1. Webshop Guru Limited
1. Webshop Guru Limited, hereinafter referred to as: “User”, has its registered office at (1118BG) Schiphol, at Schiphol Boulevard 127 (firstname.lastname@example.org) and registered in the Trade Register under number 72518847 and with VAT -number NL859137703B01.
2. The aim of the user is to provide visitors to her/his website https://cryptocointraders.org/, hereinafter referred to as: “Other Party” by means of a digital guide to set up bots that can automatically trade for you. For this, the User makes a user-friendly version available for a fee. The user only provides a digital tool and cannot guarantee that the bot is actually profitable. A fixed fee is charged for the download of the guide.
1. These terms and conditions apply to every offer, quotation and agreement between the User and a Counterparty to which the User has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2. The present terms and conditions also apply to agreements with the User, for the implementation of which the User must involve third parties.
3. These general terms and conditions are also written for the employees of the User and its management.
4. The applicability of any purchase or other conditions of the Other Party is expressly rejected.
5. If at any time one or more provisions in these general terms and conditions are wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The User and the Other Party will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
6. If there is a lack of clarity regarding the interpretation of one or more provisions of these general terms and conditions, the explanation must be given ‘in the spirit’ of these provisions.
7. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
8. If the User does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. .
3. Quotations and offers
1. All quotations and offers from User are without obligation. A quotation or offer lapses if the service to which the quotation or offer relates is no longer available in the meantime.
2. The User cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
3. The prices stated in a quotation or offer include VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless indicated otherwise.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise.
5. A composite quotation does not oblige the User to perform part of the assignment for a corresponding part of the stated price.
6. Offers or quotations do not automatically apply to future orders.
4. Contract duration, implementation terms, transfer of risk, implementation and amendment of the agreement, price increase
1. The agreement between the User and the Other Party is entered into for a one-off service, i.e. downloading the guide, unless the nature of the agreement dictates otherwise or if parties expressly agree otherwise in writing.
2. If a term has been agreed or specified for the completion of certain activities or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give User written notice of default. User must be offered a reasonable term to still implement the agreement.
3. At all times, including before the user starts its services or at the time of the performance of the services, the Other Party is obliged to identify itself towards the user on first request in the manner required by the user. The User is entitled to check the identity of the Other Party.
4. The Other Party immediately provides the User with all data and documents that the User indicates, by means of the guide and the explanations herein, that they are necessary or of which the Other Party should reasonably understand that they are necessary for the correct execution of the agreement.
5. Use by the Other Party of the User’s guide is personal. The Other Party is not permitted to use the guide on behalf of another party and thereby to submit a surcharge application on behalf of another party, unless the Other Party has express authorization from that other party and provides a legally valid authorization at the User’s first request.
6. User has a best efforts obligation. User cannot be held liable for obtaining or not obtaining a certain profit. Market conditions may change, which are beyond the User’s control.
7. If the User agrees on a fixed price with the Other Party, the User is nevertheless entitled at all times to increase this price without the Other Party being entitled in that case to dissolve the agreement for that reason, if the price increase results. from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when the agreement was entered into.
8. If the price increase, other than as a result of an amendment to the agreement, exceeds 10% and takes place within three months after the conclusion of the agreement, then only the Other Party who is entitled to invoke Title 5 Section 3 of Book 6 of the Dutch Civil Code is entitled to dissolve the agreement by means of a written statement, unless the User is then still prepared to perform the agreement on the basis of what was originally agreed, or if the price increase results from an authority or an obligation resting on the User under the law or if it has been stipulated that the delivery will take place more than three months after the purchase.
5. Digital exchange of data and security
1. With the services provided by the User, data is digitally exchanged between the Other Party and the User, and by using the services of the User with the consent of the Other Party, also between the User and the body where the application is submitted.
2. The User’s guide is only an informative tool to set up a bot with the relevant parties. The guide does not provide any advice and the Other Party cannot derive any rights from the guide and its contents. If it can be deduced from the User’s guide that the Other Party is entitled to a (certain) profit, this is only indicative.
3. The User makes every effort to protect its digital environment as well as possible against viruses, hacks, et cetera. However, the user cannot guarantee that any data theft is excluded. The User is not responsible for data theft, unless there is intent or gross negligence on the part of the User.
