General Terms and Conditions Dating Sites
The private company with limited liability Dating Sites trading under the name Dating Sites (hereinafter: Dating Sites) is registered with the Chamber of Commerce under number 77890620 and has its registered office at Oslo 30 (2993 LD) in Barendrecht.
Article 1 – Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise.
2. Offer: any offer or quotation to the Customer for the provision of Services by Dating Sites.
3. Services: Dating Sites searches for one or more subscription forms on various dating sites for Client and provides (free) (dating site) proposals for erotic chatting with fictitious profiles on these dating sites.
4. Service Provider: The private company with limited liability Dating Sites, incorporated under Dutch law, established in the Netherlands and offering Services to the Client hereinafter: Dating Sites.
5. Customer: the natural person not acting in the exercise of a profession or business who has appointed Dating Sites, has granted projects to Dating Sites for Services performed by Dating Sites, or to whom Dating Sites has made a proposal under an Agreement.
6. Agreement: any Agreement and other obligations between Customer and Dating Sites, as well as proposals by Dating Sites for Services provided by Dating Sites to Customer, which are accepted by Customer and have been accepted and executed by Dating Sites with which these General Terms and Conditions form an indissoluble whole.
Article 2 – Applicability
1. These general terms and conditions apply to every Offer made by Dating Sites, every Agreement between Dating Sites and Client and to every service offered by Dating Sites.
2. Before a Contract is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Dating Sites will indicate to the Client in what way the Client can inspect the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, deviation from the general terms and conditions is possible insofar as this has been explicitly agreed in writing with Dating Sites.
4. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
5. The Client’s general terms and conditions are excluded.
6. If one or more provisions of these general terms and conditions are null and void or annulled in part or in whole, the other provisions of these general terms and conditions shall remain in effect, and the null and void provision(s) shall be replaced by a provision having the same purport as the original provision.
7. Uncertainties about the content, explanation or situations not provided for in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If these general terms and conditions refer to she/he, this should also be understood as a reference to he/she/it, if and insofar as applicable.
10. In the event that Dating Sites has not always demanded compliance with these general terms and conditions, it shall retain its right to demand compliance with these general terms and conditions in whole or in part.
11. The general (terms of use) of the dating site in question shall apply accordingly to these general terms and conditions.
Article 3 – The Offer
1. All Offers made by Dating Sites are non-binding, unless explicitly stated otherwise in writing. If the Offer is valid in a limited way or under specific conditions, this will be explicitly stated in the Offer.
2. Dating Sites has the right to refuse the Agreement with a (potential) Client for a reason justified for Dating Sites.
3. The Offer shall contain a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any details in the offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Completion times in the offer of Dating Sites are in principle indicative and when exceeded do not entitle Client to dissolution or damages, unless explicitly agreed otherwise.
Article 4 – Realisation of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Dating Sites by filling in data through the Dating Sites website and Dating Sites has confirmed the Client’s request.
2. Dating Sites has the right to revoke the (signed) Agreement within 5 working days after receiving the acceptance.
3. Dating Sites is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or slip of the pen.
4. If the Client cancels an order that has already been confirmed, the actual costs already incurred (including time spent) will be charged to the Client.
5. Any Agreement entered into with Dating Sites or any project awarded to Dating Sites by the Client shall rest with the company and not with any individual person associated with Dating Sites.
6. The Client has a right of withdrawal during the statutory period of 14 days, unless Dating Sites has already commenced the Services with the Client’s consent. The Client waives its right of withdrawal by means of this consent.
7. If the Agreement is entered into by several Clients, each Client shall be jointly and severally liable for the fulfilment of all obligations arising from the Agreement.
Article 5 – Duration of the Agreement
1. The Agreement is entered into for a fixed period of time. The duration of the assignment shall also depend on external factors including, but not limited to, the quality and timely delivery of the information that Dating Sites obtains from the Client.
2. Both the Client and Dating Sites may dissolve the Agreement on the grounds of an attributable failure in the performance of the Agreement if the other party has been given notice of default in writing and has been given a reasonable period to perform its obligations and it still fails to perform its obligations properly. This also includes the Customer’s payment and cooperation obligations.
3. The dissolution of the Agreement shall not affect the Client’s payment obligations insofar as Dating Sites has already performed work or delivered services at the time of the dissolution. The Client shall pay the agreed remuneration.
4. The parties may terminate the Agreement with an e-mail with immediate effect.
5. In the event of early termination of the Agreement, the Client shall owe Dating Sites the costs actually incurred up to that time at the agreed (hourly) rate. The time registration of Dating Sites will be leading in this.
