Terms of delivery

  • General Terms and Conditions
  • Terms of Service Voice Over Generator

 

Article 1 – Identity of Voicebooking.com B.V.

These are the general  supply conditions of Voicebooking.com BV, whose registered office is at Krijn Taconiskade 286, 1087 HW Amsterdam.

Telephone number: +31 (0)20 774 7323

Office hours: Monday to Friday from 9:30 – 17:30 hours

E-mail address: [email protected]

Chamber of Commerce number: 64486206

VAT number: NL855686315B01

Article 2 – Applicability

The provisions of these supply conditions of Voicebooking.com B.V. are applicable to all offers and quotations of Voicebooking.com B.V. and to all agreements concluded between Voicebooking.com B.V. and a client in relation to the supply of services and/or products by Voicebooking.com B.V., unless otherwise is agreed in writing.

Article 3 – Offers

Quoted prices and specified delivery times can be revoked at any time if Voicebooking.com B.V. was not able to inspect/listen to the complete script to be recorded, the translated text, or the audio to be processed, or if unforeseen circumstances arise. Quoted prices and deadlines can also be revoked if the activities to be carried out by Voicebooking.com B.V. differ from that which was initially specified by the client.

Article 4 – Agreement

4.1 The agreement is concluded at the time of acceptance by the client of the offer and the fulfilment of the conditions set for such.

4.2 If the client has accepted the offer electronically, Voicebooking.com B.V. shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the client can withdraw its acceptance.

4.3 If the formation of the agreement takes place by electronic means of communication, Voicebooking.com B.V. will take the appropriate technical and organisational measures to protect the electronic transfer of data, and it will be responsible for providing a secure web environment. If the client wants to make payment electronically, Voicebooking.com B.V. will undertake the appropriate security measures for such.

4.4 Voicebooking.com B.V. may investigate, within the statutory limitations, whether the client can meet its payment obligations and investigate all facts and factors that are important for the responsible conclusion of a distance agreement. If Voicebooking.com B.V. has sound reasons for not entering into the agreement on the basis of this investigation, it is entitled to refuse an order or request for these reasons or to attach special conditions to the performance of the agreement.

4.5 The client is obligated to only use the productions that fall under the agreement for the agreed purpose. If the client uses the productions for any other purpose, Voicebooking.com B.V. shall have the right to institute a subsequent claim in accordance with the applicable rates of Voicebooking.com B.V.

Article 5 – Rates

5.1 Voicebooking.com B.V. shall charge the standard prices for productions up to 10 minutes in length for web video/corporate films, eLearnings, voice-mails, as well as for regional and national radio and TV commercials, unless otherwise is specified. The client is fully aware that Voicebooking.com B.V. is at all times dependent on its voice talent in this respect. Voicebooking.com B.V. shall do its utmost, and using the necessary expertise, to try and negotiate the best possible price. However, the price quotation of the voice talent is at all times leading.

5.2 All the prices listed in the offer of products or services are exclusive of VAT.

5.3 Prices are based on recording in the sound studio of the voice talent, unless stated otherwise. Other prices will apply for recording on location by the voice talent.

5.4 The prices are based on a recording per script and per production type. In the event several scripts have to be recorded for a single project by the same voice talent, Voicebooking.com B.V. reserves the right to ask for a price quotation from the relevant voice talent.

Article 6 – Delivery and/or completion periods

6.1 Any specified delivery/completion periods shall at no time be considered as fixed and final deadlines, unless otherwise has explicitly been agreed. If a delivery/completion period is exceeded, the client must issue Voicebooking.com B.V. with a notice of default in writing. The delivery/completion periods are set in the expectation that there shall be no obstacles for Voicebooking.com B.V. in supplying the productions or undertaking the activities in question. For the recording of productions up to 10 minutes in length, Voicebooking.com B.V. applies a supply period 1 working day.

6.2 If the productions ordered by the client are not accepted by the client after the expiry of the delivery/completion period, these productions shall be stored at its disposal for its account and risk.

6.3 Any specified delivery/completion periods will only commence after the designated voice talent is confirmed as being available, and this has been confirmed to the client.

