LURNR.EU - LURNR.ACADEMY

TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. Definitions

1. Lurnr Academy or Essence E-Services: trading under the name “Essence E-Services and Lurnr” with its registered office in Leidschendam

2. Client, client, customer, purchaser: the natural or legal person with whom the agreement for the delivery of products and services of Essence E-Services is concluded.

3. Products and services of Essence E-Services: the products and services to be exploited by Essence E-Services whereby information to be made available by the client can be consulted electronically and with which electronic messages can be exchanged between users; this includes the production, placement and rental of web sites, the rental and registration of a domain, the promotion of a web site and all other additional and supporting products and services.

4. Agreement: any mutual acceptance, confirmed digitally, in writing or by e-mail, of the delivery of one or more products or services of Essence E-Services. Electronically placed orders are expressly included herein.

The site: https://www.essence-eservices.com ,https://lurnr.eu, https://www.lurnr.academy.

2. Applicability

1. Insofar as the parties have not deviated from this in writing by mutual agreement, the articles below apply to every offer, assignment or agreement from or with Essence E-Services.

2. General terms and conditions of the client or third parties are not binding for Essence E-Services and are not applicable.

3. In all cases in which an agreement with the customer ends, these general terms and conditions continue to govern the relations between the parties insofar as this is necessary for the settlement of that agreement.

4. Essence E-Services is entitled to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes will take effect two weeks after publication or date specified by means of a written notification or a notification on the web pages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, he has the right to terminate the agreement in writing until the date on which the amended terms and conditions come into effect. After the time of entry into force, the customer is deemed to have accepted the changes – tacitly

3. Offer and Acceptance

1. All quotations and quotations made by or on behalf of Essence E-Services are without obligation, exclusive of VAT and per year. Unless indicated otherwise.

2. Essence E-Services has the right to revoke quotations made. Unless stated otherwise in the quotation, the quotations are valid for a maximum of 14 days from the date stated in the quotation. The quotation is at all times based on the information provided by the customer.

3. If conditions are set for the use or application of a certain domain name or a certain domain name extension by the authority that issues the domain name or extension concerned, the customer must comply with these conditions, failing which Essence E-Services has the right to to cancel the domain name registration granted by the Customer, or to suspend the registration procedure.

4. Commencement of the agreement

An agreement is concluded on the day that the following conditions are met: the (digital) quotation or contract form, completed by the client, has been received and accepted by Essence E-Services.

5. Duration and Termination

1. Unless the agreement states otherwise, an agreement for all other products and/or services of Essence E-Services is entered into for a period of 12 months, the duration is also indicated on the invoice. After a term has elapsed, tacit renewal for the same period will take place, subject to timely cancellation by the customer or Essence E-Services as described in Article 5(2).

2. Termination of an agreement by the client must take place at least two (2) calendar months before the end of the agreed term. Essence E-Services has the right to terminate the agreement at any time in writing or by e-mail, whereby a notice period of at least two (2) calendar months must be observed. Cancellation by the customer must be made in writing by post, whereby the date of the postmark applies as the cancellation date. Cancellations by e-mail cannot be processed.

3. A transfer of a domain by the customer to another provider does not constitute termination of the agreement.

4. After receipt of the cancellation Essence E-Services will send a confirmation of cancellation, without this confirmation there is no proof of cancellation and the agreement will continue. The confirmation is sent to the e-mail address of the administrative contact as known to our customer administration.

5. Essence E-Services has the right to terminate the agreement with immediate effect if the client does not, not properly or not fully fulfill one or more of its obligations towards Essence E-Services or acts contrary thereto.

6. Essence E-Services reserves the right to no longer maintain domains after exceeding the payment term by 1 month.

7. Essence E-Services has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the client has been declared bankrupt, has applied for or obtained a moratorium or has otherwise lost free management or its assets. The latter party is then not entitled to any compensation.

8. Essence E-Services has the right to terminate the agreement with immediate effect and without judicial intervention if:

a) the client makes improper use of services provided by Essence E-Services
b) pornographic images are distributed
c) Dutch law is being violated
d) international law is being violated

6. Downgrade product

1. Products can be converted by the client into other products, when it comes to a conversion to a cheaper product we speak of a downgrade. The lower rate then applies for the next billing period. A downgrade of an agreement by the Customer must take place at least two (2) calendar months before the end of the agreed term for the current contract. A downgrade by the customer must be made in writing by post or fax. Downgrades by email cannot be processed.

