This translation is provided for information only. Only the Dutch version is legally binding.
General Terms and Conditions of WebOké
Version October 2026, valid from 1 November 2026
Article 1. Definitions
1.1. In these general terms and conditions, the following capitalised terms have the meanings set out below, unless indicated otherwise or unless the context indicates otherwise:
Account: The Customer's account in My WebOké (https://mijn.weboke.nl);
Consumer: The Customer who is a natural person not acting in the course of their profession or business;
Service: The service that WebOké provides to the Customer under the Agreement and the (online) software that is made available to the Customer under the Agreement;
Customer: The legal entity or natural person who has entered into or wishes to enter into an Agreement with WebOké;
Agreement: The agreement between WebOké and the Customer;
In Writing: In writing or by e-mail;
WebOké: The user of these general terms and conditions: WebaWere Internet Solutions B.V. trading under the name "WebOké", having its registered office at Hoogstraat 13, Abcoude, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under KvK number 24366368;
Website: The Customer's website to which the Agreement relates.
1.2. Unless the context indicates otherwise, defined terms in the singular also refer to the plural.
Article 2. General
2.1. These general terms and conditions apply to all Agreements between the Customer and WebOké, to all Services and to all work that WebOké carries out on the instructions of the Customer.
2.2. Once these general terms and conditions have applied to a legal relationship between WebOké and the Customer, the Customer is deemed to have agreed in advance to the applicability of these general terms and conditions to Agreements concluded and to be concluded thereafter.
2.3. Any purchasing or other terms and conditions of the Customer do not apply to the Agreement or to any other legal relationship between the Customer and WebOké.
2.4. Deviations from these general terms and conditions can only be agreed In Writing.
2.5. If one or more provisions of these general terms and conditions are null and void or are annulled, the remaining provisions of these general terms and conditions remain fully applicable. The void or annulled provisions will be replaced by WebOké, observing as far as possible the purpose and intent of the original provision(s).
2.6. If WebOké does not always require strict compliance with these general terms and conditions, this does not mean that these general terms and conditions do not apply or that WebOké would lose the right to require strict compliance with these general terms and conditions in future cases, whether or not similar.
2.7. WebOké has the right to amend these general terms and conditions and to declare the new general terms and conditions applicable to the existing Agreement. The Customer will be notified In Writing at least 30 days before the new general terms and conditions take effect, and of the date on which they take effect. If the new general terms and conditions are declared applicable to the Agreement with a Consumer and the new general terms and conditions are less favourable to the Consumer, the Consumer has the right to terminate the Agreement (before the end of its term) with effect from the day on which the new general terms and conditions take effect.
Article 3. Offer
3.1. Every offer made by WebOké is without obligation.
3.2. Stated prices and rates do not automatically apply to future Agreements.
3.3. WebOké cannot be held to the offer on its website if there is an error or a clerical mistake on WebOké's website.
Article 4. Formation of the Agreement
4.1. The Agreement is formed at the moment that:
- a. The Customer has successfully placed an order via WebOké's website;
- b. The Customer purchases an additional Service through their Account;
- c. WebOké, on behalf of the Customer, processes the purchase of a Service in WebOké's system.
4.2. Once the Agreement has been formed, a confirmation is sent to the Customer by e-mail.
Article 5. Performance of the Agreement
5.1. WebOké will make every effort to perform the Agreement with due care.
5.2. WebOké has the right to engage one or more third parties and to purchase services from third parties in performing the Agreement.
5.3. WebOké will make every effort to achieve uninterrupted availability of the Service, but gives no guarantees in this respect.
Article 6. Term and renewal of the Agreement
6.1. The Agreement is entered into for a fixed term, with the exception of the website migration Service. The website migration service is a one-off Service.
6.2. The Agreement for a fixed term is entered into, at the Customer's choice, for 3 months, 6 months, 1 year or 3 years, with the exception of the domain name registration Service, see article 6.3.
6.3. The Agreement for domain name registration is entered into for a fixed term of 1 year.
6.4. Before the term of the Agreement expires, the invoice for the renewal of the Agreement is sent to the Customer. The Agreement is renewed for the period for which the Agreement was entered into after WebOké has received the Customer's payment for the renewal of the Agreement. Payment by the Customer of the invoice for the renewal of the Agreement is regarded as the Customer's consent to the renewal of the Agreement for the period for which the Agreement was entered into.
