1. Definitions
Funnel Synergy: trade name of Tim Reininga, located at Lauwers 9, 9405 BL Assen, registered with the Chamber of Commerce under number 72067527.
Customer: the natural or legal person acting in the course of a profession or business who enters into an Agreement with Funnel Synergy.
Agreement: any agreement between Funnel Synergy and the Customer concerning the delivery of software, courses or services.
Services: all products and services offered by Funnel Synergy, including (but not limited to) access to the SaaS environment, courses, support materials and consulting.
2. Applicability
2.1 These terms and conditions apply to all offers, agreements and deliveries of Funnel Synergy.
2.2 Terms and conditions of the Customer are expressly rejected.
2.3 Funnel Synergy may amend these terms and conditions. Changes will be communicated to the Customer and will also apply to current Agreements. If the change is substantially adverse, the Customer may terminate the Agreement within 30 days.
3. Creation and implementation
3.1 An Agreement is established when the Customer registers digitally, places an order or when Funnel Synergy confirms the order in writing.
3.2 All offers and quotations by Funnel Synergy are without obligation unless otherwise stated in writing.
3.3 The Customer guarantees the accuracy of the data it has provided.
4. Accounts and usage rights.
4.1 Customer is granted a personal, non-exclusive, non-transferable right to use Funnel Synergy's software and materials while the Agreement is in effect.
4.2 Accounts are personal and may not be shared or resold.
4.3 The Customer is not permitted to copy, distribute, rent or otherwise make the software or materials available to third parties.
4.4 If this clause is violated, Funnel Synergy may immediately suspend the account and seek damages.
5. Compensation and payment
5.1 All prices are exclusive of VAT and other government levies.
5.2 Invoices must be paid within the time period specified on the invoice.
5.3 In the event of late payment, the Customer shall be in default without further notice of default and shall be liable for statutory commercial interest as well as extrajudicial collection costs.
5.4 Funnel Synergy may suspend the Services in the event of late payment.
6. Delivery and availability
6.1 Stated deadlines are indicative and not final.
6.2 Funnel Synergy makes every effort to provide the Services uninterrupted and error-free, but does not guarantee that the software will always work without failures or interruptions.
7. Suspension and termination
7.1 Funnel Synergy may suspend or terminate the Services if the Customer:
fails to meet its payment obligations;
misuses the software or materials;
acts seriously harmful or unlawful toward Funnel Synergy.
7.2 Amounts already invoiced shall remain due and become immediately payable upon termination.
8. Liability
8.1 Funnel Synergy's liability shall be limited to direct loss and up to the total amount paid by the Customer in the last twelve (12) months preceding the occurrence of the loss.
8.2 Funnel Synergy will not be liable for indirect damages, such as consequential damages, lost profits, loss of data or reputational damage.
8.3 This limitation does not apply in the event of intent or gross negligence on the part of Funnel Synergy.
9. Force Majeure
9.1 Funnel Synergy shall not be liable for failures resulting from force majeure, including third-party failures, Internet or network problems, government actions, illness or accidents.
9.2 If the force majeure continues for more than 30 days, both parties may terminate the Agreement in writing, without the right to compensation.
10. Intellectual property
10.1 All rights in software, courses, materials and documentation belong to Funnel Synergy or its licensors.
10.2 The Customer only acquires the right of use as described in Article 4.
11. Secrecy
11.1 Both parties shall keep confidential information obtained under the Agreement confidential.
11.2 This obligation shall survive termination.
12. Applicable law and disputes.
12.1 These terms and conditions and Agreements are governed exclusively by Dutch law.
12.2 Disputes will be settled by the competent court in the district where Funnel Synergy is located.