7. Obligations of Essence E-Services

1. Essence E-Services makes every effort as a good service provider to ensure: the provision of the Essence E-Services service(s) stipulated in the agreement; establishing and maintaining the connections that can be made via the system with the internet; the security of data that is stored.

2. However, Essence E-Services cannot guarantee unobstructed access to the system and the internet, nor that Essence E-Services can be used at all times.

3. Essence E-Services refrains from viewing personal e-mail and/or files of customers and does not make them available to third parties, unless Essence E-Services is obliged to do so by law or a court decision, or in in the event that the customer acts, or is suspected of acting, in violation of articles 8.2 to 8.3 of these general terms and conditions.

4. Essence E-Services is reluctant to send e-mail to customers. Essence E-Services does not grant permission to third parties to use its mail file and does not itself send offers to customers at the request of third parties. Customers will receive the (free) Essence E-Services Newsletter, with service announcements and news about the services and products of Essence E-Services. If you do not wish to receive this newsletter (anymore), you can send a request by e-mail to servicedesk@essence-eservices.com

8. Customer Obligations.

1. The customer will act and behave in accordance with what may be expected of a responsible and careful internet user. The customer will inform Essence E-Services in writing as soon as possible of changes in relevant data. The customer is responsible for the availability of the most recent customer data, or contact details, in the administration of Essence E-Services.

2. The customer shall refrain from hindering other customers or internet users and from causing damage to the system. The customer is prohibited from starting processes or programs – whether or not via the system – of which the customer knows or can reasonably suspect that this will hinder or cause damage to Essence E-Services, other customers or internet users. This expressly also includes indirect damage due to misconfiguration on the customer side, for example but not exclusively open relaying by a misconfigured mail server. The customer is only allowed to start processes or programs if there is a direct connection with the system, permitted by Essence E-Services.

3. The customer is not allowed to use the system and the writing space for actions and/or behavior that are in conflict with applicable legal provisions, the netiquette, the agreement or these general terms and conditions. This includes, but is not limited to, the following actions and behaviors: Spamming: sending unsolicited large amounts of e-mail with the same content and/or posting a message with the same content to large numbers of newsgroups on the internet. This also includes spam sent via any other provider with reference to a website, e-mail address or other service at Essence E-Services; infringing copyrighted works or otherwise acting in violation of the intellectual property rights of third parties; publishing or distributing child pornography; sexual harassment or otherwise harassing persons; hacking: the unauthorized intrusion of other computers or computer systems on the internet.

4. The customer is not permitted to transfer or use his or her account, the manual or other rights arising from the agreement to third parties, unless Essence E-Services has given express written permission for this. Without prejudice to the foregoing, the customer is allowed to have a website designed, placed and maintained by a third party. The customer remains responsible for the use of his or her account and password.

5. The customer is responsible for the necessary hardware and software, configuration, peripheral equipment and connections to enable access to the system.

6. The customer is bound by the amount of writing space as described in the agreement. The customer is responsible for not exceeding this amount. Essence E-Services is authorized to remove information for the proper functioning of the Essence E-Services services in the event of a large exceedance.

7. The customer hereby gives Essence E-Services permission to include his or her personal data in the Essence E-Services personal registration, which is required for its administration and management tasks. This personal registration contains both account and traffic data and is only accessible to Essence E-Services and is not provided to third parties, unless Essence E-Services is required to do so by law or a court decision.

9. Delivery and delivery time

1. Delivery of the hosting account and domain name takes place as soon as possible after a written or digital order and delivery of data and documents and/or promotional material required by Essence E-Services, or at a later date to be agreed.

2. If the agreed delivery time threatens to be exceeded, this will be communicated as soon as possible. In the event of force majeure on the part of Essence E-Services, the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be regarded as a ground for dissolution of the agreement.

3. When applying for and registering a domain, a lead time of several weeks should be taken into account.

10. Force Majeure

1. Force majeure with regard to the agreement is understood to mean everything that is understood in this regard in law and jurisprudence. More specifically, all external causes that were not reasonably foreseeable and as a result of which Essence E-Services is unable to fulfill its obligations towards the customer. This includes, but is not limited to, failures in the connection to the Internet, failures in the telecommunications infrastructure, failures in networks.

