Terms and conditions
ARTICLE 1. DEFINITIONS
1.1. another view is registered with the Chamber of Commerce under file number 71312099.
1.2. Client: the natural or legal person who has concluded an agreement with another view.
1.3. ‘General Terms and Conditions’ means: the entirety of the provisions as included below.
ARTICLE 2. APPLICABILITY / IMPLEMENTATION
2.1. These General Terms and Conditions apply to all offers, agreements and deliveries of another view, unless expressly agreed otherwise in writing.
2.2. Orders must be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees to the contractor commencing the execution of the assignment, the content of the quotation will be deemed to have been agreed. Further oral agreements and stipulations only bind the contractor after they have been confirmed in writing by the contractor.
2.3. If the Client includes provisions or conditions in its assignment that deviate from, or do not appear in, these conditions, these are only binding for another view if and insofar as they have been expressly accepted in writing by another view.
2.4. another view is entitled to engage third parties in the execution of its agreements.
2.5. If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation must be assessed according to the form of these general terms and conditions.
2.6. If the client does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that another view would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. .
ARTICLE 3. OBLIGATIONS ANOTHER VIEW
3.1. Insofar as not agreed otherwise in writing, another view guarantees that the assignment given to it has been carried out to the best of its ability, with due care and professionalism.
ARTICLE 4. OBLIGATIONS OF THE CLIENT
4.1. The material supplied by the Client to another view consists of immediately usable text and images in a common file format, unless otherwise agreed in writing between another view and the client.
4.2. By supplying material to another view, the client declares that all the material provided by the client to another view is free of rights of third parties, or that the client has permission from the entitled party(ies) to have the material used by another view at the execution of the command.
ARTICLE 5. OFFERS
5.1. All quotations are without obligation unless expressly stated otherwise.
5.2. If it turns out that the information provided by the client with the application or agreement was incorrect, another view has the right to adjust the prices accordingly.
5.3. Quotations from another view are valid for the term indicated in the quotation. If no term is specified, the quotation is valid for 30 days after the date on which the quotation was issued.
ARTICLE 6. PRICES
6.1. All prices are exclusive of turnover tax (VAT) and other levies imposed by the government. The prices stated in a quotation or invoice are exclusive of VAT and other government levies.
6.2. All prices on the website, quotations and other documents of another view are subject to typing errors. No liability is accepted for the consequences of self-made typing errors.
6.3. A composite quotation does not oblige another view to perform part of the order for a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
6.4. another view has the right to have certain activities performed by third parties.
6.5. another view is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
6.6. If there are unexpected shipping costs due to the delivery of products, we will charge you for this.
ARTICLE 7. DELIVERY TIME
7.1. Deadline specified by another view for completing the work activities, is indicative, unless otherwise agreed in writing.
7.2. Exceeding agreed delivery times, for whatever reason, does not entitle to compensation, unless agreed otherwise in writing.
ARTICLE 8. CHANGE ASSIGNMENT
8.1. All changes to the assignment, either on behalf of the client, or as a result of the fact that a different execution is necessary due to any circumstances whatsoever, will be regarded as additional work if there are several costs associated with it and, insofar as this results in fewer costs, as less work. These will be invoiced accordingly to the client.
8.2. If another view, due to circumstances unknown at the time of the offer or the order confirmation, has to perform more work than agreed, or has to perform work under circumstances more difficult than it was aware of when entering into the agreement, another view is entitled to the resulting multiple charge costs to the client. If the client cannot agree with the additional costs concerned, he has the right to cancel the part of the assignment that has not yet been carried out.
8.3. Without being in default, another view can refuse a request to amend the agreement if this could have a qualitative and/or quantitative effect, for example for the work to be performed or the goods to be delivered in that context.
8.4. If the Client cancels a placed order in whole or in part, the items ordered or prepared for this, plus any supply, removal and delivery costs thereof and the working time reserved for the implementation of the agreement, will be charged to the Client in full. .
ARTICLE 9. DRAFT PUBLICATION
9.1. Parties will specify in writing which publication will be developed. another view will carry out the development with care on the basis of the data to be provided by the Client, the correctness, completeness and consistency of which the client guarantees.
9.2. another view is entitled, but not obliged, to investigate the correctness, completeness or consistency of the data or specifications made available to it and, if any imperfections are found, to suspend the agreed work until the client has removed the relevant imperfections.
ARTICLE 10. RETENTION OF TITLE AND RIGHTS
10.1. As long as the client has not made full payment for the entire agreed amount, all delivered goods remain the property of another view.
10.2. In the event that the client does not fulfill any obligations under the agreement towards another view, another view is entitled to take back the delivered goods without any notice of default, in which case the agreement is dissolved without judicial intervention, without prejudice to the right of another view to compensation for damage. , lost profit and interest.
10.3. another view reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations. another view has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the Other Party is disclosed to third parties.
