Pantherix Solutions
Located at:
Regenboog 39
3824 ED Amersfoort
contact@pantherixsolutions.space
Article 1 - Applicability
1.1 These general terms and conditions apply to all legal relationships between Pantherix Solutions (hereinafter referred to as "Service Provider") and the Client, including all services provided by the Service Provider, particularly those specified in the Proposal.
1.2 Deviations from these general terms and conditions are only valid if expressly agreed upon in writing. The Service Provider explicitly rejects the applicability of any general (purchasing) terms and conditions used by the Client.
Article 2 - Obligation
2.1 The Service Provider will exercise the utmost care regarding the interests of the Client when performing the services. Specifically, the Service Provider will ensure the confidentiality of all data and information provided by the Client in the context of the Agreement.
2.2 If and to the extent that a proper execution of the Agreement requires it, the Service Provider has the right to have the services performed by third parties.
Article 3 - Quotations
3.1 All quotations are entirely without obligation, and the Service Provider is only bound by the quotation if it is signed by the Client within fourteen (14) days and received by the Service Provider.
3.2 The prices mentioned in the quotation are exclusive of VAT and other government levies, as well as any costs incurred in the context of the Agreement, including shipping and administrative costs, unless otherwise stated in the quotation.
Article 4 - Execution of the Agreement
4.1 If the services are performed at the Client's location or at a location designated by the Client, the Client shall provide, free of charge, the facilities reasonably desired by the Service Provider.
Article 5 - Duration of the Contract and Execution Period
5.1 If a term has been agreed upon between the Service Provider and the Client in connection with the execution of the services, this term is only approximate unless expressly agreed otherwise in writing. The Service Provider does not guarantee agreed delivery times, and untimely delivery does not entitle the Client to compensation, termination of the Agreement, or suspension of any obligation towards the Service Provider.
Article 6 - Fee
6.1 Parties may agree on a fixed fee when concluding the Agreement.
6.2 If no fixed fee is agreed upon, the fee will be determined based on the actual hours spent. The fee is calculated according to the usual hourly rates of the Service Provider applicable during the period in which the services are provided.
6.3 The Service Provider is entitled to adjust any price changes that occurred after the Agreement was concluded with the Client.
Article 7 - Payment
7.1 The Client is obligated to settle all invoices from the Service Provider within fourteen (14) days of the date of the invoice. Objections to the amount of the invoices do not suspend the payment obligation.
7.2 If the Client defaults on payment within the fourteen (14) days period, the Client is automatically in default. In such a case, the Client owes interest of 1% per month, unless the legal interest is higher, in which case the legal interest applies. The interest on the amount due will be calculated from the moment the Client is in default until the moment of full payment.
Article 8 - Retention of Ownership
8.1 All items delivered by the Service Provider, including reports, designs, equipment, software, (electronic) files, etc., remain the property of the Service Provider until the Client has fulfilled all obligations towards the Service Provider.
8.2 The Client is not authorized to pledge or encumber the items falling under the retention of ownership in any way.
8.3 If third parties seize the items delivered under retention of ownership or wish to establish or assert rights on them, the Client is obliged to immediately inform the Service Provider.
8.4 The Client undertakes to insure the items delivered under retention of ownership and keep them insured against fire, explosion, and water damage, as well as theft, and to provide the policy of this insurance for inspection upon first request.
8.5 In the event that the Service Provider wishes to exercise its ownership rights as indicated in this article, the Client now gives unconditional and irrevocable permission to the Service Provider to enter all those places where the assets of the Service Provider are located and to take back those items.
Article 9 - Complaints
9.1 Complaints about the services must be reported by the Client to the Service Provider in writing within eight (8) days after discovery, but no later than within fourteen (14) days after completion of the relevant services. Such notice of default must contain the most detailed possible description of the alleged shortcomings by the Client so that the Service Provider can respond adequately.
9.2 If a complaint is justified, the Service Provider will be given the opportunity to perform the services again. In the event that the re-performance of the services is objectively no longer possible, the Service Provider will only be liable within the limits of Article 11.
Article 10 - Notice Period
10.1 Both parties have the right to terminate the Agreement in writing at any time.
10.2 If the Agreement is terminated by the Client before completion, the Service Provider is entitled to compensation for the resulting loss. Additionally, the Client is obligated to pay for the services provided up to that point.
