{"id":2500,"date":"2023-02-16T11:02:28","date_gmt":"2023-02-16T11:02:28","guid":{"rendered":"https:\/\/digitalcorner.nl\/?page_id=2500"},"modified":"2023-02-24T12:08:12","modified_gmt":"2023-02-24T12:08:12","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/digitalcorner.nl\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\n<p>These Terms of Service are a legally binding agreement between the party contracting for services (hereinafter referred to as the <strong>Client<\/strong>), and Digital Corner (hereinafter referred to as <strong>Digital Corner, we,<\/strong> <strong>our<\/strong> or <strong>us<\/strong>). By using any of the services offered by Digital Corner, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms of Service contained herein.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>1. Definitions &amp; Interpretation<\/strong><\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">1.1 In this Agreement, unless the context otherwise requires:<\/h3>\n\n\n\n<ul>\n<li><strong>Agreement<\/strong> means any agreement, in whatever form, reached between Digital Corner and the Client pursuant to which Digital Corner agrees to render Services to the Client. This Agreement comes into force when the Client places an order through the Website, or when the Client otherwise accepts the applicability of these Terms of Service.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Client<\/strong> is the party that engages the Services subject to these Terms of Service.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Digital Corner<\/strong> shall mean Digital Corner B.V., a limited liability company registered in accordance with the laws of the Netherlands, at Keurenplein 41, 1069CD Amsterdam, the Netherlands, with Chamber of Commerce number 86910876, and VAT number NL86414395B01.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Fee(s)<\/strong> means the amounts due to Digital Corner in consideration of the Services rendered.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Services<\/strong> means the services offered by Digital Corner, which include the creation, maintenance, and hosting of Websites, or any agreed digital marketing services.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Subscription<\/strong> means any use of the Services on an ongoing basis.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Website<\/strong> means the website created, maintained, and hosted by Digital Corner. &nbsp;<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>2. General Applicability and Amendment<\/strong><\/h2>\n\n\n\n<p>2.1&nbsp;These Terms of Service apply to all Services offered by Digital Corner, except where expressly indicated to the contrary.<\/p>\n\n\n\n<p>2.2&nbsp;You may not use the Services nor accept these Terms of Service if you are not of legal age or have the required legal capacity to form a binding contract with Digital Corner.<\/p>\n\n\n\n<p>2.3&nbsp;The use of the Services requires the unconditional acceptance by the Client of the applicability of these Terms of Service. It is the responsibility of the Client to read and understand the Terms of Service prior retaining any Services. If you do not agree to these Terms of Service, do not use any of our Services.<\/p>\n\n\n\n<p>2.4&nbsp;All Terms of Service used by the Client that are contrary to these Terms of Service are hereby rejected and therefore do not apply to the use of any Services by the Client.<\/p>\n\n\n\n<p>2.5&nbsp;Any personal data submitted by you to Digital Corner will be governed by our Privacy Policy.<\/p>\n\n\n\n<p><strong>Some of the terms and conditions vary depending on the service you are interested in. Click on the tab below with the name of the service that fits you.<\/strong><\/p>\n\n\n\n<div class=\"wp-block-uagb-tabs uagb-block-84eadaec uagb-tabs__wrap uagb-tabs__hstyle1-desktop uagb-tabs__vstyle6-tablet uagb-tabs__stack1-mobile\" data-tab-active=\"0\"><ul class=\"uagb-tabs__panel uagb-tabs__align-left\" role=\"tablist\"><li class=\"uagb-tab uagb-tabs__active\" role=\"none\"><a href=\"#uagb-tabs__tab0\" class=\"uagb-tabs-list uagb-tabs__icon-position-left\" data-tab=\"0\" role=\"tab\">Animated Videos<\/a><\/li><li class=\"uagb-tab \" role=\"none\"><a href=\"#uagb-tabs__tab1\" class=\"uagb-tabs-list uagb-tabs__icon-position-left\" data-tab=\"1\" role=\"tab\">Website Development<\/a><\/li><li class=\"uagb-tab \" role=\"none\"><a href=\"#uagb-tabs__tab2\" class=\"uagb-tabs-list uagb-tabs__icon-position-left\" data-tab=\"2\" role=\"tab\">Other Services<\/a><\/li><\/ul><div class=\"uagb-tabs__body-wrap\">\n<div class=\"wp-block-uagb-tabs-child uagb-tabs__body-container uagb-inner-tab-0\" aria-labelledby=\"uagb-tabs__tab0\">\n<h2 class=\"wp-block-heading\"><strong>3. Obligations and Rights of Digital Corner<\/strong><\/h2>\n\n\n\n<p>3.1&nbsp;Digital Corner shall complete the Services to the best of its knowledge and ability in accordance with the Agreement. However, Digital Corner only has a best effort obligation, not a results obligation.