10.4. Unless agreed otherwise, all intellectual property rights arising from the assignment, such as: patent rights, design rights and copyright, belong to another view.
10.5. Unless otherwise agreed, the assignment does not include conducting research into the existence of rights, such as patent rights, trademark rights, design rights, copyrights or portrait rights of third parties.
10.6. Unless otherwise agreed, the working drawings, illustrations, prototypes, designs, design sketches, source files, and other materials or files created by another view within the framework of the assignment remain the property of another view, regardless of whether they are given to the client or to third parties. have been made available.
ARTICLE 11. PAYMENT TERMS
11.1 Client must pay the invoices issued by another view by transfer. Payment of the invoices must be made in advance, at most 14 days after the invoice has been issued, unless otherwise agreed in writing. After the expiration of 14 days after the invoice date, the client who does not pay on time, without notice of default being required, is legally in default.
11.2. All costs arising from the agreement with the client due to another view will be borne by the client.
11.3. In the event of late payment, the client is, in addition to the amount due and the interest accrued thereon, obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
11.4. The claim for payment is immediately due and payable in the event that the client is declared bankrupt, applies for a suspension of payment or a complete attachment is levied on the client’s assets, the client dies and furthermore, if it goes into liquidation or is dissolved.
11.5. In the above cases, another view also has the right to terminate or suspend the agreement or the part thereof that has not yet been performed, without notice of default or judicial intervention, without prejudice to the right to demand compensation from another view for any damage it may suffer as a result.< /p>
11.6. Objections to the amount of an invoice do not suspend the payment obligation.
ARTICLE 12. LIABILITY
12.1. another view accepts legal obligations for damages insofar as this article shows.
12.2. The total liability of another view due to attributable shortcoming in the fulfillment of the agreement is limited to compensation for direct damage up to the amount of the price stipulated for that agreement (excluding VAT). However, in no case will the total compensation for direct damage exceed 200 Euro.
12.3. Another view’s liability for indirect damage, including consequential damage, lost profit, lost savings, loss of (company) data and damage due to business interruption, is excluded.
12.4. Apart from the cases mentioned in Article 15.2, another view has no liability for damages, regardless of the grounds on which an action for damages would be based. However, the maximum amounts referred to in Article 15.2 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of another view
12.5. The liability of another view due to an attributable shortcoming in the fulfillment of an agreement only arises if the client immediately and properly declares another view in default in writing, stating a reasonable term to remedy the shortcoming, and another view is also attributable in the fulfillment after that period. falls short of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that another view is able to respond adequately.
12.6. A condition for the existence of any right to compensation is always that the client reports the damage to another view in writing as soon as possible after it has arisen.
12.7. The client indemnifies another view against all third-party claims for liability as a result of a defect in a product or system supplied by the client to a third party and which also consisted of goods, materials or results delivered by another view, subject to submission insofar as the client proves that the damage was caused by those items, materials or results.
ARTICLE 13. FORCE MAJEURE
13.1. In the event of force majeure, which in any case includes internal disturbances, a pandemic, mobilization, war, transport disruption, strike, lockout, business disruptions, stagnation in supply, fire, flood, import and export restrictions and in the event that another view is not enabled to deliver by its own suppliers, regardless of the reason, so that fulfillment of the agreement cannot reasonably be expected from another view, the performance of the agreement will be suspended or the agreement will be terminated, all without any obligation to pay damages.
ARTICLE 14. CONFIDENTIALITY
14.1. The parties undertake to observe secrecy regarding all confidential information they receive about the other party’s company. The parties also impose this obligation on their employees as well as on third parties engaged by them for the implementation of the agreement between the party and.
14.2. Information is in any case considered confidential if it has been designated as such by one of the parties.
ARTICLE 15. AMENDMENTS AV
15.1. another view reserves the right to change or supplement these conditions.
15.2. Changes also apply to agreements already concluded, with due observance of a period of 30 days after the announcement of the change on the Another View website or by electronic notification. Changes of minor importance can be made at any time.
15.3. If the client does not want to accept a change in these terms and conditions, it can dissolve the agreement until the date on which the new terms and conditions come into effect, or on the date of receipt of the cancellation if this date is after the effective date of the change.
ARTICLE 16. FINAL PROVISIONS
16.1. Dutch law applies to the agreement.
16.2. Changes in management or legal form do not affect the agreement. 16.3. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the agreement will be submitted to the competent Dutch court.
16.4. Partial nullity: If a provision of the agreement and/or the General Terms and Conditions proves to be null and void, this will not affect the validity of the entire agreement/General Terms and Conditions. The parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original agreement/General Terms and Conditions as far as legally possible.
CONTACT If you have any questions, complaints or comments about these Terms and Conditions after reading the Terms and Conditions, please feel free to contact us in writing or by e-mail: info@joinanotherview.nl.