General terms and conditions

General Terms and Conditions of Equote B.V. as from 1 January 2023

Article 1 Definitions

Equote B.V. is a private limited liability company whose objective is to improve the ranking of websites in various search engines through link building.
In these General Terms and Conditions, the term ‘General Terms and Conditions’ means these General Terms and Conditions.
In these General Terms and Conditions, ‘Client’ means: the natural or legal person acting in the course of his commercial or professional activity who makes use of the services of Equote B.V..
In these General Terms and Conditions, the terms ‘Parties’, and each individually as a ‘Party’, mean: Equote B.V. and/or Client.
In these General Terms and Conditions, the term ‘contract’means the contract entered into between Equote B.V. and the Client, whether or not it is entered into under an organised system for distance sales or services, using only one or more means of distance communication until the conclusion of the contract, whereby Equote B.V. undertakes to the Client to provide and deliver services and the Client undertakes to pay a price for those services. The contract is formed by an offer from Equote B.V. and its acceptance by the client, which is explained in more detail in Article 4.3 of these General Terms and Conditions.
In these General Terms and Conditions, the term ‘Services’ means: all services provided to the Client by Equote B.V. and/or third parties engaged by it, including the acquisition of backlinks for external parties, the creation of content and products, and all other services provided by Equote B. V. provides to the Client, of whatever nature, performed under an Order, including work that is not performed at the Client’s express request.
In these General Terms and Conditions, the term ‘website’ means: the website of Equote B.V., which can be accessed via https://en.equote.eu/.

Article 2 Identity of Equote B.V.

Equote B.V. is registered with the Chamber of Commerce under number 86689770 and bears the VAT identification number NL864050604B01. Equote B.V. is located at Haddingestraat 31-1 (9711 KC) in Groningen.
Equote B.V. can be contacted by e-mail at info@en.equote.eu or via the website https://en.equote.eu/ and by telephone at +31636487431.

Article 3 Applicability of the General Terms and Conditions

The General Terms and Conditions apply to every offer made by Equote B.V. and to all present and future agreements, deliveries, commercial relations and other legal relations between the parties. The client’s general terms and conditions are expressly rejected.
Deviations from the General Terms and Conditions shall only be valid if they have been expressly agreed with Equote B.V. in writing.
The applicability of the client’s conditions of purchase or other conditions is expressly rejected unless otherwise expressly agreed in writing.
The General Terms and Conditions shall also apply to additional or amended orders of the Client.
Should one or more provisions of these General Terms and Conditions prove to be invalid, the validity of the remaining provisions of these General Terms and Conditions and of the entire contract shall not be affected thereby. In such a case, the parties shall endeavour to replace the invalid provision with a new, valid provision that comes as close as possible to the invalid provision under the original General Terms and Conditions.

Article 4 The agreement

All offers on the website are completely without obligation, unless expressly stated otherwise.
The client may contact Equote B.V. via the website, by e-mail or by telephone regarding the services offered.
Equote B.V. will consult with the client about their expectations and may then prepare a quotation, which will be sent by e-mail. The agreement is only concluded by means of an (electronic) order confirmation. The agreement can also be concluded by placing an order in a shared Excel spreadsheet. This places the order in the Excel spreadsheet and adds the price.
A blog supplied or written must contain unique content and be relevant, i.e. the blog must contain at least 400 words, 1 (one) royalty-free image and 1 (one) or a maximum of 2 (two) outbound links to the same party, unless otherwise stated.
For writing a Dutch article/blog Equote B.V. charges €30,00 extra. Writing a non-Dutch article costs €45. Rewriting a supplied text costs €10 and translation costs €15.
For blogs dealing with crypto and gambling, other prices apply. These can be found under the Casino / Gambling tab.
Adult links (XXX, as well as toys) are not published by Equote B.V..
If Equote B.V. sends a confirmation to the customer, this confirmation will be decisive for the content and interpretation of the contract, subject to obvious typing errors. Equote B.V. cannot be held liable for its quotation if the client can reasonably understand that the quotation or any part of it contains an obvious mistake or typographical error.
If the client makes any notes or comments on Equote B.V.’s quotation, these shall not form part of the contract unless Equote B.V. confirms them in writing.
An order from the client that is not preceded by a written offer requires written acceptance by Equote B.V..

