General Conditions
Zynergie is a trademark of Gravisie BV.
These are the General Terms of Conditions of Zynergie for participation in the use of Zynergie's services ("Participants")
1. These Conditions apply to all in the context of the offers, tenders and contracts between Zynergie and participants ('Participants'). Any exceptions to these conditions shall be valid only if expressly agreed in writing language. Purchasing, delivery or other requirements of Participants are explicitly rejected.
2. The program is about SMS services or reverse billing and micro payments. Participants deliver correct and complete personal data and other information necessary for the Program. Provided username and password by Participants are strictly personal and should be kept secret. Participants are responsible for abuse of a username and password and will inform Zynergie immediately concerning any loss, theft and / or abuse.
3. Zynergie has the right to refuse Participants for the Program without justification in the case of abuse or the incorrect or incomplete information. Information will be stored and processed in accordance with the Personal Data Protection Law.
4. All quoted prices, unless otherwise agreed, are excluding VAT and other government taxes, as well as possible extra costs as for example shipping, handling and administration costs. Fixed prices and offers may be amended by Zynergie if the offer or bid or any part of this is a mistake made by Zynergie and will be reasonable adjusted.
5. Zynergie will excecure the program to the best knowledge and ability and in accordance with the requirements of good craftsmanship and the currently known state of scientific and technical information. Joining the program include an effort commitment by Zynergie. All time limits and dates are always objectives, unless expressly agreed otherwise in writen language. Zynergie is not in default unless we receive a written notice and receive a reasonable period for restoration. Zynergie has the right that work or services can be performed by third parties.
6. Participants provide all the information, which is necessary for carrying out the Program. Particpants comply with the rules of Opta and the code of conduct for SMS services. Participants indemnify Zynergie for damage caused by acts in violation of these rules and code.
7. Participation the program for an indefinite period of time and can be given notice to within a period of 30 days. If there is a fixed contract for a period of time the content of this contract is binding.
8. All payments to Zynergie must be made within 14 days after the invoice date, within a currency stated by Zynergie. Objections to the amount of bills will not suspend the payment. Participants are not authorized to claim off the invoices sent by Zynergie. If Participants default in payment within the period of 14 days, the Participants is in default.
9. Complaints about the context of the services must be reported by the Participants to Zynergie within 8 days of discovery. There must be a detailed description of the shortcoming, so Zynergie will be able to respond adequately. If a complaint is well founded, the Program will be started by Zynergie again, except when Participants can prove that doing so is useless. Participants must give notice of this in written language.
10. Participants are not allowed to use the supplied material for the acts and / or conduct in conflict with applicable legal provisions, the guidelines of the Advertising Code Commission, the agreement of these Terms and Conditions. These include, but are not limited to, the following acts and practices:
- Spamming: sending unsolicited bulk messages with the same content and / or unsolicited large numbers of newsgroups on the internet posting a message with the same content;
- Infringement of copyright or otherwise acting in breach of intellectual property rights of third parties;
- Deception of third parties;
- Abuse of the text, logo or information Zynergie;
- Offering not owned products or services without permission;
- Offering of products or services that are not legal;
11. Zynergie is empowered to suspend or cancel obligations if Participants not or not fully comply whit the rules. Furthermore Zynergie and Participants are authorized to terminate delivery of the Program when Participants are bankruptcy or are in suspension of payment or will be declared bankrupt. At any time of dissolution and / or termination and Zynergie already implemented the programm, this performance and the related commitment can not be canceled. The amounts Zynergie has invoiced before the termination of the programm are due to payment immediately.
12. Without previous notice Zynergie has the right to immediately terminate the programm if:
a. the Participants is in deficit of payment or acts against these General Tems of Conditions;
b. the Participants acts contrary to public policy or morality or in any way is offensive or violent;
c. Zynergie might be damaged;
d. the Participants or the affiliate program acts unlawful against Zynergie and / or third parties.
13. Zynergie will make every effort for the availability of the Program, but does not guarantee the full, permanent and full availability of the Program. In particular Zynergie is not responsible for the availability of third party telecommunications faculties required for sending SMS messages. If Zynergie might be liable for any damage, then this liability is limited to what is covered in this article. Outside the cases mentioned in this article no liability rest on zynergie for damages regardless of the grounds on which an action for damages will be based. The total liability of Zynergie is limited to compensation for direct loss up to the amount of the program stipulated price or fee over a period of up to 6 months, with a maximum of 5,000 euro. Zynergie is never liable for indirect damage, including consequential damages, lost profits, lost data, lost savings and damage due to business stagnation.
14. Participants indemnify Zynergie against claims of third parties relating to rights of intellectual property provided by the Participants. Participants indemnify Zynergie for any claims by third parties in connection with the implementation of the Program and which is due to the Participants.
15. Both parties are bound to secrecy of all confidential information provided. Information is confidential if the Participants has notified this or when it arises from the nature of the information.
16. All rights of intellectual or industrial property under the Program developed, delivered or made available, including websites or software, or documents such as reports, advice, designs, sketches, drawings, software, and preparatory material, are owned by Zynergie or its licensors, unless expressly agreed otherwise in writen language. To the Participants is only temporary use of rights granted.
17. This Agreement may not be qualify as an agency agreement or a similar contractual business agreement.
18. This agreement is subject to Dutch law. The court in Amsterdam shall have exclusive jurisdiction to hear disputes arising from or related to agreements between Zynergie and Participants.
19. If the agreement for any reason is terminated:
- Zynergie is entitled to access the Participants account to block;
- Participants can not claim any credits;
- Participants removes content of his / her site immediately;
- Participants are no longer entitled to use the name Zynergie.
20. The Participants realizes that Zynergie is dependent on IT companies, telecom companies and mobile network operators for sending SMS messages. For this reason, Zynergie only affect the delivery and transmission of SMS messages within the technical constraints imposed by these companies. Zynergie will do its utmost to send the message as soon as possible to the recipient. Zynergie is not in a position to ensure maximum delivery time, because these times depend on various network and system-related factors of the various entities involved in the transport of the SMS message, the GSM network.
21. SMS content:
- The customer takes full responsibility for the content of SMS messages sent by itself, its customers or third party on his request.
- The customer shall comply with all local laws and regulations applicable to the content and intent of SMS messages sent by him. The customer is liable for all consequences and costs arising from violation of such laws and regulations.
- The client should refrain from sending SMS messages containing offensive, violent, pornographic or discriminatory or other illegal content.