Disclaimer
/ Terms and Conditions
Welcome to AzoresWeb.com owned and
operated by BESt Creatief, Netherlands. Please read these Terms
of Use and the accompanying
Privacy Policy carefully before using
this Website and/or submitting any personal information that could
identify you (including but not limited to name, address, telephone
number and email address). By using this Website, you signify your
agreement to these Terms of Use and the Privacy Policy.
Definitions
Visitor = any party accessing, visiting or making use of the AzoresWeb Site,
a part of the Site or the Information provided.
Information = data, information, special offers, materials, documents, images,
files, etc., on the AzoresWeb Site.
AzoresWeb Site = all pages, in whatever language, to which these Site Terms apply
and all pages, in whatever language, on which AzoresWeb refers to these Site
Terms.
Site Terms = the terms as described below.
Applicability
These Site Terms apply to the access of the AzoresWeb Site and use of Information
(including all special offers on the AzoresWeb Site and all AzoresWeb services)
. If the Visitor does not accept these Site Terms, the Visitor does not have
the right to make use of the AzoresWeb Site nor of the deals and services offered
by AzoresWeb.
AzoresWeb reserves the right to amend or change these Site Terms unilaterally
and without prior notice.
Ownership and intellectual
property rights
Unless stated otherwise, all rights, including all intellectual property rights,
to the AzoresWeb Site and the Information are owned by AzoresWeb.
The Information
may not be modified in any way and graphics may not be used separately
from the accompanying text. No part of the AzoresWeb Site may
be reproduced or stored in any other website or framed.This site
and the content provided in this site, including, but not limited
to, graphic images, audio, video, html code, buttons, and text,
may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, without the prior written
consent of AzoresWeb, except that you may download, display, and
print one copy of the materials on any single computer solely
for your personal, non-commercial use, provided that you do not
modify the material in any way and you keep intact all copyright,
trademark, and other proprietary notices.
The Visitor or a third party is not allowed, without prior written
authorization by AzoresWeb and other than by a hyperlink, to establish
a link, deep link or gateway between the AzoresWeb Site and any
other (Internet) site, (meta) search engine or computer network.
Any communication or material
you post or transmit to AzoresWeb over the Internet is, and will
be treated as, non-confidential and non-proprietary. Upon the
transmission of any personal information to AzoresWeb,
including but not limited to, name(s), address(es), telephone number(s),
e-mail address(es), identification number(s), etc. you expressly
grant permission to AzoresWeb, and its affiliates to use such information
for any lawful purpose wit respect ot our privacy
policy. By transmitting
or posting any communication or material to this site, you agree
that AzoresWeb and any of its affiliates may use your communication
as material for any purpose, including reproduction, transmission,
publication, broadcast and posting. AzoresWeb and any of its affiliates
will not have the responsibility to respond to messages posted
at this site. Furthermore, posting or transmittal of any unlawful,
threatening, libellous, defamatory, obscene, pornographic or profane
material or any material that could constitute or encourage conduct
that would be considered a criminal offence or violation of any
law is strictly prohibited.
Any other use than indicated above is prohibited. Any rights not
expressly granted in these Site Terms are reserved.
Limitation of liability
Even
though the AzoresWeb
aims to provide
correct Information,
we do not guarantee the accuracy and/or completeness of the Information
or of the AzoresWeb Site.
The Visitor is fully responsible
for the use of the Information and the Visitor himself/herself
shall check whether the Information is accurate and complete.
AzoresWeb accepts no responsibility for the content of any site
to which a hypertext link from this site exists. Such links are
provided for your convenience on an "as
is" basis with no warranty, express or implied, for the information
provided within them. Under no circumstances shall AzoresWeb be
liable for any damages arising from:
(a) the use or the contents of the AzoresWeb Site and/or the Information.
(b) the use or the contents of the Information on any site to which
a link has been established on the AzoresWeb Site or any site which
establishes a link to the AzoresWeb site;
(c) violation through (the use of) the AzoresWeb Site or the Information
on the rights of third parties.
