Terms of Service
These terms of service refer to the two parties mentioned below: ‘No Noob Agency’, the communication agency and publisher of these terms, and ‘Client’, the customer or end-user of a No Noob Agency service. These terms of service apply in full to every invoice issued by No Noob Agency and to every agreement that the Client enters into with No Noob Agency, provided that the Client agrees to a quote.
These terms replace any conflicting terms of the Client and take precedence over them.
If one or more provisions of these terms of service are found to be invalid, the remaining provisions of these terms shall continue to apply. In such cases, the parties will consult to agree on replacement provisions, taking into account the purpose and intent of the original provision as much as possible.
Article 1: Quotes
All quotes from No Noob Agency are based on the information provided by the Client. The Client guarantees that they have provided all essential information necessary for the setup, execution, and completion of the assignment to the best of their ability. The Client shall provide No Noob Agency in a timely manner with all documents, information, and contacts necessary for the proper execution of the assignment.
The quotes made by No Noob Agency are non-binding and valid for 30 days, unless stated otherwise. No Noob Agency is only bound by the quotes if the acceptance thereof is confirmed by the Client in writing within 30 days, unless stated otherwise or agreed upon. No Noob Agency reserves the right to revoke the offer within 3 working days after acceptance by the Client.
The prices in the mentioned quotes are always exclusive of VAT, other government levies, and other costs incurred for the assignment, such as shipping and administrative costs, unless stated otherwise in writing or agreed upon.
If the acceptance deviates from the offer included in the quote, No Noob Agency is not bound by it. The assignment will not be established according to this deviating acceptance unless No Noob Agency indicates otherwise. In the case of verbal (or telephone) changes to the assignment by the Client, without written confirmation, the risk of implementing the changes lies with the Client. Any additional costs associated with changes to the original assignment communicated verbally or in writing by the Client are fully borne by the Client.
Article 2: Payments
Payments must be made within 30 days of the invoice date, unless otherwise agreed in writing, in a manner and currency specified by No Noob Agency. Invoices are sent digitally via email or on paper via regular mail.
Any objections to the invoice must be made in writing within 8 days of the invoice date. It is requested to always mention the date and number of the invoice. If there is no response within the aforementioned period, the Client is deemed to agree with the invoicing and can no longer contest it.
In the event of late payment, a default interest of 1% per month on the outstanding amounts will be due by operation of law, without any notice of default being required, starting from the invoice date, as well as a flat-rate compensation of 10% on the outstanding amounts, with a minimum of 150.00 euros per invoice.
Article 3: Execution of the Agreement
No Noob Agency performs the work related to the assignment to the best of its insight, expertise, and ability. To the extent necessary for the proper execution of the assignment, No Noob Agency has the right to have (parts of) the work performed by third parties (e.g., hosting).
No Noob Agency accepts no liability for work performed by third parties, provided that they have entered into an agreement with the Client.
No Noob Agency is also not liable for any damage caused by relying on incorrect and/or incomplete information provided by the Client, unless the inaccuracy or incompleteness of the information should have been known to it.
If it has been agreed that the assignment will be executed in phases, No Noob Agency may suspend the execution of those parts belonging to the next phase until the Client has approved the results of the preceding phase in writing.
Unless otherwise agreed, the assignment does not include the investigation into the existence of patent, copyright, and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the Client.
Unless the work does not lend itself to it, No Noob Agency is at all times entitled to mention or remove its name on or near the final product, and the Client is not permitted to disclose or reproduce it without the written consent of No Noob Agency.
Article 4: Duration of the Agreement
No Noob Agency represents the interests of the Client within the limits of the assignment given. Unless expressly agreed otherwise in writing, or unless this follows from the nature of the assignment, the assignment from the Client to No Noob Agency is for an indefinite period, with the understanding that both parties may terminate it by registered letter after a period of six months has elapsed. During the aforementioned six-month period, the Client is obliged to comply with the applicable remuneration agreements with No Noob Agency as if no termination were in effect.
Article 5: Modification of the Assignment
The Client accepts that the timeline of the assignment may be affected if the parties decide to change the approach, method, or scope of the assignment and the resulting work. When changes arise in the execution of the assignment by the Client, No Noob Agency will make the necessary adjustments at the Client's request. If this leads to additional work, it will be charged to the Client as an additional assignment. No Noob Agency may charge the extra costs for changes to the assignment to the Client.
Article 6: Termination of the Agreement
If the Client fails to fulfil an obligation as stated in the agreement, either fully or partially, No Noob Agency has the right to suspend all agreements made between the Client and No Noob Agency until the Client has fulfilled all obligations, or to terminate these agreements without prior notice of default due to breach of contract, without any right to compensation or refund for the Client.
In such cases, the Client is automatically, without any notice of default being required, liable for default interest on the outstanding amounts of 1% per month from the invoice date, as well as a flat-rate compensation of 10% on the outstanding amounts, with a minimum of 150.00 euros per invoice.
In the event of liquidation, bankruptcy, cessation of payment, or under the application of legislation on the continuity of the Client's business, No Noob Agency is entitled to demand immediate payment of all outstanding claims, as well as to suspend and/or terminate the agreement until all outstanding amounts or fees are paid.
If the Client terminates the agreement prematurely, the Client is in no case entitled to a refund of the already paid portion. Upon termination of the agreement by the Client, the Client is also liable for a flat-rate compensation amounting to 15% of the value of the order, with a minimum of 100.00 euros, and this is expressly without prejudice to No Noob Agency's right to claim the actual (higher) damages.
Article 7: Liability
No Noob Agency is not liable for indirect damage such as commercial or financial losses, loss of profit, loss of clientele, etc.
No Noob Agency will only be liable for the actual and proven damage resulting from the obligations included in the agreements made with No Noob Agency, thus excluding any other implicit or unwritten obligations.
