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Terms and Conditions for use of our website |
1 Our contract
Please read these terms and conditions carefully since they contain information about your rights and obligations, as well as warranty and liability limitations that may apply to you. All services are delivered subject to acceptance by placing a payment or having a payment done by a support representative. When accepting a service you also accept and agree to these terms and conditions.
2 Price and payment
The price payable for the services is as set out on our website at the time you request our service. All prices are shown in Euro and include VAT when applicable at the applicable current rates. We reserve the right to change the price due to market conditions but will confirm the prevailing price with you before accepting the service request. We are not obliged to accept your service request and may decline it or limit the service rendered.
Service is not delivered before receiving payment or acceptance of the credit card payment.
3 Delivery and title
We will deliver the services after a request is placed during a maximum duration of 6 months after service request acceptance and will allow 5 contacts with respect to a specific service request or less if a request is considered solved by you and closed by our representative. After having delivered or while delivering the service consequences of this service shall be at your risk. Improper use of equipment we service will not be part of the service delivered. Any following request caused by improper use or caused by not following our directions have to be paid on contact basis. One such request will entitle you to one contact only. Should the support activities for a request caused by improper use or not following our directions go beyond what can be covered by the regular fee we will make separate arrangements for this type of support if possible and requested by you.
4 Availability
Service requests will be handled based on availability of representatives. Please be aware that in some cases we may not have any available representatives. We will endeavor to minimize these cases as much as possible.
5 Cancellation and returns
When a service request is made and accepted cancellation is not possible. This is due to the fact that each service is custom made and once delivered we cannot take our service back. If you can prove that the service delivered is absolutely below standard you might be entitled to a refund or a new service request. Please check in case of a return our RMA shipping conditions as mentioned on the web site. Any risk of loss and title for a returned or replaced item passes upon you when the item is in your possession or delivered to the carrier. We are only liable for the risk of loss if the item is at our site and an RMA has been accepted and has been entered in our systems.
6 Liability
6.1 We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the service delivered and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
6.2 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
6.3 Subject to Section 6.1 above we will use reasonable endeavors to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the web site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the web site and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the site.
6.4 Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in Section 4 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law. Subject to Section 6.1 above we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: -economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or -loss of goodwill or reputation; or -special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
6.5. Notwithstanding the above, subject to Section 6.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the service(s) in respect of one incident or series of incidents attributable to the same clause.
6.6 We will take all reasonable precautions to keep the details of your service request and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
7 Intellectual Property
7.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
7.2. You acknowledge and agree that the material and content contained within this web site is made available for your use only and that you may only download such material and content for the purpose that is intended for using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8 Limited Companies - Guarantee
Persons making on line payments on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
9 Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of any obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods or services to you.
10 Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods or services supplied or delivered hereunder that is caused by any event or circumstances beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
11 General
11.1. If any part of these Legal Terms and Conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. All our offers, agreements and the execution thereof shall be governed exclusively by Dutch Law.
11.2. To provide increased value to our customers, we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked web site we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable directly or indirectly for (i) the privacy practices of such websites (ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such web sites or resources or (iii) the use to which others make of these web sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external web sites or resources.
11.3. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.
11.4. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of our rights or obligations under these terms and conditions or any related contract to any third party.
11.5 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of our company.
11.6 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and us relating to the use of this web site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this website.
11.7 We reserve the right to change these Legal Terms and Conditions at any time. Any such changes will take effect when posted on the web site (see date at the top) and it is your responsibility to read the Legal Terms and Conditions on each occasion you use this web site and your continued use of the web site shall signify your acceptance to be bound by the latest terms and conditions.
11.8 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this web site.
11.9 Certain web site services will require registration and subsequent access to those services will be subject to an approved login name and password (?Password Details?). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.
12 Age limit
Everyone is welcome to visit the Site. However, if you want to enter a contest or buy anything on line, you must register. In order to register, you must be at least 16 years old or receive your parent's or guardians written consent.
13 On line conduct
Listed below are some, but not all, violations that may result in termination of your access to the Site:
- Publish content that is illegal, obscene, or libelous.
- Harass, threaten, embarrass, or interfere with another user in any unwanted way.
- Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, sexually explicit, obscene, defamatory, or objectionable.
- Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
- Attempt to get another user's password.
- Publish any advertising or promotional material.
- Upload a virus or other harmful component.
- Interrupt or attempt to interrupt the Site. We reserve the right to remove content at any time, including but not limited to, any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Site.
We recommend that you print out a copy of these legal terms and conditions for your future reference.
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