without prejudice to the presence of imperfections that, according to article 22.6, do not impede acceptance. Notwithstanding this, if the client makes any use of the software for productive or operational purposes before the moment of express acceptance, the software shall be deemed fully accepted from the start of that use.

22.4 If, during the agreed acceptance test, it appears that the software contains errors that impede the progress of the acceptance test, the client shall inform the supplier thereof in writing in detail, in which case the test period shall be interrupted until the software has been adjusted in such a way that the impediment has been removed.

22.5 If, during the agreed acceptance test, it appears that the software contains errors as referred to in article 6.6, the client shall inform the supplier of this in writing and in detail no later than on the last day of the test period. The supplier shall make reasonable efforts to rectify the said errors within a reasonable period, whereby the supplier

 

USE AND MAINTENANCE OF SOFTWARE

The provisions set forth in this chapter "Use and maintenance of software", in addition to the General Provisions of these general terms and conditions, apply to all software provided by the supplier. The rights and obligations referred to in this chapter exclusively concern computer software in a form readable by a data processing machine and recorded on material readable by such a machine, as well as related documentation, including any new versions to be provided by the supplier. Where reference is made in this chapter to software, this also includes websites.

23. Use Right

23.1 Notwithstanding the provisions of Article 6, the supplier grants the client a non-exclusive right to use the software. The client shall strictly adhere to the usage restrictions agreed upon between the parties. Subject to the other provisions of these general terms and conditions, the client's right of use shall exclusively include the right to load and execute the software.

23.2 The client may only use the software in its own business or organization on the processing unit and for a specific number or type of users or connections for which the right of use has been granted. In the absence of any other agreement, the client's processing unit on which the software is first used, and the number of connections connected to that processing unit at the time of first use shall be deemed the processing unit and number of connections for which the right of use has been granted. In the event of a malfunction of the intended processing unit, the software may be used on another processing unit for the duration of the malfunction. The right of use may extend to multiple processing units if expressly stated in the agreement.

23.3 The right of use is non-transferable. The client is not allowed to sell, rent, sublicense, alienate, or grant limited rights to the software and media on which it is recorded, or to make the software available to a third party in any way or for any purpose, or to provide access to the software to a third party, whether remotely or not, or to host the software with a third party, even if the respective third party uses the software solely for the client's benefit. The client shall not modify the software except for the purpose of correcting errors. The client shall not use the software for data processing on behalf of third parties ("time-sharing"). The source code of the software and the technical documentation produced during the development of the software shall not be made available to the client, even if the client is willing to pay a financial compensation for such provision. The client acknowledges that the source code is confidential and contains trade secrets of the supplier.

23.4 Immediately upon the termination of the right of use of the software, the client shall return all copies of the software in its possession to the supplier. If the parties have agreed that the client shall destroy the relevant copies at the end of the right of use, the client shall promptly notify the supplier of such destruction in writing.

24. Delivery, Installation, and Acceptance

24.1 The supplier shall deliver the software to the client on the agreed type and format of information carriers, and if installation by the supplier is agreed upon in writing, the supplier shall install the software at the client's premises. In the absence of explicit agreements in this regard, the client shall install, configure, parameterize, tune, and, if necessary, adapt the equipment and environment used therein. Unless expressly agreed otherwise, the supplier is not obliged to perform data conversion.

24.2 If an acceptance test is agreed upon in writing between the parties, the provisions of Articles 22.2 to 22.7 shall apply mutatis mutandis. If no acceptance test is agreed upon, the client accepts the software in the condition it is in at the time of delivery, including all visible and invisible faults and defects, without prejudice to the supplier's obligations under the warranty of Article 25. In all cases, the provisions of Article 22.8 shall apply without prejudice.

24.3 In the absence of an expressly agreed billing schedule, all amounts relating to the provision of software and the right to use the software shall be due upon delivery of the software or, if installation by the supplier is also agreed upon in such cases, upon completion of the installation.

25. Warranty

25.1 The supplier shall use its best efforts to rectify errors in the software within a reasonable period of time, as defined in Article 6.6, if such errors are reported to the supplier in writing in detail within a period of three months from delivery, or, if an acceptance test is agreed upon between the parties, within three months from acceptance. The supplier does not guarantee that the software will operate without interruption, errors, or other defects or that all errors and defects will be corrected. The rectification shall be carried out free of charge unless the software has been developed at the client's request other than for a fixed price, in which case the supplier shall charge the costs of rectification at its usual rates. The supplier may charge the costs of rectification at its usual rates if there are user errors or improper use by the client, other causes not attributable to the supplier, or if the errors could have been identified during the performance of the agreed acceptance test. Restoration of corrupted or lost data is not covered by the warranty. The warranty obligation shall lapse if the client makes or allows modifications to the software without the written consent of the supplier, which consent shall not be unreasonably withheld.

