Article 1. Definitions
1.1 In these General Terms and Conditions, the following words have the following meaning, unless expressly stated otherwise or the context requires otherwise:
a. DMCA Remove: the User of these General Terms and Conditions: DMCA Remove, is a part of InterB, which is registered in The Netherlands under the number 75926431;
b. Customer: the natural person acting in the exercise of a profession or business, or the legal entity with which DMCA Remove enters into an agreement.
c. Agreement: the agreement between DMCA Remove and the Customer;
d. Services: the Services provided by DMCA Remove to the Customer under the Agreement;
e. Website: The www.dmcaremove.com Website operated by DMCA Remove.
Article 2. General
2.1 These General Terms and Conditions apply to all Agreements between the Customer and DMCA Remove.
2.2 Any deviations from these General Terms and Conditions are only valid if accepted by DMCA Remove in writing or by e-mail.
2.3 DMCA Remove explicitly rejects the applicability of any general (purchase) terms and conditions used by the Customer.
2.4 DMCA Remove has the right to change these terms and conditions. Changes also apply to Agreements already concluded. Changes will be communicated in writing or by e-mail. They shall take effect 30 days after such notification or at a later date specified in the notification. If – as a result of a change – the position of the Client would be adversely affected, the Client has the right to cancel the Agreements to which these changes apply with effect from the date on which the new conditions come into effect.
2.5 If one or more provisions of these general terms and conditions are nullified or declared invalid, the other provisions of these general terms and conditions will remain in full force. The invalid or invalid provisions will be replaced by DMCA Remove, taking into account the purport and intent of the original provision (s) as much as possible.
2.6 The Dutch text is always decisive for the interpretation of the content and scope of these General Terms and Conditions.
2.7 If DMCA Remove does not require strict compliance with these Terms and Conditions in all cases, this does not mean that these Terms and Conditions would not apply or DMCA Remove would lose the right to strict compliance with these Terms and Conditions in future, similar or other cases. desire.
Article 3. Quotations and offers
3.1 Any quotations and offers from DMCA Remove are without obligation.
3.2 The Client guarantees the correctness and completeness of all requirements and specifications of the performances provided by or on behalf of the Client to DMCA Remove and other information on which DMCA Remove bases its offer.
3.3 Obvious errors or mistakes on the website and in DMCA Remove brochures, offers, e-mail messages or publications are not binding on DMCA Remove.
3.4 Offers and rates do not automatically apply to future Agreements.
3.5 Everything offered by DMCA Remove in the context of an offer remains the inalienable property of DMCA Remove and must be returned by the Customer immediately upon request.
Article 4. Establishment of the Agreement
4.1. The Agreement is concluded when the Customer has paid and completed the chosen package.
4.2. 4.2. After the Service has been added to the account, DMCA Remove will invoice the Customer. As long as the Customer has not received this invoice, the Customer can cancel the Agreement free of charge. If Customer has not received an invoice, Customer should contact DMCA Remove.
Article 5. Duration and termination
5.1. The Agreement is entered into for an indefinite period of time, but not if expressly agreed otherwise.
5.2. 5.2. An Agreement that has been entered into for an indefinite period of time can always be terminated. The Client is obliged to observe a notice period of 14 days before the end of the invoice period, but not if expressly agreed otherwise.
5.3. 5.3. If the Agreement has been entered into for a specific period, the Client does not have the right to terminate the Agreement prematurely, but not if expressly agreed otherwise. 5.4. At the end of the term of the Agreement, the Agreement that has been entered into for a specific period will each time be automatically and tacitly renewed by the time the Agreement is entered into, but not when the Agreement is terminated.
The agreement entered into for a specific period can be terminated at the end of its term with due observance of a notice period of 1 calendar month.
5.4. Cancellation must be sent in writing, by e-mail or in a clear private message.
Article 6. 6.1. Execution of the Agreement
6.1. DMCA Remove will execute the agreement to the best of its ability, taking due care as a professional. DMCA Remove does not guarantee that its services will deliver the desired result. The agreed obligation is a best efforts obligation; no obligation of result. The fee to DMCA Remove does not depend on the outcome.
