Terms of Services
Article 1: Definitions
1. Under socialboost in these general conditions shall mean the contractor is registered at the Chamber of Commerce of under number 17246301, and principal place of business in Veghel. Also owner of the platform and the website socialboost.nl
2. client: the natural or legal person, who has entered into an agreement with social boost, a package through the platform has abated, create a campaign or publishing via the platform or to whom social boost has released a quote to which these general terms and conditions are explained.
3. under the platform is in these terms and conditions shall mean the Web site on which the client can create campaigns and live can put on the various Social Media websites.
4. under packages means the different packages which client can order for making the offered campaigns.
5. Social Media: social media is referred to in these terms and conditions, online websites where users provide the content itself. Characteristic is the interaction and dialogue between the various users. Thought can be (but not limited to) to:
Twitter, Facebook and YouTube.
6. under participant is meant: the natural or legal person who participates in the campaign of the principal.
7. campaign: This means the offered actions and pages that are created on the platform and via tabs on the Facebook account be published.
8. Agreement: all, in relationship with the client, used by social boost agreements to which these conditions apply.
Article 2: Applicability
1. these general terms and conditions are applications in all offers, agreements and packages by social boost, as well as on the implementation thereof, in so far as they relate to the use of the service made available by social boost.
2. by accessing, using, browsing, creating an account, logging into the platform, ordering the packages offered and/or by putting a live tab, campaign or welcome page through the platform agrees in principal with the application of these terms and conditions.
3. by using the client platform agrees with these terms and conditions.
4. If one or more provisions of these general terms and conditions be void or be destroyed in whole or in part, the agreement for the other in the circumstances and will stand by agreement between the client and social boost immediately be replaced by a term that is as close as possible to the spirit of the original clause.
5. Situations not listed in this general conditions are regulated, should be assessed ' in spirit ' of these terms and conditions.
6. lack of clarity about the interpretation or content of one or more provisions of these general terms and conditions, must be interpreted to the spirit of these terms and conditions.
7. social boost is at all times entitled to change the general terms and conditions or supplement. Minor changes or additions may at any time be implemented. Major substantive changes or additions are with the client, in advance, discussed.
8. If social boost not always strict adherence to these conditions requires, this does not mean that its provisions do not apply, or that social boost to any degree would lose the right to in other cases to demand strict compliance with these terms and conditions.
Article 3: Quotations and Offers
1. each offer or quotation is released without any obligation, unless in the quotation or offer an acceptance term is provided.
2. If no acceptance deadline, then to the quotation or offer in no way only right binding.
3. a sent quotation or offer is valid up to 14 days after the date, unless social boost indicates otherwise.
4. If the client accepts a quote has the right social boost to the offer within 2 working days after acceptance.
5. social boost cannot be held to his quotes or offers if the client can reasonably understand that the quotation or offer, or part thereof, contains an obvious mistake or error.
6. If the acceptance of the quotation or offer differs from the offer in the tender then social boost shall not be bound by it. The agreement is not in accordance with said deviating acceptance, unless social boost indicates otherwise.
7. quotations or offers do not automatically apply to future agreements.
Article 4: The use of the platform
1. the use of the platform are supplemented by the general terms and conditions apply, which in this article is determined.
2. If the client log in the first time he explicitly gives permission on the platform that social boost has access to:
-The General data of the client;
-The e-mail address of the client for the purpose of receiving email messages from social boost;
-Managing tabs on the Facebook pages of the client; -Statistics of the Facebook pages of the client.
3. the information necessary to log are stored. The stored data are only intended for the client to be able to optimally operate and support. The stored data are used for information purposes only on the website of social boost but will not be sold or provided to any third party.
4. social boost cannot guarantee and does not accept any liability that the platform is free from computer viruses or is hacked.
5. social boost shall at all times have the right to a notification or the sale of a package to refuse on the platform.
6. it is forbidden to pornographic, racist or other walking jogging or misleading information in a campaign to set up. If the client publishes such information in a campaign, then social boost has the right at all times to remove this information and the client to deny access to the platform.