If transactions between the Visitor and third parties come about
via the AzoresWeb Site, AzoresWeb is not involved in such transactions
whatsoever. These Site Terms do not apply to such transactions and
AzoresWeb is not liable in any way for damages resulting from such
transactions or the results of these transactions.
Whilst AzoresWeb endeavours to ensure that the AzoresWeb Site is
normally available 24 hours a day, AzoresWeb will not be liable
should, for whatever reason, the AzoresWeb Site be unavailable at
any time or for any period. Access to the AzoresWeb Site may be
suspended temporarily or permanently and without prior notice. AzoresWeb
reserves the right to, at any time and without stating reasons,
deny a Visitor or other party access to the AzoresWeb Site and reserves
the right to take technical measures to enforce this. AzoresWeb
shall not be liable for any damages resulting from this.
Part of
this site contains materials and information submitted to AzoresWeb
by third parties. Third parties are responsible for ensuring that
materials and information submitted directly or indirectly for inclusion
on this site complies with national and relevant foreign law. AzoresWeb
can not guarantee the accuracy of this material and hereby expressly
disclaims any responsibility for error, omission or inaccuracy in
the material, misinterpretation and any all loss, disappointment,
negligence or damage caused by reliance on the material contained
on this site or any failure or alleged failure in the delivery of
the services referred to herein, or in event of the bankruptcy,
liquidation or cessation of trade of any company, individual or
firm referred to herein. Confirmation of the accuracy and currency
of the information should be sought from the establishments concerned.
Equipment
The Visitor shall be responsible for the purchase, use and maintenance
of all telephone equipment, computer hardware and other equipment
needed to visit and usethe AzoresWeb Site. AzoresWeb shall not be
liable for any damages to the Visitor's equipment resulting from
the use of or visits to the AzoresWeb Site.
Personal
information
During the Visitor's visit to the AzoresWeb Site personal information
on the Visitor is collected and processed by AzoresWeb. AzoresWeb
Privacy Policy provides details on the collection and processing
of this personal information.
Advertisements and listings
By giving a
verbal or written order for the placement of an advertisement
or a listing on the website, including the yellow pages, the advertiser,
hereinafter referred to as the "client" accepts
these General Terms and Conditions to the exclusion of any General
Terms and Conditions of the client.
An order for the placement of an advertisement given
by the client to AzoresWeb, either verbally or in writing, shall
be binding for the client and cannot be revoked without the express
written permission of AzoresWeb. A placement order given by the client
and accepted by AzoresWeb shall be confirmed to the client in writing
by AzoresWeb. By furnishing this confirmation, AzoresWeb declares to the client
that AzoresWeb has received and accepted the client's order as specified
in the order confirmation. AzoresWeb shall only be bound by virtue of
this confirmation. With regard to Online Products, in the lack of
a confirmation on the part of AzoresWeb, the (monthly) invoice sent by
AzoresWeb shall be regarded as AzoresWeb's acceptance of the placement order.
AzoresWeb accepts
no responsibility towards neither the client nor any third party
for any texts, illustrations or other data provided to AzoresWeb
by or on behalf of the client and the inclusion of such material
in any directory and/or product in the electronic service. The
client indemnifies AzoresWeb for claims from any third party in
this respect, including exceptional costs to be incurred by AzoresWeb
in this connection. More particularly, the client indemnifies
AzoresWeb for claims from third parties arising from rights to
intellectual/industrial property in the broadest sense of the
term in connection with the publication by AzoresWeb in whatsoever
form of any texts, illustrations and/or other data provided to
AzoresWeb by or on behalf of the client.
Client is responsible for the correctness, completeness
and legality of listings, advertisements and /or other materials
and indemnifies AzoresWeb against any claims from third parties in this
respect.
All invoices for orders accepted by AzoresWeb must be paid
without discount or compensation within 30 days of the date of invoice,
unless any other term of payment is agreed in writing. If the confirmation
of the placement order and the invoice states that the client may
pay the total amount of the invoice in installments, the client,
at his discretion, will either pay the entire invoice sum within
30 days of the date of invoice, or pay the installments in question
on the due dates indicated for this purpose.