6. Both the Client and Dating Sites may terminate all or part of the Agreement in writing with immediate effect and without further notice of default if one of the parties has been granted a suspension of payments, a petition for bankruptcy has been filed or the company concerned ends its business activities through liquidation. If a situation as mentioned above occurs, Dating Sites is never obliged to restitute already received money and/or compensation.
Article 6 – Execution of the service
1. Dating Sites will make every effort to perform the agreed service with the utmost care as may be required of a good service provider. Dating Sites guarantees a professional and independent service. All Services are performed on the basis of an obligation to perform to the best of one’s ability, unless a result has been explicitly agreed upon in writing and described in detail.
2. The Agreement on the basis of which Dating Sites performs the Services is leading for the scope and extent of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Dating Sites and the prices are based. Dating Sites has the right to adjust its Services and its prices if the information provided turns out to be incorrect and/or incomplete.
4. When performing the Services, Dating Sites is not obliged or required to follow the Client’s instructions if this changes the content or scope of the agreed Services. If the instructions result in further work for Dating Sites, the Client is obliged to pay the additional additional costs accordingly on the basis of a new quotation.
5. Dating Sites is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment require this, Dating Sites will keep the Client informed of the progress in the interim via the agreed method.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for a possible fixed planning. Under no circumstances is Dating Sites liable for adjusting the planning. If the start, progress or delivery of the Services is delayed because, for example, the Client did not provide all requested information or did not do so in time, or not in the desired format, does not provide sufficient cooperation, any advance payment was not received in time by Dating Sites, or because of other circumstances, which are for the account and risk of the Client, there is a delay, Dating Sites is entitled to a reasonable extension of the delivery period. All damages and additional costs resulting from a delay due to a cause as mentioned above will be at the expense and risk of the Client.
8. Dating Sites will inform the Client that the Client will be referred to third party websites and that Dating Sites will only assist the Client in finding a dating site that best suits the Client’s needs.
9. Dating Sites informs Client that the chatting on these websites takes place exclusively with fictitious profiles as referred to by the Authority Consumer and Market. Physical appointments with these fictitious profiles are therefore not possible.
10. Dating Sites offers the Client the possibility to take away his access to the website of Dating Sites as well as the access to the dating websites in case Dating Sites or one of the affiliated dating websites is of the opinion that the Client needs to be protected against his own online behaviour. In that case, Dating Sites will not make any new proposals for chatting through dating websites during the blockage.
Article 7 – Obligations of the Client
1. The Client is obliged to provide all information requested by Dating Sites as well as relevant appendices and related information and data in time and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement. In the absence of this, it may happen that Dating Sites is not able to realize a complete execution and/or delivery of the documents concerned. The consequences of such a situation are at all times for the account and risk of the Client.
2. Dating Sites is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client regarding the information if it has changed over time, nor is Dating Sites responsible for the accuracy and completeness of the information compiled by Dating Sites for third parties and/or provided to third parties in the context of the Agreement.
3. Dating Sites may, if necessary for the performance of the Agreement, request additional information. Failing this, Dating Sites is entitled to suspend its work until the information has been received, without being obliged to pay any compensation for any reason whatsoever to the Client. In case of changed circumstances, the Client should make this known to Dating Sites immediately, or no later than 3 working days after the change has become known.
Article 8 – Proposals
1. Dating Sites may, if instructed to do so, draw up an advice, plan of action, design, report, planning and/or report for the provision of services. The content of this is not binding and is only advisory in nature, yet Dating Sites will observe its duties of care. The Client will decide for itself and on its own responsibility whether to follow the advice.
2. The advice and/or proposals provided by Dating Sites, in any form whatsoever, can never be regarded as binding advice and/or proposals.
3. The Client is obliged at Dating Sites’s first request to assess any proposals provided by it. If Dating Sites is delayed in its work because the Client does not provide an assessment, or does not do so in time, of a proposal made by Dating Sites, the Client will at all times be responsible itself for the consequences this causes, such as delay.
4. The nature of the services entails that the result is at all times dependent on external factors that may influence the reports and advice and/or proposals of Dating Sites, such as the quality, accuracy and timely delivery of required information and data from the Client and its employees. The Client vouches for the quality and for the timely and correct delivery of the required data and information.
5. The Client shall notify Dating Sites in writing prior to the commencement of the work of all circumstances that are or may be of importance including any points and priorities for which the Client wishes attention.
Article 9 – Additional work and modifications
1. If during the performance of the Agreement it becomes apparent that the Agreement needs to be amended, or further work is required at the request of the Client to achieve the Client’s desired result, the Client is obliged to pay for this additional work in accordance with the agreed rate. Dating Sites is not obliged to comply with this request, and may require the Client to enter into a separate Agreement for this purpose and/or refer it to an authorised third party.