6.2. DMCA Remove explicitly does not guarantee that the result of the purchase of the service will be that all content on the internet and / or all (online) activities that infringe the (intellectual property) rights of the Customer and / or that the (online) damage the reputation of the Customer, be traced and / or removed. DMCA Remove cannot guarantee that its search engines will track all illegal copies of Client’s content on the Internet. DMCA Remove will do everything it can to remove this.
6.3. During the execution of the agreement, DMCA Remove has the right to engage third parties without notice to the Customer, to obtain goods from third parties, to purchase services from third parties and to instruct third parties to perform the Agreement in whole or in part.
6.4. DMCA Remove will never be obliged to perform its services if it violates its professionalism, any third party rights, any legal obligations or generally accepted standards of conduct.
6.5. DMCA Remove reserves the right to change and supplement the services at any time as a result of the technical evolution of the services.
Article 7. Time of execution
7.1. In the event that a time for the execution of the services has been agreed between DMCA Remove and the customer, this time will be approximate. DMCA Remove makes no guarantees as to the agreed time of execution, and late execution does not entitle the customer to compensation, termination of the agreement or the suspension of any obligation to DMCA Remove.
Article 8. Obligations of the Client
8.1. 8.1. The Client is obliged to provide correct, accurate, current and complete information that is requested from the Client during the conclusion of the agreement.
8.2. 8.2. The Customer will ensure that all information declared necessary by DMCA Remove – or which the Customer should reasonably understand to be necessary – for the performance of the agreement in a timely manner and in accordance with the specifications provided by DMCA Remove to DMCA Remove. is made available.
8.3. 8.3. If the information provided by the customer is incomplete and / or incorrect, this will be entirely at the expense and risk of the customer.
8.4. 8.4. Customer is obliged to immediately notify DMCA Remove of all facts and circumstances that may be relevant in connection with the performance of the Agreement.
Article 9. Assignment
9.1. An agreement is individual and bound to one (legal) person. The customer is not authorized to transfer rights and obligations arising from an agreement to third parties without the prior, express and written consent of DMCA Remove.
Article 10. Prices and price changes
10.1. The prices and rates of the services stated in offers, on the DMCA Remove website or elsewhere are exclusive of VAT.
10.2. DMCA Remove can always change the rates that apply to the services. In case the change is a price increase, DMCA Remove will notify the customer at least 14 days in advance by email or SMS. In that case, the customer has the right to cancel the relevant agreement free of charge, in writing or by email, starting from the date on which the increase takes effect.
10.3. DMCA Remove has the right to increase the agreed fixed price, if during the execution of the agreement it appears that the originally agreed or expected amount of work has been underestimated – and that this cannot be attributed to DMCA Remove – at the time of the conclusion of the agreement. DMCA Remove cannot reasonably be expected to perform the agreed services at the originally agreed price. The customer will be informed of such a price increase in writing or by e-mail.
10.4. In the event that services are performed by DMCA Remove on behalf of the Customer, and these services are not part of the agreement that the Customer has entered into with DMCA Remove, the costs of these additional services will be charged separately to the Customer. As far as possible, the Customer will be informed in advance of the amount of these costs.
Article 11. Trial period
11.1. DMCA Remove may occasionally provide a trial period that the customer can use to test the service. The trial period is not active right now.
11.2. During the trial period, DMCA Remove has the right to suspend performance of the service or change the service. During the trial period, DMCA Remove makes no warranty of any kind.
Article 12. Invoicing and payment
12.1. 12.2. Billing occurs from the moment the service is added to Client’s account on the software using DMCA Remove.
12.2. 12.2. Invoicing takes place in advance, monthly or quarterly.
12.3. 12.3. If billing takes place on a monthly basis, the customer is obliged to pay the received invoices from DMCA Remove within 7 working days after the invoice date.
12.4. 12.4. If billing takes place quarterly, the Customer must pay the invoices received from DMCA Remove within 14 days of the invoice date.
12.5. 12.5. Payment must be made without deduction and settlement.
12.6. 12.6. In case of non-compliance with the payment term, the client is immediately in default and the client is obliged to pay the statutory commercial interest from the moment that the amount owed has become due and payable until the moment of payment. In addition, any collection costs, both judicial and extrajudicial collection costs, will be borne by the client. The extrajudicial collection costs amount to 15% of the principal sum with a minimum of € 100.
12.7. 12.7. In the event of the customer’s liquidation, bankruptcy, seizure or suspension of payment, the claims of DMCA Remove on the Customer become immediately due and payable.