10.3 If the Service Provider terminates the Agreement before completion, the Service Provider forfeits the right to payment, except to the extent that the services already performed are beneficial to the Client.
Article 11 - Liability
11.1 Given the nature of the services and the subjective judgment involved, the Service Provider is not liable for any damage suffered by the Client due to the actions or omissions of the Service Provider in the performance of the Agreement, except in cases of intent or gross negligence. Consequential damages, including lost profits or incurred losses, will never be eligible for compensation.
11.2 In the event that the Service Provider is liable for damage suffered by the Client, the compensation owed by the Service Provider will never exceed the invoice value of the services that caused the damage or, if this cannot be determined, the invoice value of the services that the Service Provider performed for the Client at the time the event causing the damage occurred.
11.3 The Client indemnifies the Service Provider from all claims by third parties for damage related to or arising from the Agreement. This does not affect the duty of care of the Service Provider as mentioned in Article 3.
11.4 The exclusions and limitations of liability as stated in this article, as well as the indemnification as mentioned in Article 11.3, are also stipulated for the benefit of employees of the Service Provider and any other person whose assistance the Service Provider uses in the execution of the services.
11.5 The liability for services that the Service Provider has entrusted to a third party is limited to the extent that the third party effectively indemnifies the Service Provider.
Article 12 - Force Majeure
12.1 Force majeure is understood to mean any circumstance that reasonably prevents the further fulfillment of the Agreement by the Service Provider. This includes, but is not limited to, data loss due to computer malfunctions, virus infection, or computer intrusion by third parties, machine breakdown, and other calamities that impede or limit the operations of the Service Provider.
12.2 In the event that force majeure prevents the Service Provider from performing the services in whole or in part, the Service Provider has the right to suspend the execution of the services or consider the Agreement as entirely or partially dissolved, at its discretion, without the obligation to compensate any damage suffered by the Client.
12.3 If, at the time of the occurrence of force majeure, the Service Provider has partially fulfilled its obligations towards the Client arising from the Agreement and has performed services for the Client, and these performed services have independent value, the Service Provider is entitled to separately invoice these services. The Client is then obliged to pay the corresponding invoice from the Service Provider.
Article 13 - Indemnities
13.1 The Client indemnifies the Service Provider from third-party claims regarding intellectual property rights on materials or data provided by the Client for the execution of the Agreement.
13.2 If the Client provides the Service Provider with information carriers, electronic files, or software, the Client guarantees that these are free from viruses and defects.
Article 14 - Intellectual Property
14.1 All documents provided by the Service Provider, such as reports, advice, Agreements, designs, software, etc., are intended solely for use by the Client and may not be reproduced, disclosed, or made known to third parties by the Client without prior consent from the Service Provider, unless the nature of the documents dictates otherwise.
14.2 The Service Provider retains the right to use the knowledge gained from the execution of the services for other purposes, provided that no confidential information is disclosed to third parties.
14.3 The Service Provider is entitled to sign and/or use everything produced by the Service Provider for the promotion of its own organization and services.
Article 15 - Confidentiality
15.1 If, due to a legal provision or a judicial decision, the Service Provider is obliged to provide confidential information to third parties designated by law or the competent court, and the Service Provider cannot rely on a legal or judicially recognized or permitted right of non-disclosure, the Service Provider is not obliged to pay damages or compensation, and the counterparty is not entitled to terminate the Agreement.
Article 16 - Termination
16.1 The Service Provider has the right to terminate the Agreement, in whole or in part, without notice and without obligation to pay damages, or to suspend further execution of the Agreement, at its own discretion, if:
a. The Client is declared bankrupt;
b. The Client applies for a suspension of payments;
c. The Client liquidates its business;
d. The Client is placed under guardianship or dies; or
e. The Client fails to comply with any legal obligation or any obligation arising from the Agreement.
16.2 In the cases mentioned in Article 16.1, the Service Provider is entitled to immediately demand the entire fee owed by the Client.
16.3 The Client is obliged to inform the Service Provider immediately if a circumstance as referred to in Article 16.1 occurs. In the event of a circumstance as referred to in Article 16.1 sub e., the Client is automatically in default, and any debt to the Service Provider is immediately due.
