Welcome to Xerabyte! By accessing or using our website or services, you agree to comply with the following terms and conditions:
1. Intellectual Property
1.1 All content, logos, trademarks, and materials on our website are the property of Xerabyte unless otherwise stated. You may not use, reproduce, or distribute any content without our express permission.
1.2 All details including a request of full control of the website, app, game and/or software has to be informed beforehand.
1.3 If the client want to make changes to the app, website, game and/or software the client has to inform us beforehand.
1.4 If the client want's to have all files of the developed app, website, game and/or software the client must inform this beforehand to avoid any fees or license(s) fees for a given time.
1.5 The client may be able to request changes to the developed app, website, game and/or software unless there is a specific agreement between the parties to grand access to the app, website, game and/or software, if the client has access to it or can access files through a way of granting permission or has limited control or has requested to access all data of the developed topic, than there may be a fee or payment involved.
1.6 If the client want's to make changes to the agreement or want's to end the service such as the app, website, game and/or software the client has to inform this before the end of the license year and must still pay the monthly fee till the end of the licensed year. If the client has requested it just after the start of the new licensed year the monthly fee will still continue till the end of the new licensed year.
2. User Conduct
2.1 You agree not to engage in any unlawful, abusive, or harmful behavior while using our services.
2.2 You are solely responsible for any content you submit or upload to our website/app and must ensure it complies with our community guidelines and applicable laws.
2.3 It is your responsibility to fill all details correctly and complete any invoice within the time period shown in your invoice.
2.4 Xerabyte will send emails, messages and details through post, therefor it is your responsibility to make sure you've filled in any details correctly, additionaly it is your responsibility to make sure you cheack your emails, posts, messages, etc.
3. Limitation of Liability
3.1 We strive to provide accurate and reliable information and services, but we do not guarantee their completeness or accuracy.
3.2 Xerabyte shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services.
5. Changes to Terms
4.1 We reserve the right to update or modify these Terms of Service at any time without prior notice. Your continued use of our services after such changes constitutes acceptance of the updated terms.
6. Payments
6.1 Payment Terms:
Clients are required to make payments in accordance with the pricing and payment schedules outlined in their individual agreements or invoices. By default, anyone using or intending to use Xerabyte's services automatically agrees to these terms, especially when using the Xerabyte app. Clients can request a contract or a separate agreement, which must be agreed upon with Mehmet Demir, the owner and founder of Xerabyte. This request can also be denied.
6.2 Payment Methods:
The payment methods accepted by Xerabyte are detailed within the Xerabyte app and specified in the invoice. These methods include iDEAL, Google Pay, Apple Pay, Klarna (note: Klarna cannot be used for monthly payment subscriptions), and other available payment options. Clients can refer to the Xerabyte app for a comprehensive list of accepted payment methods and their availability.
6.3 Late Payments:
Any overdue payments or failure to make payments after the due date may result in additional actions. Xerabyte reserves the right to send a formal notice via post to the client's provided address, informing them of the overdue payment. An email will also be sent if penalties are involved. Before penalties are applied (which include a fee for late payments after the due date), an informative reminder will be sent through post to the client’s address. The client must make the payment within 24 hours of receiving this reminder. If the payment is made within the 24-hour period, no penalty will be applied. However, if the payment is not received within 24 hours, the penalty will take effect, calculated from the moment the due date ended. Once Xerabyte has sent the notification informing the client that penalties are involved, it is not the responsibility of Xerabyte to inform the client each time an additional penalty is added. The client is clearly informed beforehand, and it is up to the client to manage their payments thereafter.
6.4 Refund Policy:
Typically, Xerabyte does not offer refunds, as our services involve networks and servers that incur ongoing operational costs. This policy primarily applies to manual bank transfers. Initial startup and monthly fees are non-refundable. However, clients are encouraged to inquire if a refund is possible in specific cases. For example, if an overpayment has occurred, Xerabyte may refund the excess amount. Clients can always request a calculation to confirm payment details. If a payment is refundable, Xerabyte will clearly inform the client. If no statement is made regarding a refund, it should be assumed that the payment is non-refundable. It is not Xerabyte’s responsibility to re-calculate every time a payment is made; however, if a client calculates their payments and finds a discrepancy, they may request a re-calculation.
