Terms & Conditions
1. Tracks To The Max: TTM Productions, established in Soest, The Netherlands, Chamber of Commerce no. 65614216.
2. Customer: the party which Tracks To The Max has entered into an agreement with.
3. Parties: Tracks To The Max and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Tracks To The Max. 
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by Tracks To The Max are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Tracks To The Max is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Tracks To The Maxoffers services on the basis of no cure no pay.
4. In the case of no cure no pay, the payment obligation for the customer arises when the agreed result has been achieved.
Payments and payment term
1. The customer must have paid the full amount before delivery.
2. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Tracks To The Max having to send the customer a reminder or to put him in default. 
3. Tracks To The Max reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
4. Tracks To The Max may require a down payment of up to 50% of the agreed amount for custom orders. 
Consequences of late payment
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
The customer waives his right to settle any debt to Tracks To The Max with any claim on Tracks To The Max. 
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Tracks To The Max, not obligations of results.
Performance of the agreement
1. Tracks To The Max executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
2. Tracks To The Max has the right to have the agreed services (partially) performed by third parties.
Duty to inform by the customer 
1. The customer shall make available to Tracks To The Max all information, data, and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
2. The customer guarantees the correctness, completeness, and reliability of the information, data, and documents made available, even if they originate from third parties unless otherwise ensuing from the nature of the agreement. 
3. If and insofar as the customer requests this, Tracks To The Max will return the relevant documents. 
4. If the customer does not timely and properly provide the information, data, or documents reasonably required by Tracks To The Max and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Intellectual property 
1. Tracks To The Max retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing. 
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Tracks To The Max, nor show them to third parties and/or make them available or use them in any other way.
1. The client keeps any information he receives (in whatever form) from Tracks To The Max confidential.
2. The same applies to all other information concerning Tracks To The Max of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Tracks To The Max.
3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret. 
4. The obligation of secrecy described in this article does not apply to information:
* which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
* which is made public by the customer due to a legal obligation 
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof. 
1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Tracks To The Max an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues. 
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article. 
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Tracks To The Max including its right to claim compensation in addition to the fine.
The customer indemnifies Tracks To The Max against all third-party claims that are related to the products and/or services supplied by Tracks To The Max. 
1. The customer must examine a product or service provided by Tracks To The Max as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Tracks To The Max of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
3. Consumers must inform Tracks To The Max of this within two months after the detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Tracks To The Max is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Tracks To The Max being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Tracks To The Max in writing via email.
2. It is the responsibility of the customer that a notice of default actually reaches Tracks To The Max via email (in time). 
Joint and several Client liabilities
If Tracks To The Max enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Tracks To The Max under that agreement. 
Liability of Tracks To The Max
1. Tracks To The Max is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If Tracks To The Max is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Tracks To The Max is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Tracks To The Max is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Tracks To The Max shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
1. The customer has the right to dissolve the agreement if Tracks To The Max imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by Tracks To The Max is not permanent or temporarily impossible, dissolution can only take place after Tracks To The Max is in default. 
3. Tracks To The Max has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Tracks To The Max good grounds to fear that the customer will not be able to fulfill his obligations properly. 
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Tracks To The Max in the fulfillment of any obligation to the customer cannot be attributed to Tracks To The Max in any situation independent of the will of Tracks To The Max, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Tracks To The Max . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which Tracks To The Max cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Tracks To The Max can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. Tracks To The Max does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 
Changes in the general terms and conditions
1. Tracks To The Max is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by Tracks To The Max with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Tracks To The Max to third parties without the prior written consent of Tracks To The Max. 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Tracks To The Max had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where Tracks To The Max is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Terms of Service
I understand that "Reposts" on SoundCloud and "Placements" on Spotify do not guarantee a high number of plays on my track. Furthermore, reposts on SoundCloud expire after 48 hours.
I am aware that "Organic Followers" on both SoundCloud and Spotify do not guarantee a significant increase in engagement, plays, or interactions on my tracks. If I desire to promote my tracks, I may consider utilizing our repost promotion service.
I understand that the promotion process may take up to 7 days to commence and up to 3 months to complete. For larger orders, the process may take even longer. For additional information regarding large orders, I may reach out to our team. I acknowledge that once the service has been delivered, I am not entitled to a refund if I am dissatisfied with the results. By accessing and utilizing our services, I agree to abide by the terms and conditions of this agreement. Additionally, any specific guidelines or regulations associated with our services must be adhered to. By participating in our service, I implicitly agree to these terms and conditions.
All products, whether free or premium, available on our website are subject to the following copyright terms, agreements, and licenses. Failure to agree with these terms, agreements, and licenses prohibits any use, whether commercial or non-commercial, of our products.
Complying with the Agreement
By accessing and utilizing the Website and Services provided by Tracks To The Max, you are acknowledging your consent to be legally bound by this Agreement. We kindly request that you take the time to carefully read and understand the terms and conditions outlined herein. Should you choose not to adhere to the terms set forth in this Agreement, you are prohibited from accessing or using the Website and Services.
Confirming Agreement Acceptance
Upon acceptance of these terms, you confirm that you have read the Agreement in its entirety and agree to comply with all the terms and conditions stated herein. Your agreement signifies your commitment to abide by the guidelines and regulations established by Tracks To The Max.
Consent to Legally Binding Agreement
By accessing and utilizing the Website and Services, you provide explicit consent to be legally bound by this Agreement. This agreement forms a legally binding contract between you and Tracks To The Max, governing your usage of the Website and Services offered.
Non-Acceptance of the Agreement
If you do not agree to adhere to the terms and conditions set forth in this Agreement, you are not permitted to access or use the Website and Services. We encourage you to review the Agreement carefully to ensure a comprehensive understanding of your rights and responsibilities as a user
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