Article 1 – Definitions
- In these general conditions the subsequent terms in de following meaning will be used, unless something different is indicated:
- TechConnect B.V., located at Sittard, address of the office Vijverweg 23, 6133 AR Sittard, Netherlands, registered at the commercial register of the Chamber of Commerce situated in Sittard.
- Client: every person or company who/which comes to terms with TechConnect with regard to the services and products named in these general conditions.
- Software-development: developing a set of orders which fully can be pointed out as computer software as well as accomplishing all additional work, at the outside meaning of the word.
- User name: a unique name / code, which is given by TechConnect. This name/code gives access to Services together with “Password” (Wachtwoord) which will be handed out by TechConnect.
- Password: a secret code which exists from numbers, letters and/or other punctuation marks, by prefer a combination of the above, in first instance given by TechConnect and as a rule changed by the Client. Together with the username this will give you access to the Services of TechConnect.
- E-mail address: address which is registered at TechConnect which is the unique and electronic postal address of the Client at which the User name, Password as well as remaining announcements will be sent to and with which electronical messages can be exchanged.
- Internet Protocol address: a unique code of numbers which will be given by TechConnect to the Client. This address remains TechConnect’s possession.
- Software: software and data storage media which are placed at the disposal of the Client and which give access to the Internet.
- ADSL (Asymmetric Digital Subscriber Line) also DSL IP: a technique based on the ATM-protocol for high speed Internet traffic (data transport) at data- and/or telecommunication web which make it possible to use broad band services.
- Network outlet: the finishing point of the existing telecommunication web which is used to unite peripheral devices with the provisions which are necessary to provide access to the Internet and to use broad band services.
- Peripheral device: devices which are destined to be included at a network outlet directlyor indirectly, on behalf of transfer,processing or receive-only service.
- Telecommunication web: devices and other technical means which realize and if necessary rotate through signals between network outlets, cables, radio short waves, optical means or other electromagnetic means at the outside meaning of the word.
- Provisions: parts of the telecommunication web, like cables, device and network outlets which will be used to access the Internet as well as ADSL.
- Conditions: these general conditions which are integral part of every agreement between TechConnect and a Client.
- Services: services for Clients which are provided by TechConnect at TechConnect’s technical infrastructure which exists from (1) granting access to the Siteconnect server, (2) the possibility of receiving and sending e-mails to an e-mail address (3) software development and (5) domain name registration.
- Registration: realization of an appeal form or an order form, by letter or online, at the TechConnect’s website and by doing that accepting these conditions.
- Acceptance: acceptation by TechConnect of the (registration of the) Client.
- Domain name: a unique name attached (or not) to a website and registered at a Client’s name.
- Registration of the domain name: registration of a certain name followed by an extension at the account on behalf of the Client.
- Fair Use Policy: guideline(s) for the Client about the maximum use of data traffic, disc space and/or Internet tax and the TechConnect network. The(se) guideline(s) are determined specifically at services on which they are applied.
- Rules of behavior: the general accepted rules of behavior on the internet which are written down in RFC 1855 (netiquette) (www.nlip.nl) and its future application.
- SiteConnect: the package of software which allows the Client to develop his/her own website.
- Website: a sequence of electronically pages set up like a brochure.
Article 2 – In general
- These conditions apply to every offer and agreement which TechConnect provides services and/or items from every kind of nature, even when these services and/or items are not specifically specified in these conditions.
By letter means, a registered letter with a form for acknowledgment of receipt. By letter never means by e-mail or any other way of communication.
- These conditions are also applied to all agreements with the Client aboutthe implementation on which TechConnect involves Third Parties.
- All TechConnect’s offers are without engagement unless this is explicitly mentioned in the offer.
- When a condition is declared null and void or has been destroyed, other conditions of these specifications will remain in force. In consultation with the Client, TechConnect will edit new conditions as a replacement of the conditions which are declared null and void or which have been destroyed. The goal and inclination of the conditions which are declared null and void or which have been destroyed will be lived up to.
