Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website neonharborers.world and all related services provided by NeonHarborers B.V. ("NeonHarborers", "we", "us", or "our"), a company registered in the Netherlands with registration number NL43059418.

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our website or services.

These Terms constitute a legally binding agreement between you and NeonHarborers. We may update these Terms from time to time, and your continued use of our website or services after any changes constitutes acceptance of the updated Terms.

Description of Services

NeonHarborers provides web retail solutions and e-commerce services including but not limited to:

• E-commerce platform development and customisation
• Mobile commerce application development
• Analytics and business intelligence solutions
• Digital transformation consulting services
• Technical support and maintenance services
• Cloud infrastructure and hosting solutions

Specific terms for individual services may be outlined in separate service agreements or statements of work, which shall supplement these Terms.

User Obligations and Conduct

By using our website and services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security of your account credentials and be responsible for all activities under your account
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to any part of our services or systems
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of NeonHarborers and third parties

Prohibited Uses

You may not use our services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose

Intellectual Property

All content, features, and functionality on our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code and software, are the exclusive property of NeonHarborers or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Licence to Use

Subject to these Terms, NeonHarborers grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use our website and services for your personal or business use in accordance with these Terms.

Client Work Product

For custom development work, intellectual property ownership will be defined in the specific service agreement. Generally, upon full payment, clients will own the custom code and content created specifically for their project, while NeonHarborers retains ownership of any pre-existing intellectual property, frameworks, and methodologies.

Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content
• Reverse engineer, decompile, or disassemble any software provided through our services
• Remove any copyright, trademark, or other proprietary rights notices
• Use our intellectual property for commercial purposes without express written permission

Payment Terms and Pricing

Pricing for our services will be specified in individual service agreements or quotations. All prices are quoted in Euros (EUR) unless otherwise specified.

Payment Terms

• Payment terms will be specified in individual service agreements
• Invoices are typically due within 30 days of the invoice date unless otherwise agreed
• Late payments may incur interest charges at the rate of 1.5% per month
• We reserve the right to suspend services for overdue accounts

Refunds and Cancellations

Refund and cancellation policies will be specified in individual service agreements. Generally, work completed to date will be billable, and refunds for future work may be provided at our discretion.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

By using our services, you consent to the collection and use of your information as outlined in our Privacy Policy and these Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, NeonHarborers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

In no event shall NeonHarborers' total liability to you for all damages, losses, and causes of action exceed the amount paid by you to NeonHarborers in the twelve (12) months preceding the claim.

Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted service. We shall not be liable for any temporary unavailability of services due to maintenance, updates, or circumstances beyond our reasonable control.

Third-Party Services

Our services may integrate with third-party services and platforms. We are not responsible for the availability, functionality, or terms of service of such third-party providers.

Indemnification

You agree to defend, indemnify, and hold harmless NeonHarborers, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:

• Your violation of these Terms
• Your use of our services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Content or data you provide through our services

Termination

Either party may terminate service agreements in accordance with the terms specified in individual contracts. We reserve the right to terminate or suspend your access to our website and services immediately, without prior notice, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Violation of applicable laws
• Conduct that may harm NeonHarborers or other users

Effect of Termination

Upon termination, your right to use our services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of the Netherlands, and you hereby consent to personal jurisdiction and venue therein.

The European Union's regulations and directives, including but not limited to the General Data Protection Regulation (GDPR) and Digital Services Act, shall also apply where relevant.

Dispute Resolution

We encourage resolution of disputes through direct communication. If a dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute, unless otherwise required by applicable law.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and NeonHarborers regarding the use of our website and services, and supersede all prior and contemporaneous written or oral agreements between you and NeonHarborers.

Changes to Terms

We reserve the right to update or change these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our website or services after we post any modifications to the Terms constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms, please contact us: