1.1 For the purposes of these General Terms and Conditions, the following terms shall have the meanings specified, unless the context requires otherwise:
a. Adult Model Protection: Refers to the entity known as Adult Model Protection.
b. Customer: Refers to either an individual acting in their professional capacity or a business entity with whom Adult Model Protection enters into an Agreement.
c. Agreement: The contractual arrangement between Adult Model Protection and the Customer.
d. Services: The specific services provided to the Customer by Adult Model Protection as outlined in the Agreement.
e. Website: The online platform located at www.adultmodelprotection.com, operated by Adult Model Protection.
2.1 These General Terms and Conditions govern all Agreements between the Customer and Adult Model Protection.
2.2 Any changes or exceptions to these General Terms and Conditions are only valid if explicitly agreed upon by Adult Model Protection in writing or via email.
2.3 Adult Model Protection explicitly rejects the applicability of any general (purchase) terms or conditions imposed by the Customer.
2.4 Adult Model Protection reserves the right to amend these General Terms and Conditions. Such amendments will apply to all existing and future Agreements. The changes will be communicated in writing or via email and will take effect 30 days after notification or on a later date specified in the notice. If any modification negatively affects the Customer's position, the Customer has the right to terminate the relevant Agreement(s) on the effective date of the new terms.
2.5 Should any provision of these General Terms and Conditions be deemed void or unenforceable, the remainder of the terms will remain fully valid. Any void or unenforceable provisions will be replaced by Adult Model Protection, aiming to reflect the original intent and purpose of the provision as closely as possible.
2.6 In the event of any discrepancy between the interpretation of these General Terms and Conditions in different languages, the English version shall take precedence.
2.7 The failure of Adult Model Protection to enforce any part of these General Terms and Conditions at any time does not imply a waiver of its right to enforce them strictly in future situations, whether similar or different.
3.1 All price quotes and offers provided by Adult Model Protection are non-binding and subject to change.
3.2 The Customer warrants the accuracy and completeness of any requirements, specifications, or other information provided to Adult Model Protection, which forms the basis for the offer.
3.3 Adult Model Protection is not bound by any obvious errors or mistakes in its website content, brochures, offers, emails, or other publications.
3.4 Offers and pricing do not automatically apply to future agreements unless explicitly stated otherwise.
3.5 Any materials provided by Adult Model Protection in relation to an offer remain the sole property of Adult Model Protection and must be returned promptly upon request by the Customer.
4.1 The Agreement is considered concluded once the Customer has completed the entire order process via the online customer portal on the Website, or after Adult Model Protection has added the Service to the Customer's account as requested.
4.2 Upon adding the Service to the account, Adult Model Protection will send a confirmation email to the Customer. Until the Customer receives this confirmation, they may cancel the Agreement at no cost. If the Customer does not receive the confirmation email, they should contact Adult Model Protection for clarification.
5.1 The Agreement is concluded for an indefinite duration, unless explicitly stated otherwise.
5.2 An Agreement of indefinite duration may be terminated at any time by the Customer, provided a notice period of 14 days is given before the end of the current billing cycle, unless otherwise agreed upon.
5.3 If the Agreement is for a fixed term, the Customer does not have the right to terminate it early, unless otherwise explicitly stated. Upon the expiration of the fixed term, the Agreement will automatically and implicitly renew for the same duration, unless terminated. The Agreement can be ended at the end of its term by providing a 1-month notice.
5.4 Termination must be made in writing or via email. The Customer may also terminate the Agreement through their account or directly on the Website.
6.1 Adult Model Protection will carry out the Agreement with due diligence and professionalism, aiming to deliver the best possible outcome. However, Adult Model Protection does not guarantee that the Services will yield a specific result. The commitment made is one of effort, not an obligation to achieve a particular outcome. Compensation for services rendered is not dependent on the results achieved.
6.2 Adult Model Protection does not guarantee that purchasing the Service will result in the identification or removal of all content on the internet, or any (online) activities that infringe upon the Customer's intellectual property rights or could harm their online reputation. Adult Model Protection cannot ensure that its search tools will detect all unauthorized copies of the Customer's content online.
