Internet B.V. (trading under the name “Companyforsale.eu”)
ARTICLE 1. GENERAL
1.1
These general terms and conditions apply to all legal relationships between Internet BV and the companies, enterprises or institutions belonging to its group (hereinafter referred to as: “Internet BV”) and its Clients (hereinafter referred to as: “Client”), concerning work performed or to be performed and/or services provided or to be provided by Internet BV for the benefit of the Client. The legal relationships include, among other things, offers made by Internet BV and agreements between Internet BV and the Client, as well as all legal acts and other acts preceding or performed in execution of those offers and agreements.
These general terms and conditions apply to all legal relationships between Internet BV and the companies, enterprises or institutions belonging to its group (hereinafter referred to as: “Internet BV”) and its Clients (hereinafter referred to as: “Client”), concerning work performed or to be performed and/or services provided or to be provided by Internet BV for the benefit of the Client. The legal relationships include, among other things, offers made by Internet BV and agreements between Internet BV and the Client, as well as all legal acts and other acts preceding or performed in execution of those offers and agreements.
1.2
These general terms and conditions consist of general provisions and the following special terms and conditions:
These general terms and conditions consist of general provisions and the following special terms and conditions:
- Article 11: Special terms and conditions for Profile Posters;
- Article 12: Special terms and conditions for Advertisers;
- Article 13: Special terms and conditions for Lead Generation.
The general provisions do not apply insofar as the special terms and conditions deviate from them. It is possible that the provisions of different special terms and conditions apply to an agreement with Internet BV.
1.3
A copy of these general terms and conditions will be sent by Internet BV to the Client free of charge upon request and is available for download and printing via all websites operated by Internet BV.
A copy of these general terms and conditions will be sent by Internet BV to the Client free of charge upon request and is available for download and printing via all websites operated by Internet BV.
1.4
Where these general terms and conditions refer to “goods”, this shall also include property rights as referred to in Article 1 of Book 3 of the Dutch Civil Code, such as computer files and software, as well as products as referred to in Article 7. Software shall also include internet web pages, the associated computer programs and files, and database data. Where this agreement refers to “the agreement”, this shall mean any agreement between Internet BV and the Client pursuant to which Internet BV performs work and/or provides services on the Client’s instructions.
Where these general terms and conditions refer to “goods”, this shall also include property rights as referred to in Article 1 of Book 3 of the Dutch Civil Code, such as computer files and software, as well as products as referred to in Article 7. Software shall also include internet web pages, the associated computer programs and files, and database data. Where this agreement refers to “the agreement”, this shall mean any agreement between Internet BV and the Client pursuant to which Internet BV performs work and/or provides services on the Client’s instructions.
1.5
All offers made by Internet BV are without obligation, unless expressly stated otherwise in writing in the offer. If a non-binding offer made by Internet BV is accepted, Internet BV shall have the right to revoke the offer no later than two (2) working days after receipt of such acceptance.
All offers made by Internet BV are without obligation, unless expressly stated otherwise in writing in the offer. If a non-binding offer made by Internet BV is accepted, Internet BV shall have the right to revoke the offer no later than two (2) working days after receipt of such acceptance.
1.6
Amendments of and additions to any provision in an agreement concluded between Internet BV and the Client shall only be valid if they have been recorded in writing and accepted by the parties. They shall only relate to the agreement concerned.
Amendments of and additions to any provision in an agreement concluded between Internet BV and the Client shall only be valid if they have been recorded in writing and accepted by the parties. They shall only relate to the agreement concerned.
1.7
Internet BV shall at all times be entitled to unilaterally amend and re-establish the text of these General Terms and Conditions. The amended general terms and conditions shall enter into force simultaneously with the notification of the amended terms and conditions by Internet BV to the Client.
Internet BV shall at all times be entitled to unilaterally amend and re-establish the text of these General Terms and Conditions. The amended general terms and conditions shall enter into force simultaneously with the notification of the amended terms and conditions by Internet BV to the Client.
1.8
If any provision forming part of these general terms and conditions or of the agreement concluded between the Client and Internet BV is null and void or is annulled, these general terms and conditions or the agreement, as applicable, shall remain in force in all other respects and the provision concerned shall, in consultation between the parties, immediately be replaced by a provision that approximates the purpose and intent of the original provision as closely as possible.
If any provision forming part of these general terms and conditions or of the agreement concluded between the Client and Internet BV is null and void or is annulled, these general terms and conditions or the agreement, as applicable, shall remain in force in all other respects and the provision concerned shall, in consultation between the parties, immediately be replaced by a provision that approximates the purpose and intent of the original provision as closely as possible.