6.4 A voice talent is at all times entitled to refuse a production without having to give a valid reason for such.

Article 7 – Obligations of the client

The client shall undertake everything reasonably necessary or desirable to make a timely and adequate performance of the supply of an order by Voicebooking.com B.V. possible, and provide its full cooperation with such, including the issuing of all relevant instructions immediately upon the commencement of the order or at the first possible opportunity, and provide all the necessary and/of relevant audio files, correct scripts, accompanying documentation, audio guides, and tone-of-voice in the online briefing system of Voicebooking.com B.V. The client is fully liable for all delay expenses and contract extras if it wholly or partially fails in the fulfilment of the above obligations.

Article 8 – Quality

8.1 Minor abnormalities in voice sound, recording level, time intervals, etc., shall not constitute grounds for rejection.

8.2 Text and/or instructions of a client will be carried out in accordance with the designated copy or written assignment.

8.3 In the event of a re-take, both for tone-of-voice and script rewrites, the audio may sound different from the original. For re-takes for the tone-of-voice, every attempt will be made by Voicebooking.com B.V. and the voice talent to supply the same quality audio as the original audio. Voicebooking.com B.V. cannot totally guarantee that the audio will sound exactly the same as the original audio.

Article 9 – Supplied productions

9.1 The supplied audio will be recorded in the sound studio of the relevant voice talent. Voicebooking.com B.V. is obligated to do its utmost to provide the best quality audio.

9.2 The client has 30 days after the completion of the production to request a re-take of the briefed tone-of-voice from Voicebooking.com B.V. free of charge. Voicebooking.com B.V. must be notified in writing or by e-mail if the briefed tone-of-voice in the production does not satisfy the requirements. After the expiry of the aforementioned period of 30 days, the production shall be deemed to have been accepted by the client and/or Voicebooking.com B.V. reserves the right after this to charge the client a reduced tariff for the recording of a re-take for the tone-of-voice. After a period of three months, Voicebooking.com B.V. reserves the right to treat any re-take is a new project, and the normal rates will be charged for this.

9.3 If when a recording session in the sound studio of the voice talent takes place the client is present remotely by way of a Creative Control session, then the entitlement to a re-take for the tone-of-voice free of charge will be cancelled. The re-take for the tone-of-voice free of charge will also be cancelled if the voice talent makes the recording on location and not in his or her own sound studio.

9.4 Changes to the briefed tone-of-voice, which result in higher costs, will be charged on to the client. This will also be the case if auditions or casting sessions are carried out by Voicebooking.com B.V.

9.5 Unless otherwise is agreed, Voicebooking.com B.V. will supply raw audio to the client. In other words, audio of the voice-over without any processing, where you can hear breathing, clicks, pops, etc.

9.6 Voice-overs with a length of less than 10 minutes can be supplied within 24 hours. Voicebooking.com B.V. can supply edit mixes and masters of the productions in further consultation with the client.

Article 10 – Change of the order

10.1 Changes made to the original order, of any nature whatsoever (thus also in the text, in the method of recording or choice of voice, tone-of-voices), which are notified in writing or verbally by or on behalf of the client, which lead to higher costs than those that could have been taken into consideration for the calculation of the prices in the quotation, shall be charged extra to the client. The client is aware that a new recording session will entail additional costs in the event of a change to the order. A recording on location will cost more than a recording in the sound studio of the voice talent.

10.2 Any changes subsequently required in the execution of the order by the client after it has been issued must be notified to Voicebooking.com B.V. by the client in a timely fashion in writing. If the changes are notified verbally, then the risk for the execution of the changes shall be for the account of the client.

10.3 Changes made to the definitive form by the client can have the consequence that the supply period agreed for the changes might be exceeded by Voicebooking.com B.V.

10.4 In the event of a cancellation of the order by the client, any costs incurred by Voicebooking.com B.V. shall be recovered from the client.

Article 11 – Cost of delivery

The delivery shall take place in a way determined by Voicebooking.com B.V. If the client wishes to receive the delivery in a different way, for example by rush or express delivery, then any additional costs associated with such will be for its account.

Article 12 – Complaints

12.1 The client is obligated to carry out a thorough inspection of the work and/or the productions for faults immediately after the delivery/completion, and if such are discovered to inform Voicebooking.com B.V. immediately of such in writing.