25.2 Error rectification shall be carried out at a location determined by the supplier. The supplier is entitled to implement temporary solutions, program detours, or problem-avoiding restrictions in the software.

25.3 The supplier has no obligation to rectify errors reported after the expiry of the warranty period referred to in Article 25.1, unless an maintenance agreement has been concluded between the parties which includes such an obligation to rectify.

26. Maintenance

26.1 If a maintenance agreement has been concluded for the software or if maintenance is included in the usage fee of the software, the client shall report identified errors in the software to the supplier in accordance with the supplier's usual procedures. Upon receipt of the notification, the supplier will use its best efforts to correct errors as defined in Article 6.6 and/or make improvements in subsequent new versions of the software. Depending on the urgency, the results will be made available to the client by the supplier in the manner and within the timeframe determined by the supplier. The supplier is entitled to implement temporary solutions, program detours, or problem-avoiding restrictions in the software. In the absence of express agreements regarding this matter, the client shall install, configure, parameterize, tune, and, if necessary, adjust the equipment and environment used for the corrected software or the provided new version themselves. Unless expressly agreed otherwise, the supplier is not obliged to perform data conversion.

26.2 The supplier does not guarantee that the software will operate without interruption, errors, or other defects, or that all errors or other defects will be corrected.

26.3 The supplier may charge the costs of repair at its usual rates if there are user errors or improper use, or other causes not attributable to the supplier, or if the software has been modified by parties other than the supplier. Repair of mutilated or lost data is not included in maintenance.

26.4 If a maintenance agreement is concluded, the supplier will provide improved versions of the software to the client. Three months after making an improved version available, the supplier is no longer obliged to correct any errors in the old version or to provide support for an old version. For providing a version with new features and functionalities, the supplier may require the client to enter into a new agreement and pay a new fee for the provision.

26.5 If the client has not entered into a maintenance agreement with the supplier simultaneously with the agreement to provide the software, the supplier cannot be obliged to enter into a maintenance agreement at a later time.

26.6 In the absence of an expressly agreed billing schedule, all amounts related to software maintenance are due before the start of the maintenance period.

27. Software from a Supplier

27.1 If and to the extent that the supplier provides third-party software to the client, the terms of those third parties shall apply to that software, provided that this has been communicated to the client in writing by the supplier. The client accepts the terms of these third parties. These terms are available for the client to inspect at the supplier's premises, and the supplier will provide these terms to the client free of charge upon request. If and to the extent that the terms of these third parties are deemed not to apply or are declared inapplicable for any reason in the relationship between the client and the supplier, the provisions of these general terms and conditions shall apply without prejudice.

 

WEB DESIGN / WEB DEVELOPMENT

The provisions mentioned in this chapter "Web Design / Web Development" are applicable, in addition to the General Provisions of these general terms and conditions, if the supplier provides services in the field of web design / web development, including the creation, redesign, development, and redevelopment of websites and web applications.

28. Financial

28.1 Supplier web design packages include design and development (see package variations). If applicable, free website hosting and support for the first 12 months (only for Custom Made websites) (in accordance with Article 33.15) begins when the client's website is "live." A domain name can be registered by the supplier or provided by the client. If the client already owns a domain name, the supplier can arrange for a free DNS transfer. The supplier will also set up email accounts for the client, if necessary (see package variations).

28.2 Payments for the website lease packages must be made by the client for the first 3 months prior to the commencement of services. Subsequent payments must be credited to the supplier's account by the last day of the payment term (see 2). One-time costs (if applicable) must be paid 50% immediately, with the remaining 50% due before the completed website is launched online (or as agreed in the order). The duration of the website lease agreement is 36 months (or as agreed in the assignment), and after these 36 months, it will automatically renew for successive periods of three months at the rates applicable at that time.

28.3 Custom Made and other web design packages require 50% to be paid in advance by the client prior to commencement. Upon approval of the web design, 40% must be paid, and upon completion of the website, all remaining outstanding amounts must be paid. All outstanding items must be settled before the website goes "live."

28.4 All outstanding client balances with the supplier must be settled before the supplier provides login details to the client.

28.5 The supplier reserves the right to change the prices of invoices or services at any time. All prices for the prepayment period are guaranteed.

28.6 Failure by the client to make payments may result in the suspension of your website and email services (see 2).

28.7 You will be automatically reconnected within 48 hours if you pay the outstanding invoices, including reactivation fees. LoginSecure will charge a reactivation fee of €50.

