1. DEFINITIONS

In these general terms and conditions, the terms indicated are used in the following meanings:

  • "Contractor" Vindsubsidies.nl (Idox Netherlands B.V.) located in Goor. Vindsubsidies.nl provides news and background information about subsidies and other incentives from the various national and international organizations.
  • "Client" A natural or legal person who has entered into an agreement with Vindsubsidies.nl for the provision of a service.
    "Service" The provision of electronic information in any form.
  • "Database (s)" Both the files that Vindsubsidies.nl makes available and the data included in the files, which enable the client to select information, view it, print it at its own location and / or download it.
  • "In writing" Means of reporting, namely either electronically via the networks on which the database (s) is (are) accessible, or sent by post or by fax.
  • "Software" All software required to access, organize, select, consult or edit the information.
  • 'Agreement' Agreement between Vindsubsidies.nl and the client, under which Vindsubsidies.nl grants the client electronic access to the Database (s) via a personal access code (consisting of a login name and a password), also the provision of online subsidy advice by Vindsubsidies .nl to the client.

Amendments, additions or changes to the agreement and the general terms and conditions are only valid if they have been laid down in writing and signed by both parties.

2. GENERAL PROVISIONS

Unless otherwise agreed, the following conditions apply to all agreements with Vindsubsidies.nl. Vindsubsidies.nl does not accept any (delivery) conditions of the client unless explicitly agreed otherwise in writing.

 

3. USE OF THE SERVICE

The service is owned and maintained by the contractor and can be used by the client. All intellectual property rights with regard to the works published by the contractor, to the database (s), print outs thereof, the software, the accessibility structure of the database (s), etc., including copyrights, trademark rights and any rights under the Directive 96/9 / EC on the legal protection of databases rests with the contractor. Insofar as not expressly and unambiguously permitted by the contractor or by law, nothing from the publications issued by the contractor may be made public or reproduced in any way, including storage in any automated file.
The client is not permitted to remove or change any designation regarding copyrights, brands, trade name or other intellectual or industrial property rights from (software) material.
The client must itself and at its own expense and risk take care of the equipment, software and other (including data communication) facilities in order to be able to use the service.
The service may be temporarily discontinued for maintenance or repair. The Contractor strives to inform the Client in good time of changes to the aforementioned times and to keep this to a minimum.

 

4. GUARANTEE

The processing of the data on www.vindsubsidies.nl (and related Vindsubsidies.nl services such as Open4Business, Open4Community, Research Connect, etc.) as well as the creation thereof has been carried out to the best of our knowledge and with the greatest care. However, the Contractor cannot guarantee the correctness and completeness of the information that is displayed and is therefore, except in the case of intent or gross negligence on the part of the Contractor, not liable for damage that has arisen as a result of incorrectness, incompleteness or unlawfulness of the content of the information offered via www.vindsubsidies.nl (and other Vindsubsidies.nl services).
Under no circumstances does the Contractor guarantee that publications are included in the Database (s) on the date of publication. The Contractor does, however, strive to include the publications offered in the Database (s) as soon as possible.

 

5. TERMIJN

De overeenkomst treedt in werking op de schriftelijk vermelde begindatum en geldt tot de schriftelijk vermelde einddatum, daarna zal deze telkens met een periode van één jaar worden verlengd, tenzij één der partijen schriftelijk twee maanden voor het einde van de dan geldende overeenkomst deze beëindigt.

 

6. BEËINDIGING

Opdrachtnemer kan de overeenkomst schriftelijk met onmiddellijke ingang ontbinden en de toegang tot de Databank(en) afsluiten, wanneer opdrachtgever in gebreke is met de nakoming van zijn verplichtingen, in liquidatie komt te verkeren, surseance van betaling aanvraagt, een aanvraag voor het faillissement van opdrachtgever is ingediend, opdrachtgever haar organisatie geheel of gedeeltelijk stopzet, dan wel ontbindt, en/of als derden de login-naam en wachtwoord van de opdrachtgever gebruiken. Beëindiging van de overeenkomst laat onverlet de verplichting tot betalingen door opdrachtnemer van de op grond van deze overeenkomst verschuldigde bedragen.

 

7. CONFIDENTIALITY

The contractor is not entitled to use the information made available to him by the client for any purpose other than that for which it was obtained. The contractor will treat all information provided by the client as strictly confidential. The contractor is obliged to maintain confidentiality with regard to all information entrusted to it by the client as confidential or that came to its knowledge as a confidential matter during the performance of the assignment. However, an exception is made to this in the event that the contractor acts in disciplinary, civil or criminal proceedings in which these documents may be important. The contractor is permitted to use the name of the client as the organization for which it provides services.
In the event of termination of the agreement, both parties will continue to enforce the rights and obligations set forth in this clause, as if the agreement had not been terminated.