<\/p>\n\n\n\n<p>3.2&nbsp;Digital Corner shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.<\/p>\n\n\n\n<p>3.3&nbsp;If the Services as agreed need to be amended by Digital Corner due to a change in circumstances, whereby that change cannot be attributed to Digital Corner, Digital Corner may make any such amendments to the Services as it deems necessary. Any costs arising from or related to this change of circumstances will be fully borne by the Client.<\/p>\n\n\n\n<p>3.4&nbsp;Digital Corner shall be entitled to engage subcontractors to perform the Services under the Agreement, either in whole or in part. Digital Corner shall have these third parties enter into relevant confidentiality obligations. The Client may request information regarding these subcontractors\u2019 roles and expertise.<\/p>\n\n\n\n<p>3.5&nbsp;All files and materials related to the creation of the Videos shall be owned by Digital Corner. The Client may request the materials for additional fees.<\/p>\n\n\n\n<p>3.6&nbsp;If the Client requests Services which are not included in the Client\u2019s video package, Digital Corner is entitled to charge an additional Fee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>4. Obligations and Rights of the Client<\/strong><\/h2>\n\n\n\n<p>4.1&nbsp;The Client will ensure that all data, tools and information, of which Digital Corner has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to Digital Corner in a timely, complete and correct manner. If the information required for the implementation of the Agreement has not been provided as aforementioned, Digital Corner has the right to suspend the implementation of the Agreement and\/or to charge the Client the additional costs resulting from the delay, in accordance with the rates applied.<\/p>\n\n\n\n<p>4.2&nbsp;The Client shall duly inform Digital Corner of any facts and circumstances that may be relevant in connection with the execution of the Services. The Client shall guarantee the correctness, completeness, and reliability of relevant information provided to Digital Corner.<\/p>\n\n\n\n<p>4.3&nbsp;In order to access and use the Services, the Client may need to register and create an account with Digital Corner (the \u201cClient Account\u201d). The Client must provide accurate, current, and complete information in order to set up the Client Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Digital Corner has the right to suspend or terminate the Client Account with immediate effect.<\/p>\n\n\n\n<p>4.4&nbsp;The Client must maintain the confidentiality of the passwords and Client Account information and agrees to notify Digital Corner if the Client suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.<\/p>\n\n\n\n<p>4.5&nbsp;Digital Corner retains the right to, at its sole discretion, block any Client from using the Digital Corner website and\/or Services, or part thereof, for any reason, but including when the Client breaches these Terms of Service.<\/p>\n\n\n\n<p>4.6\u00a0For the creation of the initial Video for the Client, the Client shall be entitled to\u00a02 free revisions in each phase of the process. For every additional revision, Digital Corner is entitled to charge an additional Fee at is sole and absolute discretion.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>5. Fees and Expenses<\/strong><\/h2>\n\n\n\n<p>5.1\u00a0Upon entering into an Agreement under these Terms of Service, and subject to the provisions of Article 2, the Client enters into a legally binding payment obligation. The Client shall pay to Digital Corner the Fees in accordance with the Subscription selected by the Client.<\/p>\n\n\n\n<p>5.2 All prices include the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved.<\/p>\n\n\n\n<p>5.3\u00a0In the event that you are not completely satisfied with your package, we provide additional revisions for free. If you choose to terminate a project after the first stage begins, under no circumstances will Digital Corner give refunds of the amount paid for the Services. Refunds shall however only be granted if Digital Corner fails to provide the agreed Services.<\/p>\n\n\n\n<p>5.4\u00a0The Client shall pay each invoice submitted by Digital Corner before the first stage of the video creation starts.<\/p>\n\n\n\n<p>5.5\u00a0In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Client, the claims of Digital Corner are immediately due and payable.<\/p>\n\n\n\n<p>5.6\u00a0If the Client refuses to cooperate with the performance of the Agreement by Digital Corner, the Client is still obliged to pay the Fees.