Terms & Conditions
The service “DIGITAL Traff” is offered over the internet in the form of Software-as-a-Service by the company digital-traff.com. The use of DIGITAL Traff – AdProtection is subject to the below terms and conditions. Using DIGITAL Traff – AdProtection constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by digital-traff.com.
Use of the service
- The Service is only compatible with the Ad Platform. In order to benefit from the Service, you must acquire, at your own cost, advertising campaign(s) on the Ad Platform. Any and all negotiations, dealings, and engagements concerning such advertising campaign(s) are strictly between you and the operator of the Ad Platform. We take no part in, and are not a party to, such negotiations, dealings, and engagements.
- To use DIGITAL Traff – AdProtection, you first need to register. After completing registration, you can directly log into your account and use the service.
- You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. digital-traff.com may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified digital-traff.com that someone else knows your password.
- DIGITAL Traff– AdProtection allows you to process personal data. Digital-traff.com acts as a processor as that term is defined in the General Data Protection Regulation; you are the controller. You indemnify and hold harmless Digital-traff.com against all claims by third parties in connection with this Act.
- Digital-traff.com is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
- If in the opinion of Digital-traff.com the continued functioning of the computer systems or network of Digital-traff.com or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Digital-traff.com may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- Should Digital-traff.com discover that you violate any of the above, or receive a complaint alleging the same, then Digital-traff.com may intervene to end the violation.
- In addition, on DIGITAL Traff – AdProtection it is forbidden to – publish information in violation of copyright or hyperlinks to such information; – assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them); -violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications; – and to do anything that violates applicable netiquette.
- It is not permitted to use DIGITAL Traff – AdProtection for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
Availability and maintenance
- Digital-traff.com may from time to time adapt DIGITAL Traff – AdProtection. Your feedback and suggestions are welcome but ultimately Digital-traff.com decides which adaptations to carry out (or not).
- Digital-traff.com actively maintains DIGITAL Traff – AdProtection. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
- Digital-traff.com makes no promises regarding availability of the service.
- Digital-traff.com shall refrain from accessing data you store or transfer using DIGITAL Traff – AdProtection, unless this is necessary for a good provision of the service or Digital-traff.com is forced to do so by law or order of competent authority. In these cases Digital-traff.com shall use its best efforts to limit access to the information as much as possible.
- If you send information to Digital-traff.com, for example a bug report or suggestion for improvement, you grant Digital-traff.com a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
- Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Digital-traff.com receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
- The service DIGITAL Traff – AdProtection, the accompanying software as well as all information and images on the website is the intellectual property of Digital-traff.com. None of these items may be copied or used without prior written permission of Digital-traff.com, except and to the extent permitted by mandatory law.
Compensation for the service
- Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
- Payment is possible by creditcard, by PayPal money transfer, or as explained further on the website.
- Fee that we are unable to charge through the payment method you provided is deemed an overdue Fee. Failure to settle any overdue Fee within ten (10) calendar days of its original due date will constitute a material breach of these Terms. Without derogating from any other rights and remedies available to us under applicable law, overdue Fees will accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. You will reimburse us for all legal costs and attorney fees we incur in the course of collecting your overdue Fees.
- Payment methods are processed and handled through relevant third-party payment processors, such as PayPal. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor.
- All your payment obligations are non-cancellable and all amounts paid in connection with the Service are non-refundable. If you terminate your account and subscription, you are not entitled to any refund (pro-rata or otherwise), for any Fees you have paid for the terminated subscription. You are responsible for paying all Fees applicable to your subscription to the Service, whether or not you actively used, accessed or otherwise benefited from the Service.
- We will charge you for the applicable subscription Fees at the beginning of each subscription cycle, and overage charges incurred during a given subscription cycle (if applicable) will be charged following the end of that subscription cycle. By registering to the Service, you give your consent to purchasing a subscription to the Service, in accordance with the schemes, amounts and subscription cycle you selected upon registration, and to being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or through your payment method.
- You must keep the billing information you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your billing information.
- All Fees are quoted in US Dollars, unless expressly stated otherwise. Fees are payable by PayPal or major credit cards. We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. By using one or more payment methods to pay the Fees, you represent and warrant that you are lawfully permitted to use the selected payment method in connection with the Service. We may require additional information from you before completing payment transactions.
- Changes you make in your subscription package, scheme or amount will take effect in the subsequent subscription cycle. If you exceed the limits of your subscription package, your subscription will be automatically upgraded to a package suitable for your scope of use, as of the subsequent subscription cycle.
- Upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you notify us, by email to [email protected], that you wish to terminate your subscription. Your account and subscription will be terminated as soon as we process your request, usually within several business days.
- We may update the Fees applicable to each package and scheme by written notice posted through the Service, and such changes shall apply to your next billing cycle. If such changes are not acceptable to you, you may terminate your subscription by providing us with written notice, which termination shall become effective upon the end of your current billing cycle.
- In consideration of the provision of the Service to you, you will pay us, as of the time you register to the Service, the periodic subscription Fees, in accordance with the packages, schemes, amounts, overage charges and subscription cycle you selected upon registration.
- The use of certain functions of DIGITAL Traff – AdProtection is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
Limitation of liability
- In case of force majeure Digital-traff.com is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
- Damages may only be claimed if reported in writing to Digital-traff.com at most two months after discovery.
- Digital-traff.com in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
- Except in case of intentional misconduct or gross negligence the liability of Digital-traff.com shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
Term and termination
- Upon request and payment of an additional fee Digital-traff.com may provide you with a copy of the data stored using the service. Contact us for options and costs.
- Digital-traff.com is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Digital-traff.com shall first send a reminder mail to the e-mail address connected to your account.
- If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
- This agreement enters into force as soon as you first use the service and then remains in force until terminated.
Changes to terms
- If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of DIGITAL Traff – AdProtection after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- Digital-traff.com shall announce through the service changes or additions at least thirty days before their taking effect.
- Digital-traff.com may change or add to these terms and conditions as well as any prices at any time.
- In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
- The version of any communication of information as recorded by Digital-traff.com shall be deemed to be authentic, unless you supply proof to the contrary.
- For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the DIGITAL Traff – AdProtection service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
- Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with DIGITAL Traff – AdProtection shall be brought before the competent Dutch court for the principal place of business of Digital-traff.com.
- Dutch law applies to this agreement.
Digital-traff.com is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of DIGITAL Traff – AdProtection or the associated business activities
Digital-traff.com product of DIGITAL Traff
Traktornaya st. 22