Terms and Conditions

Terms and Conditions of Business Webstars B.V.

GENERAL TERMS & CONDITIONS

These Terms and Conditions apply between all Users/Clients of the Website and Business Webstars B.V., the owner of this Website.
These Terms and Conditions apply to the use of and the purchase of Business Webstars B.V.’s Marketing Products & Services, including the posting of Marketing, Advertising and/or Content material by BW on behalf of the Client on his/her Website.
Business Webstars B.V. has the right to amend, edit and/or remove any Content/Product/Service at its discretion at any time.
Business Webstars B.V. will be referred to in these Terms and Conditions with its full name but also with its abbreviated form BW.
BW is authorized to edit these Terms and Conditions and the validity of the updated version will apply from the date of publication.
Users/Clients should check these Terms and Conditions regularly on the Website to ensure that they are aware and up to date of the changing of these binding Terms and Conditions.
These Terms and Conditions are part of the agreement between the parties, (BW, the Users/Clients and Third Parties) regarding their business relationship.
Terms and Conditions as well as the Contract will regulate any current, present and future discussions, arrangements or agreements.

BW’S PRODUCTS & SERVICES - TERMS OF USE

1) The access and use of Business Webstars’ product & services is conditional upon payment in accordance with the Payment Terms Clause contained in the Contract as well as with the payment conditions contained in these Terms and Conditions.

2) Business Webstars is authorized to the purchasing of Products & Services from Third Parties on the behalf of the Client to perform and to deliver the Products & Services agreed in the Contract.

1) ACCEPTANCE OF THESE TERMS AND CONDITIONS

Users/Clients have to comply and have obligations to these Terms and Conditions since their acceptance on Business Webstars B.V.’s Website.
By using the Website and agreeing to these Terms and Conditions, that Users/Clients access and use of BW’s Website, Products & Services is subject exclusively to these Terms and Conditions.
Users/Clients are obligated to not to use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website of Business Webstars B.V. Users/Clients are fully accepting the terms, conditions and disclaimers contained in these Terms and Conditions.
BW reserves the right to change these Terms and Conditions without notice. Users/Clients are subject to such changes and that it is their responsibility to check these Terms and Conditions regularly for any changes and update.
If an User, an employee or a company representative is accepting these Terms and Conditions, he/she is bound to these Terms and Conditions.
Additionally, the user, employee and/or the company representative warrants that is authorized to enter into legally binding Terms and Conditions on behalf of his/her employer.

2) DEFINITIONS

1) Terminology:

Digital Marketing & Advertising all the Product & Services and activities involved in the Marketing and promotion on behalf of the Client, of his/her Business as agreed in these Terms and Conditions and in the Contract.
Business Webstars B.V. (the company) authorized to act on behalf of the Clients to the management of his/her Marketing, Advertising and/or Website.
The Business Webstars is defined either as:

Business Partnership

and/or

Product & Service provider

These definitions regards the position of BW regarding its Business relationship with the Client

Product & Services: any product or service provided by BW to the Clients but not limited to any product & services listed on the Website; but also including Clients specific requests on particular Products & Services.
Client any individual or company purchasing products & services from BW;
User/s all individuals/businesses/institutions who have access to the Website of BW
Third parties: product & service providers and businesses who have provided licensed Third Party Content, products & services to BW for the creation of BW’s product & services;
Content any digital material (including text, graphics, images, audio, video, software, data, page layout, code and software etc…) that can be digitally stored in a server;
Delivery Dates

Agreed deadlines to supply the material necessary for BW to create and perform the product & services requested from the Clients;
Agreed deadlines to deliver the products & services purchased by the Client in the Contract.

Start Date agreed date from which the product and/or services provided by BW will be implemented;
GDPR General Data Protection Regulation, EU law on data protection and privacy for all users, individuals, businesses, institutions and governments within the European Union (EU) and the European Economic Area (EEA), which came into force on 25 May 2018;
Privacy Policy: policy on the management and store of Users/Clients sensible Data on BW’s platform or personal, business and financial data provided during the signing of the Contract and necessary for the subscriptions and creation of the supplied products & services.

