Terms of Service

Acceptance of Terms

Welcome to fluxharbor. These Terms of Service ("Terms") govern your use of our website fluxharbor.pro and our property leasing services provided by fluxharbor B.V., a company registered in the Netherlands (Registration Number: NL26473819).

By accessing our website, using our services, or engaging with fluxharbor in any capacity, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Company Information

These services are provided by:

Description of Services

fluxharbor provides professional property leasing and management services, including but not limited to:

• Residential property leasing and rental services
• Commercial property leasing and rental services
• Property management and maintenance coordination
• Tenant screening and application processing
• Property marketing and advertising
• Lease agreement preparation and management
• Property consultation and advisory services

All services are provided in accordance with Dutch law and regulations governing property leasing and management.

User Obligations

When using our services, you agree to:

• Provide accurate, complete, and current information
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes
• Comply with all applicable laws and regulations
• Respect the rights of other users and third parties
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to any part of our services
• Not use our services to transmit harmful, offensive, or illegal content

Rental Applications and Tenancy

If you apply for rental properties through our services, you additionally agree to:

• Provide truthful and accurate information in all applications
• Submit required documentation promptly
• Comply with all lease terms and conditions if your application is accepted
• Maintain the property in good condition
• Pay rent and other charges as agreed
• Notify us promptly of any issues or required maintenance

Fees and Payment Terms

Our fees for services are as agreed in individual service contracts or as published on our website. Payment terms include:

• All fees are quoted in Euros (EUR) and include VAT where applicable
• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payment may result in interest charges and service suspension
• Refunds are provided only as specified in individual service agreements
• We reserve the right to modify our fees with reasonable notice

For rental properties, security deposits and rent payments are governed by the specific lease agreement and Dutch tenancy law.

Intellectual Property

All content on our website and in our services, including but not limited to text, graphics, logos, images, software, and design elements, is the property of fluxharbor or our licensors and is protected by Dutch and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of our content without our prior written consent, except as permitted by law or as expressly authorised by these Terms.

The fluxharbor name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of fluxharbor B.V. You may not use such marks without our prior written permission.

Any feedback, comments, or suggestions you provide regarding our services may be used by fluxharbor without restriction or compensation.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with the General Data Protection Regulation (GDPR) and Dutch data protection laws.

For questions about our privacy practices, please contact us at privacy@fluxharbor.pro.

Limitation of Liability

To the maximum extent permitted by Dutch law, fluxharbor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our services
• Any unauthorised access to or use of our servers and/or personal information
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, trojan horses, or similar harmful code
• Any errors or omissions in content or for any loss or damage incurred as a result of the use of any content
• The conduct or content of any third party on our services

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you to fluxharbor in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Dutch law.

Indemnification

You agree to defend, indemnify, and hold harmless fluxharbor, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third party rights
• Any content you submit or transmit through our services
• Your negligent or wrongful conduct

This indemnification obligation will survive the termination of these Terms and your use of our services.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Dutch law.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Dutch courts, with the courts of Breda having primary jurisdiction for matters related to our services.

Before initiating formal legal proceedings, we encourage you to contact us directly to resolve any disputes amicably.

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent, abusive, or harmful behaviour
• Prolonged inactivity
• Technical or security reasons

You may terminate your use of our services at any time by ceasing to use our website and services and, where applicable, closing your account.

Upon termination, your right to use our services will cease immediately. However, provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, indemnity, limitations of liability, and governing law.

Termination of these Terms does not affect any ongoing lease agreements or property management contracts, which remain governed by their specific terms.

Force Majeure

fluxharbor shall not be liable for any failure or delay in performance under these Terms which is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

In such events, we will use reasonable efforts to resume normal service as soon as possible and will notify you of any significant delays.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be deleted from these Terms.

The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and fluxharbor regarding your use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

No modification of these Terms shall be effective unless made in writing and signed by an authorised representative of fluxharbor.

Contact Information

If you have any questions about these Terms of Service, please contact us: