TERMS AND CONDITIONS
Last updated: April 16, 2019

General Terms and Conditions for users of Saka Media and Saka Media’s trade names.

All information that Saka Media communicates through the website and through other electronic ways such as E-mail as well as all software and tools and references to other sites or products that are discussed can be used at your own risk. There is no guarantee that the information provided is correct.

Saka Media cannot be held liable for any damage caused to your PC, both hardware and software, or other material and non-material damage that could result from the use of this website or the application of advice from this website in general and the reactions of other users in particular and or the E-mails sent by Saka Media.

Saka Media is in no way responsible for the accuracy or completeness of the information on Saka Media and / or in other electronic communications such as E-mails, and therefore does not accept any liability for damage, of whatever nature, that results from acts and / or decisions based on said information. The other party is strongly advised not to use this information in isolation but to rely on its professional knowledge and experience and to check the information to be used.

Saka Media can never be held liable or responsible for contacts, agreements or services between parties that may have been gained through this site.

All prices for the services of Saka Media are presented in euros (€), and excluding VAT, unless presented / told otherwise.

GENERAL TERMS AND CONDITIONS FOR CUSTOMERS OF SAKA MEDIA

1. Purpose and legal validity of the General Terms and Conditions

1a These General Terms and Conditions apply to all agreements between Saka Media and its customers, and to all offers that Saka Media makes.

2. Terminology

2a If the term “customer” is used in these General Terms and Conditions, this means: a natural or legal person in whose name an order has been placed with Saka Media and / or to whom an offer has been made by Saka Media.

2b A “payment period” is the period for which a customer has prepaid an amount. Payment periods only occur with products and services that are not one-off, such as, but not limited to, subscriptions, maintenance contracts and domain name registrations. Under points 9 and 10g in these General Terms and Conditions, the term “payment period” is discussed further.

3. Customer’s Terms & Conditions are excluded

3a The applicability of any purchase or other conditions of the customer is expressly excluded.

4. Right

4a All agreements between Saka Media and the customer and all offers from Saka Media to the customer are governed by Dutch law.

4b All possible disputes arising from the agreements and offers referred to in the previous paragraph will be submitted to a competent court in the Rotterdam region, unless Saka Media chooses to submit a dispute to another competent court.

5. Correspondence

5a All correspondence goes via E-mail, or other electronic ways Saka Media communicates with, such as WhatsApp, including invoices and any payment reminders. Telephone agreements are not legally valid.

5b The customer is obliged to provide an E-mail address to Saka Media on which he can receive mail; changes must be immediately passed on to Saka Media in the manner that Saka Media prescribes.

5c Mail sent to the E-mail address of the customer is deemed to have arrived.

6. Property

6a All intellectual or industrial property rights on all equipment, software or other materials developed or made available pursuant to an agreement rest with Saka Media or its licensor (s). The customer obtains the user right and the authorizations arising from the agreement.

6b Material supplied by the customer remains the property of the customer, unless explicitly agreed otherwise in writing.

7. Rights of third parties

Customer guarantees Saka Media that the assignment that customer gives to Saka Media in no way infringes any rights of third parties. This includes (but is not limited to): registration of the domain name, content of the website and software used.

8. Payment periods

A payment period is the period for which a customer pays an amount in advance. An agreement between customer and Saka Media is entered into for the payment period of 3 months. One month before the end of the period, the invoice will be sent with the next payment. The customer then has 2 weeks to cancel the service.

9. Invoices

9a By placing an order, a customer automatically agrees to receiving invoices by E-mail in PDF. Invoices are therefore not sent by post.

9b Complaints about invoices must be submitted within 14 days after sending the invoice.

9c After the expiry of the period referred to in 10b, the customer is deemed to agree with the invoice received.

9d If the customer acts on behalf of or on your behalf, it acts on behalf of an association, foundation or company, the customer will at all times be held personally responsible for outstanding invoices, if it should appear that the customer was not authorized to act on behalf of the legal entity for which the order was placed the agreement was entered into / the order was placed, or if the legal person on behalf of which was signed waives its obligation to pay.

9th Continuous issues, such as, but not limited to, domain name registrations, subscriptions and maintenance contracts, are always automatically extended. This rule can be deviated from in special cases, for example if there is a payment arrears. If a customer wants to stop a product, then that is possible at all times. However, a refund will only be made if the cancellation is made 1 month before the start of a new payment period. The customer is therefore obliged to pay the new invoice if he has canceled after the start of the new payment period.

9f Invoices must be paid at the latest on the final payment date stated on the invoice. If Saka Media does not receive the full invoice amount after the final payment date, the customer will automatically be in default without a formal notice of default being required.

9g If the customer is in shortcoming, he will owe interest on the outstanding amount that is equal to the statutory interest. The collection costs also owe 15% of the outstanding amount with a minimum of 40 euros.

9h In the event that Saka Media has to incur costs in order to be able to collect the claim and those costs exceed the amount stated in the previous paragraph, the customer will also owe the additional amount to Saka Media.

