Terms and Conditions
These terms and conditions were last updated on January 4, 2023.
The general terms and conditions apply to all agreements that Ultrabit concludes. If you do not agree with these terms and conditions, Ultrabit will not enter into an agreement with you.
The (sub)headings should make it easier to read, no rights can be derived from this.
Table of contents
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Agreement, Quotation and Confirmation
Article 4 – Prices
Article 5 – Execution of the assignment
Article 6 – Payment
Article 7 – Complaints
Article 8 – Liability
Article 9 – Indemnification
Article 10 – Suspension, Termination and Dissolution
Article 11 – Force majeure
Article 12 – Import duties
Article 13 – Other provisions
Article 1 Definitions
In the general terms and conditions, the offers and the agreements to which the terms and conditions apply, the following words are always understood to mean the following.
Customer : The natural or legal person or company that enters into an agreement with Ultrabit.
Agreement : An agreement between Ultrabit and a customer regarding one or more services to be provided by Ultrabit at a price to be paid by the customer.
Written : By letter or e-mail.
ultrabit: A company that is engaged in the sale of hardware for mining crypto coins and the provision of services for this, located at Landweerstraat-zuid 93L, 5349AK Oss.
Shipment Confirmation : The email sent to the customer to confirm the order.
ARTICLE 2 APPLICABILITY
2.1 Ultrabit's general terms and conditions apply to all agreements, offers, invitations to make an offer as well as all services.
2.2 Any reference by the customer to its own purchasing or other general terms and conditions is expressly rejected by Ultrabit.
2.3 Ultrabit is authorized to unilaterally change and/or supplement the general terms and conditions. The amended and/or supplemented general terms and conditions will be sent to the customer.
2.4 Deviations from and/or additions to the general terms and conditions only apply if Ultrabit has expressly accepted them in writing and only apply to the relevant agreement.
Article 3 Agreement, offers and confirmation
3.1 Offers are without obligation, unless they contain a term for acceptance.
3.2 If the acceptance by the customer deviates (whether or not on minor points) from Ultrabit's offer, the agreement will not be concluded in accordance with this deviating acceptance, unless Ultrabit indicates otherwise.
3.3 The customer guarantees the correctness and completeness of the information provided by or on behalf of him on which Ultrabit bases the quotation.
3.4 The orders are accepted in writing by the customer. If the customer fails to do so, but nevertheless agrees that Ultrabit will start performing the service, the content of the order confirmation or quotation will be deemed to have been agreed and the general terms and conditions will apply.
3.5 Ultrabit cannot be held to its offer if the customer can or should reasonably have understood that it, or a part thereof, contains an obvious mistake or error.
3.6 An amendment to the agreement only applies if Ultrabit has expressly accepted it in writing and only applies to the relevant agreement.
3.7 Due to an amendment to the agreement, the originally stated delivery time may be changed.
3.8 If an order has been placed, you will receive a confirmation that the order has been received. This does not immediately mean that your order has been accepted. The order is an offer on Ultrabit's product on your behalf. This offer must be accepted on behalf of Ultrabit and confirmation will be sent to you by email.
3.9 The acceptance of your offer only concerns the products confirmed in the e-mail.
3.10 All photos, descriptions and advertisements are intended to give you an idea of the products sold by Ultrabit. If there are minor discrepancies between the product and the description, you cannot hold Ultrabit accountable.
Article 4 Prices
4.1 All prices are in euros, including VAT as well as other government levies and any costs to be incurred in the context of the (execution of the) agreement (for example travel and accommodation costs, installation costs, shipping and administration costs), unless stated otherwise in writing.
4.2 Ultrabit is entitled to increase the price if after the conclusion of Ultrabit's agreement due to developments in the market it cannot be expected that delivery will be made at the originally agreed price. Ultrabit will notify the customer of its intention to increase the price, stating the size and date on which the increase will take effect. A price change gives the customer the right to dissolve the agreement.