7. the client is solely responsible for its social media account. If a client start a campaign with incorrect data or an incorrect account, then has the right to claim any damages social boost.
8. social boost has the right, unilaterally and without explanation, a client who unlawfully uses the platform to remove the deny access or irrevocably.
9. the client used the platform not for any illegal or unauthorized purpose.
10. as to the nature of the services is subject to the rules, policies and social boost technology of the social media websites. If it's related to rules, the policy and technology of the social media websites social boost is necessary, is at all times entitled to adapt the platform and/or modifications.
Article 5: Campaigns
1. the client assumes all responsibility for the actions and campaigns that he carried out on the platform and partner websites.
2. when making client campaigns automatically gives permission that certain personal data are saved.
3. when publishing a campaign the client is obliged to each campaign conditions that apply for the campaign. Client is solely responsible for the appropriate conditions required and to mention in the campaign.
4. social boost has the right at all times to refuse a campaign if the client publishes to the appropriate campaign no conditions.
5. it is forbidden to pornographic, racist or other walking jogging or misleading information in a campaign to set up. If the client publishes such information in a campaign, then social boost has the right at all times to remove this information and to deny client access to the platform.
6. the client will determine the duration of the campaign.
7. social boost is not liable for any incorrect information in a campaign. Client is solely responsible for the correct and complete information in a campaign.
8. the client shall ensure that information, video images, illustrations, photographs are free of copyright. Social boost to is never liable for information that is not free of copyright.
9. If the client connects to a price or discount participating in a campaign than the client is also obliged to issue this price or discount or to grant. Social boost to is never responsible for making available the price or granting the discount.
10. complaints about not awarding any prize or failure to provide a discount should always be made by participants at the client.
11. as to the nature of the services is subject to the rules, policies and social boost technology of the social media websites. If it's related to rules, policies and technology of the social media websites social boost is necessary, is at all times entitled to adjust the offered campaigns and/or change. Also social boost reserves the right to remove certain campaign possibilities.
Article 6: Packages
1. the client may choose one of the SocialBoost.nl via the platform packages.
2. packages referred to in paragraph 1, these general conditions apply, supplemented by the conditions of this article.
3. only the owner and/or operator of the social media page can order a package.
4. the owner and/or operator is solely responsible for his/her social media account. If the owner and/or operator has given permission that a person other than the owner and/or management itself can make use of his/her account, is that not the responsibility of social boost.
5. the offered packages are contracted for 12 months. It shall be tacitly renewed for additional 12 months thereafter, unless the client in compliance with the package has denounced the provisions set out below.
6. After the tacit granting is the package every month notice has to be given.
7. cancellation must be made in writing via email or post.
8. Invoicing shall be carried out by e-mail immediately after purchase of the package via SocialBoost.nl.
9. the client must pay the invoice within 14 days of receipt.
10. at the request of the client may also be sent by post the invoice.
11. will be charged the total amount due for the chosen package duration. The prices are exclusive of VAT (21%).
12. unsuccessful campaigns gives the client the right to cancel the package early. Social boost does not provide any guarantee for the success of a campaign.
13. as to the nature of the services is subject to the rules, policies and social boost technology of the social media websites. If it's related to rules, policies and technology of the social media websites is necessary, is
Social boost at all times entitled to adjust the contents of the packages and/or change. Such changes give the client does not have the right to terminate the package early.
14. If the client fails to comply with the provisions of these general conditions and the access to the platform is denied, is a refund of the prepaid package money not possible.
15. the client may increase interim the package through the platform. Lowering the package is not allowed in the interim.
Article 7: Payment and collection costs
1. Payments must be made within 14 days of the invoice date, on a by social boost to give way.
2. billing is done by e-mail immediately after ordering the package. At the request of the client may be sent by post the invoice.
3. objections against the height of the invoice not suspend the fulfilment of the payment obligation on. 4. If the principal does not pay in a timely manner, the client is in default by operation of law and social boost has the right, after giving notice to the client at least once she has to pay, without further notice of default from the due date on the invoiced amount, the statutory interest rate referred to in article 119, book 6 of the Dutch civil code due to the date of payment in full, to charge.
