TERMS AND CONDITIONS
1. Definitions
1.1 AdPage.io: Is a trade name of AdPage BV (KVK: 75440482), with registered address: Velmolenweg 54 A 5404 LD, Uden Netherlands. Also referred to as: "we", "us" and "our".
1.2 Customer: The legal entity or Consumer with whom AdPage.io has entered into a legally binding agreement. ("you" and "your").
1.3. Consumer: a Customer who is a natural person acting for private purposes.
1.4 Parties: AdPage.io and the Customer together.
1.5 Service(s): All services made available by AdPage.io to the Customers through the online platform, plugins, third-party websites or any other form of service.
1.6 Terms and Conditions: These General Terms of Service.
2. Applicability
These Terms and Conditions shall apply to all quotations, offers, work, orders, agreements and deliveries of Services by or on behalf of AdPage.io. The Parties may only deviate from these Terms and Conditions if they have expressly agreed to do so in writing. The applicability of additional and/or deviating general terms and conditions of the Client and/or any third parties is expressly excluded by the Parties.
3. Prices and Services
All prices charged by AdPage.io are in United States Dollars ($) or Euros (€), exclusive of any applicable VAT and other charges such as administrative fees and taxes, unless otherwise expressly stated or agreed upon. AdPage.io may at any time adjust all prices for its products or Services shown on its website or otherwise. The most recent applicable prices can be found at the following URL: www.adpage.io/prijzen. We may increase the rates of our Services or parts thereof. Even if such increase is due to circumstances that AdPage.io could not foresee at the time of making an offer or at the time of concluding the agreement. In the event of a price increase as referred to in this article, Consumers have the right to terminate the agreement, except when the increase is due to a legal requirement.
In accordance with our advertisements and prices on our website, any Customer may order lifetime access to our Services. When a Consumer enters into such a subscription it means that he/she can use our Services throughout his/her lifetime. When a legal entity orders such a lifetime subscription it expires fifteen (15) years after the conclusion of the agreement. With a lifetime subscription to our Services we may downgrade non-essential Services or no longer offer certain functionalities or tools.
4. Consequences of late payment
If the Client fails to pay within the agreed period then AdPage.io shall be entitled to charge interest on the outstanding amount at a rate of 1% per month from the day the Client is in default until the day of payment in full. If the Client is in default, he will also owe extrajudicial collection costs and may be liable to pay damages to AdPage.io.The collection costs will be calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the Client fails to pay on time then AdPage.io may also suspend its obligations until the Client has fulfilled its payment obligation in full. In case of liquidation, bankruptcy, seizure or suspension of payment of the Client, the claims of AdPage.io on the Client shall be due immediately and without judicial intervention.
If the Client refuses to cooperate in the performance of the agreement by AdPage.io, it shall remain obliged to pay the agreed fees to AdPage.io. The Client expressly waives the right to suspend the fulfillment of any obligation arising from this agreement.
5. Free trial and cancellation
Any Customer may register on the AdPage.io website and take advantage of a free seven (7) day trial period. The Customer understands and agrees that any data or (rights to) (intellectual) property created during the trial period may be permanently lost at the end of the trial period. Customer acknowledges and agrees that during the free trial period, Adpage.io's Services are provided "as is" without any representation or warranty of any kind. A Consumer may cancel an online purchase during a fourteen (14) day cooling-off period without giving any reason, unless he has already started using the Services. A Consumer may express his right of withdrawal at info@adpage.io. If purchase costs are reimbursable under applicable law, AdPage.io will refund these costs to the Consumer within fourteen (14) days.
The Customer may cancel his subscription.
6. Property and lien
AdPage.io retains ownership of all Services provided. AdPage.io may invoke its retention of title and restrict access to the Services. If AdPage.io invokes its retention of title then the contract is thereby terminated without any further action being required and AdPage.io is entitled to claim damages, lost profits and interest.
7. Settlement
The Customer expressly waives its right to set off any payments due to AdPage.io against any claim against AdPage.io.
8. Access
Upon completion of the online order by the Customer, AdPage.io will grant access to the Services. If the agreed price for the Services is not paid on time, AdPage.io has the right to suspend its obligations until the agreed price is paid in full. In case of non-timely payment, the Customer is automatically in default.
9. Services: representations and warranties
AdPage.io makes access to the Services available to the Customer. A Customer's use of our Services is subject to compliance with these Terms and Conditions and any future agreements. AdPage.io may change, limit or discontinue its Services from time to time and in its sole discretion. New Services may be subject to additional terms and conditions. Use of AdPage.io's Services may require Customers to use third-party services, which are subject to their respective Terms of Use.
10. Indemnification
The Client shall indemnify AdPage.io against all third party claims related to the Services provided by AdPage.io.