4.3 Said rates, prices and offers do not automatically apply to a future service.
4.4 Ultrabit reserves the right to periodically index the price based on the change in the index figure according to the Consumer Price Index (CPI) series, all households, published by Statistics Netherlands (CBS).
4.5 The application of indexation will never lead to lower prices.
4.6 If Statistics Netherlands should discontinue publication of the price index referred to above or change the basis of its calculation, an index figure that is as comparable as possible will be used.
Article 5 Execution of the assignment
5.1 Ultrabit will make every effort to perform the service as carefully and independently as possible, to represent the interests of the customer to the best of its ability and to strive for a result that is useful to the customer. If necessary, Ultrabit will keep the customer informed about the progress of work.
5.2 Ultrabit determines the approximate delivery time. This term is not a deadline. If the estimated delivery time is exceeded, Ultrabit will only be in default after the customer has given him written notice of default and compliance is not forthcoming within a reasonable period. This reasonable term should take into account the fact that Ultrabit has a manufacturer located abroad.
5.3 The customer is obliged to do everything that is reasonably necessary or desirable to enable timely and correct delivery by Ultrabit, in particular the timely delivery of complete, sound and clear data and/or materials. If the customer has fulfilled his obligations under the agreement, the delivery time starts.
5.4 Exceeding the delivery time never gives the customer, if it is a legal entity or a natural person acting in the exercise of a profession or business, the right to compensation.
5.5 Ultrabit is entitled to engage third parties for the implementation of the agreement. The applicability of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
5.8 The right of withdrawal does not apply to agreements concluded with Ultrabit. The right of withdrawal does not apply if the products are custom-made according to its specification or are stock exchange-related. Due to the volatility of the cryptocurrency market, returning Miners after receiving the order is not possible.
5.9 It is possible that you receive e-mails that are not intended for you. This mail is intended for persons or entities to whom it is addressed. This mail may contain proprietary, confidential and/or privileged material. If you have received this e-mail in error, you must inform Ultrabit as soon as possible.
5.10 Ultrabit will always test the Miner sent to the customer, images will be made of this to show to the customer.
Article 6 Payment
7.1 Payment can be made by debit card, crypto-currency, cash or bank transfer. No products will be shipped until funds have been released, the full purchase price will always be paid in advance. Ultrabit reserves the right not to ship to unconfirmed addresses.
6.2 If the customer pays with the debit card, Ultrabit reserves the right to ship to the statement address.
6.3 If the customer does not pay (on time), the customer owes Ultrabit extrajudicial (collection) costs. These costs are calculated on the basis of what is customary in Dutch collection practice. This is currently the scale of extrajudicial collection costs. In addition to the extrajudicial costs, the customer also owes the judicial and execution costs.
6.4 As soon as the purchased product has been received by the buyer, the risk passes from the seller to the buyer.
Article 7 Complaints
7.1 Complaints must be communicated to Ultrabit in writing as soon as possible, but in any event within five working days after completion of the assignment.
7.2 Complaints about invoices must be reported to Ultrabit in writing by the customer within five working days of the invoice date.
7.3 The customer must prove that the product and/or service does not comply with the agreement.
7.4 The written complaint must be made as detailed as possible, so that Ultrabit is able to respond adequately and, if necessary, to investigate matters. The customer must give Ultrabit a reasonable period of time and the opportunity to investigate the complaint.
7.5 If the customer – if it concerns a legal person or a natural person acting in the exercise of a profession or business – (in time) complains, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for the product and/or service.
7.6 If it is established that a complaint is well-founded and has been complained in time, Ultrabit will replace, repair or provide a replacement for the product and/or service within a reasonable period of time after return receipt - unless return is not reasonably possible - at Ultrabit's option. payment to the customer. Ultrabit does not have this obligation if repair or replacement is impossible or cannot be required of it, for example if the costs are disproportionate.
7.7 If it is established that a complaint is unfounded, Ultrabit may demand reimbursement of the costs it has had to incur as a result of this complaint or that have arisen as a result.