Article 17 - Assignment and Obligations
17.1 The Client is not entitled to transfer the rights and obligations arising from the Agreement concluded under these general terms and conditions, in whole or in part, to third parties without the prior written consent of the Service Provider.
Article 18 - Applicable Law and Competent Court
18.1 These general terms and conditions take effect from April 1, 2023.
18.2 If any provision in these general terms and conditions is or becomes invalid, this does not affect the validity of the other provisions.
18.3 The legal relationship between the Client and the Service Provider is governed by Dutch law. All disputes between the Client and the Service Provider arising from or in connection with the Agreement will be settled exclusively by the competent court in the district of Pantherix Solutions.
Medical Disclaimer:
Our programs, products, services, and/or materials do not provide medical or mental advice. The information you receive through our programs, products, services, and/or materials is not intended to replace professional medical advice, diagnosis, or treatment received from your psychologist, psychiatrist, therapist, coach, certified nutritionist, dietitian, or any other registered health professionals. Never delay seeking professional medical and/or mental help based on information seen, read, or heard in any of our programs, products, services, and/or materials. Never stop using medication without consulting your doctor, psychiatrist, or other relevant healthcare provider. If you suspect a medical or mental health issue, contact your general practitioner or other healthcare provider immediately. We do not provide medical and/or mental care. We will not attempt to diagnose, treat, or cure any physical or mental conditions. We do not offer medical, psychological, or religious advice.
Financial and Legal Disclaimer:
Our programs, products, services, and/or materials should never be construed or held responsible for business, financial, or legal advice. The information you receive through our programs, products, services, and/or materials is not a substitute for professional advice that can be provided by your accountant, lawyer, or financial advisor. We do not provide financial or legal advice in any way. You are responsible for contacting your accountant, lawyer, or financial advisor for questions or concerns regarding your income, taxes, VAT, focusing on your financial and legal situation. You consent that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances and/or income level, or any other outcome, in any form, that may result from or be a result of the information you received through our programs, products, services, and/or materials. You are solely responsible for your results.
Earnings Disclaimer:
You acknowledge that we have not made and will not make any promises regarding health, physical, mental, emotional, spiritual, or future earnings, expenses, sales volume, or potential earnings or losses in any way as a possible result of our programs, products, services, and/or materials. We cannot and will not guarantee results concerning your participation in our programs, the use of our products, services, and/or materials. And you understand that we cannot guarantee any specific results, positive or negative, financial or otherwise, and you understand that the outcome will be different for each individual. We also want to emphasize that we are not responsible for choices, actions, results, use, misuse, or non-use of the information you receive through or from our programs, products, services, and/or materials. You agree that your results are truly yours, and we are not responsible for these results in any way.
Guarantees Disclaimer:
We do not provide guarantees regarding our programs, products, services, and/or materials. You agree that programs, products, services, and/or materials are provided as is and without any express or implied warranties. To the extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose. We do not guarantee that the programs, products, services, and/or materials will be functional, uninterrupted, correct, complete, suitable, or error-free, that defects will be corrected, or that the website or any part of the website, content is free of viruses or other harmful components. We do not guarantee or make comments about the use or results of using our program, product, services, and/or materials on third-party websites regarding accuracy, timeliness, reliability, or otherwise.
Technology Disclaimer:
We strive to ensure that the availability and delivery of our programs, products, services, and/or materials are uninterrupted and error-free, including our content and communication via methods/software and tools such as our website, member forums, private Facebook groups, email communication, videos, audio recordings, webinars, recorded webinars, emails, downloadable mp3 audios, files, downloadable pdf files, slides, handouts, e-books, or other materials provided by us. However, we cannot guarantee that your access will not be suspended or limited from time to time, including repairs, maintenance, or updates, although we naturally try to limit the frequency and duration of suspension or limitation. To the maximum extent permitted by law, we are not liable to you for damages or refunds, or for any other remedy, should our programs, products, services, and/or materials no longer be available or when access becomes slow or incomplete due to reasons such as system backup procedures, internet traffic, upgrades, overload of requests to servers, general network errors or delays, or any other cause that may make our programs, products, services, and/or materials temporarily inaccessible to you.
Errors and Omissions:
We do not guarantee or warrant the accuracy, timeliness, completeness, or suitability of the information in our programs, products, services, and/or materials. Every effort has been made to provide you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be responsible or liable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors, and we are not liable for such inaccuracies or errors to the maximum extent permitted by law.