Article 5 Formation of the contract

Equote B.V. shall endeavour to provide the services to the best of its knowledge and in accordance with the requirements of good professional practice and, as far as possible, in accordance with the written agreements.
In performing the Services, Equote B.V. has only a best efforts obligation and not a best results obligation. A best efforts obligation is a contractual obligation to make the necessary efforts or use certain means to achieve the agreed result, which means that Equote B.V. cannot guarantee that the results, outcomes or expectations envisaged by the Client in the provision of the Services will actually be achieved. Equote B.V. does not guarantee results after the delivery of Backlinks. Equote B.V. is not responsible if blog or link placements are not indexed by Google.
Blogs are permanent as long as the website is online, unless otherwise stated. Affiliate links are placed for a minimum of 1 year, as are links to the home page.
Prices or conditions are subject to change. In the event of a change, the client will be notified and the blog will not be published until both parties agree.
Equote B.V. has the right to have certain work carried out by third parties.
When engaging third parties, Equote B.V. will exercise due care and consult with the Client in the selection of such third parties to the extent reasonably possible and customary in its relationship with the Client.
The client shall ensure that Equote B.V. is provided in a timely manner with all data that Equote B.V. indicates as necessary or that the client should reasonably assume is necessary for the performance of the agreement. If the data necessary for the performance of the agreement have not been provided to Equote B.V. in a timely manner, Equote B.V. shall have the right to suspend the performance of the agreement and/or to charge the client for the additional costs incurred as a result of the delay at the then customary rates. If additional costs are involved, prior consultation with the client shall take place.
The client shall ensure that Equote B.V. is able to provide its services in a timely and proper manner. If the client fails to comply with its agreements in this respect, it shall be obliged to compensate Equote B.V. for any resulting damage.
If a deadline has been agreed or stated for the provision of services, this is never a deadline. If a deadline is exceeded, the client must give Equote B.V. written notice of default. Equote B.V. must be given a reasonable period of time to still fulfil the agreement.

Article 6 Amendment of the agreement

If during the execution of the agreement it becomes apparent that it is necessary to amend or supplement the agreement for proper execution, Equote B.V. and the client shall amend the agreement in good time and by mutual agreement.
If the agreement is amended, including an addition, this shall be deemed to be an additional order. A separate agreement on the fee for this additional assignment will be made in advance. In the absence of an additional assignment, the original terms and conditions shall apply and the additional services shall be paid for at the agreed rate.
Non-performance or non-immediate performance of the amended agreement shall not constitute default on the part of Equote B.V. and shall not be grounds for the client to terminate or dissolve the agreement.
Amendments to the contract originally concluded between Equote B.V. and the client shall only be valid from the moment that these amendments have been accepted by both parties by means of an additional or amended contract. Such amendments must be made in writing.

Article 7 Suspension, dissolution and early termination of the agreement

Equote B.V. shall be entitled to suspend the performance of its obligations or to terminate the agreement if the client fails to perform its obligations under the agreement or fails to perform them in full or on time, or if Equote B.V. has good reason to fear that the client will fail to perform such obligations, provided that Equote B.V. has given notice of default to the client by means of a written notice setting a reasonable time limit for the client to perform its obligations and that performance has not taken place within such time limit.
Furthermore, Equote B.V. is entitled to dissolve the agreement under the same conditions as referred to in paragraph 1 of this article if circumstances arise that make it impossible to fulfil the agreement or if the unaltered maintenance of the agreement cannot reasonably be required.
If the client fails to fulfil his obligations under the agreement, this failure justifies dissolution and the client is in default, Equote B.V. is entitled to dissolve the agreement immediately and with immediate effect, without being obliged to pay damages or compensation, while the client is obliged to pay damages or compensation for default.

Article 8 Cancellation

Cancellation of the agreement after signing the offer or the (electronic) order confirmation is not possible.

Article 9 Costs, fees and payment

All amounts in the offer are in euros and exclusive of VAT, unless otherwise stated.
All amounts can also be found in a file with the link options provided by Equote B.V.
Equote B.V. has the right to correct obviously incorrect information in the offer.
Interim price changes will be passed on to the customer after mutual agreement.
Payment shall be made by bank transfer on account. The invoice must be settled by the Client within 28 days.
The client has a duty to inform Equote B.V. immediately of any inaccuracies in the payment details provided or transmitted.
If the client fails to pay an invoice on time, the client shall be in default by operation of law, without any further notice of default being required. The Client shall then owe the statutory interest. Interest on the amount due shall be calculated from the date on which the client is in default until the date on which the full amount due is paid.
If Equote B.V. decides to take legal action to recover a debt for non-payment of one or more unpaid invoices, the client shall, in addition to the principal amount due and the interest referred to in Article 9.7, also be obliged to reimburse all reasonable judicial and extrajudicial costs. Compensation for the judicial and extrajudicial costs incurred shall be determined in accordance with the Regulation on Compensation for Extrajudicial Collection Costs in force from time to time.

Article 10 Delivery

Delivery shall be made as soon as possible, in principle 2 (two) working weeks.
If delivery is not made within this period, the client shall inform Equote B.V. accordingly. Equote B.V. shall ensure that delivery is made as soon as possible, unless this is not possible according to the standards of reasonableness and fairness.
Failure by Equote B.V. to deliver on time shall not be a valid reason for termination of the agreement.

Article 11 Guarantees.

Equote B.V. guarantees that the Backlinks will be online for at least 1 (one) year. If the Backlinks go offline within 1 (one) year, the Client may request a refund for the Blog, Homepage Link or Affiliate Link. If this happens after 1 (one) year, the customer can no longer claim this.
Equote B.V. gives no further guarantees regarding the services provided. Indeed, in the provision of the Services, Equote B.V. only has an obligation of effort and not an obligation of result, as mentioned in Article 5.2 of these General Terms and Conditions.
Equote B.V. does not guarantee any results after the delivery of Backlinks. Equote B.V. is not responsible if the blog placements are not indexed by Google or any other search engine.