6.5 Taxes and Additional Charges:
All payments may be subject to applicable taxes, fees, or additional charges as required by local or international laws. Clients are responsible for any such charges unless otherwise agreed upon in writing.
6.6 Recurring Payments:
For services with recurring fees, such as maintenance or hosting, clients will be billed on a regular schedule as outlined in the service agreement. Failure to make recurring payments may lead to service suspension.
6.7 Payment Plans:
If a flexible payment plan has been agreed upon, the terms of that plan will be detailed in the agreement. Any default in payment may lead to the re-evaluation of the plan or termination of the service.
6.8 Cancellation Policy:
Clients who wish to cancel their services must clearly inform Xerabyte before the 28th day of the month in which they wish to stop the service. This notice does not guarantee that the service will be stopped within the same month, but it increases the likelihood of a smoother transition and is beneficial for the client. Depending on the service agreement, cancellation fees may apply.
6.9 Payment Obligation for Started Services:
If Xerabyte has begun work on a requested service, the initial (startup) payment must be paid in full, even if the client decides not to continue with the service. Additionally, if the service has been worked for at least 60% and if the requested service involves a monthly fee (which has been activated or payed upfront by Xerabyte), such as for website, webshop, app, or software development, the client is responsible for paying the monthly fee aslong as it stayed online. Xerabyte reserves the right to demand payment and may take legal action if the payment is denied. However, to avoid this course of action, Xerabyte offers a flexible payment plan to accommodate clients in such situations.
6.10 E-invoices (E-Factuur):
All our invoices are made through the Xerabyte app which is a semi-automated to automated system where the invoices are being made, send and payed however, you have the right to request a paper invoice.
6.11 Invoice due dates / deadlines:
All invoices has their own due dates / deadlines, this means that the client must pay within the given timeline. This given timeline may (but doesn't has to) be agreed between both parties, if not then a default invoice deadline should be added by 14 days unless it goes agianst licenses, fees or the agreement of the contract if applicable, The client can always request to have a shorter/longer deadlines however this must be agreed by Mehmet Demir and a flexible payment plan will be made which may (but doesn't have to) include a contract.
Contact Us
If you have any questions or concerns regarding our Terms of Service, please contact us at support@xerabyte.com
Privacy Policy
Information We Collect
a. Personal Information:
Name, Email address, Phone number, Payment information (if applicable)
b. Usage Data:
IP address, Browser type, Device type and operating system, Pages visited within the app, Time and date of usage
c. Cookies and Tracking Technologies:
We use cookies and similar tracking technologies to track activity on our app and store certain information.
3. How We Use Your Information
We use the collected information to:
Provide and maintain our services
Improve and personalize your experience
Process transactions and send notifications
Communicate with you about updates, promotions, and service-related information
Analyze usage and trends to improve the app
4. Sharing Your Information
We may share your information with:
Service providers who assist in our operations
Legal authorities if required by law
In connection with any merger, sale, or transfer of our business assets
5. Security of Your Information
We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.
6. Your Data Protection Rights
Depending on your location, you may have the following rights regarding your personal information:
Access: Request a copy of the data we hold about you.
Rectification: Request correction of inaccurate or incomplete data.
Erasure: Request deletion of your personal data.
Restrict Processing: Request to limit the processing of your data.
Data Portability: Request to transfer your data to another service.
7. Account Deletion
If you wish to delete your account, you can do so by:
- going to your profile and pressing the "Delete Account" button in our app.
- Sending an email to support@xerabyte.com with the subject "Delete Account" including your username/email used for the account.
- After a minimum of 6 years time your account (wihtout any activity) and all archives (passing the 6 years time) will be deleted/destroyed.
- Opening a support ticket through the app or our website, which will take time to process your request (within 30 days) and confirm once your account has been deleted.
8. Children's Privacy
Our services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal data from a child under 13, we will take steps to delete such information.
9. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.
10. Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: support@xerabyte.com
By visiting our website: https://xerabyte.com/en/Contact