General 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 entered into an agreement with another view.
1.3. “General Terms and Conditions” means the entirety of the provisions as set forth below.
ARTICLE 2. APPLICABILITY/IMPLEMENTATION
2.1. All offers, agreements and deliveries of another view are subject to these General Terms and Conditions, unless otherwise expressly agreed in writing.
2.2. Assignments must be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees to the contractor commencing to perform the order, then the contents of the quotation shall be deemed agreed upon. Further oral agreements and stipulations shall not bind the contractor until confirmed in writing by the contractor.
2.3. If the Client includes provisions or conditions in its order that differ from, or do not appear in, these terms and conditions, these are binding on another view only if and to the extent that they have been expressly accepted in writing by another view.
2.4. another view is entitled to engage third parties in the performance of its agreements.
2.5. If a situation arises between the parties that is not regulated by these general terms and conditions, such situation should be judged according to the form of these general terms and conditions.
2.6. If the client does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that another view would to any extent lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
ARTICLE 3. OBLIGATIONS ANOTHER VIEW
3.1. Unless otherwise agreed in writing, another view guarantees that the assignment given to it has been performed to the best of its ability under the application of sufficient care and skill.
ARTICLE 4. CLIENT OBLIGATIONS
4.1. The material provided by Client to another view shall consist of readily usable text and images in a common file format, unless otherwise agreed in writing between another view and Client.
4.2. Client declares by submitting material to another view, that all material provided by client to another view is free of third party rights, or that client has permission from the rights holder(s) to have the material used by another view in the execution of the assignment.
ARTICLE 5. OFFERTES
5.1. All quotations are without obligation unless otherwise expressly stated.
5.2. If it turns out that the information provided by the client at the time of application or agreement was incorrect another view has the right to adjust the prices accordingly.
5.3. Quotes from another view are valid for the period specified in the quote. If no deadline is specified, the quotation is valid for 30 days from the date the quotation is issued.
ARTICLE 6. PRICES
6.1. All prices are exclusive of sales tax (VAT) and other government levies. The prices stated in an offer 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 typographical errors. No liability will be accepted for the consequences of typographical errors of our own making.
6.3. A composite quotation does not oblige another view to perform part of the assignment at 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 work performed by third parties.
6.5. another view is entitled to execute the agreement in several phases and to invoice the part thus executed separately.
6.6. If unexpected shipping costs related to product delivery are added, we will charge you.
ARTICLE 7. DELIVERY
7.1. Deadlines specified by another view, for completing the work, are indicative, unless otherwise agreed in writing.
7.2. Exceeding agreed delivery times due to any cause whatsoever shall not entitle to compensation unless otherwise agreed in writing.
ARTICLE 8. CHANGE OF ASSIGNMENT
8.1. All changes in the order, whether at the instruction of the client or as a result of the fact that by whatever circumstances another execution is necessary, shall be considered as additional work if they involve more costs and insofar as they involve less costs as less work. These will be invoiced to the client accordingly.
8.2. If another view, due to circumstances unknown at the time of the quotation or order confirmation, has to perform more work than agreed upon, or has to perform work under circumstances more difficult than he was aware of at the time of entering into the agreement, another view shall be entitled to charge the client for the resulting additional costs. If the client cannot agree with the additional costs involved, he has the right to cancel the part of the order not yet executed.
8.3. Without being in default, another view can refuse a request to change the agreement if this could have qualitative and / or quantitative consequences, for example, for the work to be performed or goods to be delivered in that context.
8.4. If the Client cancels all or part of an order that has been placed, the items ordered or prepared for it, plus any supply and delivery costs thereof and the labor time reserved for the execution of the agreement, shall be charged in full to the Client.
ARTICLE 9. DRAFTS OF PUBLICATION
9.1. The parties will specify in writing which publication will be developed. another view will perform the development with care based on the data to be provided by Client, for the accuracy, completeness and consistency of which Client vouches.
9.2. another view shall be entitled, but not obliged, to examine the accuracy, completeness or consistency of the data or specifications provided to it and, if any imperfections are found, to suspend the agreed work until the client has eliminated the imperfections in question.
ARTICLE 10. RETENTION OF TITLE AND RIGHTS
10.1. As long as Client has not made full payment on the entire agreed amount, all goods delivered shall remain the property of another view.
10.2. In case client does not comply with any obligations from 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 any judicial intervention, without prejudice to the right of another view to compensation for damages, lost profits and interest.
10.3. another view reserves its rights and powers under the Copyright Act and other intellectual laws and regulations. another view has the right to use the knowledge gained by the execution of an agreement on its side also for other purposes, as long as no strictly confidential information of the Other Party is brought to the knowledge of third parties.
