TERMS AND CONDITIONS
1. The company "Y-Track Consulting" (hereinafter the Company) on the one hand, registered in the Chamber of Commerce under the number 72467835, created in the Netherlands at Langestraat 122B, 1211HC Hilversum.
2. The buyer of the services offered by the Company (hereinafter the Buyer), on the other hand, hereinafter referred to separately as the Party, and together the Parties in accordance with these General Terms and Conditions (hereinafter the Terms).
3. Additional information about the Company:
Legal Address: Langestraat 122B, 1211HC Hilversum
Tel: +31 62 168 1332
Chamber of Commerce Number (KVK): 72467835
IBAN: NL91 ABNA 0828 4119 99“Y-Track Consulting”
1. Through an offer and acceptance on the Company’s website, the Parties inform about the application of these Terms, through the use of the Company’s website and the agreement that the Parties entered into when sending the order, or by ordering the service by e-mail to the Company. These Terms apply to future relationships between the Parties.
2. These Terms apply to all offers and agreements, in accordance with which the Company provides services to the Buyer.
3. Oral statements, promises or agreements are not legally binding unless they have been confirmed in writing by the Company.
4. Additions to these Terms are valid only if they are agreed in writing between the parties. Other conditions of the Buyer are rejected.
5. Third parties involved in the implementation of the agreement may also refer to these Terms.
6. If one or more part of the provisions of these Terms is not applicable, other provisions of these Terms shall continue to apply.
7. These Terms are transmitted digitally at any time and are available on the Company's website, and they can also be provided in writing at the written request of the Buyer.
8. The Company has the right to amend or supplement these Terms.
9. Acceptance of the Terms takes place on the Company's website by clicking on a special information box, or when placing an order on the website of the Company or upon a written request from the Buyer to the Company with the order.
3. Offer and Agreement
1. Each offer for the cost of the Company's services is indicated on the website of the Company and is complete and unconditional, unless the Company informs otherwise in writing.
2. All offers are valid only if special offers or discounts do not apply to them.
3. The prices indicated on the website or in any form of proposal include VAT and are subject to taxes and other mandatory fees according to Dutch law.
4. All information about services provided by the Company in the texts, drawings, photographs and other types of description provided is a model. A slight deviation from what is indicated on the website does not lead to deficiencies in the implementation of the Company's agreement.
5. The prices indicated on the website are not automatically applied to further orders.
6. An agreement with the Buyer is concluded only after the acceptance of his order by the Company. The company has the right to refuse the order or add certain conditions, unless expressly provided otherwise. If the Order is not accepted, the Company will notify the Buyer within 3 (three) business days after contacting.
7. The buyer reimburses the Company for reasonable costs of providing services.
8. Price agreements are subject to change. All information on current prices for services is indicated on the Company's website.
9. The results of the Company's services are digital content and are sent to the Client via an Internet connection. At the same time, there are no physical information carriers.
12. The Company guarantees that the services provided comply with the Conditions, specifications indicated on the Company's website, reasonable requirements for reliability and ease of use.
13. Services may change and supplement from time to time. The changes do not give the right to review the amount of compensation for already paid services.
14. The company may temporarily withdraw its website from use or temporarily restrict access to it, if necessary or irresistible, for example, due to maintenance. This does not give any right to any compensation or refund already paid.
15. For all agreements between the Company and the Buyer under these Terms, Dutch law applies. Disputes arising from the legal relationship between the Buyer and the Company are referred to the competent court of the area where the Company is registered or to the competent court in The Hague.
4. Responsibilities and Obligations
1. The company is not liable for any direct or indirect damage resulting from the provision of the service, information provided during the provision of the service, other interaction or its absence or (incorrect) use of the information if there is no legal flaw, criminal intent or gross negligence.
2. Any financial liability of the Company is limited to the agreed value indicated on the website of the Company and / or on the invoice.
3. The buyer must provide all the necessary information or data that the Company requires to complete the task.
4. The company undertakes to make efforts to provide the service in the best possible way, but does not give any guarantees that the Buyer will draw the correct conclusions on its basis or achieve its intended results.
5. The company commits itself to exerting efforts to fulfill orders accepted for work.
6. The company undertakes to provide information in a clear and understandable structured form.
7. The liability of the Company at any time is limited in cases where the Buyer's actions are the result of malicious intent or negligence, direct or bodily harm, data distortion and any other actions leading to moral damage or additional expenses of the Company.
5. The Procedures for the Provision of Services
1. The website of the Company provides an opportunity to place and pay for an order for the provision of services. Ordering on the Company's website is intended for legal entities and individuals.
2. Services are provided with the possibility of placing an order by filling out the proposed forms or by means of a written request from the Buyer to the Company. At the same time, such a written request means that the Buyer accepts all the Conditions and confirms his consent to cooperate with the Company.
