Terms and Conditions – Cheat Baits

Terms and Conditions CheatBait

CheatBait UAE/EU (hereinafter: “CheatBait”) is registered with the Chamber of Commerce under number 87639156 and is located at West Warf Techno Centre, Building 1, Level 25, Office 14b, Dubai, Business Bay.

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used with the meanings given, unless explicitly stated otherwise.
2. Offer: any proposal or quote to the Client for the provision of Products and/or Services by CheatBait.
3. Consumer: a natural person not acting in the exercise of a profession or business.
4. Services: the Services offered by CheatBait, including placing (digital) Products on the Client’s social media account.
5. CheatBait: the provider of Products and/or services offering the Services.
6. Client: the natural person acting in the exercise of a profession or business who has appointed CheatBait, awarded projects to CheatBait for Services executed by CheatBait, or to whom CheatBait has made a proposal based on an Agreement.
7. Agreement: the purchase agreement (remotely) concerning the sale and delivery of Products bought by the Client from CheatBait and other obligations between the Client and CheatBait, as well as proposals from CheatBait for Services provided to the Client and accepted by the Client, forming an inseparable part of these general terms and conditions.
8. Products: the Products offered by CheatBait, including but not limited to (digital) Products such as followers, likes, dislikes, views, comments, and stories.
9. Social media: The Facebook, Instagram, YouTube, TikTok, Spotify, Twitter, Twitch, Mixcloud, Shazam, Soundcloud, or Pinterest account of the Client for which they use CheatBait’s services.
10. Website: The Website used by CheatBait is: https://nl.CheatBait.com/.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from CheatBait, every Agreement between CheatBait and the Client, and every Service and/or Product offered by CheatBait.
2. Before a remote Agreement is concluded, the Client will receive these general terms and conditions. If this is not reasonably possible, CheatBait will indicate how the Client can view the general terms and conditions.
3. The Client agrees that the Services will only be used for their own (personal) Social media account for which the Client has given permission.
4. The Services/Products of CheatBait are limited to Clients aged 18 or older. If the Client has not yet reached the age of 18, they are entitled to use the Services/Products of CheatBait with parental or legal guardian consent.
5. Deviation from these general terms and conditions by the Client is not possible. In exceptional situations, deviation from the general terms and conditions can be agreed upon explicitly and in writing with CheatBait.
6. These general terms and conditions also apply to additional, amended, and follow-up orders from the Client.
7. The Client’s general terms and conditions are excluded.
8. If one or more provisions of these general terms and conditions are partially or completely void or annulled, the remaining provisions will remain in effect, and the void/annulled provision(s) will be replaced by a provision with the same intent.
9. Ambiguities about the content, interpretation, or situations not regulated in these general terms and conditions should be assessed and explained according to the spirit of these general terms and conditions.
10. If these general terms and conditions refer to “she/her,” this should also be interpreted as referring to “he/him,” where applicable.
11. If CheatBait has not always demanded strict compliance with these general terms and conditions, it retains the right to require full or partial compliance with these general terms and conditions.

Article 3 – The Offer

1. All offers made by CheatBait are non-binding unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
2. CheatBait is only bound by an Offer if confirmed by the Client. Nevertheless, CheatBait has the right to refuse an Agreement with a (potential) Client for any justified reason.
3. The Offer includes a description of the Services and Products offered. The description is sufficiently detailed to enable the Client to make a proper assessment of the Offer. Any images and data in the Offer are indicative only and cannot be grounds for any compensation or the dissolution of the Agreement.
4. Offers or quotes do not automatically apply to follow-up orders.
5. Delivery times in the Offer from CheatBait are indicative and do not entitle the Client to dissolution or compensation if exceeded, unless explicitly agreed otherwise.

Article 4 – Formation of the Agreement

1. The Agreement is formed when the Client accepts an Offer from CheatBait by paying for the relevant Product.
2. An Offer can be made by CheatBait through the Website.
3. If the Client has accepted the Offer by concluding an Agreement with CheatBait, CheatBait will confirm the Agreement with the Client in writing or by email.
4. If the acceptance deviates (on minor points) from the Offer, CheatBait is not bound by it.
5. CheatBait is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contained an apparent mistake or clerical error. The Client cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded when purchasing (digital) Products if the Client explicitly waives this right.

