These General Terms and Conditions apply to orders placed with: Ecom Pirates, located at Calle Tabarca 12-14, 03580 L’Alfàs del Pi (Alicante, Spain).

Ecom Pirates® is a trademark of Piratas Ecom S.L.

Article 1. Definitions

Client - the natural person or legal entity who has commissioned Ecom Piraten or intends to do so and has requested a quotation from Ecom Piraten in that regard;

The Assignment - the agreement between Ecom Piraten and the client under which Ecom Piraten performs work for the Client;

Works - the work prepared and/or performed by Ecom Piraten under the Assignment, including but not limited to research and analysis, drafting (marketing) plans, graphic and web design, copywriting, storytelling, creating, modifying, and/or supplementing creative concepts, marketing campaigns, online campaigns, social media campaigns, content creation, etc.

Article 2. Applicability

1. These general terms and conditions apply to and form part of the Assignment and every agreement, offer, acceptance, or any (current or future) legal relationship between us and the Client.

2. The applicability of the Client's general terms and conditions, however named, is explicitly rejected.

Article 3. Quotes

1. Every offer, quotation, and cost estimate made by us is entirely without obligation, unless the offer, quotation, or cost estimate itself expressly and unambiguously (in writing) states otherwise.

2. Our quotations include—particularly with regard to the provisions of the previous paragraph—:

designs, drawings, advertising or marketing concepts, trademarks, brand names, company names, product names, models, samples, descriptions, images, and the like, as well as any appendices and documents relating to our quotations. All of this remains our (intellectual) property, must be returned to us upon request, and may not be copied and/or provided to third parties without our express written permission.

Article 4. Establishment and termination of the Assignment

1. The Order is concluded by the Client signing our quotation or by us sending an order confirmation to the Client.

2. Any additional agreements and/or commitments made and/or given by our employees, or made and/or given on our behalf by other persons acting as representatives, are only binding on us if these agreements and/or commitments are confirmed in writing by our authorized representative(s).

3. Unless otherwise agreed between the parties, a hosting service is entered into for one year and is tacitly renewed each time for the same duration. Either party may unilaterally and without stating reasons in writing by registered letter or email, with the date of confirmation serving as the termination date, at least two months before the expiration of each one-year period. A notice period of one month applies from the moment of termination, except for monthly contracts. Unilateral termination by the customer does not give rise to any refund or reimbursement of payments already made. If the hosting service is terminated, the Client's claims against the customer are immediately due and payable, and amounts already invoiced for services rendered remain due, without any obligation to cancel.

Article 5. Prices and payment

1. Unless otherwise agreed in writing, payments must be made in euros, without any deduction or discount, by transfer to a bank account designated by us no later than 14 days after the invoice date.

2. All amounts in an offer, quotation, cost estimate, and order confirmation from us are exclusive of VAT and other government levies, and any shipping, transport, postage, and other expenses, unless otherwise stated.

3. Costs relating to third parties engaged by us for the execution of the Order will be charged by us to the Client.

4. We reserve the right to suspend our work and other obligations until full payment of our outstanding invoices to the Client has been made, without prejudice to the Client's obligation to fulfill its obligations.

5. If the Client fails to fulfill any payment obligation, the Client will be in default by operation of law, without any further notice or notice of default being required, and the Client will owe us statutory commercial interest on the outstanding amount until the date of full payment. In addition, the Client will owe extrajudicial collection costs, which are fixed at 15% of the amount due, with a minimum of €750.00 (seven hundred and fifty euros).

6. The provisions of this article are without prejudice to any other rights we may have based on (imminent) failure to perform by the Client.

7. The prices agreed between the Client and us are based on, among other things, the costs of salaries, social security contributions, office costs, materials, etc. In the event of a change in one or more cost items, we are entitled to adjust the prices to reflect such change(s). Furthermore, a rate change may occur if the content of the Assignment changes, if the Assignment is extended, or if applicable laws and regulations change.

8. All assignments exclude travel and accommodation expenses, as well as travel time. Travel expenses are €0.19 per kilometer, and travel time is calculated from our address in Tilburg at our then-current hourly rate.

9. If we intend to change the agreed prices, we will notify the Client. If the Client does not agree to a price change, the Client is only entitled to terminate the Assignment effective from the date the price change takes effect.

10. If the Assignment is based on a cost estimate or if we have not provided a price in advance, this means that, before we commence the agreed work, a general estimate of the expected costs will be made. After completion of the work to be performed, all actual costs incurred related to the work will be charged. The Client is aware that the previously determined estimate may be lower than the actual costs incurred.

