Welcome to the terms and conditions ("Terms") used by AWK Test Services B.V. ("AWK Test Services"). Each paid service ("Service”) delivered by AWK Test Services constitutes an agreement to be bound by these Terms. In addition, one or more specific terms could apply from the AWK Test Services Terms of Use and Privacy Notice. All terms are between you and AWK Test Services (or relevant AWK Test Services affiliate) and specifies the respective rights and obligations of each party.
AWK Test Services reserves the right to change any term at any time. Please review all applicable terms each time prior to any purchase. The Terms in force at the time of ordering will apply between you and AWK Test Services.
1 Applicability
1.1 AWK Test Services provides the following Services for use:
(i) Consultancy in Software Development;
(ii) the company website and forum accessible at www.awk-test-services.com;
(iii) the online tool accessible via the website Featrz at featrz.com; and
(iv) other online tools provided by AWK Test Services, not named explicitly
altogether referred to as "Services" or “Websites”.
1.2 Use outside of The Netherlands
Although the Websites are accessible worldwide, the Websites are not designed and tested for use in all countries. If you choose to access the Websites and/or use Services outside the Netherlands (as the "Target Country"), you do so on your own initiative and you are solely responsible for complying with the applicable local laws in your country. To the extent permissible by law, AWK Test Services will not be responsible nor accepts any damage or loss caused by your access or use of the Websites in a non-Target Country.
2 Payment
2.1 Payment Method
By providing a credit card or other payment method, you represent and warrant that you are authorised to use the designated payment method and that you authorise AWK Test Services (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
2.2 Payment Term
Payments that are due via an invoice must be paid within 30 days after the date mentioned on the invoice.
3 Services
All Services provided by AWK Test Services will be governed also by the AWK Test Services Terms of Use, available and easily accessible via the AWK Test Services website (www.awk-test-services.com).
4 Pricing products
Prices for Services are subject to change at any time, but these changes will not affect any order for Services you have already placed. In the event that AWK Test Services change the pricing for any Service, AWK Test Services will give you advance notice of this change in accordance with section 11 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing.
5 Taxes
Depending on the order, AWK Test Services charges sales tax in accordance with the applicable laws in the relevant country.
6 Refund policy
If, for any reason, you want to cancel your ordered service, you must notify us within the (the "Cancellation Period"): 30 days following the day you started the service.
AWK Test Services will refund the price you paid for the Service, less the value of any discounts you received. AWK Test Services will pay any refunds due to you within the 14 days following the earlier of: (a) the day on which we receive your notification.
The refund policy described above is in addition to, separate from, and does not substitute your legal rights and remedies under applicable law.
7 Disputes and arbitration
(a) Please contact AWK Test Services first if any dispute arises between you and AWK Test Services. AWK Test Services’ goal is to continuously learn and the first step to do so is by addressing your concerns. By accepting these terms you therefore agree that you will notify AWK Test Services about any dispute you have with AWK Test Services.
(b) Binding Arbitration. You and AWK Test Services agree, subject to section 7(f) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any form other than set forth in this section. Furthermore, you agree that arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such a waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Services. Subject to section 7(f) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against AWK Test Services or AWK Test Services against you will be resolved by binding arbitration except that you may take claims to the small claims court if they qualify for hearing by such a court.
(c) Arbitration Procedures. You must first present any claim or dispute to AWK Test Services by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to AWK Test Services. AWK Test Services may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 11 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules. The place of any arbitration will be Amsterdam, the Netherlands, and will be conducted in the English or Dutch language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential and neither you, nor AWK Test Services, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No class actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and AWK Test Services. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, AWK Test Services may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
8 Limitation of Liability
Nothing in these Terms and in particular within this clause 8 ("Limitation of Liability") shall attempt to exclude or limit liability that cannot be excluded under applicable law.
To the maximum extent permitted by applicable law, in no event will (a) AWK Test Services be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the services, even if AWK Test Services knew or should have known of the possibility of such damages, and (b) AWK Test Services’ total cumulative liability arising from or related to the services, whether in contract or tort or otherwise, exceed the fees actually paid by you to AWK Test Services for the service at issue in the prior six (6) months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. AWK Test Services disclaims all liability of any kind of AWK Test Services’ licensors and suppliers.
9 Data Protection
By placing an order for Services, you agree and understand that AWK Test Services may store, share, process and use data collected from your order form. AWK Test Services may also share such data globally. AWK Test Services and/or affiliates shall protect your information in accordance with the Privacy Notice available and easily accessible via the AWK Test Services website (www.awk-test-services.com). AWK Test Services works with other companies that help AWK Test Services provide Services to you, such as credit card processing companies, and AWK Test Services may have to share certain information with these companies for this purpose. Please refer to the Privacy Notice for more information regarding data protection.
10 Communications
You are communicating with AWK Test Services electronically when you use the Websites or send email to AWK Test Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order on the Websites, we collect and store your email address. From that point forward, your email address is used to send you information about Services unless you opt-out of such emails using the opt-out link in the emails.
11 Notifications
AWK Test Services may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the website. AWK Test Services is not responsible for any automatic filtering you or your network provider may apply to email notifications.
12 Force majeure
AWK Test Services will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13 Severability
If any part of these Terms becomes illegal, invalid, unenforceable or prohibited in any respect, under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
14 Survivability
The obligations in sections 7, 8 and 9 through 16 will survive any expiration or termination of these Terms.
15 Waiver
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
16 Governing law and jurisdiction
These Terms are governed by Dutch law. A contract for the purchase of Services through the Website and any dispute or claim arising out of or in connection with it will be governed by Dutch law. The court of Amsterdam (Netherlands) will have (exclusive) jurisdiction or any other court that has jurisdiction under relevant consumer protection laws in your jurisdiction.