Article 3 – Offers and proposals
- All TechConnect’s offers are without engagement unless a period of time of acceptance is mentioned in the offer.
- All TechConnect’s offers are without engagement; they are valid during thirty (30) days, unless otherwise is mentioned. TechConnect is only committed to proposals on condition that the Client has uphold the acceptance within thirty (30) days, unless otherwise is mentioned.
- The prices of the mentioned offers and proposals are written in Euro’s. Turnover tax and other governmental taxes are not included as well as costs which are fit in the Agreement which include forwarding-charges and administration costs unless otherwise is mentioned. Costs which result from copyright of any texts, sounds or other footage are not recorded in offers, proposals and agreements.
- A composed offer does not obligate TechConnect to accomplish part of the assignment in compliance with part of the stated price.
Article 4 – Realization of the Agreement
- An Agreement between TechConnect and the Client will be realized after listing and accepting / confirming this listing by TechConnect. The confirmation has to define the agreement in the precise manner unless objection by letter will be made within seven (7) days.
- A Client can register through filling in the application form or the order sheet. Automatically by doing this the Client accepts these Conditions which will be sent to the Client or which well be referred to on the internet site of TechConnect. (www.techconnect.nl)
- TechConnect has the right to deny a Client by its motivating reasons. TechConnect is not obliged to give a statement concerning the reason of denial.
- After realization of an Agreement between TechConnect and its Client, TechConnect will provide the Client of a password and user name if necessary.
- The user name in combination with the password are considered to be the Clients electronically signature, the electronically identification and the electronically authentication to access the Services of the offered products by TechConnect.
- The rights on account of the Agreement cannot be assigned to Third Parties by the Client.
Article 5 – Execution of the Agreement
- TechConnect will accomplish the Agreement to its fullest comprehension, ability and in accordance with the demands of expertise.
- To make sure that the agreement will be accomplished as agreed, TechConnect has got the right to sub-contract Third Parties.
- The Client will make sure that all the information, which TechConnect has pointed out as necessary and which the Client has to understand that these are necessary to execute the Agreement, will be delivered at TechConnect on time. If the necessary information has not been delivered to TechConnect before execution, TechConnect has the right to postpone or delay the execution. The costs resulting from this delay will be charged from the Client according to the customary rate.
- When there is decided that the Agreement will be executed in stages, TechConnect has got the right to postpone parts which belong to other stages until Clients approve by letter or pay the results of the preliminary stage. The payment will be the acceptation in accordance with the assignment which is executed.
- If TechConnect or Third Parties which have been sub-contracted are asked to come to a Client’s location or a location pointed out by the Client, the Client has to take care of the needs of the employees within reason.
- The client safe guards TechConnect against any claims of Third Parties, which will lead to damage in connection with the execution of the Agreement and which will be accountable to the Client.
Article 6 – Changing the agreement
- When the Client wishes to add information, supplies or adjustments during the execution of the Agreement, TechConnect has the right to decide to charge this extra information, supplies or adjustments from the Client. However, TechConnect is not obligated to co-operate and has the right to realize a new Agreement for this extra information, supplies or adjustments.
- If it shows that during the execution of the Agreement, it is necessary to change or add information that will lead to a better result, both TechConnect and the Client will adjust the Agreement in time and in consultation with each other.
- If both TechConnect and the Client agree to change or add information to the Agreement, these can influence the completion of the execution. TechConnect will post the Client as soon as possible. In the case of subsection 6.1 the Client accepts that by wishing to add information, supplies or adjustments, the time of realization and/or continuing the activities and/or mutual responsibilities can be influenced.
- If the change and/or addition will have financial and/or qualitative consequences then TechConnect will inform the Client in advance.
- If a fixed price is being agreed, TechConnect will point out when the change and/or addition will lead to exceeding the fixed price.
- Contrary to subsection 6.4 TechConnect will not charge extra costs if the change and/or addition is the exclusive result of its own conditions.