11. We may transfer our claims arising from all transactions to a credit insurer of our choice.

Article 6. Delivery and delivery times

1. If a deadline has been agreed upon within the term of the Assignment for the completion of certain Works and/or activities, this is never a strict deadline. If the completion deadline is exceeded, the Client must notify us in writing, providing a reasonable period for completing the Works and/or activities. If – in deviation from the above – a penalty for exceeding the delivery time has been expressly agreed upon in the individual Assignment, this penalty will not be due if the delivery time is exceeded due to the cases of force majeure referred to in Article 11 of these general terms and conditions.

2. If delivery takes place in installments, we reserve the right to consider each delivery as a separate transaction.

3. If the Assignment consists (in part) of the design and/or hosting of an online service, including, for example, a website and/or email services, we do not guarantee that the online service in question will always function flawlessly and/or be accessible.

Article 7. Additional work

1. Additional work is deemed to occur when the Client requests work

that is not included in the order confirmation, or for the extension of work that also does not correspond to the order confirmation, including a request from the Client for an earlier or later delivery date.

2. If we believe that a request from the Client constitutes additional work, we will notify the Client before fulfilling the request. We will also state the costs and other conditions, to the extent reasonably possible. However, we are never obligated to perform additional work and may require that a separate order be placed for it.

3. If, at the request or with the prior consent of the Client, we have performed work or other services that fall outside the content or scope of the Order, the Client will reimburse us for these services in accordance with our then-current rates and conditions.

Article 8. Advertising by the Client

1. The Client guarantees the accuracy and completeness of, and is responsible for, the data

provided to us.

2. Works delivered by us to the Client are deemed to have been

accepted by the Client if:

a. The Client has not notified us in writing of its complaint(s) and their content within seven days of delivery of the Works;

b. The Client uses the Works and/or has made them public in any other way.

3. Any right of action the Client may have against us relating to defects in the Works delivered by us shall lapse if:

a. The defects are not brought to our attention within the period referred to in Article 8, paragraph 2(a), and/or are not brought to our attention in the manner specified for this purpose;

b. The Client does not cooperate or provides insufficient cooperation regarding an investigation into the validity of the complaints;

c. The Client continues to use the Works;

Article 9. Liability

1. Our total liability for attributable failure to perform the Assignment will, subject to

this article, be limited to compensation for the direct damage suffered, up to a maximum of the total fees (excluding VAT) actually paid by the Client to us based on the Assignment, with a maximum of €25,000.00 (in words: twenty-five thousand euros) per event, whereby a series of related events is considered a single event.

2. Direct damage as referred to in Article 9, paragraph 1, is understood to mean exclusively:

a. the reasonable costs that the Client would have to incur to ensure that our performance complies with the Assignment. However, these damages will not be reimbursed if the Client has terminated the Assignment;

b. the reasonable costs incurred to determine the cause and extent of the damage;

c. the reasonable costs incurred to prevent or limit damage, insofar as the Client

demonstrates that these costs have led to a limitation of damage.

3. We are never liable for indirect damages, including, but not limited to, consequential damages,

lost profits, lost savings, destruction or loss of files and/or data, damages due to delays, losses incurred, damages caused by the Client's inadequate provision of information and/or cooperation, and damages due to business interruption.

4. Our total liability for damages resulting from death or bodily injury will never exceed €1,000,000.00 (in words: one million euros) per event, with a series of related events being considered a single event.

5. Except in the cases mentioned in this article, we are not liable for any damages whatsoever, regardless of the grounds on which an action for damages is based, unless there is intent or deliberate recklessness.

6. Any right to compensation is conditional upon the Client notifying us in writing within thirty days of the occurrence of the damage in question and taking the necessary measures to limit the damage as much as possible. Failure to comply with this obligation or failure to comply in a timely manner will result in the loss of any right to compensation.

Article 10. Intellectual Property Rights

1. All (intellectual property) rights arising from the Assignment, including but not limited to copyrights and design rights, belong exclusively to us, unless otherwise agreed in writing. If a filing or registration is required to obtain such a right, we are solely authorized to do so, unless the parties have agreed otherwise.

2. Proposals, ideas, and the explanations thereof contained in a quotation and/or order confirmation from us may not be used by the Client outside the scope of the Assignment without our written permission.

3. Any use of Works contrary to the provisions of this article will be considered an infringement of our (intellectual property) rights.

4. The advertising concepts, brands, brand names, company names, product names, reports, advice, texts, illustrations, prototypes, models, molds, designs, advertising concepts, slogans, advertising properties, films, audio and video presentations, computer files, and all other materials intended for the creation of the work created by us remain our property at all times, regardless of whether they have been made available to the Client or a third party. We do not guarantee that the Works are unique and/or exclusive.