6.3 In carrying out the Agreement, Adult Model Protection may involve third parties, procure goods or services from third parties, and delegate tasks or portions of the Agreement to external parties without notifying the Customer.
6.4 Adult Model Protection is not obligated to perform any services that may compromise its professional standards, infringe upon the rights of third parties, violate legal obligations, or breach generally accepted ethical standards.
6.5 Adult Model Protection retains the right to modify and enhance its Services at any time to keep pace with technical advancements.
7.1 If a specific time frame for the performance of Services has been agreed upon between Adult Model Protection and the Customer, such time frame is considered an estimate. Adult Model Protection does not guarantee that the Services will be performed within the agreed time. Delays in performance do not entitle the Customer to claim damages, terminate the Agreement, or suspend any obligations towards Adult Model Protection.
8.1 The Customer is required to provide accurate, complete, and up-to-date information requested during the Agreement's formation.
8.2 The Customer must ensure that all information deemed necessary by Adult Model Protection, or which the Customer should reasonably recognize as necessary, is provided promptly and in the manner specified by Adult Model Protection.
8.3 If the information supplied by the Customer is incomplete or incorrect, any resulting consequences or risks will be the sole responsibility of the Customer.
8.4 The Customer is obligated to immediately notify Adult Model Protection of any facts or circumstances that may impact the execution of the Agreement.
8.5 The Customer is responsible for maintaining the confidentiality of their account username and password on the Website. Adult Model Protection will not be held liable for any unauthorized use of the Customer's credentials. In such cases, the Customer must notify Adult Model Protection without delay.
9.1 The use of the website must not disrupt the experience of other users or interfere with the proper functioning of the website or Adult Model Protection's software. Additionally, accessing restricted sections of the website by bypassing security measures or using login information other than one's own personal credentials is prohibited.
9.2 If the Customer violates these terms of use, Adult Model Protection reserves the right to suspend the Customer's access to their account without prior notice or default notification. This action does not limit any other rights Adult Model Protection may have. The Customer will be notified via email of the suspension.
10.1 An Agreement is personal and specific to the Customer (whether an individual or legal entity). The Customer may not transfer any rights or obligations under the Agreement to any third party without obtaining prior written consent from Adult Model Protection.
10.2 The Customer's account on the website is non-transferable and must not be shared with third parties.
11.2 Adult Model Protection reserves the right to modify the rates for its Services at any time. If the modification results in a price increase, Adult Model Protection will notify the Customer via email at least 14 days before the new rates take effect. In such cases, the Customer has the right to cancel the relevant Agreement at no cost, by providing written notice via email, with the cancellation taking effect on the date the price increase becomes effective.
11.3 Adult Model Protection may adjust the fixed price agreed upon if, during the execution of the Agreement, it becomes apparent that the original scope of work was significantly underestimated at the time of the Agreement's conclusion, and this underestimation cannot be attributed to Adult Model Protection. If this occurs, Adult Model Protection will notify the Customer of the price increase in writing or by email.
11.4 If Adult Model Protection performs additional Services beyond the scope of the original Agreement, at the Customer's request, the costs for these additional Services will be billed separately. The Customer will be informed of these additional costs in advance, as much as possible.
12.1 Adult Model Protection may occasionally offer a trial period for the Customer to test the Service.
12.2 During the trial period, Adult Model Protection reserves the right to suspend or modify the Service. Adult Model Protection does not offer any guarantees during this trial period.
13.1 Invoices will be issued once the Service has been added to the Customer's account on the website.
13.2 Invoices are issued in advance, either on a monthly or quarterly basis.
13.3 For monthly invoicing, the Customer is required to settle the invoices from Adult Model Protection within 7 business days of the invoice date.
13.4 For quarterly invoicing, the Customer must pay the invoices received from Adult Model Protection within 14 days of the invoice date.
13.5 All payments must be made in full, without any deductions or offsets.
13.6 If the payment deadline is not met, the Customer will be considered in default immediately. The Customer will be liable to pay legal and commercial interest on the overdue amount from the due date until payment is made. Additionally, the Customer will bear any collection costs, including both judicial and extrajudicial costs. The extrajudicial collection costs will be 15% of the outstanding amount, with a minimum charge of €100.