 

8. LIABILITY

Damage for which the contractor is not liable also includes any damage of any nature whatsoever that arises due to the (temporary or otherwise) inaccessibility of database (s) due to malfunction or shutdown of the equipment, software and facilities. of the contractor and the non-granting or withdrawal of permission for use by the contractor and the no longer making available of the Database (s) by the contractor.
If a third party uses the login name and password of the client, the client, regardless of whether this use is attributable to him or not, is liable for the performance of the agreement, in particular also of the financial obligations.
Information that is of essential importance to the client must always be verified by the client for correctness. The Contractor, its affiliated companies or employees are under no circumstances liable for trading loss, professional damage, special damage, financial damage, indirect damage, additional damage and other damage of any kind (including, but not limited to, liability for loss of the use, data, or for loss of profit), regardless of the form that any steps to be taken against the contractor might take.

 

 9. CHARGES

If the client has not paid within the term, it will, without further notice of default and without prejudice to the other rights of the contractor, owe default interest in the amount of the statutory interest in accordance with Article 119a Book 6 of the Dutch Civil Code, calculated on the invoice amount per month. If the client remains in default after a summons to pay, the contractor is entitled to increase the claim by extrajudicial collection costs set at at least 15% of the amount of the claim.
The contractor is entitled to apply an annual inflation correction based on the official figures provided by Statistics Netherlands. A price increase within the meaning of this article will not be announced in advance. The contractor will inform the client of this before other price adjustments take effect.

 

10. DISTANCE

No delay, negligence or omission by either party in enforcing any provision of the agreement will constitute a waiver or in any way prejudice any right of that party under the agreement.

 

11. COMPLAINTS

Complaints about services provided and / or objections to invoices must be submitted to the Contractor in Writing within 14 days of the invoice date. Complaints or objections submitted do not suspend the payment obligation.

 

12. APPLICABLE LAW

This agreement is governed by Dutch law. Disputes are exclusively settled by the competent court in the district of Almelo.

 

13. PARTIAL NULLITY

If a provision from the agreement and / or the general terms and conditions proves to be invalid, this will not affect the validity of the entire agreement. The parties will determine (a) new provision (s) as a replacement, which will give shape to the intention of the original agreement as much as legally possible.

 

14. FORCE MAJEURE

If, as a result of an event beyond the reasonable control of either party, the contract has not been performed for a period longer than two months, or if it appears impossible or unlikely that all or a significant part of the contract can be performed, the defaulting party choose to cancel the agreement with two weeks' written notice, without further liability of either party (except in connection with payment for Services already provided before this date).

 

15. NOTICES

A notice shall be deemed sufficient if it has been delivered in person, by fax, e-mail or post to the other party at the address specified in the agreement, or to another address specified in writing for that purpose to the other party. may be communicated.
Notices sent in this manner will be deemed to have been received upon delivery by hand, two days after sending by post, and if sent by fax or e-mail, upon receipt of confirmation of successful shipment. If delivery is deemed to take place on a non-working day, it will be deemed to take place on the following working day.

 

16. HANDOVER

The client is not permitted to transfer any rights and / or obligations that it derives from the agreement to a third party without the prior written consent of the contractor. Only the contractor can transfer its legal relationship with the client and the individual rights and / or obligations that the contractor derives from that legal relationship to a third party.

 

17. DATA PROTECTION

The contractor may process personal data on behalf of the client during the performance of this agreement. The contractor will act as processor and the client will act as the controller within the meaning of the Personal Data Protection Act.
Without prejudice to the security standards agreed elsewhere by the client and the contractor, the contractor will take appropriate technical and organizational security measures to protect the personal data and to protect it against accidental or unlawful destruction, accidental loss or alteration, unauthorized or unlawful storage, processing, access or disclosure. . The Client and Contractor acknowledge that security requirements are constantly changing and that effective security requires frequent reviews and regular improvement of outdated security measures. The contractor will therefore continuously evaluate and tighten, supplement and improve the implemented security measures where necessary. The Contractor will allow the Client to audit and test such security measures.
The contractor will immediately inform the client of all (planned) permanent or temporary transfers of personal data to a country outside the European Economic Area without an adequate level of protection and will only implement such (planned) transfer after permission from the client. The contractor will immediately inform the client of incidents with regard to the processing of personal data, will cooperate with the client at all times and will follow the instructions of the client with regard to such an incident, with the aim of enabling the client to make a proper investigate the incident, formulate a correct response and take appropriate follow-up steps with regard to the incident.
Incident is in any case understood to mean the following:
  •  complaint or (information) request from a natural person with regard to the processing of personal data by the contractor;
  • an investigation or seizure by government officials of the personal data, or a suspicion that such a thing is about to take place;
  • any unauthorized or accidental access, processing, deletion, loss, or any form of unlawful processing of the personal data;
  • a breach of security and / or confidentiality, as set forth in this Agreement, that results in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of - or access to - the personal data, or any indication that such a breach will occur or has occurred occurred.

Upon termination of this agreement, or at the written request of the client, the contractor will destroy the personal data or transfer it to the client, at the choice of the client.

 

18. INTELLECTUAL PROPERTY RIGHTS

The client acknowledges and accepts that all intellectual property rights that exist or arise in connection with the products and services as delivered by the contractor, belong to the contractor or his or her licensees.

 

19. RIGHTS OF THIRD PARTIES

The Client indemnifies the Contractor against all claims from third parties in connection with this agreement. The indemnification also relates to all damage and costs that the contractor suffers or incurs in connection with such a claim.