4. When using the service, the other party itself must ensure the security of the hardware, software, internet connection and digital environment.
5. When using the User’s guide, the Other Party is responsible for ensuring that hardware and software are compatible with that guide.
6. Confidential information, data and privacy
1. The Other Party is aware of providing confidential information, including personal data, to the User for the purpose of providing services.
2. The User undertakes to treat the information provided by the Other Party confidentially and not to provide it to third parties other than in the context of the performance of the service, or if provision to third parties is permitted on the basis of these general terms and conditions or if the law or any other government regulation that the User requires.
3. The User will process the data provided by the Other Party for the Other Party in the context of work agreed between the parties. The Other Party agrees that the User will keep the information provided by the Other Party for the fulfillment of the agreement as well as as evidence in connection with the manner of execution of the agreement. The information will not be used for any other purpose, not even for commercial purposes, unless the Other Party has expressly consented in advance to the use of his or her data for this deviating (commercial) purpose.
4. The User will take security measures when processing and storing the data provided.
5. In any processing of personal data of the Other Party, the User will act in accordance with the Personal Data Protection Act and other applicable laws and regulations regarding the protection of personal data.
6. At the first request of the Other Party, the User will provide insight into the data that the User of the Other Party keeps.
1. The Other Party is prohibited from using the guide for a purpose other than that for which it is intended or to misuse the guide. committing any form of fraud with or through the User’s guide is prohibited.
2. Fraud with or while using the guide, which also includes identity fraud, can lead to criminal prosecution or the imposition of administrative sanctions.
3. If the User suspects or notices that there is a violation of article 1 of this article and/or that there is fraud with/in the use of the guide, the User can report this to the competent authorities or notify the relevant body(ies).
8. Suspension, dissolution and early termination of the agreement
1. User is authorized to suspend the fulfillment of the obligations without first requiring a notice of default or to dissolve the agreement, if:
– the Other Party does not fulfill the obligations under the agreement, does not comply fully or on time, including the timely and complete supply of the required data and/or information.
– if, for whatever reason, the SEPA direct debit at the Other Party fails or if another method of payment has been agreed, the Other Party does not otherwise fulfill its payment obligation;
– circumstances that have come to the attention of the User after the conclusion of the agreement give the User good grounds to fear that the Other Party will not fulfill its obligations, or the User has good reasons to assume or suspect that the Other Party will not use the User’s service for the purpose for which it is intended. it is intended for or misuses the service, for example by knowingly taking a fraudulent action;
– the Other Party was requested when concluding the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
– due to the delay on the part of the Other Party, the User can no longer be expected to fulfill the agreement under the originally agreed conditions.
2. Furthermore, the User is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected of the User. are required.
3. If the agreement is dissolved, the User’s claims against the Other Party are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his rights under the law and the agreement.
4. The Other Party is never entitled to a refund in the cases referred to in paragraph 1 of this article, not even if the User suspends its obligations or dissolves the agreement for that reason.
5. If the User proceeds to suspension or dissolution, he is in no way obliged to compensate damage and costs incurred in any way.
6. If the dissolution is attributable to the Other Party, the User is entitled to compensation for the damage, including the costs, incurred directly and indirectly as a result.
7. If the Other Party does not fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, the User is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Other Party, due to breach of contract, is obliged to pay compensation or indemnification.
8. If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Other Party. This unless the termination is attributable to the Other Party. If the transfer of the work entails additional costs for the User, these will be charged to the Other Party. The Other Party is obliged to pay these costs within the aforementioned term, unless the User indicates otherwise.
9. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment – if and insofar as the attachment is not lifted within three months – at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party cannot can longer freely dispose of its assets, the User is free to terminate the agreement with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the User’s claims against the Other Party are immediately due and payable.
10. By completing the online form and (after payment) sending the online inquiry form for submission, the User’s service is also directly used. The user therefore immediately fulfills its obligations. The Other Party expressly agrees to the direct performance of the services by the User, which also excludes the Other Party’s right to dissolve under Article 6:230o of the Dutch Civil Code.