6.5. If the Customer does not pay the invoice for the renewal of the Agreement, the Agreement ends. After the end of the Agreement, the Customer is responsible for moving their Website to another party.
Article 7. Account
7.1. After the Customer has created an Account, WebOké sends a confirmation of this by e-mail.
7.2. The Customer is at all times responsible for their Account and login details. The Customer must carefully keep their login details to themselves. WebOké is not liable if an unauthorised third party uses the Customer's login details.
7.3. If the Customer discovers that a third party is making unauthorised use of their Account, the Customer must:
- a. Notify WebOké of this without delay;
- b. Change their password.
7.4. If the Customer has forgotten their password, the Customer can submit a request to reset their password via WebOké's website. An e-mail is then sent to the Customer with which they can reset their password.
7.5. Through their Account, the Customer can view and change their own details and purchase additional Services.
7.6. The Customer can close their Account themselves, provided that the Customer no longer purchases any Services from WebOké.
7.7. An Account without active Services is automatically deleted after 1 year. The Customer receives an e-mail 30 days before the deletion. Logging in or other activity in the Account keeps the Account in existence. Data that WebOké is required by law to retain, such as invoices, remain stored as described in the privacy statement.
Article 8. Obligations of the Customer and misuse of the Website
8.1. The Customer guarantees the accuracy, completeness and reliability of the data they provide, even if these originate from third parties.
8.2. If the performance of the Agreement is delayed by an act and/or omission of the Customer, the Customer will be notified of this.
8.3. In using the Service, the Customer will not infringe any rights of third parties, will not behave indecently or contrary to public morality or public order, and will not act in breach of statutory provisions. In particular, the Customer will:
- a. Respect the rights of third parties, such as copyrights, trade name rights, privacy rights and portrait rights;
- b. Not distribute data in breach of statutory provisions;
- c. Not use the Service for criminal activities or use the Service to incite third parties to criminal activities;
- d. Not knowingly distribute viruses or other malicious software;
- e. Ensure that the Website does not contain any content that may cause harm to others or may be offensive or discriminatory towards others, such as insulting, defamatory, aggressive, inflammatory, hateful or pornographic expressions, unless it has been agreed In Writing with WebOké that such an expression is permitted.
8.4. If, in WebOké's opinion, the Customer acts in breach of the obligations set out in this article or otherwise makes improper use of the Service, WebOké is entitled to discontinue the Service with immediate effect, without WebOké being obliged to pay any compensation. The Customer will be informed of this In Writing.
8.5. If WebOké discovers or suspects that the Website is being misused or that the Website has been hacked, WebOké has the right to take the Website offline without notifying the Customer in advance. If WebOké has taken the Website offline for one of the reasons described in this article, WebOké will inform the Customer of this as soon as possible and will advise the Customer on the measures to be taken. The Customer is responsible for taking these measures in good time. WebOké is not liable for any damage that the Customer suffers as a result of the Website being taken offline, hacker activities or misuse made of the Website.
8.6. The Customer indemnifies WebOké against claims by third parties, on whatever grounds, in connection with acts and conduct of the Customer (including acts and conduct that are contrary to the provisions of these general terms and conditions) and their data traffic.
8.7. If the Customer fails to fulfil, fails to fulfil in time or fails to fulfil properly their contractual obligations or their obligations arising from the law, or acts unlawfully towards WebOké, the Customer must compensate all damage (including costs and working time) that WebOké suffers or has suffered as a result.
Article 9. Website migration service
9.1. If the Customer purchases the website migration Service, WebOké sends the Customer an e-mail listing all the information that the Customer must provide and that WebOké needs in order to migrate the Website.
9.2. The Customer must ensure that the Website is up to date, so that WebOké can migrate the Website without problems.
9.3. If the Customer has not complied with the provisions of article 9.2 and WebOké considers it likely that migrating the Website will lead to problems because the Website is outdated/not up to date, WebOké has the right to cancel the Agreement for the purchase of the website migration service, and the Agreement for the purchase of hosting for the outdated Website will also be cancelled. If, in such a case, the Customer also purchases the domain name registration Service for the outdated Website, the fee for the first year of the domain name registration remains payable, unless WebOké has not yet applied for the domain name.
