Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using the orbixa website (orbixa.world) and our services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service constitute a legally binding agreement between you and orbixa B.V., a company registered in the Netherlands with registration number 81450972. If you do not agree to abide by the above, please do not use this service.

Description of Service

orbixa provides e-commerce development services, including but not limited to platform development, system integration, ongoing support and maintenance, and related consulting services. Our services are designed to help businesses establish and enhance their online retail presence across European markets.

User Obligations

You agree to use our website and services only for lawful purposes and in accordance with these Terms of Service. You are prohibited from using our services to transmit, distribute, or store material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You must not attempt to gain unauthorised access to our systems, networks, or data, or interfere with the proper functioning of our website or services.

Service Availability

While we strive to ensure our website and services are available 24/7, we do not guarantee uninterrupted access. We reserve the right to suspend or restrict access to our website or services for maintenance, updates, or other operational reasons. We will provide reasonable notice of planned maintenance whenever possible.

Intellectual Property

All content on the orbixa website, including text, graphics, logos, images, and software, is the property of orbixa B.V. or its content suppliers and is protected by Dutch and international copyright laws. You may not reproduce, distribute, display, or create derivative works from any content on our website without our express written permission. The orbixa name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of orbixa B.V.

Client Work and Deliverables

For custom development projects, the specific scope of work, deliverables, timelines, and payment terms will be outlined in separate service agreements or statements of work. Upon full payment for services rendered, clients will receive appropriate rights to use the delivered work product as specified in the relevant service agreement.

Payment Terms

Payment terms for services will be specified in individual service agreements. Generally, payments are due within 30 days of invoice date unless otherwise agreed. Late payments may incur interest charges as permitted by Dutch law. We reserve the right to suspend services for accounts with overdue payments.

Limitation of Liability

To the maximum extent permitted by applicable law, orbixa B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our website or services. Our total liability to you for any claim arising out of or relating to these terms or our services shall not exceed the amount paid by you to orbixa for the specific service giving rise to the claim during the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless orbixa B.V., its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of our website or services, your violation of these terms, or your infringement of any third-party rights.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy.

Termination

We may terminate or suspend your access to our website or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use our website and services will cease immediately. Provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Modifications to Terms

We reserve the right to modify or replace these Terms of Service at any time. If a revision is material, we will 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 services after any revisions become effective, you agree to be bound by the revised terms.

Governing Law

These Terms of Service shall be interpreted and governed by the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands. If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence.

Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any service agreements, constitute the sole and entire agreement between you and orbixa B.V. regarding the website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Contact Information

If you have any questions about these Terms of Service, please contact us:

orbixa B.V.

Kastanjelaan 283, 4820 VX Breda, Netherlands

Registration Number: 81450972

VAT Number: NL845932706B01

Email: legal@orbixa.world

Phone: +31 301432971