Article 7 – Duration of the Agreement
- The Agreement will be made for over a period of time which has been decided by TechConnect and the Client, in the absence thereof the Agreement will be applied for forty-eight (48) months.
- If within the duration of the Agreement before the completion of certain activities a term has been agreed, then this will never be the definitive term. The Client should hold TechConnect liable if the completion deadline is exceeded.
- The duration of the Agreement will be continued silently by the duration of the original Agreement unless the Client or TechConnect terminates the Agreement by letter due observance of a term of notice of two (2) months before the end of the concerning period.
Article 8 – Prices and rates
- The Client has to pay reimbursements to TechConnect for the services and/or the products which have been bought according to the fixed prices and/or rates which have been laid down. These rates can consist of an amount which has to be paid once and/or an amount which has to be paid periodically. Every price is written in Euro’s. Turnover tax and other governmental taxes are not included as well as costs which are fit in the Agreement which include forwarding-charges and administration costs unless otherwise is mentioned.
- TechConnect is authorized to raise the prices and rates of its products and services with a six (6) week notion given to the Client. Deduction from the prices and/or rates will be carried through immediately. TechConnect is authorized to change the prices and/or rates twice within a calendar year, except for fixed prices which have been agreed with the Client.
- Nevertheless, TechConnect is authorized to raise the fixed price and/or fixed hourly rate even if a fixed price and/or fixed hourly rate is agreed with the Client. TechConnect is allowed to recharge inflation of the prices, if TechConnect can justify there has been significant inflation of prices with regard to wages between the offer and delivery.
Above all TechConnect is authorized to raise a price and/or rate if, during the execution of the activities, it turns out that the original estimated amount of work has been underestimated during the contract of the Agreement and which is not eligible to TechConnect. In all plausibility there cannot be expected from TechConnect that it will accomplish activities opposite the agreed fixed price.
- TechConnect will announce the intention to raise the fixed price and/or (hourly) rate to the Client by letter. TechConnect will mention the size of the raise and the date of the raise. When the raise of the price and/or rate is more than 15%, the Client is entitled to end the Agreement by letter within seven (7) days after the named date of TechConnect on which the price and/or rate will be adjusted.
Article 9 – Payment
- The Client is obligated, by means of electric funds transfer, to fulfill the payments of services made by TechConnect by advance payment as of every quarter of a year, as of the period of a year, as of the period of two years or as of a period further determined by TechConnect. The payments of services of TechConnect are indebted as of the date which will be announced by TechConnect and on which the Services are ready for operation. If the production will be interfered because of the fact that TechConnect or a Third Party are not being allowed to access the location of a peripheral device and/or telecommunication network, the payments will be indebted from the date on which production would have started if there would have been enough access. Only TechConnect can decide this.
- Every month supplier will send the client an invoice and a detailed revenue report on request. 14 days following the invoice date client has the right to dispute the invoice. The terms of payment of non-disputable invoices is 30 days following the invoice date.
- The accounts, which have been sent by TechConnect, have to be paid within thirty (30) days (if electric funds transfer is out of the question) unless otherwise is agreed distinctively. Raising objections against the amount of the accounts do not postpone the Client’s obligation to pay. The Client is not allowed to compensate or deduct the amount which the Client owes to TechConnect.
- If the Client fails to pay the receivable amount within the agreed period or within a period of fourteen (14) days, the Client is by law en without further formal notice in neglect. The Client owes an interest of 1% a month, unless the legal interest as meant in articles 6:119 BW or 6:119a BW is more than this legal interest. The interest of the demanding amount will be calculated from the moment that the Client is in neglect until the moment of compliance with the full amount.
- In case of liquidation, bankruptcy, distrainment, extension of payment or if necessary an application of a declaration by law on debt repayment, TechConnect is authorized to claim the rights immediately.
- TechConnect has the right to extend the payments, which have been fulfilled by the client, firstly by deducting the costs, subsequently by deducting the post becoming interest and finally by deducting the capital sum and the current interest.
TechConnect is authorized to reject a payment offer, without getting into neglect, when the Client points out a different ascertainment rank. TechConnect is authorized to refuse the redemption of the capital sum, if the Client does not meet the post becoming interest and the current interest.
- If the Client is in default or in neglect with regard to the payment obligations (in time), TechConnect can bank the claim from Third Parties, in which case the Client owes TechConnect the indebted total amount as well as the total amount of costs which have been made during this period of time and the amount which TechConnect has to made to collect the indebting amount. At all events, in case of debt receivable, the Client owes TechConnect the costs of collection, which will be stated at 15% of the total indebted amount.
- Any judicial or implementation costs, caused by TechConnect, will be entirely for account of the Client.
- If the Client still stays in default with regard to his/her payment obligations towards TechConnect, after he/she is informed by TechConnect by letter in which a new period of fulfillment of thirty (30) days is agreed, then TechConnect is authorized to decommission the access to TechConnect’s Services.
- TechConnect keeps unassailable the right to turn agreements with its Clients to account by means of pledging with Third Parties. TechConnect will use the services of Leasenet Nederland BV
Article 10 – Resignation of the Agreement
- The Agreement can be discontinued exclusively by letter, following the terms of article 7.1 holding a term of notice of two (2) months into account. Intermediate resignation is not possible unless assignments are once only because of their origin or if this is explicitly agreed otherwise.
- The resignation is exclusively in time if it reaches TechConnect on time, meaning two (2) months before the end of the period mentioned in article 7.1.
Article 11 – Adjournment and dissolution of the Agreement
- TechConnect is authorized to adjourn the fulfillment if its obligations starting immediately or to dissolute the Agreement starting immediately, without legal intervention, if:
- The Client does not or partly follow his/her obligations which are mentioned in the Agreement(s);
- After closing the Agreement TechConnect has got a reason to fear that the Client will not follow its obligations. In case there is a reason to fear that the Client will not follow its obligations, the adjournment of the Agreement is allowed if this is justified.
- The Client has been requested, during the contract of the Agreement, to assure TechConnect that the Client will follow its obligations and this certainty fails to occur or is insufficient. As soon as there is certainty, the authority to adjournment will be declined unless this certainty has been delayed.
- In case of liquidation, bankruptcy, distrainment, extension of payment or if necessary an application of a declaration by law on debt repayment, the Client’s loss of legal incapacity and/or the capacity to contract with regard to his/her ability or parts of it, TechConnect is authorized to postpone her obligations, stated in the Agreement, immediately without legal intervention. TechConnect will allow a curator a reasonable period of 7 days within the curator has show that the estate will follow the Agreement. In default of that, TechConnect is authorized to end the Agreement immediately without being or becoming liable to compensation.
- TechConnect is authorized to adjourn the Agreement if circumstances come across which cause postponing or delay of the Agreement.
- The Client has the right to end the Agreement with TechConnect in the mean time if TechConnect does not live up to its obligations which are stated in the Agreement with the Client or which result from these conditions. Before ending the Agreement, the Client has to inform TechConnect by letter in which the default has to be stated, in which a reasonable period of time is agreed to correct the default and TechConnect did not correct the default within the agreed period of time.
- When the Agreement has been resolved then TechConnect is authorized to resolve the rights from the Client immediately. When TechConnect postpones her obligations, she will keep her claims with the law, the Agreement and the Conditions.
- TechConnect keeps the right to claim reimbursement from the Client.
- By cancellation of the Agreement(s) TechConnect will inform the Client on what date the Agreement(s) will be cancelled. After the date of cancellation the Client’s space will be removed from the Internet, the access codes will be blocked and the domain name will be abolished. TechConnect will co-operate with the domain name until the date of cancellation if only the Client has followed the obligations towards TechConnect. After the date of cancellation, all results and costs which result from (usage of) the website and the domain name, will be for account and at the risk of the Client.
