Terms of Service | Onlyonline

Article 1 - Definitions

Onlyonline Agency, is recognised as a service provider in these general terms and conditions. The counter-party of the service provider is indicated in this general condition as the client. Parties are the service provider and client together. The agreement means the agreement for the provision of services between the parties.

Article 2 - Applicable General Conditions

These conditions apply to all quotations, offers, activities, agreements, and deliveries of services or goods by or on behalf of the service provider. Deviation from these conditions is only possible if this is expressed and determined in writing by the parties. The agreement always contains inspection obligations for the service provider, not result obligations.

Article 3 - Withdrawal of Assignment

The client is free to terminate the assignment to the service provider at any time.

Article 4 - Execution of the Agreement

The service provider implements the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The service provider has the right to have work performed by third parties. The implementation takes place in mutual consultation and after written agreement.

Article 5 - Contract Duration Assignment

The agreement between the client and the service provider is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing. If parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline.

Article 6 - Changes to the Agreement

If during the execution of the agreement it appears that for the proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.

Article 7 - Settlement

The client waives its right to set off a debt to the service provider against a claim on services.

Article 8 - Suspension

The client waives the right to suspend the fulfilment of any obligation arising from this agreement.

Article 9 - Liability for Damage

The service provider is not liable for damage arising from this agreement, unless the service provider caused the damage intentionally or with gross negligence. Any liability for damage arising from or in connection with the implementation of an agreement is limited to the amount that is paid out in the relevant case by the (professional) liability insurance policy.

Article 10 - Client's Liability

In the event that an order is issued by more than one person, each of them is jointly and severally liable for the amounts due to the service provider under that order.

Article 11 - Indemnity

The client indemnifies the service provider against all claims from third parties related to the goods and/or services supplied by the service provider.

Article 12 - Complaint Obligation

The client is obliged to immediately report complaints about the work performed to the service provider in writing.

Article 13 - Retention of Title, Right of Suspension, and Right of Retention

The goods present at the client and the delivered goods remain the property of the service provider until the client has paid the entire agreed price.

Article 14 - Intellectual Property

Unless parties have agreed otherwise in writing, the service provider retains all intellectual property rights on all designs, writings, and other information.

Article 15 - Non-takeover of Staff

The client does not employ employees of the service provider or companies used by the service provider to implement this agreement for a duration of up to one year after its termination.

Article 16 - Dispute Settlement

Australian law applies to these terms and conditions. The Australian court is authorised to take cognizance of all disputes arising from these general terms and conditions.