Article 8: Complaints and Claims
Article 8: Complaints and Claims
Complaints regarding the services provided by No Noob Agency must be reported by the Client in writing within 8 days of discovery, failing which the complaint will be considered non-existent.
All claims of the Client against No Noob Agency, for whatever reason, expire after 6 months from the occurrence of the event that gives rise to the complaint, and which may be the cause of a claim by the Client against No Noob Agency. This period cannot be suspended and can only be interrupted by a legal action.
Even in the case of gross negligence, No Noob Agency's liability for damages is limited to the amount invoiced by No Noob Agency during the last 6 months of cooperation.
Article 9: Privacy and Personal Data Processing
No Noob Agency may use the Client's personal data to provide the Client with informative news about new products and services from No Noob Agency, events related to the operation of No Noob Agency, events from partners of No Noob Agency, job-related information and vacancies, the operation and services of No Noob Agency and/or its partners, employee onboarding, important news, etc. The Client's data may be transferred to third parties or partners for informative or promotional purposes.
This personal data of the Client may be used by No Noob Agency for direct marketing. This allows No Noob Agency to inform the Client at regular intervals about its activities and statistics. If the Client does not wish for their data to be used for this purpose, they can notify No Noob Agency at hello@nonoob.gg. Under no circumstances will this personal data be transferred to third parties.
No Noob Agency reserves the right to modify this privacy policy at any time in accordance with the law of December 8, 1992, for the protection of personal privacy.
The Client always has a legal right to supplement, correct, or delete their personal data in whole or in part. No Noob Agency commits to respond to the Client's request within 15 working days. The Client can send a written request to No Noob Agency by post or email.
The Client has the right, upon proving their identity, to receive the necessary information regarding the processing of their personal data upon simple request. The Client can always correct erroneous or incomplete data via post or email.
Article 10: Dispute Resolution
Belgian law applies to every agreement between No Noob Agency and the Client. The courts of the judicial district of East Flanders (Ghent division) have exclusive jurisdiction to hear disputes regarding this agreement.
Article 11: EU GDPR 'Processor'
I. When processing is carried out on behalf of a data controller, the data controller shall only engage processors who provide sufficient guarantees regarding the application of appropriate technical and organisational measures. This is to ensure that the processing meets the requirements of this regulation and that the protection of the rights of the data subject is guaranteed.
II. The processor shall not engage another processor without the prior, specific, or general written consent of the data controller. In the case of general written consent, the processor shall inform the data controller of intended changes regarding the addition or replacement of other processors, providing the data controller with the opportunity to object to these changes.
III. The processing by a processor shall be governed by a contract or other legal act under Union law or the law of the Member State that binds the processor to the data controller. This contract or other legal act shall specify the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects, and the rights and obligations of the data controller. This contract or other legal act shall specifically state that the processor:
a. processes the personal data only on the basis of written instructions from the data controller, including with regard to transfers of personal data to a third country or an international organisation, unless a Union or Member State law applicable to the processor requires processing. In that case, the processor shall inform the data controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
b. ensures that persons authorised to process the personal data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality;
c. takes all measures required pursuant to Article 32 GDPR;
d. complies with the conditions referred to in paragraphs II and IV for engaging another processor;
e. assists the data controller, taking into account the nature of the processing, by means of appropriate technical and organisational measures, insofar as this is possible, in fulfilling the data controller's obligation to respond to requests for exercising the rights of the data subject laid down in Chapter III;
f. assists the data controller in ensuring compliance with the obligations under Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to him;
g. deletes or returns all personal data to the data controller after the end of the processing services, at the choice of the data controller, and deletes existing copies unless Union or Member State law requires storage of the personal data;
h. makes available to the data controller all information necessary to demonstrate compliance with the obligations laid down in this article and allows for audits, including inspections, by the data controller or an auditor authorised by the data controller;
i. In relation to the first paragraph, point h), the processor shall inform the data controller immediately if, in its opinion, an instruction infringes this regulation or other Union or Member State provisions on data protection.
IV. When a processor engages another processor to carry out specific processing activities on behalf of the data controller, the same data protection obligations as those laid down in the contract or other legal act referred to in paragraph 3 shall be imposed on that other processor by way of a contract or other legal act under Union law or the law of the Member State. In particular, the obligation to provide sufficient guarantees regarding the application of appropriate technical and organisational measures to ensure that the processing meets the requirements of this regulation. If the other processor fails to fulfil its data protection obligations, the first processor shall remain fully liable to the data controller for the performance of those obligations.
V. Adherence to an approved code of conduct as referred to in Article 40 GDPR or an approved certification mechanism as referred to in Article 42 GDPR may be used as an element to demonstrate that sufficient guarantees as referred to in paragraphs I and IV of this article are provided.
VI. Without prejudice to an individual agreement between the data controller and the processor, the contract or other legal act referred to in paragraphs 3 and 4 of this article may be wholly or partially based on the standard contractual clauses referred to in paragraphs 7 and 8 of this article, even if they are part of the certification granted by a data controller or processor under Articles 42 and 43 GDPR.
VII. The Commission may establish standard contractual clauses for the matters referred to in paragraphs 3 and 4 of this article and according to the investigative procedure referred to in Article 93 GDPR, paragraph 2.
VIII. A supervisory authority may draw up standard contractual clauses for the matters referred to in paragraphs 3 and 4 of this article and according to the coherence mechanism referred to in Article 63 GDPR.
IX. The contract or other legal act referred to in paragraphs 3 and 4 shall be drawn up in writing, including in electronic form.
X. If a processor determines the purposes and means of processing in violation of this regulation, that processor shall be considered, without prejudice to Articles 82, 83, and 84 GDPR, as the data controller with respect to that processing.