12.2 If the client does not inform Voicebooking.com B.V. of any faults within 30 days after the date of supply and/or completion, which could have been identified during a thorough inspection, then the client shall be deemed to have accepted that which has been purchased in the condition it was in when it was supplied or completed, and any entitlement to a complaint shall expire.

12.3 Voicebooking.com B.V. must be given the opportunity to investigate any complaints submitted. In the event of concurrence, then a written statement will be drawn up that must be signed by both parties.

12.4 In the event of a dispute, Voicebooking.com B.V. must at all times be given the opportunity to resolve the dispute before any compensation or cancellation can take place.

12.5 If a complaint is found to be valid in the opinion of Voicebooking.com B.V., Voicebooking.com B.V. shall either pay fair compensation up to a maximum amount of the invoice value for the productions supplied, or replace the productions supplied, after they have been returned in the original condition, free of charge.

Article 13 – Retention of title

13.1 As long as Voicebooking.com B.V. has not received payment in full for the execution of work or a purchase/sale under an agreement between the parties, the productions supplied will remain the property of Voicebooking.com B.V.

13.2 Voicebooking.com B.V. has the right to demand the return of these productions and to take repossession of such if the client fails to fulfil its obligations, if it is liquidated, applies for or is granted a suspension of payments, is declared bankrupt, or an attachment is imposed on the productions.

13.3 The client is prohibited from undertaking any act of disposal in relation to the productions sold or supplied as long as it has not fulfilled all of its payment obligations.

Article 14 – Liability

14.1 The liability of Voicebooking.com B.V. is at all times limited to a maximum of the invoice value, excluding VAT, of the part of the agreement the liability arises out of. The aforementioned liability includes any statutory liability for its personnel and third parties engaged by it, for financial damages and immaterial damages, including consequential damages, which are proven to be attributable to Voicebooking.com B.V.

14.2 Voicebooking.com B.V. is not liable for any additional costs that have been incurred by the client outside of the agreement, such as the hiring of an extra editor.

14.3 The client has full responsibility for the accuracy of any material to be provided. Voicebooking.com B.V. is not liable for any ambiguity or incompleteness of audio guides, videos, or data that have been made available, and/or any instructions that have been issued, in the broadest sense of the word, by the client. The client moreover declares that the use of the items made available during the execution of the order will not infringe any intellectual property rights of third parties or violate any other rights, and it shall indemnify Voicebooking.com B.V. against all claims of third parties on such grounds.

14.4 The assessment of the question of whether or not the use of the text to be spoken or the audio supplied by Voicebooking.com B.V., or the processing of such, entails such risks will be entirely for the account and risk of the client. The client shall indemnify Voicebooking.com B.V. against all claims of third parties that arise out of the use of that which has been supplied.

14.5 Voicebooking.com B.V. is not liable for damage to the property of participants or the client. Moreover, Voicebooking.com B.V. is not liable for any damage or loss of the documents and information made available in connection with the execution of the agreement.

Article 15 – Intellectual property rights

15.1 Voicebooking.com B.V. reserves all intellectual property rights on the drafts, text, text and voice proposals, etc., issued by Voicebooking.com B.V. The reproduction, publication, or copying of such shall only be permitted with the express written permission of Voicebooking.com B.V.

15.2 The client can only use the product supplied by Voicebooking.com B.V. for a different type of production or for a new project if it pays financial compensation, the amount of which shall be set in consultation with Voicebooking.com B.V.

15.3 If the client acts in breach of that provided for under paragraphs 1, 2, and 4 of this article, it shall owe Voicebooking.com B.V. a fine of EUR 5,000 for each such act, without prejudice to the right of Voicebooking.com to claim full compensation for damages.

15.4 If the client wishes recordings of performances of musical works or other sounds made available by the client to be used by Voicebooking.com B.V. during its work, then the client guarantees that it has the necessary copyrights or other rights pertaining to such.

15.5 The client shall indemnify Voicebooking.com B.V. against all claims of third parties in relation to payment of the performance and/or mechanical reproduction royalties owed in relation to the musical works or recordings of musical works used by the client.

15.6 Moreover the client shall indemnify Voicebooking.com B.V. against all claims instituted by third parties due to the exercising by Voicebooking.com B.V. of the intellectual property rights made available to it by the client. The client shall compensate Voicebooking.com B.V. for all damages (such to include legal fees and court costs) which Voicebooking.com B.V. suffers on account of these claims.