13.7 In the event of the Customer's liquidation, bankruptcy, seizure of assets, or suspension of payments, all outstanding amounts owed to Adult Model Protection will become immediately due and payable.
13.8 Any payments made by the Customer will first be applied to any interest owed, then to collection costs, and only after these are settled will the payment be applied to the principal amount due.
13.9 Adult Model Protection reserves the right to retain any goods, information, documents, or data files provided or produced under the Agreement until the Customer has paid any outstanding amounts.
13.10 Donations are non-refundable, except in cases where Adult Model Protection has received a cancellation or refund request within 24 hours of the donation being made.
14.1 If the Customer relocates or changes their billing address, they must promptly notify Adult Model Protection of the new address—whether permanent, temporary, business, or billing—by email, in writing, or through their account, and do so as early as possible.
15.1 Adult Model Protection will not be held liable for any damage, whether direct or indirect, caused by:
a. Events beyond its control, which cannot be attributed to its actions or omissions, as outlined in Article 17 of these General Terms and Conditions;
b. Any acts or omissions by the Customer, its employees, or other individuals hired by or on behalf of the Customer to perform work.
15.2 Adult Model Protection is not responsible for any damage arising from acting on incorrect or incomplete information provided by the Customer.
15.3 Adult Model Protection does not guarantee that the website will be free from malfunctions or always accessible. The Customer acknowledges that access to the website may be interrupted due to various reasons, and Adult Model Protection is not liable for any damage resulting from temporary unavailability of the website.
15.4 While Adult Model Protection strives to secure its systems and website against unauthorized access and data loss, it is impossible to completely prevent unauthorized use or data breaches. Adult Model Protection will not be held liable for any data loss, unauthorized access, or misuse, despite the security measures in place.
15.5 Adult Model Protection will not be held responsible for any damage caused to the Customer as a result of third-party infringement on the Customer's intellectual property rights or damage to the Customer's online reputation.
15.6 Adult Model Protection is not liable for any distortion or loss of data due to telecommunication transmission issues.
15.7 Adult Model Protection is not responsible if the results of the Services provided do not meet the Customer's expectations.
15.8 Adult Model Protection will not be liable for any indirect damages, including but not limited to consequential losses, loss of revenue, loss of savings, business interruptions, reputational damage, or penalties.
15.9 If Adult Model Protection is held liable for any damages, its liability will be limited to the amount covered by its insurance policy. If the insurer does not cover the damage or if the damage is not insured, Adult Model Protection's liability will be limited to the amount of the invoice relevant to the issue at hand. In the case of a continuous performance agreement, the liability is capped at the amount paid by the Customer for Services during one month.
15.10 Any claims or rights the Customer may have against Adult Model Protection will expire one year from the date the event occurred that gave rise to those claims.
15.11 If the Customer fails to comply with their contractual or legal obligations, or commits any wrongful act against Adult Model Protection, the Customer must compensate Adult Model Protection for any resulting damage.
16.1 Any complaints regarding the performance of the Agreement by Adult Model Protection must be submitted directly by the Customer within 8 days of the event that caused the complaint. The complaint should include a detailed description of the issue to allow Adult Model Protection to properly address it. Complaints submitted after this period will not be considered.
16.2 The submission of a complaint does not suspend the Customer's obligation to make payments.
16.3 Adult Model Protection's review of a complaint does not imply any acknowledgment that the performance of the Agreement was defective.
16.4 After submitting a complaint, the Customer must provide Adult Model Protection with the opportunity to investigate the issue and, if necessary, to fulfill its obligations.
16.5 If it is no longer possible or practical for Adult Model Protection to remedy the complaint, its liability will be limited to the provisions outlined in Article 15 of these General Terms and Conditions.
17.1 Adult Model Protection shall not be held responsible for failing to fulfill any obligations if prevented from doing so due to Force Majeure.