5. all reasonable extrajudicial costs incurred arise as a result of collection of the claim shall be borne by the client. In any case, the client shall owe the collection costs.
6. the client is also about the due collection costs interest. 7. extrajudicial costs are calculated in accordance with what is usual practice in the Dutch collection. At the moment, that is the calculation method according to the report For work II.
Article 8: Force majeure
1. social boost is not obliged to fulfil any obligation if prevented from doing so as a result of a circumstance that is not due to the fault, and, by virtue of law, a legal act or generally accepted for her account.
2. force majeure shall be understood in these terms and conditions, in addition to in the law and jurisprudence, all external causes, foreseen or unforeseen, which cannot have any influence but which prevents social boost social boost is unable to meet its underwriting liabilities. Strikes in the company by including social boost or third parties.
3. social boost has the right, during the period that the force majeure lasts to suspend its obligations. If this period lasts longer than 1 month, then both the client and social boost shall be entitled to dissolve the agreement without any obligation to pay the damages to the other party.
4. the client has after that in case of force majeure on the side of social boost the right to cancel the order in writing.
5. social boost is not responsible for force majeure situations as strikes at the postal service, telephone service, internet service provider (ISP) or power failure.
6. social boost is not responsible for force majeure situations with the server.
7. social boost is not responsible for force majeure situations as strikes at the social media websites which campaigns are not published.
Article 9: Intellectual property
1. the website SocialBoost.nl and the platform including, but not limited to text, software, graphics, images, templates, video images, illustrations and other material, are the property of social boost. Client agrees to comply with all applicable copyright laws and additional copyright restrictions.
2. the client is forbidden copies of SocialBoost.nl or the platform to third parties without the prior written consent of social boost.
3. social boost reserves the rights and powers for that to her is entitled under the Copyright Act.
Article 10: Liability
1. the liability of social boost is limited to what on this subject in this article is settled.
2. it falls within the responsibility of the client to ensure the presence of the correct data. Social boost accepts no liability for consequences that arise are incorrect information supplied by the client or for any damages that arise as a result.
3. social boost is ever responsible for the availability, accessibility and/or referred to (technical) amendments to the social media websites.
4. social boost shall not be liable for any damage or loss caused by or in connection with use of or reliance on the content by, on social media websites.
5. social boost to is never liable for any kind of damage caused by social boost client campaign has removed that pornographic, racist and other jogging or misleading information.
6. social boost is not liable for failure to comply with the applicable rules and/or policies of the social media websites. Client is responsible to inform themselves about the rules and policies of such social media websites.
7. social boost is for no damage liable that the client has suffered due to not publish campaigns that are contrary to the provisions of these terms and conditions is provided.
8. the client may not claim damages because of the denial of access to the platform.
9. social boost can ever be held liable due to adapt, modify or remove the platform, packages etc.
10. social boost is only liable for direct damage. Direct damage is only in these terms and conditions shall mean:
-Reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions.
-The reasonable costs incurred to prevent or limit the damage, to the extent that the client demonstrates that these costs have led to the limitation of direct damage as meant in these terms and conditions.
11. social boost is not liable for indirect damage. Under indirect damage means:
-Loss of profits.
-Damage due to business stagnation or other.
12. If social boost liable for damage, then the liability is limited to twice the invoice amount.
13. a claim for damages shall, not later than 12 months after the client has discovered or reasonably can discover the damage had to have been filed, at social boost. Failing that, the right to compensation.
14. social boost is to never be liable in cases of force majeure referred to in article 7 of these general terms and conditions.
Article 11: Applicable law
1. On all contracts, invoices, quotations, and packages are subject to Dutch law.
2. in all disputes relating to the agreements, invoices, offers and packages will do a job on the right parties first, after they have committed to do its utmost to settle a dispute in mutual consultations.
3. disputes between social boost and the client which has not been a solution can be reached by mutual agreement, shall be submitted to the competent court in the District of social boost.
4. the parties have the right to submit the dispute to an independent arbitration