1. Codelab42 bvba (hereafter: Codelab42) with registered office at 9000 Gent, Poelsnepstraat 3/0101, with VAT number 0549.984.852., is the owner of the website www.cache-warmer.com.
The client is the user of the services of Codelab42 and/or the user of the website www.cache-warmer.com or its representatives, consultants, contractors or agents.
2. Every use of the cache-warmer.com website and services is subject to these terms and conditions. The registration for, or use of, the services will be considered as an approval of and execution of this agreement by the client.
The client acknowledges having sufficient knowledge of the English language to fully understand these terms of service.
Codelab42 had the right to modify the terms of service at any time. The clients’ use of the website and the services will be conditioned upon the terms and who are applicable at the time of use.
3. The client agrees to pay all applicable charges under these terms and conditions, including any applicable taxes or charges imposed by any government.
Codelab42 may change its pricing at any time. When the client disputes any invoice or charge, he must notify Codelab42 in writing within 10 days of the charge;
Unless otherwise stated, all prices quoted are exclusive of VAT.
Unless otherwise agreed upon, the fee should always be payed in advance and may be charged integrally by Codelab42 before the client starts using the service.
Services that are billed monthly should always be payed in advance. These services are billed integrally and should be payed before the start of the month when the service is used. The services will start on the first day of the month that follows the month when the payment was received.
Codelab42 reserves the right to deny any services when the payment was not made in advance.
Invoices must always be payed immediately, unless the invoice specifies a different due date.
4. Unless otherwise agreed upon, the agreement between both parties is of indefinite duration, with a period of notice of one month. The period of notice starts at the first day of the month that follows the month when the notice was given.
5. The client is responsible for all activity occurring under its users accounts and needs to respect all applicable laws and regulations in connection with the use of the cache-warmer, including those related to data privacy, international communications and the transmission of technical or personal data.
6. The client needs to notify Codelab42 immediately of any unauthorized use of any password or account or any other known or suspected breach of security. The client needs to report to Codelab42 immediately any copying or distribution of content or infringement of Codelab42 Technology that is known or suspected by the client. The client needs to do all possible efforts to stop immediately any copying or distribution of content or infringement of Codelab42 Technology that is known or suspected by the client. The client must not impersonate another Codelab42 user or provide false identity information to gain access to or use the cache-warmer.
7. In case the client has a dispute with any third party in relation to the use of the cache-warmer, the client releases Codelab42 (and any of its officers, employees, directors, agents, subsidiaries, joint ventures) from any claim, demand and damage of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. The client agrees to indemnify, defend and hold Codelab42, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partners, licensors, licensees, consultants and contractors) harmless from and against any third party claim, liability, loss, and expense, including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person, arising out of use of the services and/or breach of any of these terms and conditions.
9. Through the use of the website it is possible to use, import, post, publish, create new applications based on data from third party websites and other sources. The client is solely responsible for data and the consequences of Codelab42 or any third party importing, posting, publishing, creating new applications based on, and otherwise using such content. The client affirms to own or have the necessary licenses, rights, consents, and permissions related to the content and its use by the client, Codelab42, and any other third party.
The client agrees to not submit material that is copyrighted, protected by trade secret or third party proprietary rights, including privacy and publicity rights, unless he is the owner of the rights or has permission from the owner to post or use the material. The client agrees to not publish falsehoods or misrepresentations that could damage Codelab42 or any third party. The client agrees to not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. The client agrees to not impersonate other persons. The client agrees to not post advertisements or solicitations of business.
10. Codelab42 does not endorse any content or any data, opinion or recommendation expressed. Codelab42 disclaims any and all liability in connection with any content.
11. Codelab42 does not permit copyright infringing activities or infringement of intellectual property rights on the website, and can remove all content if properly notified that such content infringes another one’s intellectual property rights. Codelab42 may remove or choose not to publish any content without prior notice. Codelab42 may also terminate the clients’ access to the website. No compensation can be claimed from Codelab42. Codelab42 can decide not to disclose information without a court order.
12. Codelab42 reserves the right to decide whether content is appropriate or not, such as, but not limited to, pornography, obscene or defamatory material. Codelab42 may remove or choose not to publish any such content and/or terminate the access for uploading such material in at any time, without prior notice to the client. No compensation can be claimed from Codelab42. Codelab42 will can decide not to disclose information without a court order.
13. The client is solely responsible for the legality of the way the services are used. Codelab42 reserves the right to refuse service to anyone wishing to use the services in an (seemingly) illegal or inappropriate manner. No compensation can be claimed from Codelab42. Codelab42 can decide not to disclose information without a court order. Codelab42 may immediately suspend / terminate all use of the services when contacted by a third party and asked to cease all extraction activity. No compensation can be claimed from Codelab42. Codelab42 will can decide not to disclose information without a court order.
14. Codelab42 strictly prohibits using any service or product:
- on unverified websites;
- to cause any damage to third parties;
- to generate fraudulent impressions of or fraudulent clicks on ads;
- to extract data that is illegal in any country;
- to engage in any other illegal or fraudulent business practice illegal in any country.
Codelab42 may immediately suspend / terminate all use of the services in case of violation. No compensation can be claimed from Codelab42.
15. Codelab42 has the right to gather and use any information describing the habits, usage patterns or demographics relating to any data, information or material provided or submitted by the client to the services in the course of using the services. The client has solely the responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all this data, and Codelab42 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
16. Codelab42 reserves the right to store user account data and passwords of the client for billing and login purposes.
17. Codelab42 makes no guaranty concerning the reliability, quality, suitability, truth, availability, accuracy or completeness of the services or any content. No compensation can be claimed from Codelab42.
18. Codelab42 does not guarantee that:
- the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- the cache-warmer website or server stays online;
- The clients website or server stays online;
- the services will meet the clients requirements or expectations;
- any stored data will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the services will meet the clients requirements or expectations;
- errors or defects will be corrected;
- the services or the servers that make the services available are free of viruses or other harmful components.
No compensation can be claimed from Codelab42 in one of more of these cases.
19. Codelab42 has the right to suspend the services when noticed that the jobs are scheduled the wrong way or performance of the client server doesn’t allow proper cache-warming. In case this happens, codelab42 will notify the client as soon as possible. No compensation can be claimed from Codelab42
20. The client alone is responsible for the configuration of the crawler. Configuring the crawler incorrectly can cause the client to run out of allowed requests included within his subscription. Codelab42 is not responsible for this. No compensation can be claimed from Codelab42.
21. The services and all content is provided to the client strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
22. The client guarantees that all of the information (also billing information) provided to Codelab42 to use the services is correct and current and that no false information is provided to gain access to the services.
23. In case one or more determinations of the terms are declared void or invalid, or have been declared such by law, regulation or binding sentence by qualified authority, the other determinations shall remain in force, without prejudice. In that case, the determinations which are similar to the agreement decided upon by the parties, shall replace the invalid determinations.
24. When Codelab42 not pursues a condition, which has been admitted to, which has not been complied with, this shall not in any way be detrimental to the right of Codelab42 to pursue this at a later date. So also, when Codelab42 chooses to ignore a transgression of the regulation by the client, this shall not in any way be detrimental to the right of Codelab42 to take action against this at a later date.
25. The address the client, which has been noted in the clients Codelab42 account, is the place where all announcements must be made. Any change of address of a party concerned, must immediately be notified to the other party concerned. Notices for Codelab42 must be sent to Belgium, 9000 Gent, Poelsnepstraat 3/0101.
26. These Terms shall be governed by the laws of Belgium. The courts of justice in Ghent are solely authorized to acknowledge every dispute resulting from this agreement / terms and conditions or connected to it.