7.8 In the event of improper or careless use and/or modification and/or acting contrary to instructions, the complaint will never be justified.
7.9 Any action under this article lapses if the customer does not or not fully comply with the provisions of this article, after which the customer is deemed to have accepted the product and/or service as sound in all respects.
Article 8 Liability
8.1 Ultrabit is only liable for direct damage. Direct damage is understood to mean:
a) the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of the agreement and the general terms and conditions;
b) the reasonable costs incurred to have Ultrabit's defective performance comply with the agreement, insofar as these can be attributed to Ultrabit;
c) the reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage as referred to in the agreement.
8.2 Ultrabit is never liable for indirect damage, including, but not limited to, consequential damage, lost profit, missed savings and damage due to business interruption.
8.3 Ultrabit is not liable for damage of any nature whatsoever caused by:
a) errors in the material provided by the customer;
b) misunderstandings or errors with regard to the implementation of the agreement if these are prompted or caused by actions of the customer, such as late delivery or failure to provide complete, sound and clear information;
c) errors by third parties engaged on behalf of the customer;
d) auxiliary persons and/or third parties engaged by Ultrabit.
8.4 If Ultrabit should be liable for damage, its liability is limited to a maximum of once the invoice value of the product and/or service to which the liability relates, with a maximum of € 10,000 per event or a series of related events.
8.5 Ultrabit's liability is in any case always limited to the amount of the payment from its insurer, if applicable.
8.6 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Ultrabit or its manager and/or subordinates.
8.7 Damage must be reported to Ultrabit in writing and substantiated immediately after discovery, whereby a period of less than 48 hours is regarded as immediate, but no later than within five days after this damage could reasonably have been discovered. Damage that has not been notified to Ultrabit in writing within this period is not eligible for compensation.
8.8 The customer can only invoke any right to compensation after the customer has set Ultrabit a reasonable term for compliance in writing and Ultrabit continues to fail even after that term has expired.
8.9 Any liability expires after 6 months (factory warranty) from the moment of delivery to the customer.
8.10 In case of a defective Miner, the liability lies with the manufacturer. Ultrabit will then return the Miner to the manufacturer and get a new one sent to the customer.
Article 9 Indemnification
9.1 The customer indemnifies Ultrabit against all claims for compensation from third parties insofar as such damage is the result of the customer not, not properly or not fully complying with these general terms and conditions or specific regulations of Ultrabit, or the failure to provide adequate information by the customer. customer of third-party users when using the product and/or service, or the incorrect provision of information or data by the customer. In such cases, the customer is obliged to compensate Ultrabit for all damage suffered.
9.2 If Ultrabit should be held liable by third parties, the customer is obliged to assist Ultrabit both in and out of court and to immediately do everything that may be expected of him in that case. If the customer does not take adequate measures, Ultrabit is entitled to do so itself without notice of default. All costs and damage on the part of Ultrabit and third parties arising from this are fully for the account and risk of the customer.
Article 10 Suspension, termination and dissolution
10.1 Ultrabit is authorized to suspend the fulfillment of its obligations under the agreement if the customer has not fulfilled any due and payable obligation towards Ultrabit, or if Ultrabit can reasonably expect that the customer will not fulfill its obligation(s) towards Ultrabit. In those cases, Ultrabit is not obliged to pay any compensation to the customer.
10.2 If Ultrabit suspends the fulfillment of its obligations, it will retain its claims arising from the law and/or the agreement.