Article 10. SSL certificate
10.1. WebOké does not itself issue SSL certificates. An SSL certificate is issued by a certificate authority. If an SSL certificate application that WebOké has submitted for the Customer is not granted, or if an SSL certificate is revoked by a certificate authority, WebOké is not responsible for this and WebOké is not liable for the consequences.
10.2. The Customer must comply with the terms and conditions of the certificate authority.
Article 11. Domain name registration
11.1. If the Customer purchases domain name registration, WebOké applies for a domain name in the name of the Customer on the Customer's instructions, unless the Customer has opted for an anonymous registration. If the Customer has opted for an anonymous registration, WebOké applies for a domain name in its own name and for the account and risk of the Customer.
11.2. The applicable rules and procedures of the relevant registration authority apply to the application for and use of the domain name. WebOké is not responsible for the application for the domain name being granted. If the application for the domain name desired by the Customer is not granted, for example because a third party has previously applied for and/or obtained the domain name, WebOké is not liable for this.
11.3. Domain registration takes place per year and cannot be changed.
11.4. Changing the domain registration counts as a new domain registration.
11.5. When using the domain name, the Customer must observe all laws and regulations and all conditions set by the registration authority. The use of the domain name is entirely the responsibility of the Customer.
11.6. WebOké is never liable for damage arising from the use of the domain name.
Article 12. Cloud services
12.1. If the Service (also) consists of providing online storage and/or synchronisation services, such as Nextcloud, the provisions of this article also apply.
12.2. The Customer is responsible for the content of the stored data. The provisions of article 8 apply in full.
12.3. The Customer is responsible for making backups of stored data. WebOké makes backups solely for its own continuity purposes and cannot guarantee that these backups are available for restoration on behalf of the Customer.
12.4. If the Customer shares files or folders with third parties, the Customer is fully responsible for the consequences of this, including unauthorised access by third parties.
12.5. WebOké does not access stored data, unless this is necessary for technical support or WebOké is required to do so by law.
12.6. WebOké takes appropriate technical and organisational security measures in accordance with the provisions of the data processing agreement. WebOké does not guarantee that the security is effective in all circumstances.
12.7. Upon termination of the Agreement, the Customer must make a copy of the stored data in good time. After termination, WebOké is entitled to delete all data without providing the Customer with a copy.
12.8. WebOké is not liable for loss of, damage to or inaccessibility of stored data, except in the event of intent or gross negligence on the part of WebOké.
Article 13. Change of rates
13.1. WebOké has the right to adjust its rates annually, for example on the basis of inflation. The Customer will be notified In Writing at least 30 days before a change of rates takes effect, and of the date on which it takes effect.
13.2. If a rate increase is declared applicable to an ongoing Agreement with a Consumer, the Consumer has the right to terminate the Agreement before the end of its term with effect from the day on which the rate increase takes effect.
Article 14. Invoicing and payment
14.1. Invoicing takes place in advance.
14.2. Invoices are sent to the Customer by e-mail.
14.3. Payments must be made within 35 days of the invoice date.
14.4. If the Customer does not pay on time, WebOké has the right to suspend the performance of the Agreement until the Customer has paid all due invoices in full. The Customer will be notified of such a suspension by means of a written notice. WebOké is not liable for any damage that the Customer suffers as a result of such a suspension.
14.5. If the Customer fails to pay an invoice on time, the Customer is in default by operation of law. The Customer then owes interest of 2% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest is owed. The interest on the amount due will be calculated from the moment the Customer is in default until the moment of payment of the full amount owed. From the moment the Consumer is in default, the Consumer owes the statutory interest for consumer transactions. In addition, all costs of collection, both judicial and extrajudicial, after the Customer is in default, are borne by the Customer. The compensation for extrajudicial collection costs is set at at least 15% of the principal sum owed, with a minimum of € 150,-. For the Consumer, the extrajudicial collection costs are determined in accordance with the Dutch Collection Costs Act (Wet Incassokosten).
14.6. Payments made by the Customer serve first to settle interest and costs owed and then the due invoices that have been outstanding the longest, even if the Customer indicates a different order of allocation.
