1.1 These terms and conditions shall use the following terms in the following meaning, unless expressly stated otherwise:
any offer or offer to Client to provide Services by Global Traffic.
Global Traffic seeks out one or more subscription forms on different dating sites for client and provides (non-committal) (dating site) proposals for erotic chatting with fake profiles on these dating sites.
The private limited liability company Filiate B.V., established under Dutch law, established in the Netherlands and Services to Client hereinafter; Global Traffic.
The natural person who does not act in the pursuit of profession or company that has appointed Global Traffic has provided projects to Global Traffic for Services operated by Global Traffic, or to which Global Traffic has made a proposal under an Agreement.
any Agreement and other obligations between Client and Global Traffic, as well as proposals from Global Traffic for Services provided to The Client by Global Traffic and accepted and accepted and implemented by Global Traffic, which constitutes an inextricable whole.
Article 2 - Applicability
1. These terms and conditions shall apply to any Global Traffic offer, any Agreement between Global Traffic and Client, and to any service offered by Global Traffic.
2. Before an Agreement is concluded, the Client will be given these terms and conditions. If this is not reasonably possible, Global Traffic will indicate to The Client how the Client can view the terms and conditions.
3. Derogation from these terms and conditions shall not be possible. In exceptional situations, the terms and conditions may be waived to the extent that this has been explicitly and in writing agreed with Global Traffic.
4. These terms and conditions also apply to additional, modified and follow-up orders from The Client.
5. The terms and conditions of the Client are excluded.
6. If one or more provisions of these terms and conditions are partially or wholly void or are annulled, the remaining provisions of these terms and conditions shall be maintained and the void/annulled provision(s) shall be replaced by a provision of the same scope as the original provision.
7. Ambiguities about the content, explanations or situations not covered by these terms and conditions should be assessed and interpreted in the spirit of these terms and conditions.
8. The applicability of Articles 7:404 BW and 7:407(2) BW shall be explicitly excluded.
9. Where these terms and conditions refer to she/her, this should also be construed as a reference to he/his/her, if and to the extent applicable.
10. In the event that Global Traffic has not always required compliance with these general conditions, it shall retain its right to claim full or in part compliance with these terms and conditions.
11. The general(use) conditionsof the relevant dating site shall apply in accordance with these terms and conditions.
Article 3 - The Offer
1. All offers made by Global Traffic are non-binding, unless expressly stated in writing. If the Offer is limited or valid under specific conditions, this is expressly stated in the Offer.
2. Global Traffic has the right to refuse the Agreement with a (potential) Client for a reason justified for Global Traffic.
3. The offer shall contain a description of the Services offered. The description is sufficiently specified, so that Client is able to make a good assessment of the offer. Any information in the offer is only an indication and cannot be grounds for any compensation or the termination of the Agreement.
4. Offers or offers do not automatically apply to follow-up orders.
5. Delivery times in the global traffic offer are in principle indicative and do not entitle the Client to dissolution or compensation if exceeded, unless expressly otherwise agreed.
Article 4 - Conclusion of the Agreement
1. The Agreement is concluded at the time when the Client offers an Offer or Agreement of Global Traffic has been accepted by filling in data via the website of Global Traffic and Global Traffic has confirmed the application of Client.
2. Global Traffic shall have the right to revoke the (signed) Agreement within 5 working days of receipt of acceptance.
3. Global Traffic is not held to an Offer if The Client could reasonably have expected or should have understood or understood that the Offer contains an obvious error or aeration. From this mistake or adewrite, The Client cannot derive any rights.
4. If the Client cancels an already confirmed contract, the costs already incurred (including the time spent) will be charged to the Client.
5. Any agreement entered into with Global Traffic or a project awarded by The Client to Global Traffic rests with the company and not with an individual associated with Global Traffic.
6. The client is entitled to revocation during the statutory period of 14 days, unless Global Traffic has already started the Service with the permission of the Client. The client waives her right of withdrawal by means of this permission.
