Jolly Gecko Web Service - General Conditions
1. Purpose and legal validity of the General Terms and Conditions
1a These General Terms and Conditions apply to all agreements between Jolly Gecko Web Service (hereinafter referred to as Jolly Gecko) and its customers, and to all offers made by Jolly Gecko.
1b Products / Services can be purchased from Jolly Gecko if the customer is 16 years or older.
1c A special Hosting Policy is available for all customers who purchase a product from Jolly Gecko that is on the servers of Jolly Gecko, including the browsable publications and the landing page. The Hosting Policy, although stated separately, is an integral part of these General Terms and Conditions and therefore has the same legal validity. Customers who use the server capacity of Jolly Gecko are deemed to be aware of the content of the Hosting Policy.
1d Customers who use the Jolly Gecko Mailing Service must adhere to the codes described in Code advertising via e-mail (CODE E-MAIL) 2012. Violation of these codes will result in the landing page with accompanying scrollable publication (s) blocked without the right of a refund.
2a When these General Terms and Conditions refer to 'customer', it means: a natural or legal person in whose name an order has been placed with Jolly Gecko and / or to whom an offer has been / will be made by Jolly Gecko.
2b A 'payment period' is the period for which a customer has paid an amount in advance. Payment periods only occur for products and services that are not one-off, such as, but not limited to, subscriptions and maintenance contracts. The term 'payment period' is further discussed under points 9 and 10g in these General Terms and Conditions.
3. Conditions of the customer are excluded
The applicability of any purchase or other conditions of the customer is expressly excluded.
4a All agreements between Jolly Gecko and the customer and all offers of Jolly Gecko to the customer are governed by Dutch law.
4b All possible disputes arising from the agreements and offers referred to in the previous paragraph will be submitted to a competent court in the Netherlands, unless Jolly Gecko chooses to submit a dispute to another competent court.
5a All correspondence goes via email, including invoices and any payment reminders.
5b The customer is obliged to provide an email address to Jolly Gecko where he can receive mail; changes must be immediately communicated to Jolly Gecko in the manner prescribed by Jolly Gecko.
5c Mail sent to the customer's email address is deemed to have arrived.
6a All rights of intellectual or industrial property on all software or other materials developed or made available under an agreement rests with Jolly Gecko or its licensor (s). The customer obtains the right of use and the powers arising from the agreement.
6b Material supplied by the customer remains the property of the customer, unless expressly agreed otherwise in writing.
7. Third Party Rights
The Client guarantees Jolly Gecko that the order that the Client gives to Jolly Gecko does not in any way infringe any right of third parties. This includes the content of the landing page and publication.
8a By placing an order, a customer automatically becomes a member of the Jolly Gecko newsletter. This is the informative part of the Jolly Gecko website with a newsletter that is sent out several times a year and containing useful tips and tricks for anyone who has purchased a browsable publication and / or has hosted it on our domain flipby.click. After placing an order, a customer will automatically receive the latest edition.
8b All previous articles are available online.
8c You can unsubscribe from Jolly Gecko newsletter via an unsubscribe link in the magazine or email.
9. Payment periods
A payment period is the period for which a customer pays an amount in advance. An agreement between the customer and Jolly Gecko is entered into for the payment period that the customer can usually choose himself. After the expiry of that period, the agreement is always automatically and tacitly renewed with the same payment period, unless the customer has canceled before the start of the new period. The customer will therefore not be explicitly informed of the extension. The customer always has the option to change the payment period. The new pay period starts on the first day after the current pay period ends. For the sake of completeness, it should be noted that payment periods do not apply to one-off products and services such as, but not limited to, browsable publications.
10a By placing an order, a customer automatically agrees to receive invoices by email in PDF. Invoices are therefore not sent by post.
10b Complaints about invoices must be submitted within 14 days after the invoice has been sent.
10c After the expiry of the aforementioned term, the customer is deemed to agree with the received invoice.
10d If the customer acts on behalf of or on behalf of an association, foundation or company, the customer will at all times be held personally responsible for outstanding invoices, if it should appear that the customer was not authorized to do so at the time the assignment / order was placed. acting on behalf of the legal entity for which the agreement was entered into / the order was placed, or if the legal entity on whose behalf was signed waives its obligation to pay.