Article 15. Suspension and dissolution of the Agreement
15.1. WebOké is entitled to suspend the performance of the Agreement or to dissolve the Agreement by means of a written notice if:
- a. The Customer does not fulfil, or does not fully fulfil, the obligations under the Agreement or these general terms and conditions;
- b. Circumstances that have come to WebOké's attention after the conclusion of the Agreement give good reason to fear that the Customer will not fulfil the obligations;
- c. The Customer has been granted a suspension of payments;
- d. The Customer has been declared bankrupt or a petition for the Customer's bankruptcy has been filed;
- e. The Customer's business is liquidated or discontinued other than for the purpose of a takeover or merger of businesses.
15.2. Furthermore, WebOké is entitled to dissolve the Agreement if circumstances arise that are of such a nature that performance of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged continuation of the Agreement cannot reasonably be expected.
15.3. If WebOké proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way as a result.
15.4. If the Agreement is dissolved, WebOké's claims against the Customer become immediately due and payable. If WebOké suspends the fulfilment of its obligations, it retains its claims under the law and the Agreement.
15.5. WebOké always has the right to claim from the Customer the damage that WebOké suffers or has suffered because the Agreement is suspended or dissolved in accordance with this article.
Article 16. Liability and limitation period
16.1. WebOké cannot be held liable to compensate any damage that is a direct or indirect consequence of:
- a. An event that is in fact beyond its control and therefore cannot be attributed to its acts and/or omissions, as described, among other places, in article 17 of these general terms and conditions;
- b. Any act or omission of the Customer, the Customer's subordinates, or other persons employed by or on behalf of the Customer.
16.2. The Customer is in all circumstances responsible for the accuracy and completeness of the data they supply. WebOké is never liable for any damage that is (partly) caused because the data supplied by the Customer are incorrect and/or incomplete. The Customer indemnifies WebOké against all claims in this respect.
16.3. WebOké is not liable for the functioning of (online) services, software, systems and products of third parties.
16.4. WebOké is never liable for any damage of whatever nature suffered by the Customer in connection with the (non-)functioning of a system, service or (internet) connection of the Customer.
16.5. WebOké is not liable for damage caused by hackers or a cyberattack, such as, but certainly not limited to, loss of turnover because the Website is offline or does not function properly.
16.6. WebOké does not guarantee that the Website or the Service will work without interruptions or without errors. WebOké is not liable for damage, including loss of turnover, arising from the Website being temporarily unavailable or the Website being offline.
16.7. WebOké is never liable for damage or costs resulting from misuse of the Customer's login details or of the Account.
16.8. WebOké is not liable for the errors of third parties engaged for the performance of the Agreement. The applicability of article 6:76 of the Dutch Civil Code (Burgerlijk Wetboek, BW) is expressly excluded.
16.9. Advice is given by WebOké to the best of its knowledge and in good faith, but WebOké accepts no liability whatsoever for damage arising directly or indirectly from the content of the advice it has given. The Customer is responsible for the decisions they make, whether or not in response to advice from WebOké. This also applies to answers and suggestions from the AI assistant.
16.10. Any liability of WebOké for consequential damage is excluded. In this context, consequential damage includes in any event: loss of profit, missed savings, loss of turnover, costs incurred to prevent or establish consequential damage, damage due to delay, business interruption, reputational damage, data loss, labour costs and fines imposed.
16.11. If WebOké should be liable for any damage, or if a court declares an above-mentioned limitation of liability inapplicable, WebOké's liability is limited to the invoice value of the part of the Agreement to which the liability relates. If the liability relates to an Agreement for a fixed term, the amount referred to above is set at the invoice value of the Agreement over the last 2 months.
16.12. WebOké only becomes liable if the Customer promptly and properly gives WebOké notice of default In Writing, setting a reasonable period for remedying the shortcoming, and WebOké still attributably fails to fulfil its obligations after that period. The notice of default must contain as detailed a description of the shortcoming as possible, so that WebOké is able to respond adequately. The Customer must at all times give WebOké the opportunity to carry out repair work and to limit or undo damage.
16.13. Any legal claim on account of a defect in the performance of the Agreement becomes time-barred after 1 year from the moment the Customer discovered or could reasonably have discovered the damage.