5. We grant the Client, subject to the condition precedent that the Client has fulfilled all its payment obligations to us arising from the Assignment, a license to use the Works produced by us for the Client, insofar as this concerns the right of publication and reproduction, in accordance with the usage agreed upon between the parties in the Assignment. If no agreements were made regarding use when the Order was placed, the license grant will be limited to the use of the Works that we could reasonably have understood, at the time the Order was placed, to be intended by the Client. If a difference of opinion arises between the Parties on this matter, the burden of proof of the intended use rests with the Client.

6. If the Client wishes to make broader use of the Works than originally agreed, we will grant permission. We are entitled to attach conditions to this permission, in particular the condition that the Client will pay an additional fee for the broader use.

7. The Client is not permitted to make or have made changes to the Works without our prior written consent.

Article 11. Force Majeure

1. Force majeure means any circumstance beyond our control that is of such a nature that

compliance with the Order cannot reasonably be expected of us (non-attributable failures in performance). Force majeure also includes: war, unrest and hostilities of any nature, blockades, boycotts, natural disasters, epidemics, shortages of raw materials, prevention and interruption of transport options, disruptions in our company, import and export restrictions or prohibitions, impediments caused by measures, laws, or decisions of international, national, and regional (government) authorities, force majeure of our suppliers, failure to properly fulfill obligations of our suppliers prescribed to us by the Client, defects in goods, equipment, software, or materials of third parties whose use has been prescribed by the Client, power outages, disruptions of the internet, data network, or telecommunications facilities. If, due to force majeure, we are unable to fulfill our obligations, or are unable to do so properly or on time, we are entitled to consider the Order or the portion not yet performed as dissolved, or to suspend it for a fixed or indefinite period, at our discretion. In the event of force majeure, the Client cannot claim damages from us.

Article 12. Processing of personal data

1. If and to the extent that we process personal data in the performance of an Assignment,

this is done under the responsibility of the Client. The Client warrants that the content, use, and/or processing of the personal data is not unlawful and does not infringe any third-party rights. The Client indemnifies us against any legal claim by a third party, on any grounds whatsoever, related to the processing of personal data in the performance of the Assignment.

2. Without prejudice to the provisions of Article 12, paragraph 1, of these general terms and conditions, the Client will also inform us in writing upon first request about the manner in which the Client fulfills its obligations under applicable legislation regarding the protection of personal data.

Article 13. Other provisions

1. The Assignment is exclusively governed by Dutch law.

2. All disputes arising from the Assignment will be settled by the competent court in Spain.

3. If any provision of these general terms and conditions proves to be invalid or unenforceable,

such invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions of these general terms and conditions. If a provision is invalid or unenforceable, we will endeavor to reasonably draft a replacement provision that is valid and enforceable, which, as far as possible, has the same (economic) meaning, content, and purpose as the provision it replaces.

4. Any deviation from these general terms and conditions must be agreed in writing and will not create a precedent for future assignments.

5. We reserve the right to amend these general terms and conditions at any time. Amendments will only become effective after the Client has been notified thereof.

Processing Personal Data

If we process personal data for the Client in the performance of an Assignment, the following terms and conditions apply in addition to our General Terms and Conditions and in compliance with Article 28, paragraph 3, of the GDPR. In that case, we are the processor and the Client is the controller. These terms and conditions use the same terms as those in the GDPR and our General Terms and Conditions where possible, and in that case, they also have the same meaning.

1. Processing personal data

1.1. We process personal data solely on the instructions of the Client and solely in the context of carrying out the Assignment, plus the purposes reasonably related thereto or determined with further consent.

1.2. We follow the Client's written instructions regarding the processing of personal data and will not process the personal data in any other way unless the Client grants us prior permission or instruction to do so.

1.3. The Client guarantees that it will comply with applicable laws and regulations regarding the processing of personal data, including the written instructions assigned to us.

1.4. The Client ensures and guarantees that data subjects can exercise their rights in accordance with applicable laws and regulations.

1.5. We will, to the extent possible, cooperate with the Client in complying with its obligations under applicable laws and regulations, including the rights of data subjects, within the legally stipulated timeframes, including, but not limited to, requests for access, correction, supplementation, deletion, or shielding of personal data and the execution of a valid registered objection, as well as with the Client's obligations as referred to in Articles 32 through 36 of the GDPR. We reserve the right to charge the Client for the costs associated with these efforts.

1.6. The Client hereby grants us permission to engage a subprocessor to process personal data. We will inform the Client of the subprocessors engaged. If the Client cannot reasonably agree with the proposed change or addition of a particular subprocessor, the Client is permitted to object. We are permitted to offer an alternative within four weeks. If we do not offer an alternative, the Client is permitted to terminate the Assignment, without being liable to pay any compensation to the Client as a result of the termination of the Assignment.