10.3 Ultrabit is authorized to dissolve the agreement in writing with immediate effect if:
a. a request is made for debt assistance, admission to the Statutory Debt Rescheduling Scheme for Natural Persons, bankruptcy or dissolution of (the company of) the customer;
b. the decision is taken by the customer to apply for its own bankruptcy or to dissolve (the company of) the customer;
c. a request has been made for the appointment of a receiver or administrator in respect of all or part of the client's assets;
d. the customer has requested or has been granted suspension of payment;
e. through the issue, transfer or transfer of shares in the capital of the company into which the customer has contributed the company, the transfer of voting rights to those shares, or as a result of a merger or division, by taking shares or otherwise controlling the activities of the company used by the customer are acquired by one or more others, within the meaning of the SER – Decree on Merger Conduct Rules 2000, regardless of whether those rules of conduct apply to the relevant acquisition;
f. a request to seize goods or property rights of the customer is submitted or such attachment is actually levied;
g. the customer is a natural person and he dies;
h. the business activities of the customer are effectively discontinued;
i. the customer implements its intention to offer a settlement with creditors to avert bankruptcy, suspension of payments, debt counseling or debt restructuring.
10.4 In all cases in which the customer must take into account that he cannot fulfill his obligations towards Ultrabit, he must immediately inform Ultrabit thereof.
10.5 If the Agreement is terminated or dissolved, this will not release the customer from its obligations under the agreement. The agreement remains in force as much as possible as long as the customer has not fulfilled all his obligations towards Ultrabit. All claims of Ultrabit are immediately due and payable and all property of Ultrabit must be immediately returned to Ultrabit.
10.6 If a sample has been shown or provided to the customer at the conclusion of the agreement, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with it. Unless the foregoing has been expressly agreed.
Article 11 Force majeure
11.1 Ultrabit is not obliged to comply with any obligation under the agreement if it is permanently or temporarily prevented from doing so in whole or in part as a result of force majeure.
11.2 Force majeure is understood to mean all causes that prevent, foresee or not foresee the (further) fulfillment of Ultrabit's obligations under the agreement, and which cannot be attributed to Ultrabit. Force majeure includes, but is not limited to: fire, war (threat), (threat of) terrorism, strikes, blockades, riots or other disturbances, lack of fuel, lack of energy, transport restrictions, industrial accidents, illness of employees involved in the implementation of the agreement of Ultrabit and/or third parties engaged by it, weather conditions, natural disasters, quarantine measures, restrictions on the granting of permits, non-compliance with obligations by suppliers and/or carriers, restrictive government measures, malfunctions and failure by third parties to fulfill their obligations.
11.3 In the event of force majeure, Ultrabit is authorized to suspend the performance of the agreement for six months, or to dissolve it immediately (in part), without any obligation for Ultrabit to undo or pay compensation.
11.4 If, as a result of the force majeure, the suspension – as referred to in paragraph 3 – lasts longer than six months, the customer is authorized to give Ultrabit the choice to still proceed with the implementation of the agreement or to (partially) to dissolve. If the force majeure only partially prevents the execution of the agreement, the customer is only authorized to dissolve the agreement for that part. In the event of dissolution, there is no obligation to undo or to pay compensation for Ultrabit.
11.5 If at the time of the occurrence of force majeure Ultrabit has already (partially) implemented the agreement, Ultrabit is entitled to invoice this. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 12 Import duties
12.1 If the products have to be delivered 'outside the EU', there is a chance that the customer will be faced with import duties. The customer is responsible for these charges. Ultrabit has no control over whether fees are charged.
12.2 The customer must always comply with all applicable laws set by the Netherlands. Ultrabit is not responsible for violation of laws on behalf of the customer.
Article 13 Other provisions
13.1 The customer is not permitted to transfer any right from an agreement concluded with Ultrabit to third parties, other than in the case of transfer of his entire company.
13.2 Parties are obliged to keep secret facts and circumstances that come to the knowledge of the other party in the context of the assignment. Third parties involved in the performance of the assignment will be bound by the same confidentiality with regard to these facts and circumstances originating from the other party.
13.3 Ultrabit must insure itself and keep it insured against fire, explosion and water damage as well as against theft and this policy must be available for inspection.
13.4 Dutch law applies to the agreement between Ultrabit and the customer. The competent court is the court in the district where Ultrabit is located.
13.5 If any part of these Terms and Conditions is found to be invalid or unenforceable by a court, the rest will not be affected and the rest of the terms will remain valid.