1.9
Any general terms and conditions of the Client shall not apply.
Any general terms and conditions of the Client shall not apply.
ARTICLE 2. (DELIVERY) PERIODS
2.1
All (delivery) periods stated by Internet BV have been determined to the best of its knowledge on the basis of the information and documents known to Internet BV at the time the agreement was entered into. Internet BV shall endeavour to complete its work or services within the stated (delivery) period. All (delivery) periods stated by Internet BV shall only be regarded as strict deadlines if this has been expressly agreed in writing. The mere exceeding of a non-strict (delivery) period shall therefore not place Internet BV in default. Internet BV shall not be bound by (delivery) periods that cannot be met as a result of circumstances beyond its control that arose after the agreement was entered into.
All (delivery) periods stated by Internet BV have been determined to the best of its knowledge on the basis of the information and documents known to Internet BV at the time the agreement was entered into. Internet BV shall endeavour to complete its work or services within the stated (delivery) period. All (delivery) periods stated by Internet BV shall only be regarded as strict deadlines if this has been expressly agreed in writing. The mere exceeding of a non-strict (delivery) period shall therefore not place Internet BV in default. Internet BV shall not be bound by (delivery) periods that cannot be met as a result of circumstances beyond its control that arose after the agreement was entered into.
2.2
If it has been agreed that the work will be carried out in phases, Internet BV shall be entitled to postpone the commencement of work belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.
If it has been agreed that the work will be carried out in phases, Internet BV shall be entitled to postpone the commencement of work belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing.
2.3
If the Client is required to make an advance payment or to make information and/or materials required for performance available, then, if a period has been stated, the period within which the work must be completed shall not commence until the payment has been received in full or, respectively, the information and/or materials have been made available in full.
If the Client is required to make an advance payment or to make information and/or materials required for performance available, then, if a period has been stated, the period within which the work must be completed shall not commence until the payment has been received in full or, respectively, the information and/or materials have been made available in full.
ARTICLE 3. FORMATION OF THE AGREEMENT, COMMENCEMENT, DURATION AND TERMINATION
3.1
The agreement shall be formed at the moment the quotation, order confirmation or agreement signed by Internet BV and the Client has been received back by Internet BV, or at the moment Internet BV has commenced performance of the work for the Client at the Client’s oral or other request. The mere fact that Internet BV has commenced performance of work for the benefit of the Client shall constitute evidence of an oral instruction.
The agreement shall be formed at the moment the quotation, order confirmation or agreement signed by Internet BV and the Client has been received back by Internet BV, or at the moment Internet BV has commenced performance of the work for the Client at the Client’s oral or other request. The mere fact that Internet BV has commenced performance of work for the benefit of the Client shall constitute evidence of an oral instruction.
3.2
The quotation, order confirmation or agreement shall take the place of and replace all previous proposals, correspondence, arrangements or other communications made in respect of the assignment.
The quotation, order confirmation or agreement shall take the place of and replace all previous proposals, correspondence, arrangements or other communications made in respect of the assignment.
3.3
The agreement shall be entered into for an indefinite period, unless the parties have expressly agreed a fixed term in writing. An agreement entered into for an indefinite period shall end upon completion of the agreed work or completion of the agreed service.
The agreement shall be entered into for an indefinite period, unless the parties have expressly agreed a fixed term in writing. An agreement entered into for an indefinite period shall end upon completion of the agreed work or completion of the agreed service.
3.4
An agreement entered into for an indefinite period may only be terminated prematurely if this has been expressly agreed in writing by the parties and subject to the conditions stated in the agreement.
An agreement entered into for an indefinite period may only be terminated prematurely if this has been expressly agreed in writing by the parties and subject to the conditions stated in the agreement.
3.5
An agreement entered into for a fixed term may only be terminated prematurely if this has been expressly agreed in writing by the parties and subject to the conditions stated in the agreement. An agreement entered into for a fixed term shall each time be tacitly renewed for the duration of the original period, unless the Client or Internet BV terminates the agreement in writing with effect from the end of the agreed term and subject to a notice period of one (1) month.
An agreement entered into for a fixed term may only be terminated prematurely if this has been expressly agreed in writing by the parties and subject to the conditions stated in the agreement. An agreement entered into for a fixed term shall each time be tacitly renewed for the duration of the original period, unless the Client or Internet BV terminates the agreement in writing with effect from the end of the agreed term and subject to a notice period of one (1) month.
