Terms and Conditions
Article 1. Applicability
1.1 In these general terms and conditions the following definitions apply:
Subscription: any Agreement for (the use of) a Epic Docus Service, whereby the amounts due are charged periodically;
Content: (digital) information, such as text, data, tools, moving, still and graphic images, sound recordings and information in any other form, such as games, advertising and/or similar services;
Consumer: a Customer who is not acting in the exercise of a profession or business;
Service: the service provided by Epic Docus . mobile telecommunications/MCB service is offered or delivered that consists of making Content available, in any form whatsoever;
Customer: the (potential) customer of Epic Docus ;
Epic Docus: a trade name of Epic Docus ;
Affiliate: other types of advertising via (mobile) internet or other means of communication (this also includes publishers and websites)
Agreement: any agreement on the basis of which Epic Docus provides (one or more) Services;
Epic Docus , Spoorhaven 44-46, Berkel en Rodenrijs, Netherlands IBC No. 24241933
Business Customer: a Customer who acts in the exercise of a profession or business.
1.2 These General Terms and Conditions replace all general terms and conditions that were declared applicable upon the conclusion of a previous Agreement.
1.3 These General Terms and Conditions apply to all online offers from Epic Docus and to all agreements concluded online with Epic Docus .
Article 2. Offers, orders and agreements
2.1 All offers from Epic Docus are without obligation. Orders and acceptances of offers by the Customer are irrevocable.
2.2 An Agreement between Epic Docus and the Customer is concluded after all information requested by Epic Docus has been provided and Epic Docus has confirmed the order to the mobile telephone number provided by the customer or on the screen of his mobile phone.
2.3 All relevant information regarding Epic Docus and the services to be purchased as well as the applicable General Terms and Conditions can be found on the website(s) of Epic Docus . The Customer is responsible for saving and printing the General Terms and Conditions if desired and for the accessibility of the saved version. Epic Docus is not obliged to keep any archived agreement accessible to the customer.
2.4 The Customer guarantees that he has provided all information requested by Epic Docus in connection with the Agreement completely and truthfully.
Article 3. Conformity
3.1 Statements from Epic Docus with regard to performance, properties, etc. are only approximate and are without obligation.
3.2 Images, descriptions, photos, catalogues, advertising material, offers and the information included on the website(s) of Epic Docus , in any form whatsoever, do not bind Epic Docus .
Article 4. Affiliate & Publisher Rules
4.1 Affiliates who promote a Epic Docus service are obliged to adhere to the following conditions:
Do not place the Epic Docus website(s) within other pages with incorrect and/or misleading information. The conditions must always be visible.
Do not place pop-ups and toolbars above or in our landing pages with incorrect and/or misleading information.
Do not use misleading pages and/or banners that contain links to Epic Docus website(s).
4.2 Affiliates undertake the obligation to implement the provisions of these terms and conditions in accordance with good commercial practice, as well as to bring your conduct in line with what can be considered ethical in general and as a good representation of Epic Docus .
4.3 Under penalty of appropriate measures, the affiliate is obliged to comply with:
the Dutch Advertising Code
the Code of Conduct for Paid Mobile Internet Services
any other relevant laws and regulations.
If it is found that an affiliate does not comply with the above regulations, it will be closed as quickly as possible and at least within 24 hours.
Article 5. Intellectual property
5.1 Access to, use and/or purchase of the (content of the) service by the customer does not result in any intellectual property rights being transferred to the customer.
5.2 The Customer only obtains a limited right of use of the (content of the) service and is aware of and accepts that additional license conditions may apply to that right of use, whether or not from third parties.
5.3 The customer indemnifies Epic Docus and compensates Epic Docus for the consequences of infringements of intellectual property rights of Epic Docus or third parties, arising from use in violation of these conditions or the agreement.
Article 6. Prices
6.1 The (purchase) price payable by the Customer and additional costs for shipping, VAT and any other costs or surcharges are clearly stated on the website(s) of Epic Docus .
6.2 The prices stated on the website(s) of Epic Docus are without obligation and are subject to changes.
Article 7. Subscriptions, rates, payment
7.1 Each subscription is entered into by the customer for an unlimited duration.
7.2 The customer can cancel the agreement at any time by email to [email protected], by telephone 0900.4004343 (15 cpm) or via www.payinfo.nl. Instructions for this are stated on the website(s). In the event of termination, the parties do not owe each other any compensation or compensation other than the payment obligations outstanding at that time.
7.3 The customer will pay the amounts due for the service to the mobile network provider with which the customer has an agreement. The rates to be paid are increased by VAT and other government levies, unless stated otherwise.
7.4 Epic Docus has the right to change rates unilaterally.
7.5 The details of Epic Docus are decisive for determining the amounts due, unless the Customer proves that these details are incorrect.
7.6 All rates are due from the moment the agreement is entered into.
7.7 The customer grants the mobile network provider an authorization for direct debit for the service provided by Epic Docus .
Article 8. Force majeure
8.1 If Epic Docus is prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the execution of the agreement. In that case, the customer is not entitled to compensation for damage or costs.
8.2 Force majeure also includes the failure or late delivery of goods or services by third parties engaged by Epic Docus .
Article 9. Reflection period
9.1 The statutory cooling-off period of Article 7:46c, paragraph 1, under f of the Dutch Civil Code does not apply to the service.
Article 10. Liability
10.1 Epic Docus is not liable for any damage resulting from the conclusion or execution of an Agreement or the use of a Service, unless otherwise stated in this article.
10.2 Epic Docus is only liable for direct damage to the Customer - which expressly does not include immaterial damage - caused by a shortcoming attributable to Epic Docus - and per event or related events - up to a maximum of the invoice value of the service provided as a result of which or in connection with which damage has been caused.
10.3 Shortcomings in any form in the services of third parties, such as providers of mobile networks or services, are not attributable to Epic Docus .
10.4 Epic Docus excludes any liability for damage other than that stated in article 9.2.
10.5 Any claim against Epic Docus , unless recognized by Epic Docus , expires 6 months after the claim arose.
Article 11. Privacy
11.1 Epic Docus respects the privacy of the Customer. Epic Docus will process the Customer's personal data in accordance with the Privacy Statement that can be viewed on the Epic Docus website. The Customer agrees to this processing of his personal data.
Article 12. Final provisions
12.1 The effect of any international treaty on the purchase of movable tangible property, the effect of which can be excluded between the parties, does not apply and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is expressly excluded.
12.2 If the Customer acts on behalf of one or more others, he is liable towards Epic Docus , without prejudice to the liability of those others, as if he were a Customer himself.
12.3 If a provision of these general terms and conditions is void or invalid with regard to the Customer, a valid provision that most closely approximates the void or invalid provision will be deemed to apply instead.
12.4 All disputes between Epic Docus and the customer will be settled exclusively by the competent court in the Netherlands.
12.5 Only Dutch law applies to all agreements concluded by Epic Docus .
Epic Docus (Epic Docus)