Article 5 – Execution of the Agreement

1. CheatBait will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as a proper execution of the Agreement requires, CheatBait has the right to have certain work performed by third parties at its discretion.
3. The Client ensures that all information required by CheatBait is provided timely for the execution of the Agreement. If the necessary information is not provided to CheatBait on time, CheatBait has the right to suspend the execution of the Agreement.
4. In executing the Agreement, CheatBait is not obliged to follow the Client’s instructions if these alter the content or scope of the Agreement. If the instructions result in additional work for CheatBait, the Client is obliged to reimburse the additional costs accordingly.
5. CheatBait may require security from the Client before commencing the execution of the Agreement or full prepayment.
6. CheatBait is not liable for any damage caused by relying on incorrect or incomplete information provided by the Client, unless CheatBait was aware of the incorrectness or incompleteness.
7. The Client indemnifies CheatBait against any claims from themselves and third parties suffering damage in connection with the execution of the Agreement attributable to the Client.
8. In case of (possible) criminal acts, CheatBait is entitled to report this and hand over the provided information to the competent authorities, and to perform all actions required in the context of the investigation.
9. Comments made by the Client during the payment process are not considered by CheatBait.

Article 6 – (Delivery)

1. If the start, progress, or (delivery) of the Agreement is delayed because the Client did not provide all required information on time, does not cooperate sufficiently, the (advance) payment is not received on time by CheatBait, or due to other circumstances beyond CheatBait’s control, CheatBait is entitled to a reasonable extension of the delivery term. All agreed delivery terms are never fatal terms. The Client must put CheatBait in default in writing and allow a reasonable term to still deliver. The Client has no right to any compensation due to the delay caused.
2. All damage and additional costs resulting from a delay as mentioned in paragraph 1 are at the Client’s expense and risk and will be charged to the Client by CheatBait.
4. CheatBait strives to complete the service within the agreed term, as far as reasonably possible. After placing an order and completing the payment, the Products will be placed on the Client’s social media account as soon as possible.
5. CheatBait strives to deliver the Agreement as much as possible according to the Offer.

Article 7 – Client Obligations

1. The Client is obliged to provide all information requested by CheatBait before the start of the work and in the desired form for a proper and efficient execution of the Agreement. If the Client fails to do so, CheatBait may not be able to fully execute the Agreement. The consequences of such a situation are always at the Client’s expense and risk.
2. CheatBait is not obliged to check the accuracy and/or completeness of the information provided or to update the Client on this information if it has changed over time, nor is CheatBait responsible for the accuracy and completeness of the information compiled and/or provided to third parties by CheatBait in the context of the Agreement.
3. CheatBait may request additional information if necessary for the execution of the Agreement. If this information is not provided, CheatBait is entitled to suspend its work until the information is received without being liable for any compensation. In the event of changed circumstances, the Client must immediately, or at least within 3 working days after the change becomes known, inform CheatBait.
4. The Client must provide the correct URL to CheatBait for placing the Products on the Client’s social media account.

Article 8 – Additional Work and Changes

1. If during the execution of the Agreement it becomes apparent that the Agreement needs to be adjusted, or if additional work is necessary at the Client’s request to achieve the desired result, the Client is obliged to pay for these additional services according to the agreed rate. CheatBait is not obliged to comply with this request and may require a separate Agreement or referral to a competent third party.
2. If the additional work results from negligence by CheatBait, CheatBait’s misjudgment, or reasonably foreseeable work, these costs will not be charged to the Client.

