• Powergram is an intermediary that aims to grow the number of followers on its customers’ Instagram accounts.
• In these General Terms and Conditions, ‘Customer’ means: the natural person or legal entity or the partnership of natural and/or legal entities or the intermediary or representative acting on their behalf who uses Powergram’s Services and instructs Powergram to provide Services as referred to in paragraph 4.
• In these General Terms and Conditions, ‘Agreement’ means: the legal relationship between Powergram and the Customer, in the broadest sense.
• In these General Terms and Conditions, ‘Services’ means: all products and services supplied to the Customer by Powergram and/or third parties engaged by it, including increasing the number of followers of its customers’ Instagram accounts, as well as all other work carried out by Powergram for the benefit of the Customer, of whatever nature, carried out in the context of an assignment, including work that is not carried out at the express request of the Customer.
• In these General Terms and Conditions, ‘Website’ means: the Website https://powergram.net
• The General Terms and Conditions apply to all Agreements concluded between the Customer and Powergram in which Powergram offers Services or delivers products.
• Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Powergram.
• The applicability of the Customer’s purchasing or other conditions is expressly rejected, unless expressly agreed otherwise in writing.
• The General Terms and Conditions also apply to additional or changed orders from the Customer.
• All offers on the Website are entirely without obligation, unless expressly stated otherwise.
• Customer can place an order on the Website. The Agreement is then concluded by placing an order and accepting a subscription form.
• If Powergram sends a confirmation to the Customer, it is decisive for the content and interpretation of the Agreement, subject to obvious errors. Powergram cannot be held to its offer if the Customer can reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.
• Powergram will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements.
• Powergram has the right to have certain work carried out by third parties.
• When engaging third parties, Powergram will exercise due care and consult with the Customer when selecting these third parties, as much as this is reasonably possible and customary in the relationship with the Customer. The costs of engaging these third parties will be borne by the Customer and will be charged by Powergram to the Customer.
• The Customer ensures that all information that Powergram indicates is necessary or of which the Customer should reasonably understand that it is necessary for the execution of the Agreement, is provided to Powergram in a timely manner. If the information required for the execution of the Agreement has not been provided to Powergram in a timely manner, Powergram has the right to suspend the execution of the Agreement and/or to charge the Customer for the additional costs resulting from the delay in accordance with the then customary rates. to take.
• The Customer ensures that Powergram can provide its services in a timely and proper manner. If the Customer does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
• If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Customer must give Powergram written notice of default. Powergram must be offered a reasonable period to still implement the Agreement.
• Powergram is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Customer does not fulfill the obligations under the Agreement, does not fully or does not fulfill them on time, or if Powergram has good reason to fear that the Customer will fail to meet those obligations. will fall short.
• Furthermore, Powergram is entitled to terminate the Agreement if circumstances arise that are of such a nature that compliance with the Agreement is impossible or unchanged maintenance of the Agreement cannot reasonably be required.
• If the Customer fails to fulfill its obligations arising from the Agreement and this non-compliance justifies termination, Powergram is entitled to terminate the Agreement immediately and with immediate effect without any obligation on its part to pay any damages or compensation, while the Customer, from due to breach of contract, compensation or compensation is obliged.
• The Customer may terminate the agreement and terminate the subscription subject to a notice period of 1 (in words: one) month. The Customer must notify the cancellation by e-mail no later than 2 (in words: two) weeks before the end of the subscription period.
• The Customer may cancel at any time.
• Cancellation of the Agreement after signing the quotation or placing the order is not possible.
• Cancellation must be made in writing and expressly confirmed by Powergram.
• All amounts stated on the website and in the quotation are in euros and include VAT, unless stated otherwise.
• Powergram has the right to correct apparent errors in the quotation.
• Payment is made via a monthly direct debit for which authorization has been issued via IDEAL.
• The Customer has the obligation to immediately inform Powergram of any inaccuracies in the stated or provided payment details.
• If the Customer fails to pay an invoice on time, or an error occurs when paying the direct debit, the Customer is legally in default, without further notice of default being required. The Customer will then owe the statutory interest. The interest on the amount due will be calculated from the moment the Customer is in default until the moment the full amount is paid.
• If Powergram decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the Customer is, in addition to the principal sum owed and the interest referred to in Article 8.7, also obliged to pay all reasonably incurred judicial and extrajudicial costs. reimburse. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that relates to reimbursement for extrajudicial collection costs.
• Powergram’s delivery time depends on obtaining information from the Customer and is therefore variable.
• The Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Powergram is not liable for damage, including due to an incorrect order, if the Customer has provided incorrect, unrepresentative or irrelevant data.
• Powergram is not liable for errors or omissions of third parties or systems it engages. By using Powergram’s Services, the Customer grants Powergram the authority, if a third party engaged by Powergram wishes to limit its liability, to accept that limitation of liability also on behalf of the Customer.
• Powergram is not liable for indirect damage, including but not limited to consequential damage.
• Powergram is not liable for any damage caused by an error in the systems, programs or algorithms used by Powergram.
• Powergram is not liable for any form of damage relating to the Customer’s Instagram account, when this damage is the result of an action by the Customer. Possible Damages also include the temporary suspension or deletion of the Customer’s Instagram account.
• Powergram is not liable for any errors on the Website.
• Powergram is not liable for failure to meet the obligations arising from the Agreement or to fail to do so on time, if this is caused by force majeure as referred to in Article 12.
• The Customer indemnifies Powergram against claims from third parties, of any nature, related to the Services.
• If Powergram is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Customer due to a demonstrable failure to fulfill Powergram’s obligations with regard to its Services.
• The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of Powergram.
• This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
• Force majeure means all external causes, beyond the control or fault of Powergram, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
• Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of personnel of Powergram itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions to Powergram’s systems, fire, floods, natural disasters, riots, war or other domestic unrest.
• In the event of force majeure, performance of the Agreement will be suspended as long as the force majeure continues.
• If the force majeure lasts longer than one month, both parties are entitled to terminate the Agreement without judicial intervention.
• Each party guarantees that all information received from the other party that it knows or should know is of a confidential nature will remain secret. The party that receives confidential information will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the parties. Powergram cannot be held to this if the provision of data to a third party is necessary pursuant to a court decision, a legal regulation or for the correct execution of the agreement.
• Powergram reserves the rights and powers that accrue to it under the Copyright Act.
• Customer guarantees that no rights of third parties oppose making data available to Powergram. Customer will indemnify Powergram against any action based on the allegation that such making available, use, editing, installation or incorporation infringes any right of third parties.
• If the customer has a complaint, the customer must send this in writing to info@powergram.net or report it by telephone on +31 646743991.
• Powergram is registered with the Chamber of Commerce under number 68655193 under the name Uplifting Services and carries VAT identification number NL001223079B19 . Powergram is located in The Netherlands at Baden Powellweg 22C, 1069KW in Amsterdam and can be reached on info@powergram.net or by phone on +31 (0)6 4674 3991
• Dutch law applies to the legal relationship between Powergram and the customer.
• All disputes that may arise between Powergram and the customer will be settled by the competent court of the Amsterdam district.