12.8. 12.8. Payments made by the Client primarily serve to settle the interest due and subsequently the collection costs due. Only after these costs have been paid will any payments by the Client be applied to the outstanding principal.
12.9. DMCA Remove may retain the goods, information, documents and data files received or produced under the Agreement, despite any existing obligation to deliver, until Customer has paid the amounts due to DMCA Remove.
12.10. Donations are non-refundable unless DMCA Remove has received a cancellation or refund request within 24 hours of the donation being made.
Article 13. 13.1. Change of billing address or relocation
13.1. In the event of a relocation of the customer or in the event of a change in the billing address of the Customer, the Customer is obliged to inform DMCA Remove in advance and as soon as possible in writing by e-mail of his new permanent, temporary, company or billing address.
Article 14. Liability and limitation
14.1. 14.1. DMCA Remove cannot be obliged to compensate for damage directly or indirectly caused by:
a.an event that is beyond DMCA Remove’s actual control and therefore cannot be attributed to its actions and / or inaction, as described in Article 17 of these Terms and Conditions;
b. any act or omission of the Client, its subordinates or other persons engaged by or on behalf of the Client to perform work.
14.2. 14.2. DMCA Remove is not liable for any damage, of whatever nature, caused by DMCA Remove acting on the basis of incorrect and / or incomplete information provided by the customer.
14.3. 14.3. DMCA Remove does not guarantee that the website will function without faults or that it will always be accessible. The Client acknowledges that access to the website can be interrupted for various reasons. DMCA Remove is not liable for damage resulting from the temporary unavailability of the website / software.
14.4. DMCA Remove makes every effort to secure its systems and website against unauthorized use and loss of entered data. It is impossible to completely prevent unauthorized use and loss of information.
14.5. DMCA Remove can never be held liable for any damage caused to the customer because third parties infringe the (intellectual property) rights of the customer, or because third parties damage the (online) reputation of the customer.
14.6. 14.6. DMCA Remove is not liable for any distortion or loss of data resulting from the transfer of data through telecommunication facilities.
14.7. 14.7. DMCA Remove cannot be held liable by Customer if the results of the Services performed by DMCA Remove do not meet Customer’s expectations.
14.8. 14.8. Any liability of DMCA Remove for indirect damage, including consequential damage, loss of turnover, loss of savings, damage due to business interruption, delay, damage to reputation, possible fines, is excluded.
14.9. If DMCA Remove would be liable for any damages, DMCA Remove’s liability will be limited to the amount of the payment made by DMCA Remove’s insurer. If in a particular case the insurer does not pay or the damage is not covered by the insurance, the liability of DMCA Remove is limited to the invoice amount, i.e. the part of the invoice amount to which the liability applies. If the liability applies to a continuing performance contract, the liability is limited to the amount that the Customer is obliged to pay to DMCA Remove for Services during 1 month.
14.10. 14.10. Any claims and other powers of the Client on any account against DMCA Remove will in any case lapse 1 year after the moment on which a circumstance arises on the basis of which the Client can exercise these rights and / or powers against DMCA Remove.
14.11. If Customer does not, not timely or properly fulfill its contractual or legal obligations, or commits an unlawful act against DMCA Remove, Customer is obligated to make good any damages incurred by DMCA Remove as a result. is inflicted.
Article 15. Complaints
15.1. 15.1. Any complaints about the performance of the Agreement by DMCA Remove must be communicated by the Customer to DMCA Remove immediately and in any case within 7 days of the day on which the complaint was first caused. The notice of default must contain a description of the defect that is as detailed as possible, so that DMCA Remove can respond adequately. Complaints submitted late will not be processed.
15.2. Submitting a complaint does not suspend the Client’s payment obligations.
15.3. 15.3. If DMCA Remove investigates a complaint that does not imply that DMCA Remove acknowledges that the performance of the Agreement has been defective.
15.4. 15.4. After submitting a complaint, the Customer must give DMCA Remove the opportunity to verify the validity of the complaint and, if necessary, fulfill its obligations afterwards.
15.5. 15.5. If subsequent fulfillment of the Agreement is no longer possible or meaningful, DMCA Remove is only liable under Article 15 of these General Terms and Conditions.