28.8 Additional extras such as graphic design, layout changes, extra Joomla plug-ins, additional functionality, articles, etc., must be fully paid for by the client prior to commencement of work.

29. Cancellation & Refunds

29.1 All deposits received are non-refundable.

29.2 Cancellation by the client of any service from the supplier, regardless of the stage of design or production of the project, must be done in writing via email. Any remaining amounts will remain due, regardless of the design or production stage of the project.

29.3 Failure to pay all outstanding amounts will result in the case being transferred to a collection agency for the full payment of the amount due, including additional costs.

29.4 Payments for hosting and support packages for the subsequent 12 months are non-refundable.

29.5 The supplier does not allow refunds for server, service, or software interruptions.

 

30. General

30.1 Despite the supplier's efforts to complete each project on time or prior to the specified deadline, the supplier cannot be held liable for delays in the design or development of a website design package.

30.2 Supplier reserves the right to suspend or cancel client access to all services provided by supplier to client.

30.3 Individual accounts are for the intended use of the account holder only.

30.4 Supplier does not allow any of the following content to be stored on supplier's servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of federal, state, or local law or regulation anywhere in the world. (b) Erotic material, including pornography, erotic photos, or otherwise indecent or obscene content of any type. What constitutes "adult material" is entirely at the discretion of supplier, including illegal software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc. material or encrypting any of the above. This also applies to sites with links to "how to" information on such material.

30.5 Unless otherwise agreed, all websites will include a discreetly placed "Powered by LoginSecure" or similar hyperlink to the supplier's website.

30.6 Supplier does not manage the interaction between your website and its visitors.

30.7 For security reasons, no DirectAdmin, Cpanel, PLESK, and FTP access will be provided to any client of supplier.

30.8 Supplier develops all websites on the latest stable Joomla version. Supplier is not responsible for the installation of future Joomla versions. All requests for installing and updating Joomla versions will be charged at our normal hourly rate.

30.9 Supplier does not provide "Top Level" better known as "Super Users" administrator access to any Joomla website project.

31. Website Design

31.1 All variations in web design packages can be found at www.loginsecure.eu.

31.2 Websites delivered by supplier are managed by the client themselves, and supplier is not responsible for any copies, edits, or updates to client's website content.

31.3 After "approval" of a website design concept, all additional changes beyond that point will be subject to additional design fees.

31.4 Except for the Custom Made package, websites will be delivered with the specifications displayed on www.loginsecure.eu in the package price. Provided it is delivered within 4 weeks of the client's order or when the website is ready (whichever is earlier).

31.5 Website images must be provided by the client. For a small fee, images can be purchased from the supplier's image library. Alternatively, images can be obtained from external image library websites or can be searched for on behalf of the client. Our normal hourly rate will be charged for this, plus the costs for the images.

31.6 A website will only go "live" after full payment is received or the agreed lease rate is paid in advance.

31.7 If the client simultaneously purchases "logo design" services and any of the website packages, the supplier will first design/develop the logo before starting the website design/development.

31.8 E-commerce websites are developed and delivered with a standard e-commerce configuration and layout. This includes product pages, checkout pages, and basic shipping configuration. Any variations or modifications to these layouts will be charged to the client.

32. Modular Structure

32.1 Website modules purchased beforehand or afterward will be installed on the client's website at a basic level by supplier. Supplier ensures that the module is functional. Except for modules where it is essential for the client to input certain data to which the supplier has no rights.

32.2 Further configuration of modules beyond setting up the basic level will be charged to the client.

32.3 After the basic installation and any customization of a module, an optional monthly support fee will apply to the agreed rate of supplier, payable from the day access is provided by supplier.

32.4 If a client chooses not to pay for module support, all questions, changes, updates, modifications, or similar will be considered a paid service of the supplier and will be charged in blocks of a minimum of 30 minutes.

32.5   Installing updated versions of any module is subject to a minimum of supplier's normal hourly rate plus any additional time/costs spent on reconfiguration, customization, and testing.

33. Hosting en ondersteuning.

33.1 Unless otherwise agreed, websites will be hosted by the supplier.

33.2 Clients wishing to use alternative hosting must confirm that such hosting is suitable for the website built by the supplier. The supplier is not responsible for problems, damages, consequential damages, third-party claims, that may arise from this.

33.3 The supplier cannot provide a 100% guarantee that there will be no hosting interruptions or downtime from the hosting provider. The supplier will attempt to keep the client informed of all planned updates and maintenance.