<\/p>\n\n\n\n<p>5.7\u00a0The Services are aimed at commercial entities and are therefore not subject to the EU distance selling regulations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>6. Limitation of Liability<\/strong><\/h2>\n\n\n\n<p>6.1&nbsp;To the maximum extent permitted by law, Digital Corner makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Digital Corner Services and\/or website.<\/p>\n\n\n\n<p>6.2&nbsp;Digital Corner is not liable for possible damage caused under these Terms of Service or under the Agreement, both by itself and by third parties, except in the case of intent or gross recklessness on the part of Digital Corner.<\/p>\n\n\n\n<p>6.3&nbsp;The liability of Digital Corner is at all times limited to (a) the maximum value of the Services performed in the 3 months prior to the damage occurring in the case of a subscription.<\/p>\n\n\n\n<p>6.4&nbsp;To the maximum extent permitted by law, Digital Corner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, loss of opportunity, loss of data, use, or goodwill, or any other intangible losses resulting from: (a) Client\u2019s use or inability to use our Services or (b) any conduct of any party other than Digital Corner itself.<\/p>\n\n\n\n<p>6.5&nbsp;The Client indemnifies Digital Corner against all claims from third parties for compensation of damage, including reasonable attorneys\u2019 fees and costs, in relation to the Services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>7. Intellectual Property<\/strong><\/h2>\n\n\n\n<p>7.1&nbsp;\u201cIntellectual Property Rights\u201d shall mean all patents, inventions, models, copyright, trademarks, business and domain names, rights in design, rights in software, moral rights, and any other intellectual property rights, whether registered or unregistered. Any pre-existing Intellectual Property Rights of either party made available for in connection with the provision of the Services shall remain vested in that party. The other party hereby receives a license to use those rights insofar necessary to perform or to enjoy the Services.<\/p>\n\n\n\n<p>7.2&nbsp;Unless agreed upon otherwise in writing, Digital Corner shall retain all rights and powers that accrue to it with regard to the Intellectual Property Rights in the works produced by it. The ownership of the works and the Services supplied by Digital Corner, such as ideas, concepts, scripts, texts, images, illustrations, designs, and anything else created by Digital Corner remains with Digital Corner. The aforementioned elements that form part of the works produced by Digital Corner may not be multiplied, reproduced, or modified without written permission.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>8. Confidentiality<\/strong><\/h2>\n\n\n\n<p>8.1&nbsp;Parties are obliged to maintain the confidentiality of all confidential information that they receive from the other party or from another source in the context of the Agreement.<\/p>\n\n\n\n<p>8.2&nbsp;Digital Corner shall at all times adhere to its confidentiality statement when handling any personal, confidential, or proprietary information regarding the Client or a Client Coachee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>9. Term and Termination<\/strong><\/h2>\n\n\n\n<p>9.1\u00a0The Agreement shall commence on the date these Terms of Service have been accepted and shall continue in full force and effect indefinitely, until terminated in accordance with these Terms of Service.<\/p>\n\n\n\n<p>9.3&nbsp;Digital Corner may terminate the Agreement immediately and without notice if the Client, consistently fails to meet its obligations under the Agreement, or if Digital Corner cannot reasonably be expected to continue the Agreement due to the Client\u2019s behavior.<\/p>\n\n\n\n<p>9.4&nbsp;Either party may terminate an Agreement prematurely without notice to the other party if:<\/p>\n\n\n\n<p>i.&nbsp;the bankruptcy of the other party is pronounced;<\/p>\n\n\n\n<p>ii.&nbsp;the other party applies for its own bankruptcy or suspension of payment;<\/p>\n\n\n\n<p>iii.&nbsp;a substantial part of the other party\u2019s assets is seized; or<\/p>\n\n\n\n<p>iv.&nbsp;the other party violates applicable laws or regulations, including (but not limited to) legislation relating to: criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption.<\/p>\n\n\n\n<p>9.5&nbsp;On termination of the Agreement for any reason, the Client shall immediately pay to Digital Corner any outstanding invoices.<\/p>\n\n\n\n<p>9.6\u00a0The Client shall not be entitled to receive any refund if the first stage of the video creation is already started.<\/p>\n\n\n\n<p>9.7&nbsp;Provisions herein which expressly or by implication survive termination shall continue in full force and effect.