Article 16 – Payment

16.1 Unless otherwise has expressly been agreed in writing, the invoices must be paid in advance. Voicebooking.com B.V. reserves the right to only initiate a production/briefing after it has received payment or when the client can produce proof of payment.

16.2 The client has an obligation to report any errors in the payment details issued or specified immediately to Voicebooking.com B.V.

16.3 In the event of non-payment by the client, notwithstanding statutory limitations, Voicebooking.com B.V. has the right to charge the client for all reasonable costs that have been notified to the client beforehand.

16.4 If (in an exceptional case) payment after delivery/completion has been agreed in writing, payment must be made by the client within 30 days after the invoice date. The payment must be made in euros, and by credit transfer to the bank account designated by Voicebooking.com B.V. Objections concerning the work or the amount of the submitted invoices shall not suspend the payment obligations of the client.

16.5 If the deadline referred to in 16.4 is exceeded, the client shall be legally in breach of contract after it has been issued with at least one demand for payment to be made within a certain period. In that case, the client shall owe the statutory (commercial) interest on the amount owed as of the date on which the amount owed is due for payment up until the date of payment in full. Furthermore, all debt collection costs, both judicial and extrajudicial, incurred after the client is in breach shall be for the account of the client. The extrajudicial costs shall be set at 15 % of the principal plus interest, without prejudice to the right of Voicebooking.com B.V. to claim the actual extrajudicial debt collection costs that exceed this amount. The judicial costs shall comprise the total amount of the costs incurred by Voicebooking.com B.V., even if this exceeds the statutory liquidation rate.

Article 17 – Other provisions

These terms and conditions are governed by Dutch law. Any disputes between the client and Voicebooking.com B.V. shall be submitted to the court competent to hear such in Amsterdam.

Privacy Policy

Personal information

At Voicebooking.com we are dedicated to create a safe and enjoyable shopping experience

What are Cookies?

Cookies are very small text files that are stored on your device’s hard drive when you visit websites. We use first-party cookies and third-party cookies for the main purposes of; web functionality, web statistics and advertising.

Why do we use cookies?

Some cookies are vital in order for the website to function properly. The cookies keep track of your settings and make your shopping experience more convenient by e.g. recognizing your device and remembering your preferences and settings.

Cookies are also used to collect usage data such as duration of session, pages viewed, if a transaction was made or demographic data such as origin, gender and age. This information is used for analytical purposes and enables us to create the best shopping experience for you. The cookies we use do not collect any information that can be used to track or identify individuals.

What information do we collect?

We collect information you provide us with when creating an account, signing up for our newsletter or when making a purchase. This information could be your name, address, contact information, etcetera. The cookies may collect session information such as pages viewed, session duration, transactions made and demographics such as origin, gender and age.

Third-parties

The information we collect may be shared with our close partners for analytical purposes. No personal information will be passed forward, traded or published beyond our organization and our trusted partners. You have the right to request access to your data and if anything is incorrect you can change or remove it.

You can disable any already stored cookies on your computer by changing your browser settings for cookies, you can also use opt-out programs such as “NAI’s Consumer opt-out” or “Google Analytics opt-out browser add-on” in order to prevent cookies from being used, please keep in mind that these settings may stop our website from functioning properly.

Updates
Our Privacy Policy may change from time to time, all updates will be posted on this page.

The text was last updated March 9 2016.

 

Terms of service Voicebooking.com BV

Voicebooking provides automated voices for commercial purposes in the broadest possible sense all around the world (the “Voice Over”). These Terms of Service apply to Voicebooking’s tool the Voice Over Generator (the “Service”). The Service allows you to create Voice Over’s any type of project, using all kinds of features such as different languages, types of voices, speed and pitch. You fill in the text for the Voice Over (the “Content”), apply different features and the Service provides you with the Voice Over.

“Voicebooking” means Voicebooking.com B.V., with its main office at Krijn Taconiskade 286, 1087 HW Amsterdam, the Netherlands, registered at the Dutch Chamber of Commerce under number 64486206.

1. Applicability and amendments

1.1 These Terms of Service represent an agreement between Voicebooking.com B.V. (“Voicebooking”, “we”, “us” or “our”) and you (“you” and “your”) when you use Voicebooking’s Service and features as described in these Terms of Service. By signing up for the Service you enter into an agreement with Voicebooking and accept these terms on the first occasion that you use Voicebooking and create your user account.