Article 12 Liability

The client is responsible for providing accurate and representative data and information necessary for the performance of the agreement. Equote B.V. shall not be liable for any damage, including damage based on an incorrect order, if the customer has provided incorrect, unrepresentative or irrelevant data.
The delivery period referred to in Article 10(1) of these General Terms and Conditions can only be approximate. Although every effort is made to comply with the delivery period, Equote B.V. can never be held liable for the consequences of exceeding the period referred to therein. Exceeding the deadline does not give the client the right to terminate the agreement, nor does Equote B.V. owe the client any compensation.

Equote B.V. shall not be liable for any errors or omissions by any third party it engages. By using Equote B.V.’s services, the client authorises Equote B.V., in the event that a third party engaged by Equote B.V. wishes to limit its liability, to accept such limitation of liability also on behalf of the client.

Equote B.V. shall not be liable if the client’s application is in breach of (Dutch) law.
The services provided by Equote B.V. are subject to an obligation of effort and not of result. Therefore, Equote B.V. cannot be held liable if the client is dissatisfied with the services provided.
Equote B.V. shall not be liable for indirect damages, including but not limited to consequential damages.
Equote B.V. shall not be liable for any discrepancies on the website.
Equote B.V. shall not be liable for non-performance or delayed performance of the obligations arising from the agreement if this is due to force majeure as referred to in Article 13 of these General Terms and Conditions.
The client shall indemnify Equote B.V. against claims of third parties, of whatever nature, in connection with the services.
If Equote B.V. is held liable, it shall only be liable for direct damage actually incurred, paid or suffered by the client as a result of Equote B.V.’s demonstrable failure to fulfil its obligations in relation to its services.
Equote B.V.’s liability is limited to the amount covered and paid by the insurer. If the insurer fails to pay or if Equote B.V. is not insured, its liability shall be limited to the amount paid by the client.
The limitation of liability described in this article shall not apply in the event of intent or wilful negligence on the part of Equote B.V..
This provision does not exclude liability to the extent that liability cannot be limited or excluded by law.

Article 13 Force majeure

Force majeure means all external causes beyond the will or control of Equote B.V. as a result of which timely, complete or proper performance of the agreement is no longer possible.
Force majeure as referred to in the previous paragraph of this article also includes, but is not limited to: non-fulfilment by a third party, illness of (personnel of) Equote B.V. itself or of a third party, exceptional weather conditions, interruptions to the water and energy supply, strikes, serious failures of Equote B.V.’s systems, fire, floods, natural disasters, pandemics, riots, war or other internal unrest.
In the event of force majeure, performance of the agreement shall be suspended for as long as the force majeure lasts.
If the force majeure lasts longer than one month, both parties are entitled to dissolve the contract without judicial intervention. In that case, Equote B.V. shall refund all amounts paid, less all costs incurred by Equote B.V. in connection with the agreement.

Article 14 Confidentiality of Data

Each Party shall ensure that all information received from the other Party which is known or should be known to be of a confidential nature shall remain confidential. The party receiving confidential information shall use it only for the purpose for which it was provided. Information shall in any event be deemed confidential if designated as such by either party. Equote B.V. cannot be held responsible if the disclosure of information to a third party is necessary due to a court decision, a legal requirement or for the proper execution of the agreement.

Article 15 Intellectual property

Equote B.V. reserves the rights and powers to which it is entitled under the Copyright Act.
The publisher guarantees that no rights of third parties prevent the provision of data to Equote B.V.. The Customer shall indemnify Equote B.V. against any action based on the allegation that such provision, use, adaptation, installation or incorporation infringes the rights of any third party.
If the client provides content that is not free of rights or intellectual property ownership has been infringed, the damages shall be for the client’s account and cannot be recovered from Equote B.V.. Equote B.V. shall not be liable for this.
If the use of the content supplied by the client results in the infringement of intellectual property, the damage shall be for the account of the client and cannot be reclaimed by Equote B.V..

Article 16 Complaint procedure.

If the customer has a complaint, he must send it in writing to info@en.equote.eu or by telephone to +31636487431. The complaint will, if possible, be dealt with within 5 (five) working days after Equote B.V. has received the complaint. Thereafter, the customer will receive a substantive response as soon as possible.

Article 17 Change clause.

Equote B.V. reserves the right to modify or amend these General Terms and Conditions at any time. Equote B.V. shall inform the client in good time of any such amendments.
The amended General Terms and Conditions shall be applied to the contract one month after notification to the client.

Article 18 Applicable law and competent court

The legal relationship(s) between Equote B.V. and its client shall be governed by Dutch law.
All disputes that may arise between Equote B.V. and the client shall be settled by the competent court of the District Court of Noord-Nederland.

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