Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Encoderbox's Website, located at www.encoedrbox.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Encoderbox if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Encoderbox and/or its licensors own the intellectual property rights for all material on Encoderbox. All intellectual property rights are reserved. You may access this from Encoderbox for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Encoderbox
- Sell, rent, or sub-license material from Encoderbox
- Reproduce, duplicate or copy material from Encoderbox
- Redistribute content from Encoderbox
Encoderbox reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Encoderbox a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.
The Software Product means a data file, including the software of the Company and also all previous upgrades and plugins that have been provided to the Customer by the Company for the original Software Product. The Software Product is not the subject of purchase; only the right to use it (the license) is provided.
The Product is a collective term for the Software Product and the Services of the Company. Up-to-date information on the various Products is available on the Company website. In the event of any questions about the Products, the Customer can also contact the Company’s representative, the Company’s contact points (a contact list is posted on the Company's website), or the Company’s call center.
The Representative means an agent or an employee of the Company through which the Customer can, among other things, order a license for the Company’s Software Product.
The Licensing Agreement means an agreement between the Company and the Customer, under which the Customer is granted a license for the Software Product.
The Contractual Relationship means a legal relationship between the Company and the Customer established by the Licensing Agreement.
The Price List means a list of prices of the individual products of the Company and combinations thereof. An up-to-date version of the Price List is always available on the Company website and, in a written format, also from the Representatives of the Company. All Product prices include VAT unless explicitly stated otherwise. The Price List is an integral part of the General Terms and Conditions – Software Product.
The Company Account means the account with IBAN **************numbers or any other Company Account available on the website.
CONCLUSION OF LICENSING AGREEMENT; PAYMENT AND DELIVERY TERMS AND CONDITIONS
The Customer is entitled to order the Software Product in the following manner:
a) by a written order delivered to the Company or a scanned written order delivered to
the Company’s email address indicated for this purpose on the Company website,
b) by an electronic order through the Company’s web interface,
c) by telephone, on condition that all the essential elements set out below are agreed on and provided, and accepted by the Customer and the Company,
and on condition that the Company makes this way of ordering a Software Product available in the country where the Customer intends to use the Software Product.
The Parties consider the following details as essential elements to be included in the order:
a) Customer identification – company name/trade name, company registration number, registered office/place of business, email address of the Customer, name of the person representing the Customer, telephone number,
b) name of the Software Product and, where applicable, the version and period for which the license for the Software Product is to be granted,
c) price and method of payment for the license for the Software Product.
The Customer agrees to the Company issuing the tax document (invoice) in electronic format. The Customer also agrees that, after the successful activation of the Software Product, the invoices (tax documents) are only sent to its customer account accessible on the Company’s web interface.
In the case of the first payment, the price of the license for the Software Product is payable no later than 10 days after the invoice date, unless a different due date is indicated on the invoice, as follows:
a) online by card through a payment gateway, or
b) by a bank transfer to the Company Account.
In the case of the next payment for the license for the Software Product, the Customer will pay the price for the license for the Software Product by a bank transfer to the Company Account no later than on the 10th (tenth) day of the first month in the period for which the license is paid for unless a later due date is indicated on the invoice. In the event of a delay in payment for the license for the Software Product, the Customer is also under an obligation to pay statutory interest on the late payment in accordance with the applicable legislation.
. LIABILITY FOR DEFECTS, WARRANTY
The Company provides a warranty for the error-free functioning of the Software Product; the Company is responsible only for the functioning of the current versions of the Software Product and not for defects in earlier versions for the duration of the Licensing Agreement, provided that there was no breach of the obligations by the Customer.
The Parties agree that the Customer cannot withdraw from the Licensing Agreement or demand a price discount in the event that the Software Product is defective, the defect can be remedied, and the Company is prepared to:
a) remedy such a defect;
b) take steps towards remedying the defect of the Software Product without undue delay; and
c) remedy the defect within a reasonable period.
Complaints about the Software Product can be made in writing to the Company’s address provided for this purpose on the Company website.
The complaint must contain the following details:
a) Customer’s identification data, including contact details of the Customer’s contact person;
b) specification of the Software Product and a detailed description of the defect that is the subject of the complaint,
c) proof of purchase of the Software Product.
COMPENSATION FOR LOSS OR DAMAGE
The Company is not liable for any loss or damage that results from a breach of the Customer’s obligations under the Licensing Agreement or the present GTC, or if the Customer contributed by its wrongful conduct to the loss or damage that was suffered.
The Company is not liable for the loss of, or damage to, data that was not properly backed up by the Customer.
The Company is not liable for the Customer’s lost profits or any special, indirect, economic or consequential loss of the Customer.
The Company is not liable for damage that does not arise directly in connection with the breach of a legal obligation on the part of the Company.
The Company is not liable for damage arising as a result of an outage of the system of electronic records of sales or any other failure, either partial or complete, of the system of electronic records of sales on the part of the competent authorities.
Return or Destruction of Customer Data
At any time during the Term at Customer’s request for any reason or upon the termination or expiration of the Agreement, Provider shall, and shall instruct all Authorized Persons to, promptly return to Customer all copies, whether in written, electronic, or other form or media, of Customer Data in its possession or the possession of such Authorized Persons, or securely dispose of all such copies, and certify in writing to Customer that such Customer Data has been returned to Customer or disposed of securely. Provider shall comply with all reasonable directions provided by Customer with respect to the return or disposal of Customer Data.