3.6
If an agreement which, by its nature and content, does not end through completion has been entered into for an indefinite period, either party may terminate it by written notice after proper business consultation and stating the reasons. If no express notice period has been agreed between the parties, a reasonable notice period must be observed upon termination.
If an agreement which, by its nature and content, does not end through completion has been entered into for an indefinite period, either party may terminate it by written notice after proper business consultation and stating the reasons. If no express notice period has been agreed between the parties, a reasonable notice period must be observed upon termination.
3.7
Internet BV may, without notice of default and without judicial intervention, terminate and end the agreement in whole or in part with immediate effect by written notice in the following cases:
Internet BV may, without notice of default and without judicial intervention, terminate and end the agreement in whole or in part with immediate effect by written notice in the following cases:
- if the Client files for bankruptcy;
- if the Client applies for a suspension of payments;
- if the Client’s entire assets are placed under administration;
- if the statutory debt restructuring scheme for natural persons is applied in respect of the Client;
- if the Client is dissolved;
- if the Client dies;
- if the Client’s business is liquidated or otherwise terminated, other than in the context of a restructuring or merger of businesses or institutions.
If any of the situations referred to in this paragraph occurs or threatens to occur, the Client is expressly obliged to inform Internet BV thereof immediately, clearly and in writing.
3.8
The parties shall never be obliged to pay any compensation as a result of termination in accordance with this Article.
The parties shall never be obliged to pay any compensation as a result of termination in accordance with this Article.
3.9
The provisions of this Article shall not affect termination on the grounds provided by law. Article 7.3 shall then apply.
The provisions of this Article shall not affect termination on the grounds provided by law. Article 7.3 shall then apply.
3.10
If, at the time of termination of the agreement as referred to in this Article, the Client has already received performance in execution of the agreement, such performance and the related payment obligation shall not be subject to reversal. Amounts invoiced by Internet BV prior to termination in connection with work already performed or goods already delivered in execution of the agreement shall, with due observance of the preceding sentence, remain fully payable and shall become immediately due and payable at the time of termination.
If, at the time of termination of the agreement as referred to in this Article, the Client has already received performance in execution of the agreement, such performance and the related payment obligation shall not be subject to reversal. Amounts invoiced by Internet BV prior to termination in connection with work already performed or goods already delivered in execution of the agreement shall, with due observance of the preceding sentence, remain fully payable and shall become immediately due and payable at the time of termination.
ARTICLE 4. PRICE AND PAYMENT
4.1
Internet BV shall determine the amount of the fees payable to it by the Client. The parties shall make specific arrangements in this respect in the agreement as far as possible.
Internet BV shall determine the amount of the fees payable to it by the Client. The parties shall make specific arrangements in this respect in the agreement as far as possible.
4.2
If wages and/or prices change before the assignment has been fully performed, Internet BV shall be entitled to adjust the agreed fee accordingly. Such a change shall not take effect until three weeks after Internet BV has informed the Client of the change in writing.
If wages and/or prices change before the assignment has been fully performed, Internet BV shall be entitled to adjust the agreed fee accordingly. Such a change shall not take effect until three weeks after Internet BV has informed the Client of the change in writing.
4.3
All prices and rates are exclusive of value added tax (VAT) and other levies imposed by the authorities.
All prices and rates are exclusive of value added tax (VAT) and other levies imposed by the authorities.
4.4
Payment of all invoices must be made without deduction, discount or set-off, in accordance with the payment terms stated on the invoice. The amount stated on an invoice must have been received by Internet BV no later than fourteen (14) calendar days after the invoice date.
Payment of all invoices must be made without deduction, discount or set-off, in accordance with the payment terms stated on the invoice. The amount stated on an invoice must have been received by Internet BV no later than fourteen (14) calendar days after the invoice date.
4.5
If the Client fails to pay the amount due in accordance with Article 4.4, the Client shall be in default by operation of law without notice of default being required and shall owe statutory interest on the outstanding amount from the day following the day on which the outstanding amount should at the latest have been credited to Internet BV’s account. If the Client fails to pay the fee due, the claim may be referred for collection. In that event, in addition to payment of the total amount then due, the Client shall also be obliged to reimburse in full all extrajudicial and judicial costs, including all costs charged by external experts and costs awarded in legal proceedings, connected with the collection of this claim or otherwise with the exercise of rights, the amount of which shall be set at a minimum of 15% of the outstanding amount, or €250 (two hundred and fifty euros) if this is higher.
