White Dynamics

Terms & conditions

Terms & conditions

TERMS & CONDITIONS
Last updated 15/09/2015

Please read these terms and conditions carefully before using Our Service or doing business with Us. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Country refers to: Belgium

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to White Dynamics sprl

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website, Software or Application developed by Us.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Website refers to White Dynamics, accessible from https://www.whitedyn.com

  • You or Client means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of a business (“Business”), that you represent and White Dynamics sprl, doing business as White Dynamics ("White Dynamics", “we”, “us”, or “our”), concerning your access to and use of the https://www.whitedyn.com website as well as any other media form, media channel, website, software or application related, linked, developed or otherwise connected thereto (collectively, the “Site” or "Service"). You agree that by accessing the Site or by doing business with us, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND DOING BUSINESS WITH US.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

Links to Other Websites

Our Service may contain links or provide services (such as cloud hosting or domain names registration) to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Intellectual, property right
Unless otherwise indicated, the Site, software and any application developed by us is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”). The Content and software are provided on the Site “AS IS” and to the Client based on agreement for your information and use as agreed. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

In case of a software developed by us for a Client, the final result may be given, transferred or otherwise granted to the client only and after the full amount of the agreement has been paid.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access or export in the available format any information and only in case access to such a functionality is given by us and strictly in the it is available in the software. We reserve all rights not expressly granted to you in and to the Site, the Software, the Content and the Marks. Privacy policy We care about data privacy and security. Please review our Privacy Policy at https://whitedyn.com/privacy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and Software are hosted in European cloud servers. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Belgium, then through your continued use of the Site, you are transferring your data to Belgium, and you agree to have your data transferred to and processed in Belgium. Termination
These Terms of Use shall remain in full force and effect while you use the Site, Service or Software for as long as we provide services to you by a signed or verbal contract and provided that you have fully paid any amount for the agreed service.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE OR SOFTWARE, TO ANY PERSON PRIMARILY DUE TO UNPAID FEES, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to 10% of any paid amount by You and only upon proven that the client has suffered any damage by our doing and not by any breach of agreement from the Client or unpaid services.

To the maximum extent permitted by applicable law, in no event shall the We or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms) in case of a non paid service.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us directly.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any legal procedures or denial of service. Such informal negotiations commence upon written notice from one Party to the other Party.

Severability and Waiver
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

White Dynamics

Avenue George Bergmann 65

1050 Ixelles, Belgium

info@whitedyn.com

VAT: BE0600.969.636

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