Article 17. Force majeure
17.1. WebOké is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure on the part of WebOké exists, among other things, if WebOké is prevented from fulfilling its obligations under the Agreement or the preparation thereof as a result of: internet disruption, cyberattack, power failure, disruption of e-mail traffic, extreme weather conditions, natural disasters, traffic disruption, strikes, war, terrorism, theft, fire, epidemics, pandemic, government measures, illness or personal (family) circumstances of the natural person who performs or is to perform the Agreement on behalf of WebOké, errors in software, websites or (online) services of third parties, a shortcoming of a third party engaged by WebOké, and changes in laws and regulations.
17.2. WebOké also has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after WebOké should have fulfilled its obligations.
17.3. If WebOké establishes a force majeure situation as a result of which WebOké cannot (partly) perform the Agreement, WebOké will inform the Customer of this as soon as possible, and WebOké and the Customer will consult with each other to reach a solution.
Article 18. Intellectual property rights
18.1. The intellectual property rights to the (online) software made available are held by a third party. The scope of the licence for this (online) software is determined by the (terms of use and/or licence) terms of the (online) software concerned. The Customer must at all times respect the intellectual property rights vested in this (online) software.
Article 19. Personal data
19.1. WebOké processes personal data for its own purposes in accordance with the General Data Protection Regulation (Algemene Verordening Gegevensbescherming, AVG). For more information about the processing of personal data, the Customer can consult WebOké's privacy statement, see https://www.weboke.nl/privacyverklaring.
19.2. If WebOké processes personal data on the instructions of the Customer, the Data Processing Agreement in Annex 1 applies. By accepting these General Terms and Conditions, the Customer also accepts the Data Processing Agreement.
19.3. Use of the AI assistant is optional. Annex 2 applies to the use of the AI assistant. Annex 2 applies as soon as the owner of the Account gives consent in the AI assistant.
Article 20. Expiry period
20.1. Unless otherwise provided in these general terms and conditions, rights of claim of the Customer against WebOké on whatever grounds in connection with the Agreement lapse in any event 1 year after the moment at which the Customer became aware or could reasonably have been aware of the existence of these rights.
Article 21. Transfer of contract and cessation of business activities
21.1. If WebOké (partly) transfers its business or transfers its legal relationship arising from the Agreement, the Customer, by entering into the Agreement, gives advance consent to the takeover of the Agreement by the party that (partly) takes over the business from WebOké or that takes over the legal relationship, as the case may be, and the Customer is obliged to cooperate with this transfer of contract as follows from article 6:159 BW.
21.2. If WebOké ceases its business or the business activities to which the Agreement relates and no transfer as described in article 21.1 takes place, WebOké will terminate the Agreement (before the end of its term) subject to a notice period of at least 3 months. If WebOké terminates the Agreement, all data relevant to the Customer will be provided to the Customer so that the Customer can move the services to a third party, and WebOké will cooperate in moving the Website to a third party.
21.3. WebOké is not liable for any damage that the Customer suffers because WebOké (partly) ceases its business activities.
21.4. The Customer is not permitted to transfer any right under an Agreement concluded with WebOké to a third party without the prior consent of WebOké, other than upon the transfer of their entire business.
Article 22. Complaints
22.1. The Customer must report complaints about the Service to WebOké as soon as possible after discovery.
22.2. The Customer must give WebOké the opportunity to investigate a complaint and to carry out repair work within a reasonable period.
22.3. Repair work carried out by a third party or by the Customer without WebOké's consent will never be reimbursed and does not entitle the Customer to suspend payment.
22.4. WebOké's liability is at all times limited to what is set out in article 16.
22.5. Complaints do not suspend the Customer's payment obligation.
Article 23. Confidentiality
23.1. Both parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source in the context of their Agreement. Information is deemed confidential if the other party has stated this or if this follows from the nature of the information.
23.2. If WebOké, on the basis of a statutory provision or a court ruling, is obliged to provide confidential information to a third party designated by law or by the competent court, and WebOké cannot invoke a right of non-disclosure recognised by law or recognised or permitted by the competent court in this respect, WebOké is not obliged to pay compensation and the Customer is not entitled to dissolve the Agreement free of charge.
Article 24. Applicable law and competent court
24.1. Every Agreement and legal act between WebOké and the Customer is governed by Dutch law (Nederlands recht).
24.2. The parties will only bring a matter before the court after they have made every effort to settle a dispute by mutual consultation.