Article 12 – Liability
- TechConnect is not further liable for anything which is not mentioned in this article in the context of realization or accomplishment of the Agreement.
- The liability of TechConnect, due to attributable shortcoming during the fulfillment of the Agreement, is only caused by the Client who puts TechConnect in noticeand with which the Client puts up a reasonable term of purification for TechConnect and TechConnect still fails the fulfillment after this period of time. The Client is authorized to let TechConnect check her activities until the neglect has been recovered. If there still are any shortcomings, TechConnect has the right to restore the remaining and/or supplemental shortcomings by means of a formal notice. The Client has to report the damage right after the existence of it by letter to TechConnect, this is the only condition needed for the right of reimbursement.
- Liability of TechConnect is explicitly out of the question in case of indirect damage. Indirect damage includes ensuing damage, lost profit, missed savings and damage as a result of company stagnation.
- Transferring, respectively, digital and/or electromagnetic storage of data by means of cables, radio short waves, optical means or other electromagnetic means takes risks with it regarding to maintenance and protection of this data. TechConnect cannot be held liable for damage resulting from deterioration, disturbance, disappearance, transformation and publishing of the data which has been stored up digitally and/or electromagnetically or which will be transferred by cables, radio short waves, optical means or other electromagnetic means. Although TechConnect will do its upmost to prevent this.
- Liability of TechConnect towards damage of Third Parties is alienated.The Client safeguards TechConnect against all claims of Third Parties on account of damages with which the liability of TechConnect towards the Client is impossible and also in particular damage resulting from: inexpertly use/ false installation of – providing with incorrect/illegal information and/or pictures on – the Internet site, respectively being guilty of offences by posting or sending information by the Client, employees of the Client and/or Third Parties; break in and/or granting access without the Client’s permissionor the permission of TechConnect – computer programs/internet sites by Third Parties (hacking); insulting and otherwise violating the rights of Third Parties.
- Every liability concerning TechConnect’s damage concerning withdrawing or not fully functioning or otherwise disturbed from its Services in case of sudden temporary or sudden increase of data traffic, intervention of or blocking the access to the system or TechConnect’s Internet or Third Parties, power cut, destruction or any other cause which influences TechConnect and in case of (regular) maintenance is clearly blown out and do not form any attributable shortcoming following TechConnect’s obligations towards the Client.
- Shortcomings of providers of telecommunication webs and data-/or telecommunication webs with which the telecommunication webs are connected and providers of network outlets, peripheral devices and provisions are not eligible to TechConnect, all liability will be excluded explicitly by TechConnect.
- The, in this article mentioned restrictions or exclusions of liability, are to be cancelled if there are liabilities or intentionally damage at TechConnect’s site.
Article 13 – Circumstances beyond one’s control
- Parties are not committed to follow obligations if it has been made impossible as a result of a condition which does not result from blame, by law, by an act in law.
- Circumstances beyond one’s control in this Agreement are, next to the circumstances beyond one’s control meant by law and jurisdiction, all causes which happened around TechConnect, expected or unexpected, on which TechConnect cannot have any influence, but have the result that TechConnect cannot follow her obligations toward the Client. This also includes strikes within the company of TechConnect.
- TechConnect is also authorized to appeal for the right if a situation occurs, after TechConnect was supposed to follow her obligations, which makes it impossible for TechConnect to follow her obligations.
- Parties can postpone their obligations, which are stated in the Agreement, during the period of circumstances beyond one’s control. If the duration of this period is over three (3) months then every party is allowed to resolve the Agreement without further obligation to compensate the damage of the other party.
- As far as TechConnect has followed or can follow her obligations, which are stated in the Agreement, and this obligations have accrue to independent value, then TechConnect is authorized to declare this part from the Client. The Client is obligated to pay this bill for expenses as if it is a separate Agreement.