2. Essence E-Services is not obliged to fulfill its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved.

11. Data/email traffic

1. The data traffic/email traffic is determined by us using the method used in the software packages used by Essence E-Services as described on our website (for example software from the companies SWsoft, Plesk or CPanel).

2. The data/email traffic is limited by our fair use policy on the understanding that this must be acceptable in relation to the average usage of the average user, if a website shows exceptional usage, it will be removed or receive a surcharge over the extreme use. Our web hosting packages are in any case regarded as exceptional use: more than 3 gigabytes of data traffic per month. We will inform the client of this extreme use and give them the opportunity to pay a surcharge for this extreme use of data/email traffic, in consultation with Essence E-Services, if the relevant owner of the If the website does not wish to agree to this, he will be given the opportunity to relocate the present website elsewhere and remove it from the servers of Essence E-Services until noon after the written notification. If the client does not comply, the standard rates for data traffic will be applied in full. Rates can be found at https://www.lurnr.academy, https://lurnr.eu and https://essence-eservices.com. Essence E-Services also reserves the right to remove the present website from its servers without further notice. No claim can ever be made for compensation in any form whatsoever.

12. Disk usage

1. The disk usage is determined by us using the method used in the software packages used by Essence E-Services as described on our website (for example software from the companies SWsoft, Plesk or CPanel).

2. Our hosting products have clearly defined limits with regard to the amount of disk space available to the client. When the allocated disk space is exceeded, the client is automatically notified by e-mail. This email is sent daily as long as the exceedance continues. If, in our opinion, this exceedance continues for too long, we will inform the client in writing, who will then be given the choice either to purchase more disk space or to reduce his/her use. If we have not received a response from the client to our letter after seven days, we reserve the right to upgrade the package to the required volume so that the disk usage limit is no longer exceeded. If at any time after our writing the disk usage limit is again exceeded, we reserve the right to upgrade the package again. Essence E-Services also reserves the right to remove this website from its servers without further notice. No claim can ever be made for compensation in any form whatsoever.

13. Prices

1. All prices stated on the site, as well as agreed prices, are exclusive of VAT, unless stated otherwise.

2. Essence E-Services has the right to change the rates. Changes also apply to agreements already concluded. Changes will take effect two weeks after publication or date specified by means of a written notification or a notification on the web pages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, he has the right to terminate the agreement in writing until the date on which the amended terms and conditions come into effect. After the time of entry into force, the customer is deemed to have tacitly accepted the changes.

3. Indexation: Essence E-Services reserves the right, without prior notice, to increase all prices annually by a percentage. This percentage is equal to a maximum of 5 percent plus a percentage equal to the increase in the consumer price index, as determined by Statistics Netherlands, for the year prior to that of the price increase. It is also expressly stated that price increases as a result of the indexation applied by us do not constitute grounds for interim dissolution. The indexation is an integral part of the agreed price.

14. Payment Terms

1. The payment obligation of the client commences on the day the agreement is concluded. The payment relates to the period starting on the day of the actual availability of products and services of Essence E-Services.

2. The fee owed in respect of the agreement is exclusive of VAT and any other levies arising from statutory regulations. In addition, the Client owes the fees arising from these terms and conditions or regulations.

3. Depending on the term for which the agreement has been entered into, the costs owed will be charged in advance, and must generally be paid annually in advance, by direct debit or by digital payment via iDeal, PayPal or bank transfer invoice, if not Essence E-Services reserves the right to (temporarily) suspend its performance.

4. Essence E-Services sends the client an invoice per payment term for the costs associated with the agreement.

5. If the client has not paid in time, this will be communicated to the client and a further payment term will be determined. If payment is not made within that term, the client is in default without further notice of default.

6. If the client is of the opinion that the costs charged are incorrect, the client can make the objections known to Essence E-Services within two weeks of the date on the invoice. After receipt of the objection, Essence E-Services will investigate the correctness of the invoice amount.

7. The client is in default from the time when the due fee cannot be collected due to the fault of the client, this applies in the case of direct debit.