1.7. If we engage a subprocessor, we will ensure that the subprocessor undertakes to implement appropriate technical and organizational measures regarding the processing of personal data and to maintain confidentiality.

1.8. We will not provide personal data to anyone other than the Client, except subprocessors, unless at the Client's written request, with their written consent, or when this is necessary to comply with the Assignment and/or a legal obligation.

1.9. At the Client's first request, and in any case after the Assignment has ended, all personal data in our possession will be returned to the Client or provided to the Client or a third party designated by the Client, or deleted, at the Client's discretion.

2. Confidentiality

2.1. We will keep the personal data processed in the context of the execution of the Assignment confidential and will take all necessary measures to ensure the confidentiality of the personal data. We will also impose this confidentiality obligation on our personnel and all persons and sub-processors engaged by us.

2.2. The confidentiality obligation referred to in this article does not apply if personal data is provided to a sub-processor, if the Client has given express written permission to provide personal data to a third party, if a legal obligation exists to provide the personal data to a third party, or if the data is not secret or confidential in nature, is already generally known, or if confidentiality is not possible due to a legal obligation.

3. Data leaks

3.1. If we discover a potential data breach, we will inform the Client without undue delay. This information will include, to the extent available:

3.1.1. A description of the potential data breach, including the possible cause and likely consequences;

3.1.2. Whether and, if so, which categories of personal data are involved in the potential data breach, including (if available and approximate) an indication of the number of data subjects involved;

3.1.3. What the (known or expected) consequences of the potential data breach are, as well as the (proposed) solution;

3.1.4. What the proposed and/or already implemented measures are;

3.1.5. Contact details for us to follow up on the report.

3.2. We will keep the Client informed of new developments regarding the data breach. We will also inform the Client of the measures taken to mitigate and end the data breach and to prevent a similar incident in the future. 3.3. We will not report the data breach to the Dutch Data Protection Authority and/or the data subject(s) on our own initiative. This responsibility lies with the Client.

4. Personal Data Security

4.1. We will ensure that the Personal Data is adequately secured and will implement appropriate technical and organizational measures to prevent the loss and unlawful processing of Personal Data.

4.2. The Client is permitted, after consultation with us, to conduct (or have conducted) an audit to determine whether the processing of Personal Data complies with applicable laws and regulations and the provisions of these terms and conditions. The costs associated with these efforts will be borne by the Client, with the time spent by us at the Client being charged at our then-current hourly rate.

4.3. We will not process Personal Data outside the European Union without the Client's prior written consent.

5. Liability

5.1. The Client is liable, if necessary in deviation from the provisions of the Assignment and/or our General Terms and Conditions, for all damages we suffer as a result of failure to comply with applicable laws and regulations and the provisions of these terms and conditions.

5.2. The Client is liable and indemnifies us against any fine and/or penalty imposed on us by the Supervisory Authority if the imposition of this fine and/or penalty is attributable to the Client, for example, in the event of unlawful or negligent conduct on the part of the Client.

5.3. The Client indemnifies us against all claims from third parties, including but not limited to data subjects, sub-processors, or other persons and organizations with whom the Client has entered into a partnership or whose personal data we process, if the claim is attributable to the Client, for example, in the event of unlawful or negligent conduct on the part of the Client.

5.4. If we are liable, on any grounds whatsoever, for any damages and costs suffered or incurred by the Client in connection with the performance of these terms and conditions, including any fines and/or penalty payments imposed on the Client by us, the provisions regarding limitation of liability and compensation in the Assignment and our General Terms and Conditions shall apply mutatis mutandis. Provided that the amount of compensation (for damages) to be paid by us, on any grounds whatsoever, shall never exceed the total of the fees (excluding VAT) actually paid by the Client to us based on the Assignment, with a maximum of €25,000.00 (twenty-five thousand euros).

5.5. We exclude liability for indirect damages, including but not limited to consequential damages, business interruption, lost profits, lost savings, reduced goodwill, damage due to business interruption, damage resulting from third-party claims, and reputational damage.

6. Applicability

6.1. The provisions in these terms and conditions that, by their nature or scope, are intended to continue to apply after the end of the Assignment, are and will remain in effect even after the termination of the Assignment, to the extent required with the Client's consent.

6.2. If any provision of these terms and conditions proves to be invalid or unenforceable, that

invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions of these terms and conditions, the Assignment, and/or the General Terms and Conditions.

6.3. In the event of any conflict between the provisions in these terms and conditions and the Assignment and/or our General Terms and Conditions, the provisions in these terms and conditions shall prevail.