Article 9 – Prices and Payment

1. During the validity period of the Offer, the prices of the offered Products will not be increased, except in the case of changes in government-imposed VAT rates.
2. All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed.
3. Payment should preferably be made in advance in the currency invoiced via the indicated method.
4. Parties may agree that the Client must pay a deposit. If a deposit has been agreed upon, the Client must pay the deposit before the commencement of the service provision.
5. If a periodic payment obligation of the Client has been agreed upon, CheatBait is entitled to adjust the applicable prices and rates in writing with a notice period of 3 months.
6. The Client cannot derive any rights or expectations from a previously issued budget unless parties have explicitly agreed otherwise.
7. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Client, CheatBait’s claims against the Client are immediately due and payable.
8. CheatBait has the right to apply the payments made by the Client firstly to reduce the costs, subsequently to reduce the outstanding interest, and finally to reduce the principal sum and the current interest. CheatBait can refuse an offer for payment, without being in default, if the Client designates a different sequence of allocation. CheatBait can refuse full repayment of the principal sum if the outstanding and current interest and costs are not also paid.
9. CheatBait is entitled to annually increase the applicable prices and rates in accordance with the prevailing inflation rates. Other price changes during the Agreement are only possible if and insofar as they are explicitly stipulated in the Agreement.
10. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation, or a request for payment from the Client, all payment and other obligations of the Client under the Agreement become immediately due and payable.
11. If CheatBait has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The incurred judicial and execution costs are also borne by the Client.

Article 10 – Collection Policy

1. When the Client does not fulfill their payment obligation and has not met their obligation within the specified payment term, the Client will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet their obligations within that period, before they are in default.
2. From the date the Client is in default, CheatBait will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and reimbursement of the extrajudicial costs in accordance with Article 6:96 BW calculated according to the scale from the decree on compensation for extrajudicial collection costs of July 1, 2012.
3. If CheatBait has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full incurred judicial and execution costs are also borne by the Client.

Article 11 – Retention of Title

1. All items delivered by CheatBait remain the property of CheatBait until the Client has fulfilled all the following obligations from all agreements concluded with CheatBait.
2. The Client is not authorized to pledge or otherwise encumber the items under retention of title if ownership has not yet been fully transferred.
3. If third parties seize the items delivered under retention of title or wish to establish or assert rights to them, the Client is obliged to inform CheatBait as soon as can reasonably be expected.
4. In the event that CheatBait wishes to exercise its property rights as indicated in this article, the Client now unconditionally and irrevocably grants permission and authorization to CheatBait or third parties designated by CheatBait to enter all places where CheatBait’s properties are located and to take back those items.
5. CheatBait has the right to retain the Product(s) purchased by the Client if the Client has not yet (fully) fulfilled their payment obligations, despite an obligation to transfer or deliver by CheatBait. After the Client has fulfilled their obligations, CheatBait will strive to deliver the purchased Products as quickly as possible, but no later than within 20 working days, to the Client.
6. Costs and other (consequential) damages resulting from the retention of the purchased Products are borne by and at the risk of the Client and will be reimbursed to CheatBait by the Client upon first request.

Article 12 – Warranty

CheatBait ensures that the Products comply with the Agreement, the specifications stated in the offer, usability, and/or soundness, and the legal rules/regulations at the time of the formation of the Agreement.

Article 13 – Privacy, Data Processing, and Security

1. CheatBait handles the (personal) data of the Client with care and will only use them in accordance with applicable standards. If requested, CheatBait will inform the person concerned about this.
2. The Client is responsible for the processing of data that are processed using a service from CheatBait. The Client also ensures that the content of the data is not unlawful and does not infringe on any rights of third parties. In this context, the Client indemnifies CheatBait against any (legal) claim related to these data or the execution of the Agreement.
3. If CheatBait must provide information security under the Agreement, this security will comply with the agreed specifications and a level of security that, considering the state of the art, the sensitivity of the data, and the costs associated with it, is not unreasonable.

Article 14 – Suspension and Termination

1. CheatBait is authorized to suspend the fulfillment of obligations or terminate the Agreement if the Client does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, CheatBait is authorized to terminate the Agreement between it and the Client, to the extent that it has not yet been performed, without judicial intervention, if the Client does not timely or properly meet the obligations arising from any Agreement concluded with CheatBait.
3. Furthermore, CheatBait is authorized to terminate the Agreement without prior notice of default if circumstances arise that are of such a nature that fulfillment of the Agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is terminated, CheatBait’s claims against the Client are immediately due and payable. If CheatBait suspends the fulfillment of its obligations, it retains its claims under the law and Agreement.
5. CheatBait always reserves the right to claim compensation.

Article 15 – Force Majeure

1. CheatBait is not liable if, due to a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is hindered by a circumstance that is not its fault and is not for its account by law, legal act, or generally accepted practices.
2. Force majeure includes, but is not limited to, what is understood in this respect by law and jurisprudence, (i) force majeure of suppliers of CheatBait, (ii) the failure to properly fulfill obligations of suppliers prescribed or recommended to CheatBait by the Client, (iii) defectiveness of items, equipment, software, or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network, and telecommunication facilities (for example, due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of CheatBait, (xi) fire, and (xii) other situations that, in the opinion of CheatBait, fall outside its influence that temporarily or permanently prevent the fulfillment of its obligations.
3. CheatBait is entitled to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after CheatBait should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each party is entitled to dissolve the Agreement without any obligation to pay compensation to the other party.

Article 16 – Limitation of Liability

If any result specified in the Agreement is not achieved, a shortcoming by CheatBait is only deemed to exist if CheatBait has expressly promised this result when accepting the Agreement.
In the event of an attributable shortcoming by CheatBait, CheatBait is only obliged to pay any compensation if the Client has given CheatBait written notice of default within 14 days of discovering the shortcoming, and CheatBait has subsequently not remedied this shortcoming within a reasonable period. The notice of default must be submitted in writing and contain such a precise description/substantiation of the shortcoming that CheatBait is able to respond adequately.
If the performance of Services by CheatBait leads to CheatBait’s liability, this liability is limited to the total amount invoiced under the Agreement, but only in respect of the direct damage suffered by the Client, unless the damage is due to intent or gross negligence by CheatBait. Direct damage is understood to mean: reasonable costs incurred to prevent or limit direct damage, the determination of the cause of the damage, the direct damage, the liability, and the manner of repair.
CheatBait expressly excludes all liability for consequential damage. CheatBait is not liable for indirect damage, business interruption, loss of profits and/or loss suffered, missed savings, damage due to business stagnation, loss of assets, delay damage, interest damage, imposed fines, reputation damage, and immaterial damage.
The Client indemnifies CheatBait against all third-party claims resulting from a defect due to a service provided by the Client to a third party and consisting of services delivered by CheatBait unless the Client can demonstrate that the damage was solely caused by CheatBait’s service.
Any advice delivered by CheatBait, based on incomplete and/or incorrect information provided by the Client, is never grounds for CheatBait’s liability.
The content of CheatBait’s delivered advice is non-binding and purely advisory. The Client decides independently and at their own responsibility whether to follow the proposals and advice mentioned therein from CheatBait. All consequences arising from following the advice are at the Client’s expense and risk. The Client is always free to make their own choices that deviate from the (delivered) advice from CheatBait. CheatBait is not obliged to provide any form of refund in such cases.
If a third party is engaged by or on behalf of the Client, CheatBait is never liable for the actions and advice of the third party engaged by the Client, as well as the processing of results (of the provided advice) of the third party engaged by the Client in CheatBait’s own advice.
CheatBait is not liable for and/or obliged to repair damage caused by the use of the Product.
CheatBait is not liable for damage resulting from any act or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
CheatBait is not responsible for errors and/or irregularities in the functionality of the website and is not liable for any malfunctions or the unavailability of the website for any reason.
CheatBait is not responsible for errors and/or irregularities in the functionality of the Client’s social media account and is not liable for any malfunctions or the unavailability of the social media account for any reason. This also includes a limitation in availability or functionality due to unforeseen malfunction or force majeure.
CheatBait is furthermore not liable for damage resulting from or related to changes made to the Client’s social media account by the Client themselves or by third parties.
CheatBait is not liable for defects that occurred after placing Products on the Client’s social media account.
CheatBait is not liable if the Client’s social media account is blocked because the Client used multiple Products in a short time span after purchasing them and used them on/via their social media account. All consequences of the Client’s use of the Product are entirely at the Client’s expense and risk.
CheatBait does not guarantee the accurate and complete transmission of the content of and by/ on behalf of CheatBait sent emails, nor the timely receipt thereof.
All Client’s claims due to shortcomings on the part of CheatBait expire if they are not reported to CheatBait in writing and substantiated within one year after the Client was aware or could reasonably have been aware of the facts on which they base their claims. One year after the termination of the Agreement between the parties, CheatBait’s liability expires.

