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Service Agreement


Article 1: Definitions

Customer: The natural or legal person, partnerships without legal personality, as well as their representative and authorized person, who has made or wishes to make an agreement with MarsAI.


Consumer: A natural person acting outside of trade, business, craft, or profession.


Agreement(s): All agreements made by MarsAI with the Customer, to which these General Terms and Conditions apply.


Usage: The use of web space, email space, and database space agreed with the Customer (specified in the offer), expressed in MB (Megabytes).

Article 2: General

These General Terms and Conditions (hereinafter referred to as "General Conditions") apply to both services provided and goods sold by MarsAI.


By submitting an order, the General Conditions are considered an integral part of this agreement and are accepted without any reservation by the Customer. The General Conditions and any specific Agreement replace all previous verbal agreements, proposals, promises, agreements, or notifications between the parties and constitute the sole and unique Agreement. The Customer’s General Terms and Conditions are not applicable.


MarsAI's obligation to deliver the goods or service ordered by the Customer at the specified price forms the essential obligation of the Agreement. If MarsAI is dependent on the involvement of an external party for the delivery of a good or service ordered by the Customer, MarsAI's delivery obligation will only take effect subject to the availability of the external party and the payment of the price determined by MarsAI. The price paid by the Customer is considered a deposit before the fulfillment of the pending condition.
MarsAI undertakes to consult the external party within five (5) working days after the payment of the deposit to verify availability at the stated price. If, during the consultation with the external party, it is found that the ordered good or service is not available, the agreement will be terminated, and MarsAI will refund the paid deposit, without further obligation between the parties. If the consultation with the external party reveals that the ordered good or service is available at a different price, this agreement will be terminated, and MarsAI will offer the Customer the opportunity to accept the different price. This will lead to a new agreement between MarsAI and the Customer.


Article 3: Duration and Termination

Unless otherwise agreed by the parties, the Agreement is concluded for one year and will be tacitly renewed for the same period. Either party may unilaterally terminate this Agreement without providing a reason, but must provide written notice no later than one month before the end of the first year of the agreement. A notice period of one month will be considered from the time of termination.


Unilateral termination by the Customer does not entitle any right to a refund or compensation, including for previous payments. Upon termination of the Agreement, MarsAI’s claims against the Customer become immediately due, and amounts already invoiced for services provided will still be payable, without the obligation to cancel them. In case of termination by the Customer, the Customer may only terminate that part of the Agreement which has not yet been performed by MarsAI. If the termination is attributable to the Customer, MarsAI is entitled to claim compensation for the damage resulting from this.


Article 4: Prices

The prices indicated by MarsAI on the website and through other channels are always subject to obvious typographical errors. Individual offers may be withdrawn and are valid for 15 days unless otherwise stated.
Unless otherwise stated, all prices are in Euros and exclude VAT (BTW) and are payable as indicated on the invoice. Unless otherwise agreed, prices for services are calculated for one year. In accordance with Article 5, the full price must be paid at the start of this period.


MarsAI reserves the right to change the prices of the service during the term of the Agreement. The Customer will be informed of this through the website and via individual notification. The revised prices will be payable two months after the individual notification to the Customer, otherwise, the Customer may exercise the option to terminate the Agreement free of charge and without providing a reason.


Discounts are applied per Customer and are not cumulative. In case of misuse of offered discounts, including but not limited to creating multiple accounts, MarsAI reserves the right to revoke the discounts.


Article 5: Delivery, Payment, and Complaint Terms


The delivery times stated by MarsAI are non-binding unless explicitly agreed otherwise. The times are expressed in business days. A reasonable delivery delay does not entitle the cancellation of the order or the right to compensation.


In the event of any complaint regarding the delivery of goods or the provision of services, the Customer must notify MarsAI in writing within eight working days of the delivery of the goods or the start of the services. A complaint regarding the delivery of goods or the provision of services cannot be used as a reason to suspend or delay payment of invoices. Failure to submit a written objection to an invoice within eight working days constitutes irrevocable acceptance of the invoice and the amounts, products, and services specified in it.