7. If the Agreement is entered into by several Clients, each Client shall be individually and severally liable for the fulfilment of all obligations arising from the Agreement.
Article 5 - Duration of the Agreement
1. The Agreement shall be entered into for a fixed period of time. The duration of the contract depends in part on external factors including, but not limited to the quality and timely delivery of the information that Global Traffic obtains from Client.
2. Both Client and Global Traffic may terminate the Agreement on the basis of an attributable shortcoming in the fulfilment of the Agreement if the other Party has defaulted in writing and has been given a reasonable period of time for its obligations and it still fails to fulfil its obligations properly. This also includes the payment and cooperation obligations of the Client.
3. The termination of the Contract shall be without prejudice to the obligations of the Client to the extent that Global Traffic has already carried out or has performed operations at the time of dissolution. The client must pay the agreed fee.
4. The Parties may terminate the Agreement by e-mail immediately.
5. In the event of a premature termination of the Agreement, The Client will be liable for the costs actually incurred by Global Traffic at the agreed (hourly) rate. The time registration of Global Traffic is leading the way.
6. Both Client and Global Traffic may, without further notice, terminate the Agreement in writing with immediate effect if either party is in suspension of payment, has filed for bankruptcy or the undertaking in question ends by liquidation. If a situation such as the above arises, Global Traffic is never required to refund funds already received and/or compensation.
Article 6 - Performance of services
1. Global Traffic will endeavour to implement the agreed service with the utmost care as may be required of a good service provider. Global Traffic is committed to a professional and independent service. All Services are performed on the basis of an effort commitment, unless explicitly and in writing a result has been agreed which has been described in detail.
2. The Agreement under which Global Traffic operates the Services is a guiding reaction to the scope and scope of the service. The Agreement will only be executed for the benefit of the Client. Third parties cannot derive rights from the content of the services provided in connection with the Agreement.
3. The information and data provided by the Client shall be the basis on which the Services and prices offered by Global Traffic are based. Global Traffic has the right to adjust its services and its prices if the information provided is found to be incorrect and/or incomplete.
4. In the performance of the Services, Global Traffic is not obliged or obliged to follow the instructions of the Client if it alters the content or scope of the agreed Services. If the instructions provide further work for Global Traffic, the Client is required to reimburse the additional additional costs accordingly on the basis of a new tender.
5. Global Traffic is entitled to engage third parties for the implementation of the Services at its discretion.
6. If the nature and duration of the contract so require, Global Traffic Client will keep informed of the progress in the interim via the agreed manner.
7. The implementation of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect any set planning. Never is Global Traffic liable for adjusting the schedule. If the commencement, progress or delivery of the Services is delayed by, for example, the Client not or not in time, or not in the desired format, has provided sufficient cooperation, any advance has not been received in time by Global Traffic or due to other circumstances, which are at the expense and risk of Client, global traffic is entitled to a reasonable extension of the (op) delivery period. All damage and ancillary costs due to delay due to a cause as mentioned above are borne and risked by Client.
8. Global Traffic informs The Client that the Client is referred to third-party websites and that Global Traffic Client only helps to find a dating site that best fits the wishes of the Client.
9. Global Traffic informs the Client that chatting on these websites is done exclusively with fictitious profiles as referred to by the Consumer and Market Authority. Physical agreements with these fictitious profiles are therefore not possible.
10. Global Traffic offers The Client the opportunity to deprive his access to the Global Traffic website as well as access to the dating websites in case Global Traffic or one of the affiliated dating sites believes that The Client should be protected from his own online behaviour. In this case, Global Traffic will not make any new proposals for chatting on dating sites during the blockade.
Article 7 - Obligations of the Client
1. The Client is required to provide all information requested by Global Traffic as well as relevant annexes and related information and data in good time and/or before the start of the work and in the desired form for the proper and effective implementation of the Agreement. In the absence of this, Global Traffic may not be able to carry out a complete implementation and/or delivery of the relevant documents. The consequences of such a situation are at all times at the expense and risk of client.