<\/p>\n<\/div>\n\n\n\n<div class=\"wp-block-uagb-tabs-child uagb-tabs__body-container uagb-inner-tab-1\" aria-labelledby=\"uagb-tabs__tab1\">\n<h2 class=\"wp-block-heading\"><strong>3. Obligations and Rights of Digital Corner<\/strong><\/h2>\n\n\n\n<p>3.1&nbsp;Digital Corner shall complete the Services to the best of its knowledge and ability in accordance with the Agreement. However, Digital Corner only has a best-effort obligation, not a results obligation.<\/p>\n\n\n\n<p>3.2&nbsp;Digital Corner shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.<\/p>\n\n\n\n<p>3.3&nbsp;If the Services as agreed need to be amended by Digital Corner due to a change in circumstances, whereby that change cannot be attributed to Digital Corner, Digital Corner may make any such amendments to the Services as it deems necessary. Any costs arising from or related to this change of circumstances will be fully borne by the Client.<\/p>\n\n\n\n<p>3.4&nbsp;Digital Corner shall be entitled to engage subcontractors to perform the Services under the Agreement, either whole or in part. Digital Corner shall have these third parties enter into relevant confidentiality obligations. The Client may request information regarding these subcontractors\u2019 role and expertise.<\/p>\n\n\n\n<p>3.5&nbsp;All files and materials related to the creation of the Website shall be owned by Digital Corner. Only when the Client has had an active Subscription for more than three years will the Client receive such files (although ownership shall remain with Digital Corner).<\/p>\n\n\n\n<p>3.6&nbsp;If the Client requests Services which are not included in the Client\u2019s Subscription, Digital Corner is entitled to charge an additional Fee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>4. Obligations and Rights of the Client<\/strong><\/h2>\n\n\n\n<p>4.1&nbsp;The Client will ensure that all data, tools and information, of which Digital Corner has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to Digital Corner in a timely, complete and correct manner. If the information required for the implementation of the Agreement has not been provided as aforementioned, Digital Corner has the right to suspend the implementation of the Agreement and\/or to charge the Client the additional costs resulting from the delay, in accordance with the rates applied.<\/p>\n\n\n\n<p>4.2&nbsp;The Client shall duly inform Digital Corner of any fact and circumstances that may be relevant in connection with the execution of the Services. The Client shall guarantee the correctness, completeness, and reliability of relevant information provided to Digital Corner.<\/p>\n\n\n\n<p>4.3&nbsp;In order to access and use the Services, the Client may need to register and create an account with Digital Corner (the \u201cClient Account\u201d). The Client must provide accurate, current, and complete information in order to set up the Client Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Digital Corner has the right to suspend or terminate the Client Account with immediate effect.<\/p>\n\n\n\n<p>4.4&nbsp;The Client must maintain the confidentiality of the passwords and Client Account information and agrees to notify Digital Corner if the Client suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.<\/p>\n\n\n\n<p>4.5&nbsp;Digital Corner retains the right to, at its sole discretion, block any Client from using the Digital Corner website and\/or Services, or part thereof, for any reason, but including when the Client breaches these Terms of Service.<\/p>\n\n\n\n<p>4.6&nbsp;For the creation of the initial Website for the Client, the Client shall be entitled to 5 revisions. For every additional revision, Digital Corner is entitled to charge an additional Fee at is sole and absolute discretion.<\/p>\n\n\n\n<p>4.7&nbsp;Every month, the Client shall be entitled to a specific number of hours of access to additional Services provided by Digital Corner, which number shall depend on the type of Subscription. Unused hours shall not roll-over for use during the next month.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>5. Fees and Expenses<\/strong><\/h2>\n\n\n\n<p>5.1&nbsp;Upon entering into an Agreement under these Terms of Service, and subject to the provisions of Article 2, the Client enters into a legally binding payment obligation. The Client shall pay to Digital Corner the Fees in accordance with the Subscription selected by the Client.<\/p>\n\n\n\n<p>5.2&nbsp;Subscriptions shall roll-over on either a or yearly monthly basis from the date on which the Client enters into the Subscription.<\/p>\n\n\n\n<p>5.3&nbsp;All prices include the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved.<\/p>\n\n\n\n<p>5.4&nbsp;Refunds shall only be possible for yearly payments, in an amount pro-rata to the remaining part of the Subscription year. Refunds shall however only be granted if Digital Corner fails to provide the agreed Services.