10th Ongoing matters, such as, but not limited to, subscriptions and maintenance contracts, are always automatically renewed. This rule can be deviated from in special cases, for example if there is payment arrears. If a customer wants to discontinue a product, this is possible at any time. However, a refund will only take place if the cancellation is made before the start of a new payment period. The customer is therefore obliged to pay the new invoice if he has canceled after the start of the new payment period.
10f If a customer wants to stop a continuous product as mentioned in 10e, this is possible at any time. However, this is only free of charge if the cancellation is made before the start of a new payment period. The customer is therefore obliged to pay the extension invoice if he cancels after the start of the new payment period.
10g If the customer stops a continuous product as mentioned in 10e within one month after the product has been extended by Flip Sevice, partial credit will take place after deduction of costs incurred.
10h Invoices must be paid at the latest on the final payment date stated on the invoice. If the full invoice amount is not received by Jolly Gecko after the final payment date, the customer is automatically in default without the need for formal notice of default.
10i If the customer is in default, he owes interest on the outstanding amount that is equal to the statutory interest. The collection costs also payable amount to 15% of the outstanding amount with a minimum of 200 euros (say two hundred euros).
10j In the event that Jolly Gecko has to incur costs to be able to collect the claim and those costs exceed the amount stated in the previous paragraph, the customer will also owe the additional amount to Jolly Gecko.
10k Jolly Gecko will send a first payment reminder by email if the customer has failed to pay an invoice. Also €15,- will be charged.
10l Jolly Gecko will send a second payment reminder if the customer does not respond in time to the request for payment stated in the first payment reminder. An additional €45 will be charged for this.
10m Jolly Gecko is at all times entitled to suspend or discontinue the service, or to make the product in question unusable, if the customer does not comply with the request for payment stated in the second payment reminder on time. Any resumption of services will only take place after the full outstanding amount has been paid, including additional costs.
11. Suspension / termination of services
11a Jolly Gecko reserves the right to suspend or stop the provision of services to the customer in the event of non-payment or late payment and / or violation of the General Terms and Conditions.
11b Suspension or discontinuation of the service does not release the customer from his obligation to pay the outstanding invoice (s) to Jolly Gecko
11c For suspension and / or termination of any service due to violation of one or more rules in these General Terms and Conditions, no compensation or refund will ever be made.
11d Jolly Gecko voluntarily submits to the Notice and Take Down Code of Conduct that has been drawn up by government, industry and interest groups - under the leadership of the NICC (National Infrastructure against Cybercrime). The code of conduct is considered to be part of these conditions.
12. Right to Refuse Services
Jolly Gecko has the right to refuse or cancel services at its own discretion.
13. Disclaimer 1
13a By placing an order, the customer indemnifies Jolly Gecko against all possible legal proceedings, fines and so on, which could be the result of placing the order and the activities that result from it.
13b The Client indemnifies Jolly Gecko against all liability for the late and / or incorrect recording, extension, request or registration of a product, such as, but not limited to, browsable publication or the landing page.
14. Price increase
If Jolly Gecko increases the price of a continuous product, as referred to in paragraph 10g, the customer will be given the time to find another provider or another product during the period for which it has been paid, with a minimum of 3 months. Until then, he pays the old price.
The following rules apply to cancellations:
- If hosting of a browse bar publication is canceled within 30 days after ordering, the amount paid for this package so far will be fully refunded and the invoice (s) credited. If it is canceled after the first 30 days, no refund will be made.
- No refunds will be given for publications that are not hosted on our server but sent to the customer to place on their own server.
16. Change of General Terms and Conditions
Jolly Gecko is at all times entitled to change the General Terms and Conditions without notifying the customer directly. Publication on the Jolly Gecko website is sufficient for this. It is up to Jolly Gecko to determine whether the change will also be communicated directly to the customer.
17. Resolutive conditions
Jolly Gecko is entitled to dissolve an agreement without notice of default or judicial intervention if:
- the customer is or has been declared bankrupt;
- the customer applies for a suspension of payments;
- the customer has been granted a moratorium on payments;
- customer loses authority over (part of) his assets due to seizure or another cause;
- Jolly Gecko has valid reasons to doubt the ability of the customer to (timely) fulfill his obligations;
- customer acts in violation of one or more of these conditions.
18. Disclaimer 2
Jolly Gecko is not responsible for any damage that the customer may suffer. Jolly Gecko does not give any guarantees for damage resulting from the use of its services. This includes, but is not limited to, loss of data resulting from delays, non-arrival, or incorrect delivery, and any disruption of services caused by Jolly Gecko and its personnel.