24.3. All disputes relating to Agreements and legal acts between the Customer and WebOké will be submitted to the competent court in the district in which WebOké has its registered office. The Consumer has 1 month after WebOké has invoked this clause In Writing against the Consumer to choose the court that has jurisdiction by law for the settlement of the dispute.
Annex 1: Data Processing Agreement
This Data Processing Agreement forms an integral part of the General Terms and Conditions of WebOké and applies if WebOké processes personal data on the instructions of the Customer.
Article 1. Definitions
In this Data Processing Agreement, the following terms have the following meanings:
Processor: WebOké (WebaWere Internet Solutions B.V.);
Controller: The Customer;
Personal Data: All data that the Customer stores with or processes via the Services of WebOké and that relate to identified or identifiable natural persons.
Article 2. Purposes of processing
2.1. Processor undertakes to process personal data on the instructions of Controller under the conditions of this Data Processing Agreement. Processing will take place exclusively in the context of:
- Hosting of websites of Controller;
- Hosting of e-mail;
- Storing data in the cloud (including Nextcloud);
- Virtual servers (VPS);
- Support via the AI assistant;
- Associated online services and purposes reasonably related thereto.
2.2. Processor will not process the personal data for any purpose other than as determined by Controller.
2.3. Processor does not take independent decisions on the processing of the personal data. Control over the personal data rests with Controller.
2.4. This concerns all types of personal data that the Customer stores or processes via the Services, such as names, contact details, e-mail messages, files, databases and messages sent via forms. The data subjects include the customers, website visitors, employees and contact persons of the Customer.
Article 3. Obligations of Processor
3.1. Processor will ensure compliance with applicable laws and regulations, including the General Data Protection Regulation (AVG).
3.2. Processor will, at Controller's request, inform Controller of the measures taken with regard to the obligations under this Data Processing Agreement.
3.3. The obligations of Processor also apply to those who process personal data under the authority of Processor, including employees.
Article 4. Transfer of personal data
4.1. Processor processes the personal data within the European Economic Area (EEA). Transfer outside the EEA only takes place in the case of a sub-processor for which this is stated in article 5.2, and only with appropriate safeguards as referred to in Chapter V of the GDPR (AVG), such as standard contractual clauses of the European Commission or the EU-U.S. Data Privacy Framework.
Article 5. Engagement of sub-processors
5.1. Controller gives Processor permission to use sub-processors in the processing of personal data, provided that they comply with the same obligations as in this Data Processing Agreement.
5.2. Processor uses the following sub-processors:
- NorthC Datacenters B.V. (colocation of servers), the Netherlands;
- SIDN B.V. (registration of .nl domains), the Netherlands;
- EURid vzw (registration of .eu domains), Belgium;
- DNS Belgium vzw (registration of .be domains), Belgium;
- Key-Systems GmbH / RRPproxy (registration of other domains), Germany;
- Mollie B.V. (payment processing), the Netherlands;
- Mistral AI SAS (AI assistant: chat messages, attachments and the data that the assistant looks up for the Customer), France;
- OpenAI Ireland Ltd. (AI Builder: prompts and images for creating the website), Ireland, processing in the United States.
5.3. Processor informs Controller of changes to the list of sub-processors. Controller has the right to object to new sub-processors within two weeks.
5.4. Mistral AI SAS is only engaged if the Customer uses the AI assistant. With the one-time consent of the owner of the Account in the AI assistant, the Customer gives specific permission for this sub-processor.
Article 6. Security
6.1. Processor takes appropriate technical and organisational measures to protect the personal data against loss or any form of unlawful processing.
6.2. Processor has taken the following security measures:
- Logical access control by means of passwords, SSH keys and two-factor authentication;
- Physical access security of the data centre;
- Firewall and active malware detection;
- Encrypted connections (TLS/SSL).
6.3. Processor does not guarantee that the security is effective in all circumstances.
Article 7. Obligation to report data breaches
7.1. In the event of a data breach, Processor will inform Controller within 24 hours of discovery.
7.2. The notification contains at least:
- The date and (presumed) cause of the data breach;
- The (presumed) consequences;
- The proposed or implemented measures.