<\/p>\n\n\n\n<p>5.5&nbsp;The Client shall pay each invoice submitted by Digital Corner within 30 days of the date of the invoice.<\/p>\n\n\n\n<p>5.6&nbsp;If the Client fails to pay any invoice by the due date for payment, Digital Corner may, without prejudice to any other rights:<\/p>\n\n\n\n<p>i.suspend provision of the Services until payment in full (including interest where applied) is received; and\/or<\/p>\n\n\n\n<p>ii. charge, at its own discretion, the maximum commercial interest (8%) on the sum outstanding.<\/p>\n\n\n\n<p>5.7&nbsp;If the Client remains in default for over 60 days, Digital Corner will proceed to recovery. The costs related to these proceedings will be borne by the Client. If the Client is declared in default, Client will be liable to Digital Corner, in addition to the principal sum, statutory (commercial) interest, (extra) judicial collection costs, attorney\u2019s fees, and possibly other damages.<\/p>\n\n\n\n<p>5.8&nbsp;In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Client, the claims of Digital Corner are immediately due and payable.<\/p>\n\n\n\n<p>5.9&nbsp;If the Client refuses to cooperate with the performance of the Agreement by Digital Corner, the Client is still obliged to pay the Fees.<\/p>\n\n\n\n<p>5.10&nbsp;The Services are aimed at commercial entities and are therefore not subject to the EU distance selling regulations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>6. Limitation of Liability<\/strong><\/h2>\n\n\n\n<p>6.1&nbsp;To the maximum extent permitted by law, Digital Corner makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Digital Corner Services and\/or website.<\/p>\n\n\n\n<p>6.2&nbsp;Digital Corner is not liable for possible damage caused under these Terms of Service or under the Agreement, both by itself and by third parties, except in the case of intent or gross recklessness on the part of Digital Corner.<\/p>\n\n\n\n<p>6.3&nbsp;The liability of Digital Corner is at all times limited to (a) the maximum value of the Services performed in the 3 months prior to the damage occurring in the case of a subscription.<\/p>\n\n\n\n<p>6.4&nbsp;To the maximum extent permitted by law, Digital Corner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, loss of opportunity, loss of data, use, or goodwill, or any other intangible losses resulting from: (a) Client\u2019s use or inability to use our Services or (b) any conduct of any party other than Digital Corner itself.<\/p>\n\n\n\n<p>6.5&nbsp;The Client indemnifies Digital Corner against all claims from third parties for compensation of damage, including reasonable attorneys\u2019 fees and costs, in relation to the Services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>7. Intellectual Property<\/strong><\/h2>\n\n\n\n<p>7.1&nbsp;\u201cIntellectual Property Rights\u201d shall mean all patents, inventions, models, copyright, trademarks, business and domain names, rights in design, rights in software, moral rights, and any other intellectual property rights, whether registered or unregistered. Any pre-existing Intellectual Property Rights of either party made available for in connection with the provision of the Services shall remain vested in that party. The other party hereby receives a license to use those rights insofar necessary to perform or to enjoy the Services.<\/p>\n\n\n\n<p>7.2&nbsp;Unless agreed upon otherwise in writing, Digital Corner shall retain all rights and powers that accrue to it with regard to the Intellectual Property Rights in the works produced by it. The ownership of the works and the Services supplied by Digital Corner, such as ideas, concepts, scripts, texts, images, illustrations, designs, and anything else created by Digital Corner remains with Digital Corner. The aforementioned elements that form part of the works produced by Digital Corner may not be multiplied, reproduced, or modified without written permission.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>8. Confidentiality<\/strong><\/h2>\n\n\n\n<p>8.1&nbsp;Parties are obliged to maintain the confidentiality of all confidential information that they receive from the other party or from another source in the context of the Agreement.<\/p>\n\n\n\n<p>8.2&nbsp;Digital Corner shall at all times adhere to its confidentiality statement when handling any personal, confidential, or proprietary information regarding the Client or a Client Coachee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>9. Term and Termination<\/strong><\/h2>\n\n\n\n<p>9.1&nbsp;The Agreement shall commence on the date these Terms of Service have been accepted and shall continue in full force and effect indefinitely, until terminated in accordance with these Terms of Service.<\/p>\n\n\n\n<p>9.2&nbsp;The Agreement may be terminated by the Client, for any reason, upon giving 15 days\u2019 written notice to Digital Corner prior to roll-over of the Subscription.<\/p>\n\n\n\n<p>9.3&nbsp;Digital Corner may terminate the Agreement immediately and without notice if the Client, consistently fails to meet its obligations under the Agreement, or if Digital Corner cannot reasonably be expected to continue the Agreement due to the Client\u2019s behavior.<\/p>\n\n\n\n<p>9.4&nbsp;Either party may terminate an Agreement prematurely without notice to the other party if:<\/p>\n\n\n\n<p>i.&nbsp;the bankruptcy of the other party is pronounced;<\/p>\n\n\n\n<p>ii.&nbsp;the other party applies for its own bankruptcy or suspension of payment;<\/p>\n\n\n\n<p>iii.&nbsp;a substantial part of the other party\u2019s assets is seized; or<\/p>\n\n\n\n<p>iv.&nbsp;the other party violates applicable laws or regulations, including (but not limited to) legislation relating to: criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption.<\/p>\n\n\n\n<p>9.5&nbsp;On termination of the Agreement for any reason, the Client shall immediately pay to Digital Corner any outstanding invoices.<\/p>\n\n\n\n<p>9.6&nbsp;The Client shall not be entitled to receive any refund for the remainder of the month (or other timeframe) during which the Client terminates a Subscription. The Client may continue to use the Services until the termination date.<\/p>\n\n\n\n<p>9.7&nbsp;Provisions herein which expressly or by implication survive termination shall continue in full force and effect.<\/p>\n<\/div>\n\n\n\n<div class=\"wp-block-uagb-tabs-child uagb-tabs__body-container uagb-inner-tab-2\" aria-labelledby=\"uagb-tabs__tab2\">\n<h2 class=\"wp-block-heading\"><strong>3. Obligations and Rights of Digital Corner<\/strong><\/h2>\n\n\n\n<p>3.1&nbsp;Digital Corner shall complete the Services to the best of its knowledge and ability in accordance with the Agreement. However, Digital Corner only has a best effort obligation, not a results obligation.<\/p>\n\n\n\n<p>3.2&nbsp;Digital Corner shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.<\/p>\n\n\n\n<p>3.3&nbsp;If the Services as agreed need to be amended by Digital Corner due to a change in circumstances, whereby that change cannot be attributed to Digital Corner, Digital Corner may make any such amendments to the Services as it deems necessary. Any costs arising from or related to this change of circumstances will be fully borne by the Client.<\/p>\n\n\n\n<p>3.4&nbsp;Digital Corner shall be entitled to engage subcontractors to perform the Services under the Agreement, either whole or in part. Digital Corner shall have these third parties enter into relevant confidentiality obligations. The Client may request information regarding these subcontractors\u2019 role and expertise.<\/p>\n\n\n\n<p>3.5\u00a0All files and materials related to the Services shall be owned by Digital Corner.<\/p>\n\n\n\n<p>3.6\u00a0If the Client requests Services which are not included in the agreed terms, Digital Corner is entitled to charge an additional Fee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>4. Obligations and Rights of the Client<\/strong><\/h2>\n\n\n\n<p>4.1&nbsp;The Client will ensure that all data, tools and information, of which Digital Corner has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to Digital Corner in a timely, complete and correct manner. If the information required for the implementation of the Agreement has not been provided as aforementioned, Digital Corner has the right to suspend the implementation of the Agreement and\/or to charge the Client the additional costs resulting from the delay, in accordance with the rates applied.<\/p>\n\n\n\n<p>4.2&nbsp;The Client shall duly inform Digital Corner of any fact and circumstances that may be relevant in connection with the execution of the Services. The Client shall guarantee the correctness, completeness, and reliability of relevant information provided to Digital Corner.<\/p>\n\n\n\n<p>4.3&nbsp;In order to access and use the Services, the Client may need to register and create an account with Digital Corner (the \u201cClient Account\u201d). The Client must provide accurate, current, and complete information in order to set up the Client Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Digital Corner has the right to suspend or terminate the Client Account with immediate effect.<\/p>\n\n\n\n<p>4.4&nbsp;The Client must maintain the confidentiality of the passwords and Client Account information and agrees to notify Digital Corner if the Client suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.<\/p>\n\n\n\n<p>4.5&nbsp;Digital Corner retains the right to, at its sole discretion, block any Client from using the Digital Corner website and\/or Services, or part thereof, for any reason, but including when the Client breaches these Terms of Service.