Welcome to New Age Media vof

These terms of service outline the rules and regulations for the use of New Age Media vof’s Website and/or services. By accessing this website or making use of our services we assume you accept these terms of service in full. Do not continue to use New Age Media vof’s website or services if you do not accept all of the terms of service stated on this page.

New Age Media vof is located at:

Vlaschaard 55 Amstelveen 
1183KM – Noord-Holland , Netherland
Chamber of commerce number: 75653672

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf on New Age Media.
  2. Parties can only deviate from the conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Definitions

The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website/enjoying New Age Media services and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using New Age Media vof’s website you consent to the use of cookies in accordance with New Age Media vof’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, New Age Media vof and/or it’s licensors own the intellectual property rights for all material on New Age Media vof. All intellectual property rights are reserved. You may view and/or print pages from newage.media for your own personal use subject to restrictions set in these terms of service.

You must not:

  1. Republish material from newage.media
  2. Sell, rent or sub-license material from newage.media
  3. Reproduce, duplicate or copy material from newage.media

Redistribute content from New Age Media vof (unless content is specifically made for redistribution and/or if licensing terms regarding said content have been confirmed by a New Age Media vof executive.)

New Age Media Created Content License

Unless otherwise stated, New Age Media vof and/or it’s licensors and licensees own the intellectual property rights for all material created by New Age Media vof. All intellectual property rights are reserved. 

When you purchase or make use of any New Age Media Content Creation service the resulting content deliverables, Images, Marketing Assets, Video’s, GIF’s, 2D/3D models and/or Designs are licensed to you for their intended usecase.   The intended usecase will be determined within the proposal or other written communication you have recieved.

You must not:

Republish, Sell, rent or sub-license images, video’s, designs, renders, 3D/2D models and text created by New Age Media or New Age Media hired freelancers without written permission from a New Age Media vof executive employee. 

Offers, proposals and quotations

  1. Offers, proposals and quotations from New Age Media are without engagement, unless expressly stated otherwise. 
  2. An offer or quotation is valid for a maximum period of 2 months from its date, unless another acceptance period is stated in the offer, proposal or quotation.
  3. If the customer does not accept an offer, proposal or quotation within the applicable time frame, the offer, proposal or quotation will lapse. 
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing. 

Acceptance

  1. Upon acceptance of a quotation, proposal or offer without engagement, New Age Media reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer. 
  2. Verbal acceptance of the customer only commits New Age Media after the customer has confirmed this in writing (or electronically)
 

Prices

  1. All prices used by New Age Media are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. 
  2. New Age Media is entitled to adjust all prices for its products or services, shown in its shop. on its website or otherwise, at anv time.
  3. The price with regard to services is determined by New Age Media on the basis of the actual working hours.
  4. The price is calculated according to the usual hourly rates of New Age Media. valid for the period in which he carries out the work,
    unless a different hourly rate has been agreed.
  5. If the parties have agreed on a total amount for a service provided by New Age Media. this is always a target price, unless the parties
    have explicitly agreed upon in writing on a fixed price, which can not be deviated from.
  6. New Age Media has the right to adjust prices annually New Age Media Vof.
  7. New Age Media will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
  8. The costumer has the right to terminate the contract with New Age Media Vof if he does not agree with the price increase.

Payment & Payment terms For New Age Media services

New Age Media services and proposals are all in accordance with Dutch legislation surrounding payment terms and conditions. While payment terms and payment options might vary between agreements and proposals the following rules, unless otherwise agreed to in writing, apply;

  1. Regardless of holidays, national holidays and other unplanned events, payments for New Age Media invoices will be completed on a net 30 day schedule starting on the date the invoice was sent. 
  2. National & EU Payments will also include any sales tax known as VAT, BTW or other relevant taxes. The respective amount will be added to the price of our services. 
    you will always find tax amount information on our proposals. 
  3.  Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the
    last day of the payment term. he is legally in default, without New Age Media Vof having to send the customer a reminder or to put him in default.
  4. New Age Media Vof reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the
    total amount of the services or products.

Consequences of late payment 

  1. If the customer does not pay within the agreed term. New Age Media is entitled to charge an interest of 5% per month from the day the customer is in default, whereby a part of a month is counted for a whole month. 
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to New Age Media.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time. New Age Media Vof may immediately suspend its obligations until the customer has met his payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
    New Age Media Vof on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by New Age Media Vof , he is still obliged to pay the agreed price to New Age Media Vof.

Suspension of Obligations by the customer & Settlement 

  1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement. 
  2. The customer waives his right to settle any debt to New Age Media vof with any claim on New Age Media vof.

Guarantee 

When parties have entered into an agreement with services included, these services only contain best-effort obligations for New Age Media vof, not obligations of results. 
 