7.3. Controller assesses whether notification to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) and/or data subjects is necessary.
Article 8. Rights of data subjects
8.1. If a data subject addresses a request to exercise their rights to Processor, Processor forwards the request to Controller.
8.2. Processor cooperates with requests from data subjects insofar as reasonable. Processor may charge reasonable costs for this.
Article 9. Confidentiality
9.1. All personal data that Processor receives are subject to a duty of confidentiality. Processor will not use these data for any purpose other than that for which it obtained them, except for statutory obligations.
Article 10. Audit
10.1. Controller has the right to have an audit carried out by an independent expert no more than once a year. The costs of the audit are borne by Controller.
Article 11. Liability
11.1. The liability of Processor under this Data Processing Agreement is limited to what is provided in article 16 of the General Terms and Conditions.
Article 12. Duration, termination and retention periods
12.1. This Data Processing Agreement remains in force for as long as the Agreement between the parties continues.
12.2. Upon termination of the Agreement, Processor deletes all personal data, or returns them if Controller requests this before the termination. Reasonable costs may be charged for returning them. A VPS is permanently deleted 7 days after termination. Backups of an ongoing Service are overwritten after no more than 30 days. System and server backups are deleted no later than 180 days after they are made. Backups of a terminated hosting package are deleted no later than 180 days after termination.
12.3. Website access and error logs are archived monthly in the Customer's hosting space, in the folder domains/<domein>/logs. As long as the Service is running, the Customer manages these archives themselves: they can view, download and delete them. Processor does not delete them in the interim. The Customer determines how long they keep these logs. Upon termination, the archives are deleted together with the hosting package. After that, they may still be contained in backups until the period in article 12.2 has expired.
12.4. Processor keeps logs of e-mail, logins, FTP, the control panel and the firewall for no more than 3 months. After that, they may still be contained in backups until the period in article 12.2 has expired.
Article 13. Applicable law
13.1. This Data Processing Agreement is governed by Dutch law.
13.2. Disputes will be submitted to the competent court in the district in which Processor has its registered office.
Annex 2: AI assistant
Version 1.0
This Annex forms an integral part of the General Terms and Conditions of WebOké and applies to the use of the AI assistant.
Article 1. What the AI assistant is
The AI assistant answers questions in My WebOké and on www.weboke.nl. For a logged-in Customer, it can look up data from the Customer's own Account and suggest actions. Its use is optional.
Article 2. Consent
The AI assistant only looks up data in an Account if a user asks it to and the owner of the Account has given consent. The consent applies once for the entire Account and for all of its users. Sub-users cannot give consent. By giving consent, the owner agrees to this Annex 2, even if this happens before the Annex takes effect for all Customers.
Article 3. Who processes
The language model is hosted by Mistral AI SAS in France, as a sub-processor of WebOké. The processing remains within the EU. Mistral does not store the messages and does not use them to train the model.
Article 4. Which data
The messages in the chat and any attachments sent are passed to Mistral. With consent, the account data that the assistant looks up for a question are also passed on, such as products, domains, invoices, DNS records, e-mail settings and tickets. Passwords, transfer codes and bank account numbers are removed beforehand. Do not put any passwords or codes in the chat yourself.
Article 5. The AI does not carry out anything itself
An action is only carried out after the user has clicked on a card that states exactly what will happen. A suggestion is valid for 10 minutes. The AI assistant does not take decisions with legal effect.
Article 6. Answers
The AI assistant can make mistakes. Check important information before you act on it. Article 16.9 of the general terms and conditions applies.
Article 7. What we record and for how long
WebOké keeps the conversations, including attachments and choices made on cards, for up to 12 months after the last message. A conversation that you delete is kept for another 30 days. Conversations of visitors without an account are kept for 30 days. The consent (who, when, which version, IP address and browser) and the actions carried out are kept for as long as the Account exists.
Article 8. Withdrawal
The owner can withdraw the consent at any time under Account details (Mijn gegevens). After that, the AI assistant no longer looks up any data in the Account, even if a user asks it to.
Article 9. Changes
We announce a change to this Annex in accordance with article 2.7 of the general terms and conditions. For a new version, we ask for consent again.
Article 10. Questions
Do you have questions about the AI assistant or about your data? E-mail support@weboke.nl.