1.2 These Terms of Service supersede any and all prior oral and written quotations, terms, communication, agreements and understandings between you and Voicebooking. 

1.3 Voicebooking reserves the right to amend the Terms of Service from time to time. By continuing to use the Service you accept any change made to the Terms of Service. In case of material changes regarding the Service you have already paid for, you will be informed prior to the change when you use our Service and have the opportunity to cancel your subscription before the change enters into force. What constitutes a material change will be determined at our sole discretion. We will update the ‘version date’ at the top of our Terms of Service in case we make changes to the Terms of Service.

2. Account and registration 

2.1 To use our Service you must register for an account and provide us with your details such as your full name, email address, possible company name and a password. When you create an account with Voicebooking, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. 

2.2 If you are under the age of 18, you need permission of your legal guardian to create an account with Voicebooking. When accepting these Terms of Service, you guarantee that you have permission from you legal guardian to do so. 

2.3 You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.4 You shall always provide correct information and use your own and correct identity. Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Service in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. 

3. Voice Over Generator

3.1 The Service allows you to upload Content. With different features it is possible to create the Voice Over of your choosing, such as language, type of voice, speed and pitch. 

3.2 Voicebooking provides the possibility to upload Content to a maximum total capacity. 

3.3 Voicebooking may change, terminate or expand the Service from time to time and reserves the right to limit access to or eliminate any features or functionality of the Service in our discretion.

4. Payment terms and subscription

4.1 The Service is provided on the basis of a monthly or yearly subscription, depending on the chosen subscription. Remuneration and any other charges you may incur in connection with your use of the Service will be charged by monthly or yearly direct debit.

4.2 Voicebooking reserves the right at any time to adjust the fee for the Service.

4.3 If you use a paid subscription of the Service, the initial subscription term starts once the fees due have been paid in full. 

4.4 The payment method can be altered in the account settings of the Service.

4.5 Voicebooking reserves the right to suspend or cancel the Service to you if payment is not successfully settled, for example in case of insufficient funds, expiration of credit cards, changed payment details or otherwise.  

4.6 The subscription period will be renewed automatically for the selected subscription period if you have not cancelled your subscription at least before the last day of your subscription. 

4.7 In case of cancellation on your part, you will continue to have access to the Service until the end of your paid subscription period. You do not have any right to reimbursement of (part of) the subscription fee, unless local mandatory consumer law obliges to do so. 

4.8 Upon cancellation or if payment is not successfully settled, your account will be deactivated after the end of your subscription period. You will then not have access to your personal data and any Content stored using our Service. You can reactivate your account in your account settings within four weeks after deactivation. Your subscription will then be renewed as from the day of reactivation. 

4.9 In the event you do not reactivate your subscription within the term as set out in clause 4.8, any of your Content stored using our Service and any of your information may have been automatically and permanently deleted. 

5. Use of Service

5.1 Voicebooking does not claim any ownership of the uploaded Content by you. 

5.2 By using our Service you guarantee that you have all required permissions regarding the Content, including from copyright and other intellectual property right holders, to use and share the Content. You grant Voicebooking the right to store and distribute the Content in relation to the performance of the Service to you.

5.3 You are fully and solely responsible for any Content you use for the Service. We may sometimes review the Content to determine whether it is illegal or violates our policies or the Terms of Service, and we may remove or refuse to display Content. Your access to the Service may be restricted, limited, or filtered in accordance with applicable law, regulations and policies.

6. Restrictions and violation 

6.1 Voicebooking has the right to remove any Content uploaded or shared by you if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable or otherwise in violation of our Terms of Service. You are liable for any Content uploaded by you. 

6.2 You agree not to, and not to allow third parties to use the Service for the following:

  1. to violate, or encourage the violation of, the legal rights of others;
  2. to engage in, promote, facilitate or encourage illegal activities;

iii. for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);

  1. to disable, interfere with or circumvent any aspect of the Service;
  2. to interfere with the use of the Service, or the equipment used to provide the Service, by customers, or other authorized users;
  3. to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations.