<\/p>\n\n\n\n<p>4.6\u00a0For all the Services the number of free revisions will be predefined. For every additional revision, Digital Corner is entitled to charge an additional Fee at is sole and absolute discretion.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>5. Fees and Expenses<\/strong><\/h2>\n\n\n\n<p>5.1&nbsp;Upon entering into an Agreement under these Terms of Service, and subject to the provisions of Article 2, the Client enters into a legally binding payment obligation. The Client shall pay to Digital Corner the Fees in accordance with the Subscription selected by the Client.<\/p>\n\n\n\n<p>5.2&nbsp;Subscriptions shall roll-over on either a or yearly monthly basis from the date on which the Client enters into the Subscription.<\/p>\n\n\n\n<p>5.3&nbsp;All prices include the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved.<\/p>\n\n\n\n<p>5.4\u00a0Refunds possibility depends on the type of service. Any resources and costs already used by Digital corner are nonrefundable. Refunds shall however only be granted if Digital Corner fails to provide the agreed Services.<\/p>\n\n\n\n<p>5.5\u00a0The Client shall pay each invoice submitted by Digital Corner within 30 days of the date of the invoice except for the services that Digital Corner charges before the beginning of the project.<\/p>\n\n\n\n<p>5.6&nbsp;If the Client fails to pay any invoice by the due date for payment, Digital Corner may, without prejudice to any other rights:<\/p>\n\n\n\n<p>i.suspend provision of the Services until payment in full (including interest where applied) is received; and\/or<\/p>\n\n\n\n<p>ii. charge, at its own discretion, the maximum commercial interest (8%) on the sum outstanding.<\/p>\n\n\n\n<p>5.7&nbsp;If the Client remains in default for over 60 days, Digital Corner will proceed to recovery. The costs related to these proceedings will be borne by the Client. If the Client is declared in default, Client will be liable to Digital Corner, in addition to the principal sum, statutory (commercial) interest, (extra) judicial collection costs, attorney\u2019s fees, and possibly other damages.<\/p>\n\n\n\n<p>5.8&nbsp;In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Client, the claims of Digital Corner are immediately due and payable.<\/p>\n\n\n\n<p>5.9&nbsp;If the Client refuses to cooperate with the performance of the Agreement by Digital Corner, the Client is still obliged to pay the Fees.<\/p>\n\n\n\n<p>5.10&nbsp;The Services are aimed at commercial entities and are therefore not subject to the EU distance selling regulations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>6. Limitation of Liability<\/strong><\/h2>\n\n\n\n<p>6.1&nbsp;To the maximum extent permitted by law, Digital Corner makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Digital Corner Services and\/or website.<\/p>\n\n\n\n<p>6.2&nbsp;Digital Corner is not liable for possible damage caused under these Terms of Service or under the Agreement, both by itself and by third parties, except in the case of intent or gross recklessness on the part of Digital Corner.<\/p>\n\n\n\n<p>6.3&nbsp;The liability of Digital Corner is at all times limited to (a) the maximum value of the Services performed in the 3 months prior to the damage occurring in the case of a subscription.<\/p>\n\n\n\n<p>6.4&nbsp;To the maximum extent permitted by law, Digital Corner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, loss of opportunity, loss of data, use, or goodwill, or any other intangible losses resulting from: (a) Client\u2019s use or inability to use our Services or (b) any conduct of any party other than Digital Corner itself.<\/p>\n\n\n\n<p>6.5&nbsp;The Client indemnifies Digital Corner against all claims from third parties for compensation of damage, including reasonable attorneys\u2019 fees and costs, in relation to the Services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>7. Intellectual Property<\/strong><\/h2>\n\n\n\n<p>7.1&nbsp;\u201cIntellectual Property Rights\u201d shall mean all patents, inventions, models, copyright, trademarks, business and domain names, rights in design, rights in software, moral rights, and any other intellectual property rights, whether registered or unregistered. Any pre-existing Intellectual Property Rights of either party made available for in connection with the provision of the Services shall remain vested in that party. The other party hereby receives a license to use those rights insofar necessary to perform or to enjoy the Services.<\/p>\n\n\n\n<p>7.2&nbsp;Unless agreed upon otherwise in writing, Digital Corner shall retain all rights and powers that accrue to it with regard to the Intellectual Property Rights in the works produced by it. The ownership of the works and the Services supplied by Digital Corner, such as ideas, concepts, scripts, texts, images, illustrations, designs, and anything else created by Digital Corner remains with Digital Corner. The aforementioned elements that form part of the works produced by Digital Corner may not be multiplied, reproduced, or modified without written permission.