Terms & Conditions
ZwartCyber Terms & Conditions
These general terms and conditions concern ZwartCyber, operating under Zwarttech BV, a limited liability company incorporated under the laws of the Netherlands, with its registered statutory seat in the Hague. Its registered office is at Wilhemina van Pruisenweg 35, the Hague, Netherlands. Zwarttech BV (hereinafter “Zwarttech”) is registered in the trade register under the number 77414764.
Applicability of terms and conditions
These terms and conditions set forth the general terms and conditions applicable to the use of the website www.zwartcyber.com (the “Website”), operated by Zwarttech on the behalf of ZwartCyber, including any and all related products, services, documentation, information, materials, tools, and other content made available through the Website (the “Content”), whether as a guest or a registered user. These general terms and conditions also apply to and form part of any agreement, all other legal and binding actions by ZwartCyber unless and to the extent ZwartCyber, or Zwarttech on its behalf, agrees otherwise in writing. You may use the Website only for lawful purposes. Furthermore, these general terms and conditions are likewise applicable to any future agreements or business transactions for the provision of services as set out on the Website, or other transactions of a similar nature, unless explicitly stated by ZwartCyber or Zwarttech on its behalf.
Article 7:404, Article 7:407(2) and Article 7:409 of the Dutch Civil Code (DCC) are not applicable. These govern the performance of an assignment by a particular person, the liability for assignments produced by two or more persons, and assignment continuity in case of death, respectively.
Effect of the terms and conditions
This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Any general terms and conditions of a third party acting as a client or any other sector specific terms and conditions are not applicable or binding in any way on ZwartCyber.
Provision of services
Through the Website, ZwartCyber offers information on the array of services it offers, as well as providing a contact form for the inquiry into these services. The information on the Website does not constitute as such, an offer, tendering or acceptance of offer, or in any way a binding agreement constituting the provision of the services included or not within the Website, neither does it constitute any sort of advice. Therefore, no rights can be derived from the Website, and there can be no reliance on the information presented. Thus, ZwartCyber and Zwarttech do not accept any liability or responsibility arising from the information on its services on the Website, as this is merely for information purposes.
As for the services explained on the website, each will be governed by its own set of terms and conditions specific to the service and parties involved. Therefore, no terms and conditions can be assumed from the use of the company, and the applicable terms will be communicated to the relevant party once initial information has been provided. The applicable terms and conditions may impose additional rights and obligations on the client or relevant parties involved in the service, depending on the specific circumstances of the situation. These terms will govern the provision of service, remuneration, force majeure, termination and any other relevant provisions related to performance. This provision is also applicable to any subsequent services of ZwartCyber or services in collaboration with any third parties.
Links to other resources
Although the Website and Services may link to other resources, including that of external parties and websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. ZwartCyber is thus not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
With regard to the (personal) data provided by ZwartCyber in the context of the Agreement, the client and ZwartCyber are obliged to comply with the legal provisions regarding privacy protection and the protection of personal data, including but not limited to the General Data Protection Regulation (EU) 2016/679, the (Dutch) General Data Protection Regulation Implementation Act, the UK GDPR and other applicable laws and regulations in the field of the protection of personal data, as applicable at any time.
Changes to the terms and conditions
Deviations from, amendments, and additions to these general terms and conditions will be applicable subject to the express agreement as evidenced in writing by ZwartCyber, or Zwarttech on its behalf, and will be applicable to the specific agreement for which the deviations, amendments or additions have been made. In the event of any conflict between a new written provision within the agreement and a provision in these general terms and conditions, the provisions of the agreement will prevail. ZwartCyber reserves the right to examine matters of conflict under the circumstances of the matter.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Applicable law and jurisdiction
These general terms and conditions and any and all subsequent agreements relating thereto or resulting from such terms shall be governed by and construed in accordance with the laws of the Netherlands.
All disputes, controversies or claims arising out of or in connection with these general terms and conditions or further agreements relating thereto or resulting from shall exclusively be submitted in the first instance to the Court of The Hague, place of seating The Hague, the Netherlands.
In the event that any provision(s) of these Terms and Conditions shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions thereof.
In the event that any provision of these Terms and Conditions shall finally be determined to be unlawful or unenforceable, such provision shall be deemed severed from these Terms and Conditions, but every other provision shall remain in full force and effect, and in substitution for any such provision held unlawful or unenforceable, there shall be substituted a provision of similar import reflecting the original intent of the provision to the extent permissible under applicable law.
The failure on the part of either Party to exercise, or any delay in exercising, any right or remedy arising from the Agreement shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising there from preclude any other or future exercise thereof or the exercise of any other right or remedy arising from the Agreement or from any related document or by law.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
You also agree not to access without authority, interfere with, damage or disrupt: (i) (any part of) the Website; (ii) any equipment or network on which the Website is stored; (iii) any software used in the provision of the Website; or (iv) any equipment or network or software owned or used by any third party.
This document was last updated on October 14, 2021