2) Intellectual property and Content copyrights

Content available on the Business Webstars B.V. Website is of exclusive Intellectual property and copyright ownership of Business Webstars B.V. affiliates, licensees, Third Parties.
Any violation or copy of Business Webstars’ Intellectual property is a violation of EU and Dutch laws on Intellectual property rights.
Business Webstars B.V. has the right to legally sue in the competent courts, and to claim rightful damages of Intellectual property theft to whoever uses/copy its copyright material.
By continuing to use BW’s Website, Users/Clients acknowledge that the Content on the such Website is protected by copyright, trademarks, server rights, Third Parties’ licenses & rights, as well as intellectual property rights.
Any license or right to use the trademark, business information, brand or logo displayed on Business Webstars B.V. Website is with the owner’s permission;
Business WebstarsV has the right to block any User who is visualizing its Website, while breaching BW’s Terms and Conditions.

3) PROHIBITED USE OF BUSINESS WEBSTARS WEBSITE

Users/Clients are forbidden to download, store, reproduce, transmit, display, copy, sell, publish, distribute, and to provide access to BW’s Content and products & services for any purposes outside these Terms and Conditions and the Contract.

Additionally to sub-license, rent, lease, transfer or assign any BW’s Content/Product/Service to any other person, business to use and/or for any unlawful purpose is forbidden and punished by Dutch as well as EU’s laws.
Business Webstars B.V. has the legal rights to sue and claim damage to the parties that breach these Terms and Conditions.

4) UPLOADING OF CLIENTS CONTENT

Clients cannot use BW’s Website for any of the following purposes:

To damage BW’s Website or to interferes with its business and security;
With the intentions to breach any applicable law, regulation or government rule, providing harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening and/or objectionable content.

In such a situation BW has the unilateral right to suspend/cancel the Contract with the Client and to legally claim against the Customer, all the resulting damages and extra costs to be paid.

5) AVAILABILITY OF BW’S WEBSITE AND DISCLAIMERS

BW’s Website, Products & Services are provided to the Client without warranty that are free of defects and/or faults.

BW provides no warranties of accuracy of information, compatibility and satisfactory quality because each time that a Clients purchase products & services these products & services are adapted to the Client demands and requested and, in some cases rely on integration between Third Parties products & services, on which BW has no control over.

Business Webstars B.V. has no obligation to update any information on its Website.
BW invests considerable time and resources to ensure that its Website and the Third Parties hosted on it are secure, free of errors, free of viruses, malware and legal compliant.
BW does not warrant nor guarantee that all Users/Clients take responsibility for their own security, that of their personal, business and financial data and their devices.
BW is not liable for any disruption or non-availability of its Website.
BW has the right to change, suspend or discontinue any section of its Website.
These Terms and Conditions apply to any modified version of Business Webstars’ Website.

6) LIABILITIES

1) Nothing in these Terms and Conditions will:

Limit or exclude Business Webstars B.V. or Users/Clients liability for fraud or fraudulent misrepresentation;

Limit or exclude any of Business Webstars B.V. or Users/Clients liabilities in any way that is not permitted under applicable law.
BW will not be liable to Users/Clients in respect of any losses or damages arising from events beyond BW’s control.

These events and situations are classified as following:

Any Business Losses, included but not limited to investments, loss of profits, income, revenue, savings, contracts, and/or business opportunities;
Loss or corruption of any data, database or software;
Indirect or consequential loss or damage resulting from an action and/or decision from a User/Client.

7) BUSINESS WEBSTARS’ WEBSITE CONTENT

BW’s information about its products & services is subject to change without notice.
Information about BW’s products & services available on its Website is not a representation, warranty and/or commitment by BW with respect to any product and/or service.
BW declares and disclaims that all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.

8) THIRD PARTIES

BW’s Website makes available products & services that have not been created by BW but by Third Parties.
Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content/Products/Services appearing on BW’s Website, is subject to their Terms and Conditions.
BW has not control nor responsibility over Third Party Content/Products/Services even if due diligence has been done by BW.
BW cannot guarantee and makes no representation or warranty about the accuracy, truthfulness, or completeness of any Third Party’s information.
BW does not represent and/or share any Third Party content, statement and orientation.
BW will carry out due diligence on its User/Clients but it cannot completely verify each User/Clients identity.
BW has no control over the information provided by the Users/Clients.
BW expects that its Users/Clients take responsibility and have good faith to provide the correct and legal data required for the subscription of BW’s Contract and as well as the requested products & services.
BW and its Representatives, personnel, company subsidiaries are released from any and all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, resulting from the business conduct of Third parties.
BW will share and provide personal, business and financial data of Clients to authorized Third parties for the activation of products & services agreed in the Contract. (See our Privacy Policy).