2. If the additional work is the result of Dating Sites’s negligence, Dating Sites made a wrong estimate or could have reasonably foreseen the work in question, these costs will not be passed on to the Client.
Article 10 – Free service
The services of Dating Sites are completely free of charge. Dating Sites will never charge the Client for its Services.
Article 11 – Privacy, data processing and security
1. Dating Sites will handle the (personal) data of the Client with care and will only use them in accordance with the applicable standards. If requested, Dating Sites will inform the person concerned about this.
2. The Client is itself responsible for the processing of data that is processed using a service of Dating Sites. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client shall indemnify Dating Sites against any (legal) claim related to these data or the performance of the Agreement.
3. If Dating Sites is required under the Agreement to provide security for information, this security will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the costs involved, is not unreasonable.
Article 12 – Suspension and dissolution
1. Dating Sites has the right to retain the data, data files and more received or realised by it if the Client has not yet (fully) fulfilled its payment obligations. This right shall remain in full force and effect if a valid reason arises for Dating Sites which justifies suspension in that case.
2. Dating Sites is entitled to suspend the performance of its obligations as soon as the Client is in default with regard to the performance of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to Customer in writing.
3. Dating Sites shall in that case not be liable for any damage, for whatever reason, resulting from the suspension of its work.
4. The suspension (and/or dissolution) shall not affect the Client’s payment obligations for work already performed. Furthermore, the Client is obliged to compensate Dating Sites for any financial loss that Dating Sites suffers as a result of the Client’s default.
Article 13 – Force Majeure
1. Dating Sites shall not be liable if, as a result of a force majeure event, it is unable to perform its obligations under the Agreement.
2. Force majeure on the part of Dating Sites means in any case, but is not limited to: (i) force majeure of suppliers of Dating Sites, (ii) failure to properly perform obligations of suppliers prescribed or recommended to Dating Sites by the Client or its third parties, (iii) defectiveness of software or any third parties involved in the performance of the service, (iv) government measures, (v) electricity, internet, data network and/or telecommunication facilities malfunctioning, (vi) illness of employees of Dating Sites or advisors hired by it and (vii) other situations which in the opinion of Dating Sites fall outside its sphere of influence and which temporarily or permanently impede the performance of its obligations.
3. In case of force majeure both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Client. Dating Sites is not obliged to compensate Customer for any losses caused by such rescission.
Article 14 – Limitation of liability
1. If any result stipulated in the Agreement is not achieved, a failure on the part of Dating Sites shall be deemed to exist only if Dating Sites expressly promised this result when accepting the Agreement.
2. If there is an attributable shortcoming of Dating Sites, Dating Sites is only obliged to pay any compensation if the Client has given Dating Sites notice of default within 14 days after the discovery of the shortcoming and Dating Sites has subsequently failed to remedy this shortcoming within a reasonable period. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming that Dating Sites is able to respond adequately.
3. Dating Sites only offers a Service that the Client can use free of charge and never offers guarantees to the use of its Services. Dating Sites excludes all liability towards the Client, insofar as a legal provision does not oppose this. If the performance of the Services leads to Dating Sites’s liability towards the Client, this liability will be limited to the Client’s direct loss, but not exceeding EUR 100.
4. Dating Sites explicitly excludes all liability for consequential loss. Dating Sites is not liable for indirect damage, trading loss, loss of profit and/or suffered loss, missed savings, damage due to business stagnation, loss of assets, damage due to delay, loss of interest and immaterial damage.
5. The Client shall indemnify Dating Sites for all claims by third parties as a result of a defect due to a service provided by the Client to a third party and which partly consisted of Services provided by Dating Sites, unless the Client can prove that the damage was exclusively caused by the service provided by Dating Sites.
6. Dating Sites is not liable in the event that the Client assumed that it was chatting with a physical person. Dating Sites has pointed out to the Client that these are physical profiles on the third party websites for which Dating Sites has issued a proposal. Dating Sites will not refund any monies paid by the Client to the dating sites in order to chat with profiles.
7. Any advice and/or proposals provided by Dating Sites, based on incomplete and/or incorrect information provided by the Client is never a ground for liability of Dating Sites.
8. The content of the advice and/or proposal provided by Dating Sites is not binding and is only advisory in nature. The Client will decide for itself and on its own responsibility whether to follow up on the proposals and advice mentioned herein and/or those of Dating Sites. All consequences resulting from following the advice and/or proposal are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the (delivered) advice of Dating Sites. Dating Sites is not bound to any form of refund if this is the case.
9. If a third party is called in by or on behalf of the Client, Dating Sites is never liable for the actions and advice and/or proposals of the third party called in by the Client as well as the processing of results (of drawn up advice and/or proposal) of the third party called in by the Client in Dating Sites’s own advice and/or proposal.