Payments shall be effected by transfer to the bank
or giro account of AzoresWeb, details of which are given on the order
confirmation and the invoice.
In the event of overdue payment of any amount by the
client to AzoresWeb, the client will be obliged to pay interest to AzoresWeb
at the rate of 1% per month over the amount due, with effect from
the due date up to the date on which full payment is effected, without
the need for any demand or notice of default. In calculating the
interest payment any one part of a month shall be taken as a full
month.
The advertisement and/or listing will be suspended
till full payment is recieved.
Duration of the agreement
Unless agreed otherwise, the agreement
for listings and advertisements on AzoresWeb shall
be entered into for 12 months. After the
term for which the order has been made, the agreement will be
renewed automatically with consecutive periods of one year, unless
the agreement has been cancelled after due notice is given. When
the agreement is renewed, the listings and advertisements will
automatically be placed according to the placement
agreement and will be invoiced at the usual rate with no special
one-off discount. The parties may cancel the agreement towards
the end of the then running 12-month period, observing a notice
period of three calendar months. After one year, the end of the
term of agreement shall be deemed to have been reached on the
15th day of the calendar month in which the first directory stipulated
in the placement order is published.
Unless otherwise agreed, the agreement for Online Products
shall be entered into for 12 months. After this term the agreement
will automatically be extended for an indefinite period. In such
a case, the parties may terminate the agreement in writing towards
the end of the first 12 months with due observance of a notice period
of 3 calendar months, or subsequently with due observance of a notice
period of 3 calendar months given as of the first day of every calendar
month.
If the duration of the operational period
of an Online Product is related to the number of clicks, impressions,
views, or any other such unit, the records of AzoresWeb is decisive for
the count.
If the client cancels the order, with
due observance of the provisions of the first article, the listing,
and possibly the advertisements placed on the site and yellow pages,
will remain active unless the client requests AzoresWeb to remove
the advertisement and lsiting before the end of the Agreement. AzoresWeb
will do everything possible to comply with such a request made by
the client to remove the listing and possibly the advertisement
notwithstanding the client's obligation to pay the agreed amounts
up to the end of the term of the order.
In the event of a breach of contract
on the part of the client, AzoresWeb has the right to dissolve the
agreement, either in whole or in part, after serving a written notice
of default which will offer the client a reasonable term for compliance,
notwithstanding AzoresWeb's other rights and without AzoresWeb being
liable for damages.
In the event
of (a temporary) suspension of payments, bankruptcy, the closing
down or liquidation of the client's business, AzoresWeb has the right
to dissolve this agreement, either in whole or in part, notwithstanding
AzoresWeb's other rights and without AzoresWeb being liable for damages.
Changes in the Terms and Conditions and tariffs
AzoresWeb is
free to amend these General Terms and Conditions and to change
the prices and tariffs at any time. AzoresWeb may increase it's
tariffs each calendar year with a maximum of 4% per year without
prior notice.
Changes or amendments shall also
apply with regard to existing agreements.
Governing law
and disputes
These Site Terms and any (other) agreement between the Visitor and
AzoresWeb shall be governed exclusively in accordance with the laws
of the Netherlands. Disputes, which are not settled amicably, shall
be submitted to the competent judge in the Netherlands. This does
not affect the right of a Visitor to appeal to local or international
regulation or treaty, exclusively as far as these are mandatory
provisions and these are applicable to the relation between AzoresWeb
and the Visitor.
The Visitor is responsible for compliance with any applicable laws
of the country from which the Visitor is accessing the AzoresWeb
Site.
If any of these Site Terms should be determined to be, fully or
partly, unlawful, void or otherwise unenforceable, then the parties
are considered to have agreed terms on the subject which, in intent
and result, are as close as possible to the terms determined unlawful,
void or otherwise unenforceable and which are lawful, valid and
enforceable. |