17.2 Force Majeure includes, but is not limited to: internet connection failures, virus infections or unauthorized access by third parties, disruptions in the supply of energy or materials, extreme weather conditions, natural disasters, strikes, theft, illness of the individual executing the Agreement on behalf of Adult Model Protection, and actions or regulations imposed by government authorities. Force Majeure also covers any situation where fulfilling the Agreement becomes excessively difficult or costly, compared to the conditions at the time the Agreement was made, to the point that performance is deemed unreasonable by Adult Model Protection.
17.3 If Force Majeure is temporary, Adult Model Protection reserves the right to suspend the performance of the Agreement until the Force Majeure event is resolved.
17.4 Adult Model Protection reserves the right to request payment for any Services already provided prior to the onset of the Force Majeure event.
18.1 Adult Model Protection has the right to suspend the performance of the Agreement or terminate it immediately, without notice, by providing written or electronic notice, in the following cases:
a. The Customer is granted a suspension of payment, whether temporarily or permanently, or is declared bankrupt;
b. The Customer initiates the liquidation of its company;
c. The Customer fails to comply with any legal or contractual obligation, including payment obligations under the Agreement or these General Terms and Conditions.
18.2 Additionally, Adult Model Protection may terminate the Agreement if circumstances arise that make it impossible or unreasonable to continue the Agreement, or if changes to the Agreement are necessary due to circumstances that make its continuation impractical.
18.3 Adult Model Protection shall not be held liable for any damages incurred by the Customer due to such suspension or termination.
18.4 In the situations described in Section 18.1, Adult Model Protection reserves the right to demand immediate payment of the full fee owed by the Customer.
18.5 The Customer must immediately notify Adult Model Protection if any circumstance described in Section 18.1, items a or b, occurs.
18.6 Adult Model Protection retains the right to seek damages from the Customer in any of the above circumstances.
19.1 Both parties are obligated to maintain the confidentiality of any sensitive information acquired from each other or other sources during the course of the Agreement. Information will be considered confidential if explicitly marked as such by the disclosing party or if its nature suggests confidentiality. The recipient of confidential information may only use it for the specific purpose it was provided for.
19.2 If Adult Model Protection is legally compelled, by statute or court order, to disclose confidential information to authorized third parties, and no legal or court-based privilege allows for withholding such information, Adult Model Protection shall not be liable for any resulting damages or compensation. In such cases, the Customer shall not have the right to terminate the Agreement due to any damage caused by this disclosure.
20.1. The provision of Services, access to the website, and related offerings do not transfer any copyrights under the Dutch Copyright Act ("Auteurswet"). All intellectual property rights related to the Services, the website, and other related assets are solely owned by Adult Model Protection or its licensors.
20.2. Any intellectual property rights in documents produced during the performance of Services, such as reports or advice, shall remain with Adult Model Protection. These rights will continue to be held by Adult Model Protection unless a separate written agreement is made between Adult Model Protection and the Customer regarding the transfer of intellectual property rights. The Customer is permitted to use these documents only for the specific purpose for which they were created.
20.3. Documents, including reports and advice, may only be used within the Customer's organization and cannot be reproduced or publicly shared by the Customer.
20.4. The Customer agrees not to infringe upon the intellectual property rights of Adult Model Protection in any way.
20.5. In the event that the Customer violates Adult Model Protection's intellectual property rights, Adult Model Protection reserves the right to terminate the Agreement immediately. The Customer will not be entitled to any compensation, and all damages caused to Adult Model Protection as a result will be charged to the Customer.
20.6. Adult Model Protection has the right to display the Customer's name and/or logo on its website to indicate the Customer as a client.
20.7. The Customer agrees to indemnify and hold Adult Model Protection harmless from any third-party claims regarding intellectual property rights related to materials or information provided by the Customer that are used during the performance of the Agreement.
21.1. All Agreements are exclusively governed by Dutch law, regardless of whether any obligation or part of it is carried out outside of the Netherlands, or if any party involved in the transaction has its place of business outside of the Netherlands.
21.2. Any disputes arising from Agreements between the Customer and Adult Model Protection shall be exclusively brought before the competent court in the district where Adult Protection is registered.
Adult Model Protection
Email: contact@adultmodelprotection.com