9i Saka Media will send a first payment reminder by E-mail, or other (electronic) communication ways, such as WhatsApp, if the customer has failed to pay an invoice.

9j Saka Media will send a second payment reminder if the customer does not respond promptly to the request for payment stated in the first payment reminder. Extra costs will be charged.

9k Saka Media is at all times entitled to suspend the service or to stop it, or to render the present product unusable if the customer does not respond promptly to the request for payment mentioned in the second payment reminder. Any resumption of services will only take place after the full outstanding amount has been paid, including additional costs.

9l With amounts up to and including € 2500,-, Saka Media is legally entitled to apply 15% on top of the amount in case of late payment, which will be at least
€ 40,-. We will feel compelled to apply this process. Prevent this by paying on time.

See the table below for more information about this process

Amounts up to and including

Applicable percentage

Maximum

€ 2.500

15% on top of the amount

€ 375 (min. € 40)

€ 5.000

€ 375 + 10% on top of

(amount – € 2.500)

€ 625

€ 10.000

€ 625 + 5% on top of

(amount – € 5.000)

€ 875

€ 200.000

€ 875 + 1% on top of

(amount – € 10.000)

€ 2.775

Above € 200.000

€ 2.775 + 0,5% on top of (amount – € 200.000)

€ 6.775

10. Suspension / termination of services

10a Saka Media reserves the right to suspend or stop the service to the customer in the event of late or late payment and / or violation of the General Terms and Conditions.

10b Suspension or termination of service does not relieve the customer of his obligation to pay the outstanding invoice(s) to Saka Media.

10c For suspension and / or termination of any services due to violation of one or more rules in these General Terms and Conditions, no compensation or refund will ever be made.

11. Right to refuse services

Saka Media has the right to refuse or cancel services at its own discretion.

12. Disclaimer

12a By placing an order, the client indemnifies Saka Media against all possible legal prosecutions, fines and the like, which could be the result of placing the order and the resulting activities.

12b The customer indemnifies Saka Media from all liability for failure to register, extend, request or register a product on time and / or incorrectly, such as, but not limited to, domain names and SSL certificates.

13. Price increase

13a If Saka Media increases the price of a continuous product, as referred to in paragraph 10e, the customer will be given the time to find another provider or product during the period for which payment has been made, with a minimum of 3 months. Until then he pays the old price.

14. Terminations

14a You can cancel a subscription by E-mail. After receiving the invoice with payment for the following period, you have two weeks to cancel the subscription or contract.

15. Change of Terms and Conditions

15a Saka Media is entitled to change the General Terms and Conditions at any time without directly informing the customer. Publication on the Saka Media website is sufficient for this. It is up to Saka Media to determine whether the change is also communicated directly to the customer.

16. Terms and conditions

16a Saka Media is entitled to terminate an agreement without notice or judicial intervention if:

– the customer’s bankruptcy is or has been pronounced;

– customer requests suspension of payment;

– a suspension of payment has been granted to the customer;

– the customer loses the authority over all or part of his assets through seizure or other causes barge;

– Saka Media has valid reasons to doubt the ability of the customer to meet his obligations (in time);

– the customer acts contrary to one or more of these conditions.

17. Trademark Information

17a The Saka Media logos and name are trademarked by Ufuk Tan Saka of Saka Media and fall under the jurisdiction of “Ownership of Materials” section below.

All other logos, products, and company names mentioned in the Saka Media website are trademarks of their respective owners and subject to their own copyright laws, Foreign or Domestic.

18. Ownership of Materials

18a The information, images, and / or data contained in this website is copyrighted by Ufuk Tan Saka of Saka Media and may not be distributed, modified, reproduced in whole or in part without the prior, handwritten and signed consent of Ufuk Tan Saka of Saka Media.

18b The information, images, and / or data contained in the websites we design are copyrighted by their respective owners and may not be distributed, modified, reproduced in whole or in part without prior permission of the website’s respective owner(s).

18c If permission is given by the website’s respective owner(s) to a third party to distribute, modify, reproduce in whole or in part the information, images, and / or data contained in their respective website retained by me for the design of their website, will only be given through direct correspondence with the website’s respective owner(s) and myself, Ufuk Tan Saka of Saka Media.

18d Website layouts and overall design for the websites we create are copyrighted by Ufuk Tan Saka of Saka Media.

18e An author tag and credit line (hidden or not) will be noted on each webpage we design. This line cannot be edited or removed unless the overall design or layout of the website or webpage(s) is changed with authorization from the website’s respective owner(s).

19. Disclaimer

19a Saka Media is not responsible for any damage that the customer may suffer. Saka Media gives no guarantees for damage resulting from the use of its services. This includes, but is not limited to, loss of data resulting from delays, non-arrival, or incorrect delivery, and all interruptions of services caused by Saka Media and its staff.

19b The website names, links, and information contained in this website, and in the websites we design, are subject to change, without notice.

If you have any questions, comments, or concerns, please E-mail us at info@sakamedia.nl