3. To provide services to the Buyer, it is necessary to provide the information necessary to complete the order.
4. The result of the service is sent to the email address specified by the Buyer when placing the order.
5. The company accepts and processes orders promptly, upon receipt, but no later than 30 business days, unless a different deadline is previously agreed.
6. The risk of damage and / or loss of the result of the service is transferred to the Buyer from the moment of sending it by e-mail to the address indicated when placing the order, but if necessary the Company is ready to resend the result on the basis of a written request from the Buyer.
7. When placing an order, an agreement is concluded between the Buyer and the Company and the agreement on cooperation within the framework of these Terms is confirmed.
8. Payment for services is carried out on the Company's website or in any other way at the buyer's choice.
9. Orders for the services of the Company are accepted online on the website of the Company at any time. An order is considered accepted after the registration and payment of the order.
10. The buyer has the opportunity to contact the Company through all possible communication channels indicated on the website of the Company.
11. Any changes in the procedure for the provision of services is the subject of separate written agreements between the Parties.
12. Unless otherwise agreed, payment for the service is preliminary.
13. In the absence of an executed order, the Buyer is obliged to check the debiting of money from his account. If the money was not debited, the payment was not successful and the service order should be repeated. If in case of payment of the order the amount is not received within 5 days, the order is automatically canceled. It is also important to verify that the result of the service being performed by the Company does not fall into the spam section of the Buyer's mailbox.
6. Order Cancellation or Order Change
1. Taking into account that the service is performed in digital content format, the Buyer cannot cancel or change the order after it has been placed and paid, since work on the execution of the order by the Company begins immediately.
7. Complaints and Dispute Resolution
1. The Buyer has the right to file a complaint on any issue regarding interaction with the Company.
2. Complaints must be submitted in full, clearly defined and submitted in writing to the Company, as soon as possible, but no later than within 14 calendar days from the date of its appearance.
3. Within 14 calendar days from the receipt of the complaint, the Company will respond to the complaint and propose a solution where possible.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises.
5. The following procedure is used to resolve disputes:
- in case of complaints, the Buyer must first contact the Company and report a problem;
- if the problem cannot be resolved during the mutual consultation, the Buyer has the opportunity to contact an independent intermediary in the Netherlands by sending a request to the address www.webwinkelkeur.nl;
- if no solution is found, the Buyer has the opportunity to contact The Netherlands Independent Disputes Committee, which is appointed to review the complaint
6. The complaint does not suspend the obligations of the Company or the Buyer, if any.
1. The company provides services that are subject to intellectual property rights. They are:
- website www.ytrack.net;
- services and everything related to the preparation, provision, as well as the result of their provision.
2. The website and services of the Company contain many elements of intellectual property of both the Company and its partners. Examples include drawings, photographs, texts and graphic design of web pages and any information provided at any stage of the service.
3. For all Internet users, including Buyers, the following restrictions on the use of intellectual property apply:
- it is not allowed to save in electronic form or otherwise copy any elements of the pages of the website or pages of text within the framework of the ordered service;
- replicate the results of the Company's work or post them on the Internet with open or limited access to any information, including reports, working methods, advice, projects, conditions or other information. Also, Buyers are not allowed to provide third parties with information obtained as part of preliminary negotiations, as part of an order or after providing a service for any commercial purpose, except when it was previously authorized in writing by the Company.
- it is not allowed to duplicate, post in limited or public access any fragments of text and graphic design of the website and services of the Company;
- it is not allowed to post hyperlinks to in such a way that the Internet user can see the Company's website in a frame from another Internet page;
- it is not allowed to use the so-called "deep links" to certain parts of the Company's website;
- it is forbidden to use the website in such a way as to affect in any way the proper functioning of the website of the Company, the information provided therein or the underlying software.
4. All intellectual property works shown on the Company's website or provided during the provision of services, for example, texts, images or videos, cannot be reproduced without prior written permission from the Company. If there is a suspicion that this happened, the Company has the right to terminate cooperation with an unscrupulous Buyer and restore its damage in accordance with the law.
5. Full or partial reproduction is prohibited without the written permission of the owner of this intellectual property.
9. Force Majeure
1. The term Force Majeure in these Terms means everything specified in Dutch law and case law. In addition, all external causes, whether or not specified in the Terms, including strikes, interruptions in the supply of energy, fire or government measures, are accepted.
2. In Force Majeure circumstances, the obligations of the Company are terminated. If Force Majeure circumstances are present for more than one month, or if there are other circumstances that prevent the Company from fulfilling its obligations, the Company has the authority to terminate the entire agreement or partially, notifying the other Party without judicial intervention and without obligation to pay any compensation to in such a case.