Links to Other Websites:
We may provide links and references to other websites maintained by third parties that may take you outside of our programs, products, services, and/or materials. These links are provided for your convenience, and including a link in our programs, products, services, and/or materials to another website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for the opinions, facts, advice, or provisions provided by external sources referred to on our website or for the content, accuracy, reliability, or otherwise. We are not responsible for errors or omissions caused by other websites that may be included in our programs, products, services, and/or materials. We have no control over the content or functionality of those websites and therefore accept no responsibility for any loss, damage, or other things that may arise from your use of these websites, and therefore, we do not guarantee the accuracy, completeness, or usefulness of other websites about their content. It is your responsibility to review the terms and conditions and privacy policy of those linked websites to confirm that you understand and agree to these policies.
Indemnification:
You agree at all times to defend, indemnify, and hold harmless our company, as well as our employees, directors, shareholders, affiliates, JV partners, successors, assignees, acquirers, heirs, and licensees, if applicable, from and against all claims, damages, liability, costs, and expenses, including legal fees and expenses, arising from or related to our programs, products, services, and/or materials.
Limitation of Liability:
We are in no way responsible or liable for the information, products, services, and/or materials. We are not liable for accidents, delays, injuries, damage, loss, illness, death, lost profits, personal or business interruptions, misuse of information, physical or mental conditions, situations, or problems, or otherwise, as a result of any act or failure of anyone within our company, whether owners, staff, JV partners, contractors, vendors, affiliates, or otherwise. We are not liable for any owner, staff, JV partner, contractor, vendor, affiliate, or otherwise delivering our programs, products, services, and/or materials, or in any way or location. In the event that you have received our programs, products, services, and/or materials or other information provided by us or our affiliates, we assume no responsibility.
Your Behavior:
You agree not to use our programs, products, services, and/or materials in a way that damages, interrupts, or impairs the programs, products, services, and/or materials. You understand that you are solely responsible for all electronic communication and content transmitted from your computer to this website and its content. You may only use the programs, products, services, and/or materials for legally permitted purposes. You agree not to use our programs, products, services, and/or materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise an unlawful activity.
Send, use, or reuse material that is illegal, offensive, insulting, indecent, harmful, libelous, threatening, invasion of privacy, infringement of intellectual property rights, or that may harm others.
To send our programs, products, services, and/or materials with software viruses or any other harmful or similar computer code to negatively affect or infect the operation of computer software or hardware, commercial recruitment, chain letters, mass mailings, or any spam, whether intended or not.
To cause annoyance, inconvenience, or unnecessary stress.
Pretend to be a third party or otherwise deceive.
To reproduce, duplicate, copy, or resell any part of our programs, products, services, and/or materials in a manner that is not in accordance with these terms of use or any other agreement with us.
Communication Guidelines:
If you have any questions about your programs, products, services, and/or materials, you can send an email to contact@pantherixsolutions.space, and we will do our best to respond to your question as quickly as possible.
Purchase and Online Acquisition:
When you make a payment with internet banking or a credit card, you grant us permission to automatically charge the amount through the card or your account without additional authorization, and you will receive an electronic receipt. If you choose to pay in monthly installments, you must sign a SEPA form and return it promptly, authorizing Pay Pro and Pantherix Solutions to collect payments monthly.
In case the payment is not received within the stipulated period, you have a grace period of three days to make the payment; otherwise, the program, product, or services will not proceed, and we reserve the right to immediately and permanently terminate your access.
If you fail to make timely payments according to these terms or voluntarily decide to withdraw from our programs, products, or services at any time, you remain fully liable for the total costs of the programs, products, and/or services.
All information obtained during your purchase or transaction, including your name, address, payment method, credit card number, and billing details, may be collected by both us and our payment processing company.
You agree to purchase goods or services only for yourself or for another person for whom you have the legal right to do so or for whom you have obtained express consent to provide their information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our programs, products, services, and/or materials solely for legal, non-commercial purposes and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear refund policy in these terms that you agreed to before completing the purchase, we do not tolerate or accept any form of chargeback or actual chargeback from your credit card company, payment provider, or bank. In case of a chargeback on a purchase or receipt of a chargeback threat during or after the purchase, we reserve the right to report incidents to all relevant authorities.