Invoices must be paid within one month from the invoice date. If the Customer has not made full payment 14 calendar days after the payment term, they will be in default after the first reminder, and the consequences of this default will be stated. When in default, the Customer will be subject to the following consequences:
(i) legal interest will be charged on the unpaid amount; (ii) the Customer must pay the collection costs amounting to 15% of the principal amount or the amount owed under applicable legislation if greater than 15%, or if the Customer is a Consumer; (iii) services provided to the Customer may be suspended without further notice (and any website hosted for the Customer may become inaccessible) until all outstanding amounts, including interest, are paid; (iv) MarsAI has the right to terminate or cancel this Agreement under Article 2 and reclaim any goods delivered, if possible.


The registration of a domain name is only possible if the Customer explicitly agrees in advance that the domain name can be registered immediately during the registration process and that the Consumer expressly waives the right of withdrawal when the domain name is actually registered. In such cases, Article 8 of these General Terms and Conditions will not apply.


Article 6: Code of Conduct and Notice/Removal

The Customer will always cooperate with MarsAI in the provision of services and act in good faith. The Customer will always use the services in accordance with the Acceptable Use Policy available on the latest version of the MarsAI website. If the Customer fails to comply with the obligations arising from this Acceptable Use Policy, the Customer agrees to bear all costs associated with any additional services performed by MarsAI to resolve the problems resulting from the Customer's failure to comply.


MarsAI cannot be held responsible for any loss of internet connections due to technical or other failures, both within and outside the MarsAI network, or due to supplier errors causing such failures. The Customer is solely responsible for the proper use of the goods, services, or software, taking into account the features, documentation, and instructions provided by MarsAI.


Article 7: Domain Name Registration

The correct execution of the Customer's payment and the receipt of the welcome email and invoice from MarsAI do not guarantee the registration of a domain name. The domain name will only be registered once MarsAI has notified the Customer in writing that the domain name has been registered. If it turns out that MarsAI cannot register the domain name due to a Customer error, for example, because the Customer is not the owner of an already registered domain name, the Customer is obliged to pay MarsAI a €25 administration fee, without prejudice to MarsAI's right to claim actual damages.


Domain name registrations will be carried out in accordance with the regulations of the relevant parties responsible for domain name registrations (e.g., DNS Belgium (https://www.dns.be), SIDN (https://www.sidn.nl), DNS.LU (https://www.dns.lu), Afnic (https://www.afnic.fr), Nominet (https://www.nominet.uk/go/terms) or ICANN (https://www.icann.org)). The Customer declares that they have read and accepted the General Terms and Conditions related to this domain name registration, and MarsAI has informed the Customer of these General Terms and Conditions. For specific conditions, MarsAI refers to the websites of the relevant parties responsible for domain name registration.
MarsAI accepts no responsibility for the decision by the Customer to register a domain name or for the infringement of third-party rights by domain names requested for registration by the Customer. The Customer will indemnify MarsAI against any third-party claims relating to the registration of a domain name requested by the Customer.


Article 8: Right of Withdrawal

If the Customer is a Consumer, they have a period of 14 days to withdraw from the Agreement without giving any reason.


The 14-day period begins on the day the Agreement is concluded or, in the case of the sale of goods, on the day the Consumer physically receives the goods.


If the Consumer wishes to exercise this right of withdrawal, they must notify MarsAI in writing within the period mentioned above. MarsAI will refund all payments received and delivery costs to the Consumer using the same payment method used by the Consumer, once all goods are returned.


Article 9: Liability

The liability of MarsAI under the conclusion or execution of the Agreement is limited as follows, except where stated otherwise and within the limits indicated.


The total liability of MarsAI to the Customer for any damages resulting from negligence or any warranty obligation assumed by MarsAI under this Agreement, including but not limited to any negligence by MarsAI in fulfilling its obligations under this Agreement, is limited to an amount equal to the total fees (excluding VAT) owed by the Customer under the Agreement, or if the Agreement exceeds three (3) months, to an amount equal to the fees owed by the Customer for the last three (3) months. The total compensation for direct damages will not exceed ten thousand (10,000) Euros (excluding VAT).


MarsAI is expressly not liable for indirect damages, consequential damages, loss of profits, missed savings, or business interruptions. The liability of MarsAI for any failure to comply with the Agreement arises only if the Customer sends a written notice of default to MarsAI immediately and grants a period of at least 14 days, and MarsAI still fails to comply after this period. The notice must contain the most detailed description of the fault possible to enable MarsAI to respond appropriately. The notice must reach MarsAI within 30 calendar days after the damage has been identified.