8. If the amounts owed cannot be collected or not received due to the fault of the client, Essence E-Services will charge default interest equal to the statutory interest, which will be due from the moment the client is in default until the time of collection. All reasonable costs incurred in obtaining payment in and out of court are also at the expense and risk of the customer.

9. If a higher amount is collected by mistake, Essence E-Services must immediately return the excess amount collected to the client at the first request of the client. All this plus statutory interest from the day of collection until the date on which the said amount will be returned.

15. Liability

1. Essence E-Services is dependent in its activities on the cooperation, services and deliveries of third parties, over which Essence E-Services has little or no influence. Essence E-Services can therefore in no way be held liable for any damage whatsoever arising from the relationship with Essence E-Services or the termination thereof, regardless of whether the damage occurs or becomes visible during the relationship with Essence E-Services.

2. In the event of an attributable shortcoming in the fulfillment of the agreement, Essence E-Services is only liable for replacement compensation, ie compensation for the value of the failed performance. Any liability of Essence E-Services, for example for any other form of damage, is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost turnover or profit.

3. The client indemnifies Essence E-Services against all claims for compensation that third parties may assert with regard to damage that has arisen in any way through the unlawful or careless use of the products and services of Essence E-Services supplied to the client.

4. Given the large number of nodes on the Internet with human intervention, the use of local networks and wireless communication, it must be taken into account that the information obtained or sent via the Internet is freely accessible. Essence E-Services cannot be held liable for damage in any form whatsoever caused by sending confidential or secret information. Essence E-Services is not liable for security or misuse by third parties of the data that is stored.

5. Essence E-Services is not responsible or liable for the content of promotional material supplied by the client.

6. The Client is responsible for providing any required specific settings that are required for the correct functioning of third-party software or services.

7. The client is liable for all damage that Essence E-Services may suffer as a result of a shortcoming attributable to the client in the fulfillment of the obligations arising from the agreement and these terms and conditions.

8. The client must notify Essence E-Services immediately in writing of any changes to the client’s data. If the client does not do this, the client is liable for any damage that Essence E-Services suffers as a result.

16. Transfer of rights and obligations

1. The parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without the prior written consent of the other party.

2. When domain names are registered by Essence E-Services in the name of Essence E-Services for the client, cooperation is provided to orders from the client regarding the transfer, transfer or cancellation of these domain names. In all disputes in or out of court, the client who makes use of such a domain name is offered the opportunity to take over the domain name under its own title. If the client does not respond to this within 24 hours, we will cancel the registration of the domain name. No claim can ever be made for compensation in any form whatsoever.

17. Decommissioning

1. Essence E-Services has the right to (temporarily) put the delivered products and services out of use and/or to limit their use if the client has an obligation towards Essence E-Services with regard to the agreement or other agreements with Essence E-Services. does not comply with or acts contrary to these general terms and conditions. Essence E-Services will inform the client of this in advance, unless Essence E-Services cannot reasonably be expected to do so. The obligation to pay the amounts owed also continues to exist during the decommissioning.

2. The commissioning will be resumed if the client has fulfilled its obligations within a period set by Essence E-Services and has paid a fixed amount for re-commissioning, amounting to €50 excl. VAT.

18. Change of Terms

1. Essence E-Services reserves the right to change or supplement these terms and conditions.

2. Essence E-Services is entitled to unilaterally change these general terms and conditions. Changes also apply to agreements already concluded. Changes will take effect two weeks after publication or date specified by means of a written notification or a notification on the web pages or newsletter of Essence E-Services. If the customer does not wish to accept changes to the general terms and conditions, he has the right to terminate the agreement in writing until the date on which the amended terms and conditions come into effect. After the time of entry into force, the customer is deemed to have accepted the changes – tacitly

3. Changes will be published on the site or sent by e-mail or in our electronic newsletter.

19. Dispute Resolution and Applicable Law

1. If one or more articles of these terms and conditions are declared invalid by a court decision, other provisions of these general terms and conditions will remain in full force and effect and Essence E-Services and the client will consult in order to obtain new provisions to replace the invalid or to agree on the voided provisions, whereby the purpose and intent of the void or voided provisions are taken into account as much as possible.

2. The agreement is exclusively governed by Dutch law.

Essence E-Services
Countess Juliana van Stolberglaan 31
2263 AB Leidschendam
Box A90
the Netherlands

*Last modified on 24-09-2019

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