2. Global Traffic is not obliged to verify the accuracy and/or completeness of the information provided to it or to update The Client in relation to the information if it has changed over time, nor is Global Traffic responsible for the accuracy and completeness of the information compiled by Global Traffic for third parties and/or provided to third parties under the Agreement.
3. Global Traffic may, if necessary for the implementation of the Agreement, request additional information. In the absence of this, Global Traffic is entitled to suspend its operations until the information has been received, without being required to compensate for any compensation for any damages under any other purpose against The Client. In the event of changed circumstances, the Client must make this known to Global Traffic immediately or no later than 3 working days after the change has become known.
Article 8 - Proposals
1. Global Traffic may, if ordered to do so, draw up an opinion, plan of action, design, reporting, planning and/or reporting for the purposes of the service. Its content is not binding and only advisory in nature, but Global Traffic will comply with its duty of care. The client decides on her own and on her own responsibility whether she follows the advice.
2. The opinions and/or proposals provided by Global Traffic, in any form, can never be considered as binding advice and/or proposals.
3. At the first request of Global Traffic, the client is obliged to assess proposals it has submitted. If Global Traffic is delayed in its work, because the Client does not or does not give a timely assessment of a proposal made by Global Traffic, the Client is at all times responsible for the consequences resulting from this, such as delay.
4. The nature of the service means that the result at all times depends on external factors that may influence the reports and opinions and/or proposals of Global Traffic, such as the quality, accuracy and timely delivery of necessary information and data of client and his employees. The client is in a state of interest for the quality and the timely and correct delivery of the necessary data and information.
5. Client will notify Global Traffic in writing prior to the commencement of the work all circumstances that are or may be of interest including any points and priorities for which Client wishes attention.
Article 9 - Additional work and amendments
1. If, during the implementation of the Agreement, it appears that the Agreement needs to be adjusted, or at the request of the Client further work is required to arrive at the desired result of the Client, the Client is obliged to reimburse these additional activities according to the agreed rate. Global Traffic is not obliged to comply with this request, and may require the Client to conclude a separate Agreement and/or be referred to a competent third party.
2. If the additional work is the result of negligence by Global Traffic, Global Traffic has misjudged or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
Article 10 - Free service
Global Traffic's services are completely free of charge. Global Traffic will never charge the Client for its services.
Article 11 - Privacy, data processing and security
1. Global Traffic handles the (personal) data of The Client carefully and will use it only in accordance with the applicable standards. If requested, Global Traffic will inform the data subject.
2. The client is responsible for the processing of data processed using a Global Traffic service. The client also states that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, Client Global Traffic protects against any (legal) claim related to this data or the implementation of the Agreement.
3. If, under the Agreement, Global Traffic is required to provide security of information, this security will comply with the agreed specifications and a level of security which, in view of the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 12 - Suspension and dissolution
1. Global Traffic has the right to keep the data, data files and more it has received or realised if the Client has not (fully) fulfilled its payment obligations. This right shall remain in force without prejudice to the event of a reason justified by Global Traffic, which justifies suspension in that case.
2. Global Traffic shall be empowered to suspend the fulfilment of the commitments it has been fulfilled as soon as the Client is in default with the fulfilment of any undertaking resulting from the Agreement, including late payment of its invoices. The suspension will be confirmed in writing immediately to the Client.
3. In that case, Global Traffic shall not be liable for any damage, under any circumstances, as a result of the suspension of its operations.
4. The suspension (and/or dissolution) does not affect the principal's payment obligations for work already carried out. In addition, Client is obliged to reimburse Global Traffic for any financial loss that Global Traffic suffers as a result of the default of Client.
Article 13 - Force majeure
1. Global Traffic shall not be liable if, as a result of a force majeure situation, it is unable to fulfil its obligations under the Agreement.
