Welcome to Overflow Agency. These Terms and Conditions ("Terms") govern your access to and use of our website at www.overflow.nl ("Website") and the services we offer. By using our Website or services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
1. Definitions
- "Company", "we", "us", "our" refers to Overflow Agency.
- "Client", "you", "your" refers to any person or entity using our Website or engaging our services.
- "Services" refers to any services provided by Overflow Agency, including but not limited to marketing, branding, and consulting.
2. Use of the Website
2.1. Eligibility
You must be at least 18 years old to use our Website and services. By using our Website, you represent and warrant that you have the legal capacity to enter into and comply with these Terms.
2.2. User Conduct
You agree to use our Website and services only for lawful purposes. You shall not:
- Use the Website in any way that could damage, disable, overburden, or impair it.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
- Attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website.
3. Services
3.1. Service Agreement
Any services provided by Overflow Agency are subject to a separate written agreement between you and us. The terms of that agreement will take precedence over these Terms in case of any conflict.
3.2. Quotations and Proposals
All quotations and proposals provided by Overflow Agency are valid for 30 days from the date of issue unless otherwise stated. Acceptance of a quotation or proposal constitutes acceptance of these Terms.
3.3. Payment Terms
Payment terms will be specified in the service agreement. If not specified, all invoices are due within 14 days of the invoice date. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law.
4. Intellectual Property
4.1. Ownership
All content, design, text, graphics, and other materials on the Website are the property of Overflow Agency or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or otherwise use any of the content without our prior written consent.
4.2. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use.
5. Limitation of Liability
To the fullest extent permitted by law, Overflow Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the Website or services;
- Any unauthorized access to or use of our servers and/or any personal information stored therein;
- Any interruption or cessation of transmission to or from our Website;
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party;
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
6. Indemnification
You agree to indemnify, defend, and hold harmless Overflow Agency, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Website or your violation of these Terms.
7. Termination
We reserve the right to terminate or suspend your access to our Website or services, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Website, us, or third parties, or for any other reason at our sole discretion.
8. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Delft, Netherlands.
9. Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on this page, and we encourage you to review these Terms periodically. Your continued use of the Website after any changes constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Overflow Agency
Oude Delft 47, Delft, Netherlands
Email: jort@overflow.nl
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