Article 16. Force majeure
16.1. DMCA Remove is not obliged to fulfill any obligation in case of prevention due to force majeure.
16.2. Force majeure is understood to mean: failures in the connections to and with the internet, virus infection or computer intrusion by third parties, failure in the supply of energy or materials, weather conditions, natural disasters, strike, theft, illness of the natural person who executes the agreement on behalf of DMCA Remove , and government measures. Force majeure is understood to include any event or circumstance that would make the implementation by DMCA Remove so inconvenient and / or expensive in comparison to the circumstances at the time of the conclusion of the Agreement that, in the opinion of DMCA Remove, the implementation thereof would be reasonable. cannot be required.
16.3. In case of temporary force majeure, DMCA Remove reserves the right to suspend the performance of the Agreement until the circumstance that causes force majeure no longer exists.
16.4. 16.4. DMCA Remove reserves the right to require payment for any Services performed during the performance of the relevant Agreements prior to force majeure.
Article 17. Suspension and termination
17.1. DMCA Remove has the right to suspend the execution of the Agreement or to terminate the Agreement prematurely without observing a notice period by means of a written or electronic statement, if this is the case:
a. Client has been granted temporary or temporary suspension of payments or has been declared bankrupt;
b. Client proceeds to liquidate his company;
c. Client does not comply with any legal obligation or any (payment) obligation arising from the Agreement or these General Terms and Conditions.
17.2. 17.2. DMCA Remove also has the right to dissolve the Agreement in the event of circumstances of such a nature that fulfillment of the Agreement is impossible or not to be expected on the basis of reasonableness and fairness, or in the event of other circumstances of such nature. that unaltered maintenance of the Agreement cannot reasonably be required.
17.3. 17.3. DMCA Remove cannot be held liable for any damage caused to Customer as a result of this suspension or termination.
17.4. In those cases referred to in clause 17.1, DMCA Remove has the right to demand immediate payment of the full fee Customer is obliged to pay DMCA Remove.
17.5. 17.5. The Client is obliged in the event of a circumstance as referred to in Article 17.1 under a. Or b. act immediately in the form of DMCA Remove.
17.6. 17.6. DMCA Remove always reserves the right to claim damages from the Customer.
Article 18. Confidentiality
18.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which this information was provided.
18.2 If, by virtue of a statutory provision or a court order, DMCA Remove is obliged to disclose confidential information to third parties designated by law or a competent court and DMCA Remove cannot invoke any legal or statutory or competent court recognized or permitted right of refusal, then DMCA Remove is not obliged to pay compensation or indemnification and the Customer is not entitled to dissolve the Agreement due to any damage caused by this.
Article 19. Intellectual and industrial property
19.1. By providing services, by making the website and the like available, no copyrights within the meaning of the Copyright Act are transferred.
19.2. Any intellectual property rights to the services, website and the like rest exclusively with DMCA Remove or its licensor (s).
19.2. 19.2. The intellectual property rights in all documents (reports, advice, etc.) produced during the Services vest in DMCA Remove. These rights remain with DMCA Remove as long as no further written agreement is made between DMCA Remove and the Customer regarding the transfer of intellectual property rights. The Customer may only use these documents for the purpose for which they were produced.
19.3. 19.3. Provided documents, such as reports and advice, may only be used within the Customer’s organization and may not be reproduced or published by the Customer.
19.4. 19.4. Customer undertakes not to infringe DMCA Remove’s intellectual property rights in any way.
19.5. In the event of Client infringement of DMCA Remove’s intellectual property rights, DMCA Remove has the right to terminate the Agreement with immediate effect, without any right for Client to any form of damages, and any damage caused to DMCA Remove as a result. will be charged to the Customer.
19.6. DMCA Remove has the right to include the name and / or logo of the Customer on its website as a Customer of DMCA Remove.
19.7. The Client indemnifies DMCA Remove from and against claims from third parties with regard to intellectual property rights on materials or information provided by the Client that are used in the execution of the Agreement.
Article 20. Applicable law and competent court
20.1. 20.1. All Agreements are exclusively governed by Dutch law, even if an obligation or part thereof is performed abroad or if the party involved in the legal transaction has its registered office abroad.
20.2. 20.2. All disputes relating to Agreements between Customer and DMCA Remove will be submitted to the competent court in the district where DMCA Remove is located.