2. Force majeure on the part of Global Traffic shall in any event mean, but shall not be limited to: (i) force majeure of Global Traffic suppliers, (ii) failure to comply with obligations of suppliers prescribed or recommended to Global Traffic by the Client or its third parties, (iii) failure of software or any third parties involved in the implementation of the service, (iv) government measures, (v) interference of electricity, internet, data network and/or telecommunications facilities, (vi) illness of employees of Global Traffic or advisors engaged by it and (vii) other situations which, in the opinion of Global Traffic, are outside its sphere of influence which prevent the fulfilment of its obligations temporarily or permanently.
3. In cases of force majeure, both Parties shall have the right to terminate the Agreement in whole or in part. In that case, all costs incurred before the dissolution of the Agreement will be paid by the Client. Global Traffic is not required to reimburse Client for any losses caused by such a withdrawal.
Article 14 - Limitation of liability
1. If any result stipulated in the Agreement is not achieved, a global traffic failure shall be considered to exist only if Global Traffic has expressly promised this result in the acceptance of the Agreement.
2. If global traffic is attributable to the deficiency, Global Traffic is only required to pay any compensation if, within 14 days of the discovery of the defect, Client Global Traffic has failed to fix this deficiency within a reasonable period of time. The default must be submitted in writing and shall contain such a precise description/substantiation of the deficiency, so that Global Traffic is able to respond appropriately.
3. Global Traffic only offers a non-binding Service that the Client can use free of charge and never offers guarantees to use its Services. Global Traffic excludes all liability against the Client, insofar as a legal provision does not oppose it. If the performance of the service leads to the liability of Global Traffic towards the Client, that liability is limited to the direct damage of the Client, but not more than 100 euros.
4. Global Traffic expressly excludes all liability for consequential damages. Global Traffic is not liable for indirect damage, business damage, loss of profit and/or loss, missed savings, damage from business stagnation, capital losses, delay damage, interest loss and intangible damage.
5. Client exempts Global Traffic from all claims of third parties as a result of a lack due to a service provided by The Client to a third party and co-comprised of Services provided by Global Traffic, unless The Client can demonstrate that the damage was caused solely by the Global Traffic service.
6. Global Traffic is not liable in case Client has assumed that he is chatting with a physical person. Global Traffic has pointed out to The Client that these are physical profiles on the websites of third parties for which Global Traffic has submitted a proposal. Global Traffic will not refund any funds paid by The Client to the dating sites in order to refund the chat with profiles.
7. Any advice and/or proposals provided by Global Traffic, based on information incomplete and/or incorrectly provided by the Client, is never grounds for global traffic liability.
8. The content of the advisory and/or proposal of Global Traffic is not binding and only advisory in nature. The client decides for herself and on his own responsibility whether she follows the proposals and/or proposals of Global Traffic. All consequences resulting from the follow-up of the advice and/or proposal are at the expense and risk of the Client. The client is free at all times to make her own choices that differ from the (supplied) advice of Global Traffic. Global Traffic is not required to receive any kind of refund if this is the case.
9. If a third party is engaged by or on behalf of the Client, Global Traffic is never liable for the actions and advice and/or proposals of the third party engaged by the Client and the processing of results (of prepared advice and/or proposal) of the third party engaged by Client in Global Traffic's own advice and/or proposal.
10. Global Traffic is not responsible for the correct and complete transmission of the contents of and sent by/on behalf of Global Traffic, nor for its timely receipt.
11. All claims made by The Client for failure to comply with Global Traffic shall be voided if they have not been reported in writing and reason to Global Traffic within one year of The Client being known or could reasonably be aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, global traffic's liability expires.
Article 15 - Confidentiality
1. Global Traffic and Client undertake confidentiality of all confidential information obtained in the context of an assignment. The confidentiality stems from the contract and must also be assumed if one can reasonably expect confidential information. The confidentiality does not apply if the relevant information is already public/public knowledge, the information is not confidential and/or the information has not been disclosed to Global Traffic during the Agreement with the Client and/or has otherwise been obtained by Global Traffic.