Article 17 – Confidentiality

CheatBait and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and should also be assumed if it can reasonably be expected that the information is confidential. Confidentiality does not apply if the relevant information is already public/common knowledge, the information is not confidential, and/or the information was not disclosed to CheatBait by the Client during the Agreement and/or was otherwise obtained by CheatBait.
Confidentiality particularly pertains to advice, reports, designs, working methods, and/or documentation regarding the Client’s assignment prepared by CheatBait. The Client is expressly prohibited from sharing the content thereof with employees who are not authorized to take cognizance thereof and with (unauthorized) third parties. Furthermore, CheatBait always exercises the required care in handling all business-sensitive information provided by the Client.
If CheatBait is required by law or a court order to disclose confidential information to a party specified by law or the competent court, and CheatBait cannot invoke a right of non-disclosure, CheatBait is not obliged to pay any compensation and gives the Client no grounds for dissolving the Agreement.
For the transfer or dissemination of information to third parties and/or the publication of productions provided by CheatBait to third parties, the written consent of CheatBait is required unless such consent has been expressly agreed upon in advance. The Client indemnifies CheatBait against all claims from such third parties resulting from the reliance on such information disseminated without CheatBait’s written consent.
CheatBait and the Client also impose the confidentiality obligation on any third parties to be engaged by them.

Article 18 – Intellectual Property Rights

All intellectual property rights and copyrights of CheatBait are exclusively vested in CheatBait and are not transferred to the Client.
The Client is prohibited from publishing and/or reproducing, modifying, or making available to third parties any documents on which CheatBait’s intellectual property rights and copyrights rest without CheatBait’s express prior written consent. If the Client wishes to make changes to items delivered by CheatBait, CheatBait must explicitly agree to the intended changes.
The Client is prohibited from using the Products on which CheatBait’s intellectual property rights rest differently than agreed in the Agreement.
The access code provided to the Client with which the Client gains access to their documents is personal and must never be shared. If this is done, it is considered reproduction and sharing with third parties, thus infringing CheatBait’s intellectual property rights and copyrights.
Each infringement by the Client on CheatBait’s IP rights (and copyrights) is punished with a one-time fine of €10,000 and a fine of €500 for each day the infringement continues. This penalty clause does not affect the possibility for CheatBait to claim damages.

Article 19 – Indemnification and Accuracy of Information

The Client is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form, provided to CheatBait in the context of an Agreement, as well as for the data obtained from third parties and provided to CheatBait for the execution of the Service.
The Client indemnifies CheatBait against any liability arising from failing or failing to timely fulfill the obligations regarding the timely provision of all accurate, reliable, and complete data, information, documents, and/or records.
The Client indemnifies CheatBait against all claims from the Client and third parties engaged by or working under the Client, as well as from the Client’s customers, based on not (timely) obtaining any necessary permissions required for the execution of the Agreement.
The Client indemnifies CheatBait against any claims from third parties arising from the work performed for the Client, including but not limited to intellectual property rights on the data and information provided by the Client that may be used in executing the Agreement and/or the Client’s actions or omissions towards third parties.
If the Client provides electronic files, software, or data carriers to CheatBait, the Client guarantees that these are free of viruses and defects.

Article 20 – Complaints

If the Client is dissatisfied with CheatBait’s service or otherwise has complaints about the execution of their assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via sales@cheatbait.com with the subject “Complaint”.
The complaint must be sufficiently substantiated and/or explained by the Client for CheatBait to process the complaint.
CheatBait will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receiving the complaint.
The parties will try to reach a solution together.

Article 21 – Applicable Law

The legal relationship between CheatBait and the Client is governed by EU/Dutch law.
CheatBait has the right to amend these general terms and conditions and will inform the Client of this.
All disputes arising from or related to the Agreement between CheatBait and the Client will be settled by the competent court of the court in The Hague (The Hague location) unless mandatory legal provisions designate another competent court.
The privacy policy can be viewed at Cheatbait.com/privacypolicy, and the refund policy at Cheatbait.com/refundpolicy.

UAE/Dubai, 14 May 2021.