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 party with whom AdPage.io has entered into a legally binding agreement to provide one or more Service(s).
1.3 Parties: AdPage.io and the Customer together.
1.4 Service(s): All services made available to Clients by AdPage.io 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 entering into the agreement.
In accordance with our advertising and pricing on our website, any Customer may order lifetime access to our Services. When a Customer orders a lifetime subscription it expires fifteen (15) years after the conclusion of the agreement. With a lifetime subscription to our Services, we have the right to downgrade non-essential Services or discontinue offering certain functionalities or tools, without any obligation to pay any kind of compensation or damages.
4. Consequences of late payment
If the Client fails to pay within the agreed period then AdPage.io shall be entitled to charge interest of 1% per month on the outstanding amount from the day the Client is in default until the day of payment in full. If the Client
is in default, he shall 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 Customer fails to pay on time then AdPage.io may also suspend its obligations until the Customer has fulfilled its payment obligation in full.
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.
The Customer expressly waives its right to set off any payments due to AdPage.io against any claim against AdPage.io.
5. Termination of Agreement
The Agreement may be terminated by either Party before the effective date of a new payment period, unless other arrangements have been made. If a Customer makes use of a seven (7) day free trial period then the Customer may terminate the agreement during that period without charge and without giving any reason. If the Customer does not terminate the agreement during that trial period then the agreement is thereafter automatically converted into an agreement for the duration of a payment period.
6. Use of the Services.
Upon completion of the Customer's online order and payment, AdPage.io grants access to the Services.
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.
7. Data processing
The Customer agrees that it is acting at all times as a data controller with respect to the processing of personal data. This means that the Customer in
in accordance with applicable law determines the purposes and means of processing personal data. AdPage.io will act as a processor exclusively and in accordance with applicable laws and regulations. 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.
8. 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 Adpage.io is found liable, its liability shall be limited to the amount paid in the relevant case under a concluded
(professional) liability insurance is paid out. In the absence of (full) payment by an insurer of the damage, the amount of liability is limited to the (part 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.
The Client shall indemnify AdPage.io against all third party claims related to the Services provided by AdPage.io.
9. Due date
The Customer's right to compensation from AdPage.io shall in any event expire within twelve (12) months of the event from which the liability directly or indirectly arises.
10. Dissolution
Without prejudice to the provisions of applicable laws and regulations, AdPage.io has the right, in the event of the liquidation, bankruptcy, seizure or suspension of payments of the Client
terminate the agreement with the Customer immediately and without judicial intervention.
11. 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 if the fulfillment of its obligations towards the Client is prevented in whole or in part or if 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.
12. 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.
13. 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.
14. 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. A provision that is void or
voidable, shall in such case be replaced by a provision that comes closest to the intent of AdPage.io in drafting the Terms.
15. 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 the event of conflicting terms with this Agreement that relate to privacy and data protection, the provisions of our Privacy and Cookie Policy always take precedence. Each Customer is solely responsible for regularly reviewing our Privacy and Cookie Policy.
16. 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.