11. Data processing
The Customer agrees that it shall at all times act as a data controller with respect to the processing of personal data. This means that, in accordance with applicable law, the Customer determines the purpose and means of processing personal data. AdPage.io will act as a processor exclusively and in accordance with applicable laws and regulations. The Customer shall process all personal data in accordance with the legal purposes and in accordance with applicable data protection laws and regulations. Also, Customer has and monitors policies for use of the Services by minors and children under thirteen (13) years of age.
The Customer shall fully indemnify and hold AdPage.io harmless from any claim, suit, proceeding or governmental action by a third party arising out of or related to a possible unauthorized disclosure of personally identifiable information or other data as a result of a data breach and that falls within the Customer's sphere of influence processing controller.
12. Complaints
The Customer must examine the Services provided by AdPage.io for possible shortcomings as soon as possible. If a Service does not meet what the Customer could reasonably expect under the agreement, the Customer must inform AdPage.io as soon as possible, but in any case within two (2) weeks after the discovery of those shortcomings. Consumers must inform AdPage.io of this within two (2) months after the discovery of the shortcomings. The Client must provide as detailed a description of the shortcomings as possible, so that AdPage.io is able to respond adequately.
13. Limitation of Liability AdPage.io.
AdPage.io shall only be liable for the damage suffered by the Client if and to the extent such damage is the result of intent or gross negligence. If AdPage.io is liable for any damage, it shall only be liable for direct damage arising from or related to the performance of the agreement. AdPage.io shall never be liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
If liability of Adpage.io is established, its liability is limited to the amount paid in the relevant case under a concluded (professional) liability insurance. In the absence of a (full) payment by an insurer of damages, the amount of liability is limited to the (portion of the) invoice to which the liability relates. All images, photographs, colors, drawings, descriptions on the website are only indicative and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
14. Due date
The Client's right to compensation from AdPage.io shall in any event expire within twelve (12) months after the event from which the liability directly or indirectly arises. This provision does not exclude article 6:89 of the Dutch Civil Code.
15. Dissolution
The Client shall be entitled to dissolve the agreement if AdPage.io imputably fails to fulfill its obligations, unless such failure does not justify dissolution in view of its special nature or due to its minor significance. If fulfillment of the obligations by AdPage.io is temporarily impossible, dissolution can only take place after AdPage.io is in default. AdPage.io shall be entitled to dissolve the agreement with the Client if the Client fails to fulfill its obligations under the agreement in full or in a timely manner, or if circumstances give AdPage.io good reason to fear that the Client will not properly fulfill its obligations.
16. Force majeure
In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of AdPage.io in the fulfillment of any obligation towards the Client shall in no case be attributable to AdPage.io in a situation independent of the will of AdPage.io, when the fulfillment of its obligations towards the Client is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required of AdPage.io.
The foregoing force majeure situation also applies in cases of - but not limited to - state of emergency (such as civil war, riots, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer or telecom failures; computer viruses, strikes, governmental measures, unforeseen transportation problems, bad weather conditions, pandemics and epidemics and work stoppages.
If a force majeure situation occurs that prevents AdPage.io from fulfilling one or more obligations to the Client, those obligations will be suspended until AdPage.io can comply with them. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the contract in writing in whole or in part. AdPage.io shall not be liable for any compensation in a force majeure situation, even if it has obtained any benefit as a result of the force majeure situation.
17. Modification of the agreement
If after the conclusion of the Agreement and before it is executed, it appears that it is necessary to modify or supplement the content of the Agreement, the Parties will timely and in mutual consultation modify the Agreement accordingly. AdPage.io shall be entitled to amend or supplement these Terms and Conditions. Changes of minor importance may be made at any time. Substantial substantive changes will be discussed in advance by AdPage.io with the Customer as much as possible. Consumers have the right to terminate the contract in the event of a material change to the Terms and Conditions.
18. Transfer of rights
The Client cannot transfer its rights under an agreement with AdPage.io to third parties without the prior written consent of AdPage.io. This provision has property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
19. Consequences of nullity or voidability.
If one or more provisions of these Terms are found to be void or voidable, this shall not affect the remaining provisions of these Terms. Any provision that is void or voidable shall in such case be replaced by a provision that comes closest to the intention of AdPage.io in drafting the Terms and Conditions.
20. Privacy
AdPage.io is fully committed to complying with all privacy and data protection laws and regulations, including the EU General Data Protection Act and the California Consumer Privacy Act. Our Privacy and Cookie Policy details how we handle your personal data. In case of conflicting terms with this Agreement, the provisions in our Privacy and Cookie Policy always take precedence. Each Customer is solely responsible for regularly reviewing our Privacy and Cookie Policy.
21. Applicable law and competent court
All agreements between Parties are exclusively governed by Dutch law. In the event of disputes between Parties that cannot be resolved by mutual agreement, the Dutch court in Den Bosch shall have exclusive jurisdiction, unless otherwise prescribed by mandatory law.