Terms and conditions

We would like to thank for your interest in our service. In order to provide a clear insight into the conditions of our transactions we have developed the general terms and conditions which follow below.

Article 1: Definitions

In these Conditions, the terms indicated below with a capital letter have the following meaning:

You: the natural person or legal person with whom Lipperhey concludes the Agreement or who visits the Website;
Account: The account to be opened by You on the Website in which your preferences and personal data are stored;
Analysis: Lipperhey's assessment of the extent to which a website you have indicated can be found by internet search engines;
Service: Account, Analysis and Improvement report together;
Lipperhey: Lipperhey is the trade name of the private company Inobé B.V., established with head office in Volendam on the C J Conijnstraat 6a and registered in the register of companies, under number 37142377;
Lipperhey credit: credit from which you can pay for Lipperhey's Services;
Agreement: The agreement, including the Terms and Conditions between You and Lipperhey to provide a Service, for Lipperhey to provide credit to you at a price indicated on the Website;
Improvement report: The report including the points for improvement with regard to the way in which a website you have indicated can be found with internet search engines;
Conditions: these general terms and conditions;
Website: the website (homepage and additional webpages) with URL www.lipperhey.com.

Article 2: Applicability

These Terms and Conditions apply to any use that you make of the Website and to all the (legal) acts between You and Lipperhey.
Any purchase conditions or other general conditions you may have do not apply unless they have been expressly accepted by Lipperhey in writing.

Article 3: Conclusion of the Agreement

Statements by Lipperhey on the Website with regard to providing Services apply as an invitation to make an offer. The Agreement is concluded with the written confirmation of the order by Inobé to You. Lipperhey is free to refuse to provide a Service to You without giving any reasons.

Article 4: Prices

You pay the price indicated on the Website for the Lipperhey credit.
For the Services you pay the price indicated on the Website by using your Lipperhey credit.
Payment takes place in the way indicated by Lipperhey on the Website and within the period indicated on the Website. All Lipperhey's prices are indicated in euros and are exclusive of TAX. Unless expressly agreed otherwise, any import and export duties and excise duties are at your expense, as well as all the other duties or taxes imposed or levied on the Services.
The prices indicated on the Website can be changed at any time without prior notification. If you are a natural person who is not acting in the capacity of a profession or a business, and you concluded an agreement with Lipperhey with regard to receiving Progress reports in the three months prior to the increase in the price, you have a period of one month to dissolve the Agreement to receive the Progress reports, after the notification by Lipperhey that the price has been increased for each monthly Progress report.

Article 5: Providing the Services

The provision of the Services takes place by means of the online availability of the Service concerned on the Website.
Lipperhey provides the Services in a format which makes it possible for you to store the Service on a data carrier.
Lipperhey will not guarantee that it will keep Services (reports) provided for you previously available for you.
If you have insufficient Lipperhey credit to pay for a Service you have ordered, such as, in particular, a Progress report, Lipperhey is not obliged to provide this Service for You.

Article 6: Return and cancellation conditions

Due to the nature of our Services, they cannot be returned.
If you are a natural person, who is not acting in the exercise of a profession or a business, you have the right for a period of seven days to dissolve the Agreement for the purchase of Lipperhey credit concluded on the Website by means of a declaration in writing, without stating reasons.
The period of seven days referred to in Article 6.2 of the Terms and Conditions starts immediately after You have received the written confirmation sent to you by Lipperhey, as referred to in Article 3.1 of these Terms and Conditions.
If you have already used Lipperhey credit that you have purchased, within the period of 7 days referred to in Article 6.2 to pay for a Service, it is no longer possible to dissolve the Agreement to purchase Lipperhey credit.
As soon as you pass on an order on the Website, the order is deemed to be a definitive offer on your part and will be processed as quickly as possible.

Article 7: License for use

The Agreement gives you the non-exclusive right to use the report that has been provided. For every use, you undertake the obligation to be loyal to Lipperhey. This always entails that you will not use (parts of) the reports that are delivered in a misleading way or in a way that will detract from Lipperhey's reputation.

Article 8: Communication

All the communication between Lipperhey and you can be carried out electronically, except insofar as these Terms and Conditions and/or the law deviate from this.
The version of the communication concerned that is stored by Lipperhey applies as proof thereof, unless you provide proof to the contrary.
Electronic communication is deemed to have been received on the day that it was sent, unless the recipient proves the contrary. If the communication has not been received as a result of problems of delivery and/or accessibility with regard to your email inbox, this is at your risk, even if the email inbox is held by a third party.

Article 9: Obligations with regard to information

You will ensure that the Terms and Conditions for or upon concluding the Agreement are made available to you, either electronically or otherwise. You are responsible yourself for storing and printing the Terms and Conditions and the Agreement, if this is desired, by means of the facilities available to you on the Website, in your browser or in any other way, and for the accessibility of the copy that is stored.
Without prejudice to any legal obligations that may exist for Lipperhey to store the Agreement and/or the Terms and Conditions, Lipperhey is not obliged to keep any Agreement and/or Terms and Conditions that may have been archived accessible for you.

Article 10: Privacy

You are deemed to have been informed of Lipperhey's privacy declaration, which is accessible on the Privacy Policy page and to agree to the processing described therein of the personal details that you entered.
You are aware that Lipperhey processes your personal data. Lipperhey stores these data in a databank which is used for the execution of the Agreement, also including measures to improve the service to you and provide information or make offers to you.
You can inspect the data which Lipperhey has collected about you if you so wish and have them corrected. You have the right to ask Lipperhey to remove or screen your data which are eligible for this. Lipperhey shall decide on this request within 4 (four) weeks after considering the interest concerned of Lipperhey and as regards your privacy.