10. Dating Sites does not guarantee the correct and complete transmission of the content of and email sent by/on behalf of Dating Sites, nor its timely receipt.
11. All claims of the Client due to shortcomings on the part of Dating Sites lapse if they are not reported to Dating Sites in writing and with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of Dating Sites expires.
Article 15 – Secrecy
1. Dating Sites and Client undertake to keep confidential all confidential information obtained as part of an assignment. Confidentiality arises from the assignment and must also be assumed if one can reasonably expect it to be confidential information. The confidentiality does not apply if the information in question is already publicly/commonly known, the information is not confidential and/or the information was not disclosed to Dating Sites during the Contract with the Client and/or was otherwise obtained by Dating Sites.
2. In particular, the confidentiality relates to advice, reports, designs, working methods and/or reports drawn up by Dating Sites regarding the Client’s order. The Client is explicitly prohibited from sharing the contents thereof with employees who are not authorized to take cognizance thereof and with (unauthorized) third parties. Furthermore, Dating Sites shall always exercise due care in handling all business-sensitive information provided by the Client.
3. If Dating Sites is obliged on the basis of a statutory provision or a judicial decision to (co-) disclose the confidential information to a third party indicated by the law or a competent court and Dating Sites cannot invoke a right of non-disclosure, Dating Sites is not obliged to pay any compensation and does not give the Client any grounds for dissolving the Agreement.
4. The transfer or dissemination of information to third parties and/or publication of statements, advice or productions provided by Dating Sites to third parties requires the written consent of Dating Sites, unless such consent has been explicitly agreed in advance. The Client shall indemnify Dating Sites for all claims by such third parties resulting from reliance on such information disseminated without the written consent of Dating Sites.
5. The obligation of confidentiality also imposes on Dating Sites and the Client the third parties to be engaged by them.
Article 16 – Intellectual Property Rights
1. All IP rights and copyrights of Dating Sites including in any case, but not limited to all designs, models, reports and advice are exclusively vested in Dating Sites and are not transferred to the Client unless explicitly agreed otherwise.
2. If it is agreed that one or more of the aforementioned items or works of Dating Sites will be transferred to the Client, Dating Sites is entitled to conclude a separate Agreement for this and to demand an appropriate financial compensation from the Client. Such compensation must be paid by the Client before it acquires the items and/or works in question with the IP rights vested in them.
3. The Client is forbidden to disclose and/or multiply, modify or make available to third parties (including use with commercial purposes) all documents and software on which the IP rights and copyrights of Dating Sites rest without the express prior written consent of Dating Sites. If the Client wishes to make changes to goods delivered by Dating Sites, Dating Sites must explicitly agree to the intended changes.
4. The Client is forbidden to use the items and documents on which the intellectual property rights of Dating Sites rest otherwise than agreed in the Agreement.
5. The parties will inform each other and jointly take measures if an infringement of IP rights occurs.
Article 17 – Indemnification and accuracy of information
1. The Client is itself responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form, that it provides to Dating Sites within the framework of an Agreement, as well as for the data it has obtained from third parties and which have been provided to Dating Sites for the purpose of performing the Service.
2. The Client shall indemnify Dating Sites from any liability as a result of not or not timely fulfilling the obligations relating to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The Client shall indemnify Dating Sites for all claims by the Client and third parties engaged by it or working under it, as well as clients of the Client, based on the failure to obtain (in a timely manner) any subsidies and/or permissions required in the context of performing the Agreement.
4. The Client shall indemnify Dating Sites against all claims of third parties arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that can be used in the performance of the Agreement and/or the actions or omissions of the Client towards third parties.
5. If the Client provides electronic files, software or information carriers to Dating Sites, the Client guarantees that these are free of viruses and defects.
Article 18 – Complaints
1. If the Customer is not satisfied with the service provided by Dating Sites or otherwise has complaints about the execution of its order, the Customer is obliged to report these complaints as soon as possible, but no later than within 7 calendar days after the relevant cause that led to the complaint. Complaints can be reported orally or in writing at info@jmatraffic.commet as the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client in order for Dating Sites to handle the complaint.
3. Dating Sites will respond to the complaint as soon as possible, but at the latest within 7 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 19 – Applicable law
1. The legal relationship between Dating Sites and Client shall be governed by Dutch law.
2. Dating Sites has the right to change these general terms and conditions and will inform the Client thereof.
3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.
4. All disputes arising from or as a result of the Agreement between Dating Sites and the Client shall be settled by the competent court of Rotterdam, unless mandatory provisions of law designate another competent court.
Last updated: 1st February 2022