Terms and Conditions
1. Definitions
These general terms and conditions apply to the services provided by Millionreferral, hereinafter referred to as Millionreferral, located at Horn 31, Lutjebroek, and registered with the Chamber of Commerce in Alkmaar under KvK 63202573.Client
The natural or legal person with whom the agreement for the supply of products and services from Millionreferral is concluded. Products and Services The products and services to be operated or supplied by Millionreferral, including the production, placement, and promotion of a website, the production of multimedia presentations, and all other supplementary and supporting products and services.
Agreement
Any mutual acceptance, oral, written, confirmed on the website with a digital form, or confirmed by electronic mail, for the supply of one or more products or services from Millionreferral.
Online promotion packages
The presence of the Client on the internet or comparable infrastructure facilities, as well as the related communication and transaction capabilities included therein.
2. Applicability
These General Terms and Conditions apply to all agreements and legal relationships between Millionreferral and the Client. Deviations from these General Terms and Conditions are only valid if expressly agreed upon in writing.
3. Offer and Acceptance
3.1 All offers and quotations made by or on behalf of Millionreferral are without obligation unless otherwise indicated in writing or by electronic mail.
3.2 An offer or quotation made by Millionreferral is valid for 14 days, unless otherwise specified.
4. Appointments
If the Client cannot meet the confirmed appointment due to hindrance, the Client must inform Millionreferral at least 24 hours in advance. If the Client fails to notify Millionreferral in a timely manner, the Client will be billed at the current hourly rate.
5. Duration and Termination
5.1 If the Client wishes to terminate the contract after signing the offer - without any default on Millionreferral's part - and no services have been provided by Millionreferral, the Client is always obliged to pay 50% of the agreed offer amount.
5.2 If the Client wishes to terminate the contract after signing the offer - without any default on Millionreferral's part - and Millionreferral has already provided services, the Client is always obliged to pay 100% of the agreed offer amount.
5.3 Millionreferral has the right to terminate the agreement with immediate effect without notice or judicial intervention if the Client has been declared bankrupt, applied for or obtained a moratorium on payments, or otherwise lost control over its assets. In such a case, the latter party is not entitled to any compensation. General Terms and Conditions Millionreferral
5.4 Notwithstanding the provisions of other articles, Millionreferral has the right to terminate the agreement with immediate effect and without judicial intervention if: a. The Client disseminates information that is in violation of (inter)national laws and regulations; b. The Client disseminates information that is discriminatory with regard to appearance, race, religion, gender, culture, origin, or can otherwise be considered offensive. 5.5 Before proceeding with production, reproduction, or disclosure, parties must allow each other the opportunity to inspect and approve the final models, prototypes, or proofs of the design. If the Contractor, whether or not on behalf of the Client, will give orders or instructions to production companies or other third parties, the Client must confirm the aforementioned approval in writing at the request of the Contractor.
6. Delivery and Delivery Time
6.1 Data and promotional materials necessary for the realisation of the assignment must be provided to Millionreferral by the Client within 15 days of the agreement being concluded.
6.2 If there is a risk of exceeding the agreed delivery time, this will be communicated as soon as possible. In case of force majeure on the part of Millionreferral, the term will be extended for the duration of that force majeure. Excessive exceeding of the agreed delivery time due to force majeure on the part of Millionreferral shall not constitute grounds for termination of the agreement. Millionreferral shall maintain its delivery obligation to the Client.
7. Maintenance and Faults
7.1 For maintenance purposes, Millionreferral may temporarily suspend (a part of) the website. Millionreferral will minimise this and, where necessary, communicate it in a timely manner, taking into account the circumstances of the case, unless this is reasonably impossible.
7.2 In the event of a malfunction in the functioning of a website by Millionreferral, the malfunction must be reported by or on behalf of the Client as soon as possible. Malfunctions will be investigated as soon as possible, but in any case within two working days after they have become known to Millionreferral, unless this is reasonably impossible within that period.
7.3 The costs for fault investigation and rectification may be charged to the Client if the fault has arisen due to actions or omissions in violation of the general terms and conditions or if the fault has arisen due to the Client's own actions. An alternative arrangement regarding cost sharing can be agreed upon with the Client.
8. Force Majeure
8.1 Force majeure with regard to the agreement is understood to mean everything that is understood in law and jurisprudence.
8.2 Millionreferral is not obliged to fulfil its obligations under the agreement if performance has become impossible due to force majeure.
9. Prices
9.1 All prices quoted by Millionreferral, as well as agreed prices, are exclusive of VAT unless otherwise stated.
10. Payment Terms
10.1 The payment obligation of the Client commences on the day the agreement is concluded.
10.2 The compensation due under the agreement is exclusive of VAT and any other charges arising from legal regulations. The Client is also liable for the fees arising from these conditions.
10.3 The due costs will be invoiced with an advance payment of 100% of the total invoice amount, unless otherwise agreed, and must be paid within 14 days from the invoice date; otherwise, Millionreferral reserves the right to suspend the assignment (temporarily).