7. Termination 

7.1 You may stop using our Service at any time with or without notice. 

7.2 Voicebooking may terminate or suspend your account on the Service and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and including, without limitation, in case of breach of any of the provisions in the Terms of Service and in case of inaccurate, incomplete, or obsolete information in your account.

7.3 All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights provisions, warranties, disclaimers, indemnity and limitations of liability.

8. Confidentiality 

8.1 The Content shared by you by using our Service is treated confidentially. Other users of the Service do not have access to the Content you provide and/or upload for the use of the Service. 

8.2 Voicebooking will not look into your Content used for our Service, unless this is necessary and in line with our privacy policy and/or these Terms of Service. 

9. Intellectual property rights 

9.1 All intellectual property rights and/or similar rights to (content and design of) Voicebooking’s website and the Service, including, but not limited to, copyright, trademark rights, patent rights, neighboring rights, performance protection rights, database rights, informational and/or commercial products, know-how, data files or other (preparatory) materials used within the Service, are vested in Voicebooking or its licensors.

9.2 If you upload, import or share Content to the Service, you grant Voicebooking a royalty-free right to use and display the Content for purposes of delivering the Service.

9.3 You are not allowed to: 

(a) copy, modify, or create a derivative work of the Service; 

(b) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any/or all of the source code of the Service (except to the extent such restriction is expressly prohibited by applicable law); 

(c) sell, resell, sublicense, transfer, or distribute the Service.

9.4 You will always respect and observe the good name and reputation of Voicebooking and ensure that the use of the Voicebooking websites and the Service will in no way prejudice any rights and/or the good name and reputation of Voicebooking and its licensors.

9.5 You may state publicly that you are a Voicebooking customer and display our brand features. We may use your name and brand features in online and offline promotion of the Service. 

10. Privacy

10.1 For the use of personal data and cookies in relation to the Service our privacy policy applies. You can find it here.   

11. Disclaimer 

11.1 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or performance.

11.2 Neither we nor our subsidiaries, affiliates, and our and/or their licensors do not warrant that 

  1. the Service will function uninterrupted, secure or available at any particular time or location; 
  2. any errors or defects will be corrected; 

iii. the Service is free of viruses or other harmful components; or 

  1. the results of using the Service will meet your requirements.

12. Liability, indemnity and warranty

12.1 Voicebooking is not liable for any claims related to the Content or your access of the Service. In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from 

  1. your access to or use of or inability to access or use the Service; 
  2. any conduct or content of any third party on the Service; 

iii. any content obtained from the Service; and 

  1. unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12.2 To the extent permitted by law, the total liability of Voicebooking and its suppliers, for any claim under these Terms of Service, including for any implied warranties, is limited to the amount you paid us to use the Service.

12.3 You agree to defend, indemnify and hold us, our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs (also relating to any third-party allegations) or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of 

  1. your (mis)use and access of the Service, by you or any person using your account and password; 
  2. a breach of these Terms of Service; or 

iii. Content posted and/or uploaded on the Service.

12.4 You represent and warrant that: 

  1. the Content is yours and/or you have the right to use it and to grant us the rights as provided in these Terms of Service; and 
  2. that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right, but do not have an obligation, to monitor and edit all Content you provide.

13. Miscellaneous

13.1 If any part of these Terms of Service is invalid, illegal or unenforceable, the rest of the Terms of Service will remain in effect. In such a case Voicebooking shall replace the invalid or unenforceable term(s), condition(s) or provision(s) with term(s), condition(s) or provision(s) that are binding yet deviating as little as possible from the invalid or unenforceable term(s), condition(s) or provision(s), also having regard to the purpose and scope of these Terms of Service.

13.2 All of our rights and obligations under our Terms of Service are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms of Service will continue to govern your relationship with such third-party. 

13.3 You will not transfer any of your rights or obligations under our Terms of Service to anyone else without our prior written consent.

13.4 If we fail to enforce any of our Terms, it will not be considered a waiver.

  1. Governing law and dispute resolution

14.1 These Terms of Service are governed only by the laws of the Netherlands. 

14.2 All disputes arising out or in connection with these Terms of Service shall be referred exclusively to the competent court of Amsterdam, unless otherwise provided by a mandatory statutory provision.

15. Contact 

15.1 Please consult our Frequently Asked Question or contact us at [email protected] in case you have any questions.