Article 11: Intellectual Property Rights

All intellectual property rights, including author's copyrights, brand name rights, patent rights, model rights, trade name rights, databank rights and similar rights, as well as rights to know-how and online performances with regard to the Website, the Lipperhey credit, the Services, including all the related documentation and other materials, are the sole property and remain the property of Lipperhey. Nothing in the Agreement or the Terms and Conditions involves the complete or partial transfer of these rights. You are granted only a limited license to the use of the Services. You recognize Lipperhey's intellectual property rights and shall refrain from any infringement of these rights.

Article 12: Guarantees and Liability

Lipperhey assesses websites on the basis of the factors as indicated on the Website (see page, Website assessment). Lipperhey does not guarantee that the content of the reports provided by Lipperhey in the context of the Services is complete and correct, or that it complies with the aims which you have in this respect.
The use of the Website and Service(s) is at your own risk. Lipperhey is never liable for any damages suffered by you or third parties, including consequential damages, loss of turnover or profit, loss of data or immaterial damage, related to or arising from the Agreement, the information on the Website or the use of the Website or Service, unless the damage concerned is caused by deliberate or conscious recklessness on the part of Lipperhey or its directors. You indemnify Lipperhey against claims by third parties that your use of the Services is unlawful with regard to them.
If, despite the provisions of Article 12.2, Lipperhey should be liable for damages resulting from any actions or omissions in connection with your visit to or orders on the Website, including the provision of a Service for you, the sum to be reimbursed by or on behalf of Lipperhey shall never amount to more than the total sum which you have paid for Services in the calendar year in which the incident causing the damage occurred.
Lipperhey does not guarantee that the Website or Services can be used at all times, or that orders entered on the Website as referred to in Article 3.1 of these Terms and Conditions shall always be received in full and/or on time by Lipperhey.
The Website may contain links to websites of third parties. Lipperhey does not control and is in no way responsible for the content or the use of websites by third parties, or for any consequences of a visit to an internet site linked to this website. Therefore Lipperhey does not accept any liability with regard to you as a result of the visit to an internet site linked to this website.

Article 13: Your obligations

You must ensure yourself that you have the necessary hardware and software and the links to make use of the Services, and that they are functional.
You will act and behave in every respect in accordance with what can be expected from a responsible internet user, and you are obliged to observe the applicable legal regulations for the use of the Service.

Article 14: Force majeure

Neither Lipperhey nor you are obliged to observe one or more obligations, other than obligations with regard to the payment of money, if you are prevented from doing so as a result of force majeure. Force majeure also includes the shortcomings of third parties or suppliers who have been used and which cannot be attributed to you, as well as any situation in which the party concerned cannot exercise any (decisive) control.

Article 15: Duration and termination

Insofar as the nature of the Agreement entails this (where this concerns Agreements related to the Account, Progress reports and holding Lipperhey credit), it is entered into for an indeterminate period.
Insofar as the nature of the agreement entails this (where this concerns Agreements related to the Account, Progress reports and holding Lipperhey credit), You can terminate the Agreement by email or ordinary post, observing a period of notice of one month.
Lipperhey can terminate the Agreement with immediate effect, either wholly or partly, and without legal intervention, by a written notification to this effect if:
- You fail to observe one or more of your obligations arising from this Agreement and then fail to observe them satisfactorily within 10 days after being warned to do by Lipperhey by email, fax or post.
- You are in a state of bankruptcy, you are granted a (professional) suspension of payments, you offer your creditors an out-of-court agreement, or an incident takes place under the law of any foreign state, or a situation occurs which is comparable to one of the above-mentioned incidents or situations;
- Lipperhey ceases its business activities or transfers them to a third party or stops the sale of such Services as those made available to you.
Notwithstanding the provision of Article 15.1, and without prejudice to the provisions of Articles 15.2 and 15.3 of these Terms and Conditions, the Agreement for Lipperhey to provide Progress reports automatically comes to an end at the moment that your Lipperhey credit is insufficient to pay for a Progress report that would be provided by Lipperhey at that time. Lipperhey is not obliged to warn you in advance if your credit is insufficient. Lipperhey is not obliged to provide the Progress report concerned to you after payment has been made.

Article 16 : Amendments and additions

These Terms and Conditions can be amended by Lipperhey at any time. Amended Terms and Conditions will be made available to you in an email and by posting on the Website. In the absence of any protest, the amended Terms and Conditions enter into effect within 21 days after you have been informed of them.

Article 17: Miscellaneous

Lipperhey may transfer the rights and obligations arising from the Agreement to third parties.
If you are a natural person who is not acting in the capacity of a profession or a business, you have the right to dissolve the Agreement if a transfer takes place as referred to in Article 16.1 without Lipperhey being transferred in its entirety to a third party to which the rights and obligations are transferred.
If any provision in the Terms and Conditions or the Agreement is null and void, or in any other way unenforceable, in Lipperhey's reasonable opinion, Lipperhey has the right to cancel the remaining content of the Agreement, unless this would be unacceptable in the circumstances concerned, according to reasonable and fair standards.

Article 18: Applicable law and competent court

Netherlands law applies to the Terms and Conditions and the Agreement.
The Court of Amsterdam is exclusively competent to hear disputes arising from or related to the Agreement or the Services provided by Lipperhey. If you are a natural person who is not acting in the capacity of a profession or a business, you have a period of one month, after being informed that Lipperhey is appealing to this clause, to choose for the competence of another legally competent court.