9) TERMS AND CONDITIONS & PRIVACY REGARDING CLIENT’S REGISTRATION.

In order to become a Client, the User is required to complete the registration form. The User represents and warrants that the personal, business and financial data provided in the registration are legitimate, accurate and complete.
BW stores all data in accordance with the Terms and Conditions of BW's Privacy Policy.
Client profile will be automatically created and registered in BW’s CMS while the profile data will be used in accordance with these Terms and Conditions and BW's Privacy Policy.
It is the /Client responsibility to maintain and to update accurate data by communicating any changes to BW’s certified contact channels.
Client data will be stored with BW’ system even if the business relationship has ended as ruled by the applicable laws.
Contract is final after the Client has signed the Contract following the completion of the online registration.

10) CLIENT’S MATERIAL

1) Definition: Everything that the Client writes, uploads, submits, sends, stores or shares with BW in order for BW to perform the products & services requested by the Contract:

Material List

Documents in different formats
Blog text posts
Reviews
Videos
Sound material
Emails
Graphics
Photos
Images

2) Users/Clients are not allowed to download and/or print the edited material, to create a database in electronic or paper form comprising all or part of the material appearing on Business Webstars’ Website.

3) Terms and Conditions for the submission and publication of material with BW

Client materials provided to BW is subject to BW's approval.
Prior to any Publication of any material, BW has the right to decide to publish or not the material.

Additionally BW has the right to edit the material, and to refuse the publication if it damages the targets agreed with the Clients.

Clients warrant that any submitted material is their own original work and that they are the copyright owners and that they possess all the necessary rights, authorizations and licenses.
Client guarantees that the provided material is not illegal, obscene, offensive defamatory, illegal nor it infringes other party's rights or Third Parties rights.
Clients acknowledge that any breach of these Terms and Conditions will cause damage and/or to create a loss for BW; hence Clients agree to indemnify BW in full and against any Third party Liabilities, claims, costs, loss or damage as a result of publishing the Clients’ material including other consequential losses.
Clients agree and understand that the data/material provided about them and their company will be used to perform the requested products & services as stated in the Contract.
Should be a User/Client discovered to behave illegally, unethically and/or fraudulently BW has the unilateral right to terminate the Contract after having contacted the Client to inform them of BW’s decision.

Additionally BW’s links will be removed from any Customer/Client website, if the Client fails to do so, BW will charge 50,00 euros per each day the Client refuses to do so.

In this situation the Client indemnifies BW from any legal action.

BW has the right to suspend/delete/edit any material/content at any time for it was not authorized by BW, given that the unchecked publication may be unlawful, defamatory, so resulting in a violation of these Terms and Conditions as well as the Contract.
Additionally if these publications affect negatively Client targets, no legal or damage claim can be made because is a breach of these Terms and Conditions and of the Contract

The same right for BW applies regarding the violation of copyrighted material from Third parties in which case no claim from the Client for damage or breach of Contract can be made.

BW cannot be held liable for any errors and/or mistakes originated by Third Parties, subcontractors or inaccurate instructions.

Client acknowledges and confirms that to solve these issues BW will debit to them the costs resulting from the problem.

The Client will indemnify BW in full regarding any claim made against BW arising from BW's publication on behalf of the Client of material that was in violation of these Terms and Conditions and the Contract signed with BW.
Products & Services rates are subject to revision at any time, while their price is fixed and valid at the time of the signing of the Contract.
If a Client cancels the budget of any products and/or services, he/she will be liable to pay for the remaining outstanding sum regarding that products and/or services
Project/Products/Services budgets must be settled within 30 days from the Starting date o the project, product and/or service.

In the event of any payment on such projects, products and/or services is overdue, BW has the right to both suspend the project, products and/or services until the outstanding amount has not been paid.

Extra costs, outside the agreed Contract, will be applied and charged to the Client when extra not scheduled work is performed because of the Client’ faults.
If Clients instructions, data and materials are not received by the scheduled date, BW has the right to suspend the related projects, products and/or services until the Client has provided the instructions, data and materials.