Article 14 – TechConnect’s obligations
- TechConnect makes the effort to grant the access of its services as easy as possible. TechConnect obligates herself to do frequent supervision and solid maintenance of the devices and systems used by TechConnect and TechConnect takes care of the capacity of these devices and equipment so that there will not be any disturbance by normally used appliance. However, it is not possible, technical wise, to prevent the Client from every disturbance or limitation of the access of its Services – TechConnect still relies on Third Parties including telecommunication suppliers and data transport suppliers. Disturbances or restrictions with accessing its Services are fixed as soon as possible by TechConnect. TechConnect’s liability for the failure to operate or malfunction of its Services is within limits of the mentioned in Article 12 of this Agreement.
- The location of the access to its Services, which are offered by TechConnect on a network outlet, will be agreed with the Client. All devices and wiring in behalf of accessing the internet are not TechConnect’s responsibility – So far as necessary TechConnect will reject all liability with regard to this.
- TechConnect does not provide any guarantee for its Services, but on request of the Client, TechConnect is obligated to use its entire means to solve any disturbances or defects.
Article 17 – The Client’s obligations
- The Client’s access to the internet is facilitated by TechConnect and the codes of behavior and the agreements of the Fair Use Policy are applied. In case of not following these codes and agreements (repeatedly) TechConnect maintains the right to deny the Client’s access to the internet and to dissolve the Agreement. The Client is responsible for published photographs, imageries and sounds which have been published by the Client and the costs resolving from this.
- The Client is forbidden to pass on the User name and Password to Third Parties without approval (by letter) of TechConnect.
- The Client guarantees TechConnect that he/she will follow the instructions of TechConnect, within reason, with regard to usage of its Services, to make sure that the Services can be accomplished in a reasonable and undisturbed way. And in this connection grant TechConnect all co-operation which TechConnect requests.
- The Client’s personal information which has been provided to TechConnect will be accurately and according to the law managed and tend to usage within the framework of its administration tasks and management tasks. Personal information will never be indicated to Third Parties unless TechConnect is being obligated by law or on ground of a judicial sentence.
Article 18 – Development of the Software
- Parties will specify by letter which software will be developed and on which way this will happen. TechConnect will accomplish the software development with care on ground of data which will be provided by the Client, this because of the consistency, accuracy and the completeness from the Client towards TechConnect.
- TechConnect is justified, but not obligated, to check the accuracy, completeness and consistency of the given data or specifications and in case of identification of mistakes, TechConnect is authorized to postpone the agreed activities until the Client resolves the concerning mistakes.
Article 19 – Delivery, installation and acceptation of the software
- TechConnect will deliver and install the software, which has to be developed, in accordance with the specifications, which have been registered by letter. TechConnect will install the software if it is registered by letter.
- The period of testing is fourteen (14) days after delivery, if an acceptance testing is agreed or if TechConnect has agreed by letter to perform an installation. Parties will mutually agree the content and specifications of the acceptance test.
- The software will be considered as accepted by both parties when:
- An acceptance test has not been agreed between both Parties: during the delivery or:
- An installation, which has to be accomplished by TechConnect, is agreed by letter: after completion of the installation, or:
- An acceptance test is agreed between the parties: on the first day after the period of testing or if TechConnect, before the end of the period of testing, a test report receives as mentioned in subsection 19.5: while on that moment the mistakes, which are mentioned is this test report, are restored, unabated the presence of imperfection which are not in the way of acceptation according subsection 19.6.
Contrary to the above, the software will apply for fully accepted from the start of the usage, if the Client uses the software for productive or operational goals before the moment of acceptation.
- If, during the execution of the agreed acceptance test, mistakes come true which interrupt the progress of the acceptance test, the Client has to inform TechConnect by detailed letter, as soon as possible. The period of testing will be interrupted until the software is adjusted in such way that the impediment is abolished.
- If, during the execution of the agreed acceptance test, other mistakes come true then mentioned in subsection 4, the Client is obligated to inform TechConnect by letter, at the latest on the last day of the period of testing, by means of a detailed testing report. TechConnect will do its upmost effort to restore the mentioned mistakes within a reasonable period of time. During this period, TechConnect is authorized to make temporary solutions or detours in the program or add restrictions which avoid problems in the software.
