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Unafix terms and conditions

Below you can download our full set of terms, or view a summarized abstract thereof for quick reference.

General terms and conditions

Our full set of GT&C for your perusal and a brief abstract below for quick reference.

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We simplify terms & conditions as well

Contracts are our thing. Below our General Terms and Conditions, with some practical, easier to comprehend explanatory notes on the side. 

General Terms & Conditions

Most recent update: 01-05-2021

Thanks for choosing Unafix. These General Terms & Conditions (“Terms”) cover your use and access to the products, services, software, platform and websites (collectively, “Services”) provided by Unafix B.V. By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Any statement set forth under the headings “In other words” are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

You must be the legal age of majority in your country and state of residence or otherwise able to form a binding contract with Unafix in order to use the Services. 

In other words

By using Unafix, you agree to our General Terms & Conditions. You also need to be an adult, as defined by the country where you live. 

1. Free trials, renewals, paid accounts, discounts

Unafix makes available a trial offer for the limited use of the Services to new customers. If you choose to start a Trial Offer, you agree that we may suspend service at any time. We’ll never upgrade your free plan to a paid plan without your explicit consent. Instead, if you are on a free plan and your free trial expires, your free plan will be either terminated and you will no longer be able to use the service or we’ll prolong your free plan. Please contact us for a quote or to hear more about our prices. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.

Unafix offers monthly and annual subscriptions, which you can cancel monthly or annually respectively. Invoicing will be monthly or annually respectively. Paid accounts will be auto-renewed, unless you cancel your subscription no later than 2 weeks before the renewal date. 

To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, Unafix will store and update (e.g. upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current billing information on file with Unafix.

Unafix has several partnership programs with maritime Underwriters and insurance brokers through which you may be eligible to receive certain benefits. If we have such a partnership program in place with your underwriters, it is in their discretion to decide which of their insured are eligible to receive a benefit, under which circumstances, for how long, etc. Participants to our partnership programs may upgrade, downgrade, or terminate their partnership memberships which may affect positively or negatively what we bill you. We will, in such cases, endeavor to inform you as soon possible, for instance through your account billing page or through e-mail.

In other words

When you sign up for a free trial, you’ll have basic access to the service for a limited time. Free plas are never upgraded to a paid plan without your consent. Paid accounts are renewed automatically at the end of their renewal date. You can cancel anytime up to two weeks before your renewal date. 

2. Refunds

We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department through our contact page immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services.

When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Unafix experience. All refund requests must be made within 30 days of purchase. If you wish to cancel an annual membership, you may apply to receive a prorated refund for the remaining time which has not been used. Unless there are compelling reasons to decide otherwise, refunds for services used wholly or in part are not given. 

In other words

We gladly offer refunds for billing mistakes. Refunds for paid accounts may be possible, but never for already used services. 

3. Membership Downgrade

To downgrade or cancel your membership, please contact our support team through any of the means listed on our contact page.

Please note that if you fail to provide a payment on time, Unafix reserves the right to downgrade or cancel your membership without prior notice. 

Downgrading your Membership from any paid plan to a free plan or cancelling it, whether it is done by yourself or by Unafix, will result in you no longer being able to access or use the Services. 

In other words

You can downgrade your account at any time. If you stop paying for your account, we may downgrade it for you.

4. The Unafix Fixture Note Generator is a maritime oriented, legal self-help tool

The Unafix Standard Form Fixture Generator is a legal self-help tool that provides standard wording contract clauses and recommendations for you to consider, and if you approve of the wording, use in a contract. The information provided by Unafix along with the content on our website related to legal matters (“Legal Information”) is provided for your private considerations and does not constitute legal advice. We do not review any information you provide for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of clauses, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with a licensed attorney, your P&I Club, FD&D Underwriters or legal counsel. Neither Unafix nor any Legal Information provided by Unafix is a substitute for legal advice from any of the parties listed above. As Unafix is not a law firm, please note that communications between you and Unafix may not be protected as privileged communications under the attorney-client privilege or work product doctrine.

Your use of the Services does not create an attorney-client relationship between you and Unafix, or between you and any Unafix employee or representative.

In other words

Unafix does not provide legal advice — only a licensed attorney can do that. Any recommendations given on any part of the Unafix website, is merely for your consideration.

4a. Legal counselling

Unafix may offer legal counselling services if this is included in your membership plan. These services will be provided by or under the supervision of an Unafix in-house legal counsel for the duration as agreed in your membership plan, which states the hours of legal services per month. Unused hours are not carried over to the next month. When you exceed the monthly hour limit as per your membership plan, Unafix will notify you thereof stating that continuation of the legal services may be proceeded if you so wish at an hourly rate of EUR 130,- exclusive of 21% VAT. Unafix will never continue service at a paid rate without your written consent.
The legal services shall consist of drawing up opinions relating to the use of the Unafix Fixture Generator and to clarify questions relating to legal issues that may arise when you use the Unafix Fixture Generator. Questions relating to manual edits exceed the scope of this service but may be included at Unafix’ discretion. Unafix bears no liability for services rendered pursuant to this clause.

In other words

If legal counselling services are included in your plan, these will be provided by our in-house counsel. If the amount of hours spent exceed your plan, you may choose to continue using our counselling services at a predetermined rate.

5. Termination of Membership and Access Restriction

Unafix reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others’ use of the Services.