9. Force majeure
1. The user is not obliged to fulfill any obligation towards the other party if he is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted is at his expense.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which the User cannot exercise any influence, but as a result of which the User is unable to fulfill its obligations to come. Strikes in the company of the User or of third parties included. User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after User should have fulfilled his obligation. Force majeure also includes a bug in the User’s guide or if, due to circumstances beyond the User’s control, no use or uninterrupted use of the User’s guide can be made for some time,
3. User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
4. Insofar as the User has partially fulfilled or will be able to fulfill his obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, the User is entitled to fulfill or fulfill the obligations already fulfilled. will be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.
10. Payment and collection costs
1. Payment is made in the manner indicated by the User.
2. User can, among other things, determine that payment is made by direct debit. In that case, this is done by means of a one-off authorization from the Other Party to the User for a SEPA direct debit, in which the Other Party is responsible for a sufficient balance on the specified payment account. The Other Party will truthfully provide the User with all information requested by the User in connection with the direct debit.
3. As long as the amount owed has not been collected from the Other Party, the User is not obliged to provide any services.
4. If the SEPA direct debit fails for whatever reason, the User can inform the Other Party about this by e-mail and request that the amount owed be paid to the User by bank transfer. If the amount owed is not received within 7 days, the User reserves the right to dissolve the agreement, without prejudice to the Other Party’s indebtedness of the fee.
5. The Other Party is never entitled to set off the amount owed by it to the User.
6. Objections to the amount of an invoice do not suspend the payment obligation. The Other Party who cannot invoke Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
7. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if the User has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs owed.
1. If the User should be liable, this liability is limited to what is regulated in this provision.
2. The user has a best efforts obligation in the performance of its services and the user cannot guarantee that guide will provide a profitable situation. This partly depends on circumstances that are outside the User’s sphere of influence. Therefore, the user is never liable for damage suffered by the other party as a result of the total or partial rejection of a surcharge requested via the user.
3. The User is not liable for damage, of whatever nature, caused by the fact that the User relied on incorrect and/or incomplete information provided by or on behalf of the Other Party.
4. The Other Party can no longer invoke a shortcoming on the part of the User if the Other Party has not complained to the User about that shortcoming in writing and with reasons within 14 days after the Other Party has discovered or should reasonably have discovered the defect.
5. The Other Party’s authority to invoke a shortcoming on the part of the User will in any event lapse after one year at the latest after the User has completed the work.
6. If the User should be liable for any damage, the User’s liability is limited to a maximum of €500 per claim.
7. The User’s liability is in any case always limited to the amount of the payment from his insurer where case.
8. User is only liable for direct damage.
9. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the defective performance of the User. to have the agreement fulfilled, insofar as these can be attributed to the User and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
10. User is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption, or damage as a result of data theft.
11. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial subordinates.
1. The Other Party indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than the User.
2. The Other Party also indemnifies the User against any claims from the body where the application has been or will be submitted or from third parties such as the competent authorities if the Other Party consciously or unconsciously supplies incorrect information in connection with the application or acts fraudulently, including, for example, a claim for reimbursement of unjustified surcharge or other possible sanctions that may result.
3. If the User should be addressed by third parties for this reason, the Other Party is obliged to assist the User both in and out of court and to do everything that may be expected of him in that case without delay. If the Other Party fails to take adequate measures, the User is entitled to do so itself, without notice of default. All costs and damage on the part of the User and third parties that arise as a result will be entirely at the expense and risk of the Other Party.
13. Intellectual property
1. The User’s guide is the (intellectual) property of the User.
2. The service provided by the User means that the Other Party may only use the guide.
3. All texts, logos, images on the user’s website and the domain name are the (intellectual) property of the User.
4. The Other Party is not permitted to use, reproduce or disclose logos, trade names and other intellectual property rights of the User (or of third parties engaged by the User) without the User’s permission.
14. Applicable law and disputes
1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an agreement is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The court in the User’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the User has the right to submit the dispute to the competent court according to the law.
15. Location and amendment of terms and conditions
1. These terms and conditions have been filed with the Chamber of Commerce under Chamber of Commerce number 72518847.
2. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the User is always applicable.