This does not represent a breach of Contract from BW, because it is the Client responsibility to provide the necessary and requested instructions, data and materials to enable BW to perform its work and to deliver the projects, and/or products agreed in the Contract.

BW has the right to refuse the content without refund, if it compromises the success and the targets of the agreed project.

This applies when the Client deviates from what has been agreed in the Contract and in the e-mails regarding the subject of the business relationship between the Client and BW.

If the Clients requests any delays to the project, which are agreed on the Contract and these Terms and Conditions, then the Client will be held responsible for everything resulting from these

11) PRICES

Prices for any of BW’s products & services are subject to change without prior notice, BW will keep regularly updating all publicly available price information on the Website to ensure that accurate and up to date information are always available to Users/Clients.
The description and price of any product & service purchased by the Client will be confirmed by BW's e-mails, invoices.
They are available on BW’s Website but they can change because every Client is unique and usually some products & services need to be customized and adapted.

12) PAYMENT POLICY

Please see the Contract.

13) DISCLAIMER

Under no circumstances shall BW be liable for direct, indirect, or incidental damages resulting from the Client use of data, advice or content on the Website or the Proposal.
Client agree to indemnify BW against any actions, claims, proceedings, or liabilities arising from the use of the Website and BW’s products & services.

14) DATA PROTECTION

BW is authorized to us User/Client, personal, business and financial data, in BW possession, to:

To provide BW products & services
For credit control and market research
To inform and update Users/Clients about BW products & services,
Legal purposes

For further details please consult BW’s Privacy Policy.

15) FORCES MAJEURES

These Forces Majeures could significantly affect BW’s business operations and working capacity resulting in its inability to respect its Contract obligations.

List:

Labour and legal disputes
Strikes
Inability to obtain labour and/or materials
Fire and/or other action of the elements
Accidents
Power and/or telecommunications failure
Governmental restrictions
Epidemic and Pandemic
Human and natural disasters
Third Parties’ failures, mistakes and/or default

Parties, causes and/or events, elements beyond BW’s control, that result in the inability for BW to perform in whole or in part its Contractual obligations as well as to respect these Terms and Conditions;
BW shall be temporary relieved of Contractual Obligations on the extension how BW is unable to operate
This exceptional event where BW is unable to operate and to fulfill its Contractual Obligations shall not make BW legally liable to Clients and/or any other Third party.

16) TRANSFER OF DATA

Users/Clients are not authorized to transfer any of their rights under these Terms and Conditions to any other person and/or business.
BW is authorized to transfer Users/Clients’ rights under these Terms and Conditions where BW believes Users/Clients rights will not be affected.

17) LAW & JURISDICTION

These Terms and Conditions are subject to Dutch Law under Dutch Jurisdiction.

Any Disputes and claims arising from these Terms and Conditions and the Contract will be manage by the Dutch competent courts of Amsterdam, Netherlands.

17) GDPR AND RELATED BW’S TERMS AND CONDITIONS.

Under GDPR’s rules BW is not required to obtain Users/Clients consent if BW does not have a lawful basis of legitimate interest for collecting and sharing data.

BW’s lawful basis of legitimate interest is explained in BW Privacy Policy.

Regarding the data sharing with authorized Third Parties, Users/Clients are aware that at the time of the registration to BW’s Website their personal, business and financial data will also be shared with Third Parties that have access to that data in order for BW to create and deliver the customized products & services agreed in the Contract. (Ref. Privacy Policy)
BW expects that Third Parties use the data provided to them in respect to the framework of GDPR and legitimate interest.
Users/Client must communicate everything that is relevant to their business relationship with BW; BW will not be liable to any resulting consequences, which might affect the Users/Clients, if they do not communicate with BW.

18) SUSPENSION & REFUND & CANCELLATION POLICY

BW has the right to suspend its contractual obligations towards its Clients if they violate or breach these Terms and Conditions as well as the Contract; in this case Clients have no rights to refund and they held BW immune to any legal dispute that may arise from the suspension of BW’s obligations.
BW has the right to cancel the Contract in the event that the Clients violate any of these Terms and Conditions.
No refund is possible by Business Webstars B.V., regarding its Products & Services.

Date of the Publication 23/04/2021

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