The exceptions and limitations specified in this article do not apply in the event of damage resulting from deliberate or gross negligence on the part of MarsAI management or where the actions or omissions of MarsAI result in the death or bodily injury of the Customer.


The Customer is liable to MarsAI for any damages resulting from errors or negligence attributable to the Customer. The Customer indemnifies MarsAI against any claims from third parties related to the use of the services or goods by the Customer, whether or not authorized by MarsAI. This indemnity also applies to persons who are not employees of the Customer but who use the services or goods under the responsibility or with the permission of the Customer.


Article 10: Processing of personal data

If the Customer, as the controller within the meaning of the General Data Protection Regulation (GDPR), processes personal data by using MarsAI’s services, products, or goods, the Customer must conclude a data processing agreement with MarsAI based on the GDPR and must use the option provided by MarsAI. If the Customer does not make use of the option to conclude a data processing agreement provided by MarsAI, the Customer guarantees that they will not use the services or delivered goods to process personal data and the Customer will indemnify MarsAI against any damages or claims arising from the unlawful processing of personal data using the services or goods.


If the Customer uses MarsAI's services, products, or goods as a natural person (data subject within the meaning of the GDPR), MarsAI will comply with all obligations imposed on MarsAI as the data controller under the GDPR, in accordance with MarsAI's privacy policy and registration policy (https://www.marsai.co.uk/privacy-policy).


Article 11: Intellectual property rights

All intellectual property rights to products and/or services, designs, software, documents, and all other materials developed and/or used in the preparation or execution of the Agreement between MarsAI and the Customer, as well as the rights arising from them, belong solely to MarsAI or its suppliers. Delivery of products and/or provision of services does not constitute a transfer of any intellectual property rights. The Customer will obtain a non-exclusive and non-transferable user right to use the products and service results for the agreed purposes. The Customer will strictly comply with the conditions stipulated or imposed on them in the General Conditions. Without prior written permission from MarsAI, the Customer will not disclose, copy, or make the products or service results available to any third party in any way. The Customer will not remove and/or alter instructions regarding MarsAI's or its suppliers' copyrights, trademarks, trade names, or other intellectual property rights. MarsAI guarantees that it is authorized to grant the Customer the user right and indemnifies the Customer against any third-party claims.


This article does not apply if the products and/or service results are modified and/or delivered together with third-party goods, unless the Customer proves that the third-party claims are solely related to the products provided by MarsAI and/or the results of the services. MarsAI reserves the right to take technical measures to protect its products, services, or goods. If MarsAI has secured these products, services, or goods by means of technical protection, the Customer is not entitled to remove or bypass this protection, unless otherwise provided by law.


Article 12: Miscellaneous

The Customer's rights and obligations arising from the Agreement with MarsAI cannot be transferred to third parties, in whole or in part, without prior written consent from MarsAI.


If any provision or application of a provision of the Agreement with MarsAI becomes invalid or unenforceable with respect to any party or situation, the other provisions of the agreement will remain in full effect.


Changes in contact details such as addresses, phone numbers, contact persons, and email addresses must be reported to MarsAI immediately. If the Customer does not notify MarsAI immediately, MarsAI reserves the right to charge the Customer for search efforts or returned shipments. MarsAI’s daily logs and other records, whether electronic or otherwise, constitute conclusive proof of MarsAI’s statements, and the version of any (electronic) communication received or stored by MarsAI will be deemed authentic, unless the Customer provides evidence to the contrary.


Article 13: Force Majeure

In the event of force majeure, MarsAI will be exempt from its obligations under these General Terms and Conditions for the duration of the event and MarsAI will notify the Customer in writing, explaining the force majeure, and will resume fulfilling the relevant obligations as soon as the force majeure ceases. The Customer will not be entitled to claim damages due to any failure by MarsAI to fulfill its contractual obligations due to force majeure.


Article 14: Applicable Law and Jurisdiction

This Agreement with MarsAI is governed by the law of the United Kingdom. Unless otherwise stipulated by mandatory legal provisions, all disputes arising from the Agreement will be settled by the competent United Kingdom court in the region where MarsAI is established.