33.4 If the supplier does not host the website for the client, then the supplier will create a package (after all claims have been met) with all files necessary for upload to the alternative host. Installation will then be done by the client themselves or by the alternative hosting provider.

33.5 The supplier is not responsible for the installation of a website with an alternative hosting provider.

33.6 The supplier cannot provide support for a website not hosted by the supplier themselves.

33.7 The supplier offers 12 months of free hosting and support (in accordance with article 33.15) upon purchase of a website package (excluding support for website modules).

33.8 See: "Modular Structure" for the general provisions regarding support for website modules.

33.9 Hosting and support begins on the day the supplier starts developing the client's website.

33.10 All payments for hosting and support are non-refundable.

33.11 The supplier provides support during office hours to all clients via www.loginsecure.eu. All questions or comments must be made via the ticket system. The helpdesk provides a wide range of manuals, videos, tutorials, and frequently asked questions to assist the client with their website. In most cases, the answer can be found within the information of the helpdesk. The supplier advises all clients to review this information before submitting a ticket. Tickets will be answered during normal office hours CET.

33.12 Payment for all subsequent 12-month hosting and support periods will be made in the last month of the previous period to the supplier. The supplier will deliver the invoice to the client in advance. In case of non-payment, article 28.6 applies.

33.13 The client agrees that it is not the responsibility of the supplier to provide knowledge or support beyond the defined service of the supplier's website packages.

33.14 Telephone and email support are not supported by the supplier. The supplier reserves the right to make exceptions to this.

33.15 All forms of support are subject to 'fair use' time limitations of 1 hour per month. Support time includes any form of communication and also time spent on research, development, installation, customization, testing, and design. Additional support time will be tracked and charged at our current hourly rate.

33.16 In exceptional circumstances, if 'DirectAdmin' or 'CPanel' or 'PLESK' or 'FTP' access is given to a client, then the supplier can only provide 'basic' (non-technical) CMS support for that website. The supplier cannot be held liable for errors, loss, or destruction of data or similar as a result of 'DirectAdmin', 'CPanel', 'PLESK', or 'FTP' access. A client's request for website restoration (if possible) by the supplier will be subject to a formal quote.

33.a Hosting of a website developed by third parties

33.a1 LoginSecure will provide hosting services on a separate Virtual Private Server (VPS) exclusively accessible to the client.

33.a2 Responsibilities of the client: The client is responsible for all additional tasks required on the VPS. This includes but is not limited to configuration changes, software updates, and security measures.

33.a3 Helpdesk requests: All requests from the client to LoginSecure's helpdesk will be charged. The time spent handling these requests will be invoiced to the client at the prevailing hourly rate.

33.a4 Invoicing: The costs for additional tasks on the VPS and helpdesk requests will be invoiced to the client according to the current rates .

34. Domain Registration

34.1 The supplier cannot guarantee that a requested domain name is available.

34.2 If a web design package offers a free domain name, this only applies to a domain name that is directly available (freely available). If the domain name is occupied, the supplier can start negotiations with the current owner of the domain name after confirmation from the client. Costs arising from this are to be paid by the client.

34.3 Domain names will at all times be the property of the client. With exceptions for specific actions. This will be clearly communicated in the aforementioned actions.

35. Transfer

35.1 Websites created by the supplier cannot be transferred to third-party servers except when agreed upon. A transfer will only be initiated after the client has settled all outstanding invoices with the supplier. See section 33.4. If you wish to have the installation on a third-party server performed by the supplier, a fee of €450 will be charged for this.

35.2 The supplier is not responsible for disruptions in the client's website or email traffic during the transfer process.

35.3 The supplier does not provide support for websites that are not hosted by the supplier itself.

35.4 The supplier cannot transfer your current email data. The client must take care of this themselves.

EXTENSIONS

36. Purchasing Extension(s)

36.1 When you purchase an extension, you will receive full access to the latest version of the extension and updates, as well as premium support for one year. By purchasing an extension, you agree that: 

All GPL extensions from LoginSecure are released as Open Source GNU GPL v2.0 licensed versions, and as such, there are no other restrictions or conditions other than those stated in the GNU GPL v2.0 license.

There is no warranty or any form of liability on the part of LoginSecure.

LoginSecure reserves the right to offer discounts or permanent price changes at any time without prior notice.

36.2 One year after purchasing an extension, you can still use the extension unlimitedly. You can continue to install the latest version you downloaded from our website on any website. However, you will no longer receive extension updates or premium support unless you renew your subscription.