- The software has to be accepted unless the acceptation is not associated with the agreed specifications and which do not exist from small mistakes, which do not stand in the way operational or productive usage of the software. However, TechConnect is obligated to resolve these small mistakes.
- If the software is being delivered and tested in phases and/or parts, and a certain phase and/or part is not accepted then this does not affect a previous acceptation of a phase and/or part.
Article 20 – Intellectual ownership
- All intellectual ownership of the delivered business of TechConnect is deposited with TechConnect. This includes, but is not restricted to, software, devices, models, analyses, documentation, manuals, proposals and the material which is necessary to prepare it, unless is clearly agreed otherwise by letter.
- The Client is forbidden to change or remove brands or marks which have been applied by TechConnect on the delivered business or to change, making public or multiply delivered business of part of it.
- TechConnect provides its Client with a non-exclusive user charges on the businesses delivered by TechConnect. Without explicit approval by letter of TechConnect, the Client is not authorized to use the agreed business otherwise then agreed and/or provided rights and/or qualifications fully or partially placed at the disposal of Third Parties, assign to Third Parties and/or give authority to Third Parties.
- The Client will make sure that he/she is entitled to multiply, to make public or otherwise revise the business which has been made available by TechConnect and that the Client will not make any violation on the intellectual ownership of Third Parties. The Client gives TechConnect all necessary evidence (but is not restricted to) like a duplicate of a brand registration or a mandate agreement.
- In case of demands of Third Parties on account of violation of the intellectual ownership or If TechConnect suspects that by accomplishing the agreement, violation will be made on account of rights of Third Parties, TechConnect is authorized to take measures to adjourn the violation and to reduce the damage as much as possible. When and as far as these measures bring along any costs, TechConnect cannot be held liable.
- The Client grants TechConnect guarantee for all damage and costs, which TechConnect will be addressed for, resulting from violation on their intellectual ownership by Third Parties. The Client will give enough certainty to TechConnect about fulfillment resulting from financial obligation towards TechConnect.
- The Client will immediately notify TechConnect about any claim from a Third Party on account of a (threatening) violation of intellectual ownership regarding to the activities which TechConnect still has to provide or accomplish or which have been provided or accomplished.
Article 21 – Cancellation of the assignment developing software
- If the Client cancels an assignment partially or fully, he/she has to reimburse the costs which have been made by TechConnect within reason and he/she has to reimburse the costs which result from loss of profit and other costs which result from this cancellation.
Article 22 – Change of the Agreement
- TechConnect is authorized to change these Agreements and other agreements single sided. These changes also count for Agreements which already have been made; TechConnect will take the reasonable interest of the Client into account.
- Changes take effect fourteen (14) days after notification by letter or by mail or by date which is mentioned during the notification.
- The Client has the right to end the Agreement if he/she does not accept the changes which have been made in the (general) conditions because these changes lead to substantial charge of his/her obligations or if these changes lead to indispensable deviation of TechConnect’s services unlike the services before the changes. The Client is obligated to end the Agreement by letter and electronically from the date which the changes are in force.
Article 23 – Term of limitation
- The Client’s rights of claim, not being a consumer, towards TechConnect will expire after one (1) year after they have been originated.
Article 24 – Assignments for photographical work
- All assignments for photographical work come under the special agreements. These special agreements are obtained on application by TechConnect and are present in every Agreement or are to be consulted at the website.
Article 25 – Legal system applicable and choice of forum
- The law of the Netherlands shall be applicable to all legally binding transactions between TechConnect and the Client.
Any dispute will be subjected to the judgment of the authorized judge of Sittard.
- TechConnect has got a right of pledge and a lien on all cases, documents and accounts of the Client, towards everybody who requires a posting of this, for all claims made by the Client and which affect TechConnect in a negative way.
- TechConnect cannot be held liable for mistakes which have been made by Third Parties which have been appointed by TechConnect.