10.4. Unless otherwise agreed, 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, work drawings, illustrations, prototypes, designs, design sketches, source files, and other materials or files created by another view within the scope of the assignment shall remain the property of another view, regardless of whether they have been made available to the client or to third parties.
ARTICLE 11. PAYMENT TERMS
11.1 Client must pay the bills issued by another view by bank transfer. Payment of bills must be made in advance, no more than 14 days after the bill is issued, unless otherwise agreed in writing. After the expiration of 14 days from the invoice date, client who fails to pay on time, without notice of default being required, shall be in default by operation of law.
11.2. All costs arising from the agreement with the client by another view shall be borne by the client.
11.3. In the event of late payment, in addition to the amount owed and the interest accrued thereon, Client shall be liable for full compensation of both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.
11.4. The claim for payment shall be immediately due and payable in the event that Client is declared bankrupt, applies for a moratorium or a general attachment is levied on Client’s assets, Client dies and furthermore, if Client goes into liquidation or is dissolved.
11.5. In the above cases another view shall further have the right to terminate or suspend the agreement or the not yet executed part thereof without notice of default or judicial intervention, without prejudice to another view’s right to claim compensation for any damage that may arise for it as a result.
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 to pay damages to the extent shown in this article.
12.2. Another View’s total liability for attributable failure to fulfill the agreement is limited to compensation for direct damages up to the amount of the price stipulated for that agreement (excluding VAT). However, in no case shall the total compensation for direct damages exceed 200 Euro.
12.3. Liability of another view for indirect damages, including consequential damages, lost profits, missed savings, loss of (business) data and damages due to business interruption, is excluded.
12.4. Outside the cases mentioned in article 15.2, another view shall not be liable for any damages, regardless of the ground on which an action for damages would be based. However, the maximum amounts mentioned in Article 15.2 shall cease to apply if and to the extent that the damage is the result of intent or gross negligence on the part of another view
12.5. The liability of another view for attributable shortcomings in the fulfillment of an agreement only arises if the client gives another view immediately and properly notice of default in writing, setting a reasonable term for clearing the shortcoming, and another view continues to fail attributably in the fulfillment of its obligations even after that term. The notice of default should contain as detailed a description of the shortcoming as possible, so that another view is able to respond adequately.
12.6. A condition for the creation of any right to compensation is always that the client reports the damage in writing to another view as soon as possible after it occurs.
12.7. Client shall indemnify another view against all third party claims for liability resulting from a defect in a product or system supplied by client to a third party that consisted in part of items, materials or results supplied by another view, except filing insofar as client proves that the damage was caused by those items, materials or results.
ARTICLE 13. OVERVIEW
13.1. In case of force majeure, among which in any case is understood domestic riots, a pandemic, mobilization, war, traffic jams, strikes, lock-outs, company disturbances, stagnation in supply, fire, floods, import and export obstructions and in case another view is not able to deliver by its own suppliers, irrespective of the reason, is not able to deliver, as a result of which compliance with the agreement cannot reasonably be required from another view, the execution of the agreement shall be suspended, or the agreement shall be terminated, all without any obligation to pay damages.
ARTICLE 14. WITHDRAWAL
14.1. The parties undertake to maintain confidentiality regarding all confidential information received about the other party’s business. The parties also impose this obligation on their employees as well as on third parties engaged by them in the execution of the agreement between the parties.
14.2. Information shall in any case be considered confidential if it is designated as such by either party.
ARTICLE 15. CHANGES AV
15.1. another view reserves the right to amend or supplement these terms and conditions.
15.2. Amendments shall also apply with respect to already concluded agreements subject to a period of 30 days after the announcement of the amendment on the website another view or by electronic notification. Changes of minor importance may be made at any time.
15.3. If the client does not wish to accept a change in these terms and conditions, he may, until the date on which the new terms and conditions come into force, terminate the contract by this date or on the date of receipt of the notice of termination if it is after the effective date of the change.
ARTICLE 16. FINAL PROVISIONS
16.1. The agreement is governed by Dutch law.
16.2. Change in management or legal form do not affect the agreement. 16.3. To the extent not otherwise prescribed by the rules of 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 any provision of the Agreement and/or the General Terms and Conditions is found to be null and void, this shall not affect the validity of the entire Agreement/General Terms and Conditions. The parties shall determine (a) new provision(s) by way of replacement, which will give shape to the intention of the original agreement/General Terms and Conditions as much as legally possible.
CONTACT If, after reading the Terms and Conditions, you have any questions complaints or comments about these Terms and Conditions, please feel free to contact us in writing or by email: info@joinanotherview.nl.