Performance of the agreement

1. New Age Media Vof executes the agreemant to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
 2. New Age Media Vof has the right to have the agreed services (partially) performed by third parties.
 3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
 4. It is the responsibility of the customer that New Age Media Vof can start the implementation of the agreement on time.
 5. If the customer has not ensured that New Age Media Vof can start the implementation of the agreement in time, the resulting additional costs andor extra hours will be charged to the customer.

Duty To inform by the customer

1. The customer shall make available to New Age Media Vof all information, data and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
3. If and insofar as the customer requests this, New Age Media Vof will return the relevant documents.
4. If the customer does not timely and properly provides the information, data or documents reasonably required by New Age Media Vof
and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the
customer.

Duration of the agreement

1. The agreement between New Age Media Vof and the customer is entered into for the duration of ; 6 months unless it results otherwise
from the nature of the agreement or if the parties have expressly agreed otherwise in writing.

2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the
parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due
observance of a notice period of 2 months ‘ the agreement ends at the end of the fixed term.

3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly
otherwise in writing. If this term is exceeded, the customer must give New Age Media \of a written reasonable term to terminate the
activities, before it may either terminate the contract or claim damages.

Confidentiality

1. The client deems any information he receives (in whatever form) from New Age Media Vof as confidential.
2. The same applies to all other information concerning New Age Media Vof of which he knows or can reasonably suspect that it is secret
or confidential, or of which it can expect that its disclosure may cause damage to New Age Media Vof.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
4. The obligation of secrecy described in this article does not apply to information:  which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality, which is made public by the customer due to a legal obligation.
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after
the end thereof.

penalties

1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf
of New Age Media Vof an immediately due and payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a
company, for each violation and in addition an amount of 50% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of New Age Media Vof including
its right to claim compensation in addition to the fine.

Indemnity

The customer indemnifies New Age Media \of against all third-party claims that are related to the products and/or services supplied by
New Age Media Vof.

Complaints

1. The customer must examine a product or service provided by New Age Media Vof as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must
inform New Age Media Vof of this as soon as possible, but in any case within | month after the discovery of the shortcomings.
3. Consumers must inform New Age Media Vof of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that New Age Media Vof is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to New Age Media Vof being forced to perform other work than has
been agreed.
User Comments & Feedback
  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. New Age Media vof does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of New Age Media vof, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws New Age Media vof shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. New Age Media vof reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to New Age Media vof a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of New Age Media vof; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of New Age Media vof’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website and/or New Age Media services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Giving Notice

1. The customer must provide any notice of default to New Age Media Vof in writing.
2. It is the responsibility of the customer that a notice of default actually reaches New Age Media Vof (in time).
Joint and several Client liabilities If New Age Media Vof enters into an agreement with several customers, each of them shall be jointly and severally: liable for the full
amounts due to New Age Media Vof under that agreement.


Liability of New Age media vof

1. New Age Media Vof is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If New Age Media Vof is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. New Age Media Vof is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4.If New Age Media Vof’ is liable, its ability is limited to the amount paid by a closed (professional) liability insurance and in the absence
of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the
liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not
lead to any compensation and/or (partial) dissolution of the agreement and‘or suspension of any obligation.

expiry period

Every right of the customer to compensation from New Age Media Vof shall, in any case, expire within 12 months after the event from
which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

dissolution

1. The customer has the right to dissolve the agreement if New Age Media Vof imputably fails in the fulfillment of his obligations, unless
this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by New Age Media Vof is not permanent or temporarily impossible, dissolution can only take place
after New Age Media Vof is in default.
3. New Age Media Vof has the right to dissolve the agreement with the customer, ifthe customer does not fully or timely fulfill his
obligations under the agreement, or if circumstances give New Age Media Vof good grounds to far that the customer will not be able to
fulfill his obligations properly.

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of New Age Media Vof in the fulfillment of any obligation
to the customer cannot be attributed to New Age Media Vof in any situation independent of the will of New Age Media Vof , when the
fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot
reasonably be required from New Age Media Vof .

2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war,

insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected
disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport
problems, bad weather conditions and work stoppages.

3. Ifa situation of force majeure arises as a result of which New Age Media Vof cannot fulfill one or more obligations towards the

customer, these obligations will be suspended until New Age Media Vof can comply with it.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissob-e the agreement in writing in

whole or in part.

3. New Age Media Vof does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as 
a result of the force majeure situation.

Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the
parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in general terms and conditions

1. New Age Media Vof is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by New Age Media Vof with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

transfer or rights

1. The customer can not transfer its rights deferring from an agreement with New Age Media Vof to third parties without the prior written
consent of New Age Media Vof .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

consequences of nullity or annullablity

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what New Age Media Vof had in
mind when drafting the conditions on that issue.


Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where New Age Media Vof’ is established is exclusively competent in case of any disputes between.
parties, unless the law prescribes otherwise.

Contact Information

If you have any queries regarding any of our terms, please contact us immediately.