The reported information includes your name, email address, order date, order amount, and billing address. Users with outstanding payments seeking removal from the database are required to pay the chargeback amount.
If you make a purchase from one of our affiliates or another individual or company through a link on or via our programs, products, or services, the information you provide during your purchase or transaction may be collected by the intermediary and its payment processing company. Your participation, correspondence, or business dealings with an affiliate, person, or company on or via our programs, products, or services, and any purchase terms, conditions, statements, or warranties related to payment, refunds, and/or delivery concerning the purchase, are solely between you and the seller. You agree that we are not responsible or liable for any loss, damage, refunds, or other matters of any nature incurred as a result of such transactions with a seller.
Companies and sellers processing payments may have pricing policies and data collection methods that differ from ours. We are not responsible or liable for these independent policies of the companies and sellers for payment processing. When making certain purchases through our programs, products, or services, you may also be subject to additional terms and conditions of a payment processing company, sellers, or us that specifically apply to your purchase. For more information about a provider and its associated terms and conditions, visit the seller's website and click on the information links or contact the seller directly.
You release us, our affiliates, our payment processing company, and sellers from any damages you may incur and agree not to assert any claims against us or them arising from your purchase via or the use of our website or its content.
Monthly Charges:
If you use monthly services, service, software, hosting, cloud storage, or other activities, payment must be made according to the agreement. In case of non-payment, Pantherix Solutions reserves the right to stop all services, service, software, or other services. Pantherix Solutions is not liable for any damages suffered by the customer due to the discontinuation of the service, service, software, or other.
Storage:
All data and confidential information are stored through a data management system. This data and confidential information are only accessible to those who help manage that information to deliver emails or contact those who want to receive information. You agree and acknowledge that we, including our team, staff, and affiliates, and those who manage the data management system, may have access to your confidential information.
Confidentiality and Disclosure:
All confidential information will be kept confidential and will not be disclosed to third parties, except that we may disclose confidential information and personally identifiable information: 1) under these terms of use and the privacy policy and our disclaimer, 2) if we are required to do so by law, 3) in the sincere belief that such action is necessary to comply with the law, 4) to comply with any legal process served by us or our partners, sponsors, investors, or affiliates, 5) to protect and defend our rights or property or those of our users or buyers, and/or 6) to act as soon as possible to protect the personal safety of our users, buyers, or the public. We will not sell, distribute, or lease your confidential information to third parties unless we have your permission or are legally required to do so.
Viewed by Others: Note that when you make your confidential information or other information available for viewing by others, such as via our programs, products, services, and/or materials, our website, or social media, the confidential information or other information you share may also be seen, collected, and used by others, and therefore, we cannot be responsible for unauthorized use by others of such confidential information or other information you voluntarily share online or otherwise.
How to Use Cookies:
We may use the standard cookie feature of major web browsers. We do not place confidential information in cookies, and we also do not use data collection mechanisms on our website other than cookies. You may choose to disable cookies through your own web browser settings. However, disabling this feature may reduce your experience on our website, and some features of our programs, products, services, and/or materials may not work as intended. We have no access to any information collected by other individuals, companies, or entities whose website or resources may be linked to our programs, products, services, and/or materials.
Passwords:
To use certain features of our programs, products, services, and/or materials, you may use a username and password for a group or a unique individual username and password that you will receive through your registration and/or purchase process. You may be able to change the username and/or password of your choice. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (by you or others) that occur under your password or account. It is not allowed to share your username and/or password with anyone. If we learn that you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the program, product, services, and/or materials, website, private forum, Facebook group, or any other related communication. It is your responsibility to protect your own password from disclosure to others. We may and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that occur with your password and in your account. If you share your password (s) with someone, they may access your personal information at their own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other security breach and to ensure that you leave your account at the end of each session. By using our programs, products, and services, you agree to enter correct and accurate information as part of the registration, purchase process, and otherwise. If you provide an incorrect email address, we have the right to deactivate your account immediately. We will do our best to keep your password private and will not share your passwords without your permission unless necessary when the law requires it or in the sincere belief that such action is necessary, especially when disclosure is necessary to identify legal personality, contact, or take legal action against someone who may cause injury to others or interfere with our rights or property.
If you have any questions about these terms and conditions, please contact contact@pantherixsolutions.space.