If the Client fails to pay the amount due in accordance with Article 4.4, the Client shall be in default by operation of law without notice of default being required and shall owe statutory interest on the outstanding amount from the day following the day on which the outstanding amount should at the latest have been credited to Internet BV’s account. If the Client fails to pay the fee due, the claim may be referred for collection. In that event, in addition to payment of the total amount then due, the Client shall also be obliged to reimburse in full all extrajudicial and judicial costs, including all costs charged by external experts and costs awarded in legal proceedings, connected with the collection of this claim or otherwise with the exercise of rights, the amount of which shall be set at a minimum of 15% of the outstanding amount, or €250 (two hundred and fifty euros) if this is higher.
4.6
The Client expressly cannot derive any rights from an agreement if a payment due has not been received by Internet BV in full and on time.
The Client expressly cannot derive any rights from an agreement if a payment due has not been received by Internet BV in full and on time.
4.7
Unless otherwise expressly agreed in writing, the agreed price shall be denominated in euros.
Unless otherwise expressly agreed in writing, the agreed price shall be denominated in euros.
ARTICLE 5. CONFIDENTIAL INFORMATION
5.1
Each party warrants that all information received from the other party, where it is or ought reasonably to be clear that such information is confidential in nature, shall be kept confidential. Information shall in any event be regarded as confidential if it has been designated as such by either party.
Each party warrants that all information received from the other party, where it is or ought reasonably to be clear that such information is confidential in nature, shall be kept confidential. Information shall in any event be regarded as confidential if it has been designated as such by either party.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1
All intellectual property rights in all products or goods developed or made available pursuant to the agreement, including computer programs, system designs, working methods, advice, model contracts, materials such as database data, analyses, designs, documentation, reports, quotations, memoranda, brochures and preparatory materials thereof, as well as other intellectual creations of Internet BV, all in the broadest sense of the word, shall vest and shall at all times continue to vest exclusively in Internet BV or its licensors.
All intellectual property rights in all products or goods developed or made available pursuant to the agreement, including computer programs, system designs, working methods, advice, model contracts, materials such as database data, analyses, designs, documentation, reports, quotations, memoranda, brochures and preparatory materials thereof, as well as other intellectual creations of Internet BV, all in the broadest sense of the word, shall vest and shall at all times continue to vest exclusively in Internet BV or its licensors.
6.2
The Client is expressly prohibited from reproducing, publishing or exploiting the products or goods referred to in Article 6.1, whether or not with the assistance of third parties.
The Client is expressly prohibited from reproducing, publishing or exploiting the products or goods referred to in Article 6.1, whether or not with the assistance of third parties.
6.3
The Client is aware that the products or goods referred to in Article 6.1 may contain confidential information and trade secrets of Internet BV or its suppliers. Without prejudice to Article 5, the Client undertakes to keep these products or goods confidential and not to disclose them or make them available for use by third parties other than for the purpose for which they were made available to the Client. Third parties shall also include all persons working within the Client’s organisation who do not necessarily need to use the products or goods.
The Client is aware that the products or goods referred to in Article 6.1 may contain confidential information and trade secrets of Internet BV or its suppliers. Without prejudice to Article 5, the Client undertakes to keep these products or goods confidential and not to disclose them or make them available for use by third parties other than for the purpose for which they were made available to the Client. Third parties shall also include all persons working within the Client’s organisation who do not necessarily need to use the products or goods.
6.4
The Client undertakes towards Internet BV not to act in any way in breach of the intellectual property rights of Internet BV referred to in this Article. The Client is therefore, for example, not permitted to erase, obscure or otherwise render illegible, or remove from or alter in the products or goods, data or brochures, any indication concerning copyrights, trademarks, trade names or other intellectual property rights, including indications concerning confidentiality and secrecy.
The Client undertakes towards Internet BV not to act in any way in breach of the intellectual property rights of Internet BV referred to in this Article. The Client is therefore, for example, not permitted to erase, obscure or otherwise render illegible, or remove from or alter in the products or goods, data or brochures, any indication concerning copyrights, trademarks, trade names or other intellectual property rights, including indications concerning confidentiality and secrecy.
6.5
Internet BV shall be permitted to take technical or other measures to protect its rights. If Internet BV has taken technical protective measures, the Client shall not be permitted to remove or circumvent such protection. If the protective measures have the effect that the Client is unable to make a backup copy of software or other digitally recorded information, Internet BV shall, at the Client’s request, make a backup copy available to the Client.