10.4 If the Client believes that the charged costs are incorrect, the Client may submit objections to Millionreferral by registered letter within 8 working days from the date of the invoice. After receiving the objection, Millionreferral will conduct an investigation into the accuracy of the invoice amount.
10.5 Millionreferral employs a No-Refund policy. We do not provide refunds after purchase.
11. Intellectual Property and Ownership Rights
11.1 Unless otherwise agreed, all rights of intellectual property arising from the assignment - including patent rights, model rights, and copyrights - belong to the contractor. If such a right can only be obtained by a deposit or registration, only the contractor is authorised to do so.
11.2 Unless otherwise agreed, it is not part of the assignment to conduct research into the existence of rights, including patent rights, trademark rights, drawing or model rights, copyrights, or portrait rights of third parties. The same applies to any research into the possibility of such forms of protection for the client.
11.3 Unless the work is unsuitable for it, the contractor is always entitled to have his/her name mentioned on or with the work or to have it removed, and the client is not allowed to make the work public without mentioning the name of the contractor, without prior consent.
11.4 Unless otherwise agreed, the working drawings, illustrations, prototypes, models, designs, design sketches, films, and other materials or (electronic) files produced by the contractor in the context of the assignment, regardless of whether they have been handed over to the client or third parties, remain the property of the contractor.
11.5 After completion of the assignment, neither the client nor the contractor is obliged to keep copies of the materials and data used.
12. Liability
12.1 he contractor is not liable for: a. Errors or omissions in the material provided by the client. b. Misunderstandings, errors, or shortcomings in the execution of the agreement if they find their cause or origin in actions of the client, such as not providing timely or complete, sound, and clear information/materials. c. Defects in quotations from suppliers or for exceeding price quotations from suppliers.
12.2 The contractor is only liable for direct damage attributable to him/her. Direct damage is only understood to mean: a. reasonable costs for determining the cause and scope of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions. b. any reasonable costs necessary to have the defective performance of the contractor comply with the agreement. c. reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions. Liability of the contractor for all other damages, including indirect damages, consequential damages, loss of profit, mutilation or loss of data or materials, or damages due to business interruption, is excluded.
12.3 Except in cases of intent or gross negligence on the part of the contractor or the management of the contractor -excluding employees-, the liability of the contractor for damages arising from an agreement or an unlawful act committed against the client is limited to the invoice amount relating to the executed part of the assignment, reduced by the costs incurred by the contractor for engaging third parties, provided that this amount shall not exceed twice the invoice amount, and in any case shall always be limited to the maximum amount that the insurer will pay to the contractor in the relevant case.
12.4 Any liability shall lapse one month after the completion of the assignment.
12.5 The client is obliged, if reasonably possible, to retain copies of the materials and data provided by him/her until the assignment has been fulfilled. If the client fails to do so, the contractor cannot be held liable for damage that would not have occurred if these copies had existed.
13. Suspension
Millionreferral has the right to suspend (temporarily) delivered products and services and/or restrict their use if the Client fails to fulfil an obligation towards Millionreferral regarding the agreement or acts in violation of these general terms and conditions. Millionreferral will inform the Client in advance, unless this cannot reasonably be expected from Millionreferral. The obligation to pay the due amounts will continue to exist during the suspension.
14. Complaints
14.1 Regarding visible defects, the Client must submit a written complaint by registered mail within 8 days after delivery; otherwise, any claims against Millionreferral will be void.
14.2 Complaints regarding invisible defects must be made in writing by registered letter within 8 days after the defect has been discovered, could have been discovered, or should have been discovered. If this is not done, any claims against Millionreferral will be void.
14.3 If the complaint is justified, the delivered products or services will be adjusted or replaced after consultation.
14.4 Complaints do not suspend the Client's obligations.
15. Information Provision
15.1 Data and promotional materials necessary for the realisation of the assignment must be provided to Millionreferral by the Client within 15 days of the agreement being concluded. If the Client fails to do so, Millionreferral will inform the Client, unless this cannot reasonably be expected from Millionreferral. The obligation to pay the total invoice amount within 3 months from the conclusion of the agreement remains valid.
15.2 Millionreferral will treat confidentially all information obtained from the Client, from which the confidential nature can be understood from the nature of the information.
16. Amendment of the Terms
16.1 NMillionreferral reserves the right to amend or supplement these terms.
16.2 Changes also apply to already concluded agreements with a period of 30 days after written notification of the change.
16.3 If the Client does not wish to accept a change to these terms, the Client can terminate the agreement against this date or the date of receipt of the termination if this is after the effective date of the change.
17. Dispute Settlement and Applicable Law
17.1 f one or more articles of these terms are declared invalid by judicial decision, the other provisions of these general terms and conditions shall remain in full force, and Millionreferral and the Client shall consult in order to agree on new provisions to replace the invalid or annulled provisions, taking into account as much as possible the purpose and scope of
the invalid or annulled provisions.
17.2 Dutch law applies exclusively to the agreement.