36.3 Although the number of downloads is not limited, an extension purchase, for example, cannot be shared among multiple simultaneous downloads by the account that purchased the extension. Sharing or other methods that allow multiple simultaneous downloads (and thus affect the performance of this website) are strictly prohibited and may result in the termination of support and updates provided with your purchase.

37. Renewal Guarantee

37.1 LoginSecure products are provided 'as is,' without any warranty, express or implied. In no event shall the legal entity of LoginSecure be liable for any damages, including, but not limited to, direct, indirect, special, incidental, or consequential damages or other losses arising out of the use of or inability to use LoginSecure products.

37.2 We cannot guarantee that our products or services will work with all external Joomla! Extensions because there is currently no certification process for such extensions. All products are designed for the latest version of Joomla! 3, 4, 5 (unless otherwise stated), but we cannot guarantee that the products will work with future versions of Joomla!

37.3 Although we do not have control over all sites or customers purchasing an extension, we do not support or allow the use of our products or services on adult or gambling sites or sites with illegal content.

38. Extension Support

38.1 Customers who have purchased an extension can access and request support on the LoginSecure support forum for the purchased extension(s) for one year after purchase. After one year from the purchase of the extension, the right to request support on the forum expires. Users who download and use our free extensions or free versions of our extensions are not entitled to support from LoginSecure. Access to the forum can be obtained by renewing their current subscription. Further support to users of the free versions is provided on a voluntary basis.

38.2 LoginSecure reserves the right to limit or cancel support in the following situations:unreasonable behavior from the customer; such as foul language, racism, etc. persistent/recurring (server) problems that are not (or could not) be resolved by LoginSecure the customer is unhelpful in providing additional details about the issues raised

39. Termination

39.1 We reserve the right to terminate your access to one or all of our products and services at any time, without notice, for any reason, including but not limited to, violation of these Terms and Conditions. We may also, at any time, in our sole discretion, discontinue the products, website, or services or any part thereof without prior notice, and you agree that we shall not be liable to you or any third party for any termination of your access to the products, website, or services.

40. Copyright and Ownership

40.1 The customer may not claim intellectual or exclusive ownership of any LoginSecure products, modified or unmodified. All products are and remain the property of LoginSecure, except where ownership clearly lies with other parties (such as for third-party libraries). LoginSecure respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us about this.

41. Software License: GNU/GPL V2

41.1 LoginSecure extensions are licensed under the terms of the GNU General Public License v2.0 (read the full details here http://www.gnu.org/licenses/old-licenses/gpl-2.0.html). You are authorized to make any necessary modifications to the products to suit your needs. Redistribution of the original or a modified version must always be done in accordance with the GNU GPL license. In this case, you may also not modify or remove the copyright information in the header of the XML descriptor file or the PHP file. Please contact us if you have requirements that do not fall under these terms.

42. Additional Terms according to Section 2 of GNU/GPL V2

42.1 These additional terms refer to LoginSecure and its software/applications/programs/extensions (hereinafter referred to as Extensions) and any updates of Extensions.

42.2 "LoginSecure" and all extension names (non-generic) are trademarks of LoginSecure. Licensing the extensions under the GPL does not imply a trademark license. Therefore, all rights, titles, and interests in our trademarks remain fully with LoginSecure.

42.3 Except as expressly provided herein, no trademark rights are granted to trademarks of LoginSecure. Licensees are granted a limited, non-exclusive right to use the LoginSecure logo in connection with unmodified copies of the extensions.

42.4 If the licensee distributes modified copies of the extensions, he must: 

Replace/remove all terms, images, and files containing the term "LoginSecure," any of the extension names, and LoginSecure logos. 

Remove any code that causes a connection to or a load on servers managed by LoginSecure.

The term "LoginSecure" and all extension names must be removed from all visual outputs (front-end and back-end).

Copyright notices in the source code files may not be removed and must be left fully intact.

42.5 Additionally, licensees modifying the extensions must give the modified extensions a new name that does not closely resemble the original name and may not distribute them under the name "LoginSecure."

The name "LoginSecure" or any of the extension names may not be used to endorse or promote products derived from the original name without prior written permission from LoginSecure.

42.6 If any provision of this agreement is found to be unenforceable, this does not release you from the terms of this license. If the licensee cannot distribute to simultaneously meet his obligations under this license and other relevant obligations, he may consequently not distribute the extensions at all.

43. Trademarks and Copyrights

43.1 The design of your website is subject to copyright and is made available by the supplier for use by the client. The client has no right to sell, reproduce, or copy the design of this website without the express written permission of the supplier.

43.2 The customer warrants that they have the right to use any applicable trademarks on their website.

 

For more information:

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