If Unafix elects to terminate your account, Unafix will provide you with notice at your registered email address. Unafix also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Unafix will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.

In other words

Unafix has the right to downgrade or cancel your account at any time. This is a very rare occurrence, and would only happen if you were violating the terms, breaking the law, or otherwise misusing the service.

6. Ownership and Preservation of Your Documents

Unafix does not claim ownership of any documents you either create or upload and store using our Services (“Documents”). You grant permission for Unafix to use your Documents in connection with providing Services to you.

You acknowledge and agree that Unafix may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Unafix, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Unafix has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

In other words

The documents you create and store on our website belong to you. We won’t share them, unless we have to abide by requests from for instance law enforcement. 

7. Consent to receive e-mails

By creating an account, you agree that you may receive communications from Unafix, including newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

In other words

Unafix may send you emails, from which you can unsubscribe.

8. No Unlawful or Prohibited Use

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Unafix to access or use our website or Services. By using our Services, you accept sole responsibility that your use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Unafix reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

  • Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Unafix their sole discretion;

You may not hack, “scrape” or “crawl” Unafix.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Unafix has not intentionally made available to you on its website via purchased subscription. Your use of the Unafix website does not entitle you to resell any Unafix content without prior express written consent from Unafix.

In other words

If for any reason it would be illegal for you to use Unafix services, you agree not to do so. 

9. License grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Unafix user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Unafix. You may not copy the content of Unafix’ forms or agreements for use or sale outside of Unafix. Any rights not expressly granted in these Terms are reserved by Unafix.

Resale or unauthorized distribution of materials downloaded from the Unafix website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Unafix.

Distribution of the documents you have created on Unafix is authorized when this this distribution is customary for fixture notes, such as:

  • Distribution to your contractual counterpart or, in the event you act as a freight broker, the parties to the contract; 
  • Distribution to your Underwriters such as your P&I Club, FD&D or H&M Underwriters, legal representatives etc.;
  • Distribution to any Court, Tribunal or Mediator for the purposes of settling disputes or otherwise;
  • Distribution to any party that requires a copy of the document for the purposes of executing the contract.

In other words

As long as you follow our terms, you’re welcome to use all Unafix services in the manner intended. The documents you create are yours for the customary use of Fixture notes, but you can’t sell or give away the Unafix template or the forms you used through Unafix to create them.

10. Intellectual Property Rights

Unafix retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

  1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;

  2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or

  3. circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Unafix B.V. All rights reserved.

Unafix.com is a trademark of Unafix B.V. These and any other Unafix product or service names or slogans displayed on Unafix products are trademarks of Unafix B.V. You may not copy, imitate or use them, in whole or in part, without our prior written consent.

Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Unafix’ trademarks displayed on our website. 

In other words

The Unafix logo, software, trademarks, products, and services belong to us. You agree not to copy or sell any of our intellectual property.

11.Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, documents, contracts, fixture notes and services made available through Unafix may include (legal) inaccuracies or typographical errors. Unafix and/or its suppliers may at any time make improvements or changes to our Services. Information received via Unafix should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk. Unafix is never a party to any contract concluded using the Unafix Standard Form Fixture Generator. 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNAFIX MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UNAFIX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT UNAFIX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

UNAFIX’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF €500 OR THE AMOUNT PAID BY YOU TO UNAFIX FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION, WHICHEVER THE LOWER.

In other words

While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk. Please don’t make important legal decisions without consulting a professional.

12. Release and Indemnity

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Unafix and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold Unafix and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

In other words

Unafix is not responsible for anything that happens as a result of your use of Unafix, violating someone else’s rights, or a third-party claim.

13. Dispute Resolution, Applicable law and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Service Department through any of the means listed on our contact page.

However, if Unafix is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through litigation before the Courts of the Netherlands, or any other location as to which we may then mutually agree. These terms and any legal relationship between you and Unafix shall be governed by Dutch law. You expressly consent to choice of law, venue and personal jurisdiction of the courts therein.

A customer seeking litigation must first send to the other, by certified mail, a written notice of dispute.

Any notice to Unafix should be addressed to Unafix B.V., Schildweg 16, 9979XR, Eemshaven, The Netherlands, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in Unafix’ records of account or, alternative thereto, such other legal address as Unafix is able to identify.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations or litigations aren’t allowed.

Notwithstanding our agreement to litigate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

  • Unafix may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services;

  • Unafix may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement;

Unafix may, in the future, make changes to these provisions regarding dispute resolution by providing notice in accordance with the section of these Terms entitled “Modifications” below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Unafix B.V., Schildweg 16, 9979XR, Eemshaven, The Netherlands, Attention: General Counsel.

In other words

If you have a problem with Unafix and customer service can’t help, you may progress your matter before the Courts of the Netherlands with Dutch law to apply in any such matter. 

14. Entire Agreement

These Terms constitute the entire agreement between you and Unafix with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

In other words

No other GT&C are applicable between you and Unafix. 

15. Waiver, Severability and Assignment

Unafix’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Unafix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

In other words

If for some reason Unafix can’t or doesn’t enforce part of these terms, they may do so later and the rest of the terms will still be valid.

16. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). If there is discrepancy between the downloadable version and the written version on our Terms page, the downloadable version shall prevail. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

In other words

These GT&C are not cast in stone. We may change them, and the most recent version will be on our website. 

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