2. In particular, the secrecy sees advice, reports, designs, methods and/or reporting on the client's assignment drawn up by Global Traffic. The Client is expressly prohibited from sharing its content with employees who are not authorized to be aware of this and with (unauthorized) third parties. Furthermore, Global Traffic always exercises the required care in dealing with all business-sensitive information provided by the Client.
3. If, on the basis of a legal provision or a court order, Global Traffic is required to provide the confidential information to the law or competent court or a declared third party (partly) and Global Traffic cannot invoke a right of change, Global Traffic is not required to provide any damages and does not give the Client any ground for the termination of the Agreement.
4. The transfer or dissemination of information to third parties and/or publication of statements, opinions or productions provided by Global Traffic to third parties shall require the written consent of Global Traffic, unless such consent has been expressly agreed in advance. Client will protect Global Traffic from all claims of such third parties as a result of relying on such information that has been disseminated without the written consent of Global Traffic.
5. The obligation of confidentiality also imposes on Global Traffic and The Client the third parties they use.
Article 16 - Intellectual Property Rights
1. All IP rights and copyrights of Global Traffic including, but not limited to, all designs, models, reports and opinions are exclusively vested in Global Traffic and shall not be transferred to The Client unless expressly otherwise agreed.
2. If it has been agreed that one or more of the aforementioned cases or works of Global Traffic will be transferred to the Client, Global Traffic is entitled to conclude a separate Agreement and to require appropriate monetary compensation from the Client. Such compensation must be paid by the Client before obtaining the relevant business or work with the iE rights that follow.
3. The Client is prohibited from revealing and/or multiplying all documents and software resting on the IP rights and copyrights of Global Traffic to third parties (including commercial use) without the express prior written consent of Global Traffic. If The Client wishes to make changes to matters delivered by Global Traffic, Global Traffic must explicitly agree to the proposed changes.
4. The Client is prohibited from using the business and documents on which global traffic's intellectual property rights rest differently than agreed in the Agreement.
5. The Parties shall inform each other and take joint action in the case of an infringement of IP rights.
Article 17 - Safeguard and accuracy of information
1. The Client is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents, in any form it provides to Global Traffic under an Agreement, as well as for the information it has obtained from third parties and provided to Global Traffic for the purposes of the service.
2. Client will exempt Global Traffic from any liability as a result of failure or failure to comply with the obligations in a timely manner to provide all correct, reliable and complete data, information, documents and/or documents in a timely manner.
3. Client exempts Global Traffic for all claims of Client and third parties employed by him or working under him, as well as from clients of Client, based on the failure (in a timely manner) to obtain any subsidies and/or consents required in the context of the implementation of the Agreement.
4. Client exempts Global Traffic from all claims of third parties arising from the work carried out on behalf of The Client, including but not limited to intellectual property rights to the data and information that may be used in the performance of the Contract and/or the action or omission of The Client towards third party(s).
5. If the Client provides electronic files, software or media to Global Traffic, the Client guarantees that they are free of viruses and defects.
Article 18 - Complaints
1. If the Client is not satisfied with the service of Global Traffic or otherwise has complaints about the performance of his assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via [email protected] with the subject line "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Client if Global Traffic is to be able to deal with the complaint.
3. Global Traffic will respond to the complaint as soon as possible, but not later than 7 calendar days after receipt of the complaint.
4. Parties will try to find a solution together.
Article 19 - Applicable law
1. The legal relationship between Global Traffic and The Client is the use of Dutch law.
2. Global Traffic has the right to change these terms and conditions and will notify the Client.
3. In the case of translations of these terms and conditions, the Dutch version is leading.
4. All disputes arising by or pursuant to the Agreement between Global Traffic and Client shall be settled by the competent court of rotterdam court, unless provisions of mandatory law designate another competent court.
Barendrecht, 23 November 2020
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