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>8. Confidentiality<\/strong><\/h2>\n\n\n\n<p>8.1&nbsp;Parties are obliged to maintain the confidentiality of all confidential information that they receive from the other party or from another source in the context of the Agreement.<\/p>\n\n\n\n<p>8.2&nbsp;Digital Corner shall at all times adhere to its confidentiality statement when handling any personal, confidential, or proprietary information regarding the Client or a Client Coachee.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>9. Term and Termination<\/strong><\/h2>\n\n\n\n<p>9.1&nbsp;The Agreement shall commence on the date these Terms of Service have been accepted and shall continue in full force and effect indefinitely, until terminated in accordance with these Terms of Service.<\/p>\n\n\n\n<p>9.2&nbsp;The Agreement may be terminated by the Client, for any reason, upon giving 15 days\u2019 written notice to Digital Corner prior to roll-over of the Subscription.<\/p>\n\n\n\n<p>9.3&nbsp;Digital Corner may terminate the Agreement immediately and without notice if the Client, consistently fails to meet its obligations under the Agreement, or if Digital Corner cannot reasonably be expected to continue the Agreement due to the Client\u2019s behavior.<\/p>\n\n\n\n<p>9.4&nbsp;Either party may terminate an Agreement prematurely without notice to the other party if:<\/p>\n\n\n\n<p>i.&nbsp;the bankruptcy of the other party is pronounced;<\/p>\n\n\n\n<p>ii.&nbsp;the other party applies for its own bankruptcy or suspension of payment;<\/p>\n\n\n\n<p>iii.&nbsp;a substantial part of the other party\u2019s assets is seized; or<\/p>\n\n\n\n<p>iv.&nbsp;the other party violates applicable laws or regulations, including (but not limited to) legislation relating to: criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption.<\/p>\n\n\n\n<p>9.5&nbsp;On termination of the Agreement for any reason, the Client shall immediately pay to Digital Corner any outstanding invoices.<\/p>\n\n\n\n<p>9.6&nbsp;The Client shall not be entitled to receive any refund for the remainder of the month (or other timeframe) during which the Client terminates a Subscription. The Client may continue to use the Services until the termination date.<\/p>\n\n\n\n<p>9.7&nbsp;Provisions herein which expressly or by implication survive termination shall continue in full force and effect.<\/p>\n<\/div>\n<\/div><\/div>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>10. Miscellaneous<\/strong><\/h2>\n\n\n\n<p>10.1&nbsp;Relationship. Digital Corner and the Client shall at all times be independent contractors. Nothing in this Agreement shall render Digital Corner or the Coach to be an employee, agent, or partner of the Client, and the parties shall not form a joint venture or partnership.<\/p>\n\n\n\n<p>10.2&nbsp;Severability. In the event that one or more of the provisions in these Terms of Service are found to be wholly or partially invalid, the remaining provisions will remain in force. Digital Corner will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.<\/p>\n\n\n\n<p>10.3&nbsp;Modification. Digital Corner may unilaterally change these Terms of Service. The amended Terms of Service are immediately applicable to any Agreements entered into after the amendments have been implemented, and 30 days after written announcement of the amendment to the Client for previously existent Agreements.<\/p>\n\n\n\n<p>10.4&nbsp;Entire Agreement. Except as supplemented by additional Terms of Service, policies, guidelines or standards, these Terms of Service contains the entire legal understanding between Digital Corner and you and supersedes any and all prior or written and\/or oral understandings or agreements in relation to you access to and use of the Services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>11. Governing Law<\/strong><\/h2>\n\n\n\n<p>11.1&nbsp;Only the laws and regulations of the Netherlands will apply to the legal relationship between Digital Corner and the Client.<\/p>\n\n\n\n<p>11.2&nbsp;The court located in the city in which Digital Corner is seated is authorized (in the first instance) to take cognizance of any dispute between Digital Corner and the Client, unless otherwise required by law.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>These Terms of Service are a legally binding agreement between the party contracting for services (hereinafter referred to as the Client), and Digital Corner (hereinafter referred to as Digital Corner, we, our or us). 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