1. General
1.1. These terms apply to every agreement entered into with The Online Gurus. By entering into the agreement, the client accepts all terms described in this document as well as applicable law. In case of conflict between these terms and the agreement, the agreement takes precedence. The terms may only be departed from by written agreement between the parties.
1.2. Unless otherwise stated, all prices are quoted excluding VAT. All amounts are payable in euro in accordance with the agreement.
1.3. Unless otherwise agreed, The Online Gurus reserves the right to use the client as a reference in sales material, including marketing material, the website and enquiries.
1.4. In the event of a sale, merger, demerger or other transfer of all or part of The Online Gurus’ business, The Online Gurus may transfer its rights and obligations under these terms and the agreement to a third party without the client’s consent.
2. Prices and payment
2.1. All products are invoiced in advance on the day the agreement is entered into. Ongoing optimisation is invoiced monthly, quarterly, half-yearly or annually in advance, depending on the product and agreement. All prices exclude advertising costs. We reserve the right to change our prices, agreements and current invoicing with a rolling month plus 30 days’ notice due to general price developments, inflation, force majeure and other economic conditions in the market that may affect our work.
2.2. Payment must be made within the agreed payment term, which as a rule is 5 days from the date of invoice. The first invoice is sent once both parties have accepted the agreement by email, including prices and a link to these terms. All invoices are sent and paid via the Stripe payment gateway in EUR by credit or debit card, and all future services included in the agreement will be charged automatically.
2.3. If payment is not made on time, The Online Gurus reserves the right to suspend services. Up to three reminders may be issued, each with a reminder fee of €15. Late-payment interest will also be added per reminder and per started month. In case of non-payment, the outstanding amount is transferred to our partner for debt collection.
2.4. There is no right of withdrawal when purchasing services from The Online Gurus, as the services cannot be returned.
3. Duration and termination
3.1. The agreement runs from the start date stated in the agreement or invoice. There is no lock-in period. The agreement may be terminated with a rolling month plus 30 days’ notice before the cut-off date defined in the original agreement (sent by email) or invoice. Example: if your agreement period runs from the 15th to the 15th each month, it can be terminated with a rolling month plus 30 days’ notice before the 15th of a given month.
3.2. The client may terminate the agreement at any time. The client pays for services until the end of the notice period.
3.3. The Online Gurus reserves the right to cancel an agreement at any time and with immediate effect, and thereby close the client’s activities, if there are reasons or evidence that the client has breached this agreement. In that case, the client remains liable to pay for services until the end of the notice period.
3.4. The client may not transfer, sell or in any other way assign the agreement to a third party without the express written consent of The Online Gurus.
4. Liability
4.1. Any claim for damages against The Online Gurus can never exceed the invoiced amount for the service delivered. The Online Gurus is not liable for operating losses, loss of profit or other indirect losses in connection with the agreement, including indirect losses caused by delays or defects in the service delivered.
4.2. The Online Gurus is not liable in case of force majeure, including power failures, telecommunication failures, fire, smoke damage, explosion, water damage, vandalism, burglary, terrorism, sabotage, strikes, lockouts, boycotts, blockades or other circumstances beyond The Online Gurus’ control that could not reasonably have been foreseen when the agreement was entered into.
4.3. The Online Gurus has the right to attempt to remedy any errors or defects in the services delivered within 14 days. If this is not successful, a proportional price reduction may be granted, never exceeding the originally invoiced amount.
5. Governing law and jurisdiction
5.1. Either party may bring disputes before the ordinary courts in accordance with the applicable rules.
The Online Gurus S.L., Carrer Doctor Vivas, 5, 08370 Calella, Barcelona, Spain. VAT: ESB21665948
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