Internet BV shall be permitted to take technical or other measures to protect its rights. If Internet BV has taken technical protective measures, the Client shall not be permitted to remove or circumvent such protection. If the protective measures have the effect that the Client is unable to make a backup copy of software or other digitally recorded information, Internet BV shall, at the Client’s request, make a backup copy available to the Client.
6.6
Except where Internet BV makes a backup copy available to the Client, the Client shall be entitled to retain or make one backup copy. For the purposes of this provision, a backup copy shall mean a tangible object on which the data have been recorded, solely to replace the original copy in the event of involuntary loss of possession or damage. The backup copy must be an identical copy and must at all times bear the same labels and indications as the original copy.
Except where Internet BV makes a backup copy available to the Client, the Client shall be entitled to retain or make one backup copy. For the purposes of this provision, a backup copy shall mean a tangible object on which the data have been recorded, solely to replace the original copy in the event of involuntary loss of possession or damage. The backup copy must be an identical copy and must at all times bear the same labels and indications as the original copy.
6.7
With due observance of the other provisions of these terms and conditions, the Client shall be entitled to correct errors in the data and documents made available to it, visibly to Internet BV, if this is necessary for the intended use arising from the nature of the data and documents. An error shall only be deemed to exist if it can be demonstrated. The Client is obliged to report errors to Internet BV immediately.
With due observance of the other provisions of these terms and conditions, the Client shall be entitled to correct errors in the data and documents made available to it, visibly to Internet BV, if this is necessary for the intended use arising from the nature of the data and documents. An error shall only be deemed to exist if it can be demonstrated. The Client is obliged to report errors to Internet BV immediately.
ARTICLE 7. LIABILITY AND INDEMNIFICATION
7.1
Internet BV shall perform its work to the best of its knowledge and ability and shall exercise the care that may be expected of it. If an error is made because the Client or a third party has provided Internet BV with incorrect or incomplete information, Internet BV shall not be liable for the resulting damage. If the Client demonstrates that it has suffered damage as a result of an error by Internet BV that would have been avoided if due care had been exercised, any liability of Internet BV shall be limited exclusively to compensation for direct damage and to a maximum of the amount of the price agreed for that agreement, excluding VAT. If the agreement has a term of more than one year, the agreed price shall be deemed to be the total of the fees, excluding VAT, agreed for the last twelve months. Direct damage shall exclusively mean:
a) the reasonable costs that the Client would have to incur to have Internet BV’s performance conform to the agreement. However, such damage shall not be compensated if the Client has terminated the agreement;
b) reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these terms and conditions;
c) reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have resulted in the limitation of direct damage within the meaning of these terms and conditions.
Internet BV shall perform its work to the best of its knowledge and ability and shall exercise the care that may be expected of it. If an error is made because the Client or a third party has provided Internet BV with incorrect or incomplete information, Internet BV shall not be liable for the resulting damage. If the Client demonstrates that it has suffered damage as a result of an error by Internet BV that would have been avoided if due care had been exercised, any liability of Internet BV shall be limited exclusively to compensation for direct damage and to a maximum of the amount of the price agreed for that agreement, excluding VAT. If the agreement has a term of more than one year, the agreed price shall be deemed to be the total of the fees, excluding VAT, agreed for the last twelve months. Direct damage shall exclusively mean:
a) the reasonable costs that the Client would have to incur to have Internet BV’s performance conform to the agreement. However, such damage shall not be compensated if the Client has terminated the agreement;
b) reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these terms and conditions;
c) reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have resulted in the limitation of direct damage within the meaning of these terms and conditions.
7.2
Liability of Internet BV for indirect damage, including in any event consequential loss, loss of profit, missed savings and damage due to business interruption, is expressly excluded.
Liability of Internet BV for indirect damage, including in any event consequential loss, loss of profit, missed savings and damage due to business interruption, is expressly excluded.
7.3
If the Client is of the opinion that Internet BV has committed an attributable failure in the performance of an obligation and the Client consequently wishes to take legal measures, the Client shall be obliged, before taking any other legal or other measure, to give Internet BV reasoned written notice of default and to allow Internet BV a reasonable period in which to perform the obligation correctly after all. The notice of default must contain as detailed a description of the failure as possible, so that Internet BV is given the opportunity to respond adequately.
If the Client is of the opinion that Internet BV has committed an attributable failure in the performance of an obligation and the Client consequently wishes to take legal measures, the Client shall be obliged, before taking any other legal or other measure, to give Internet BV reasoned written notice of default and to allow Internet BV a reasonable period in which to perform the obligation correctly after all. The notice of default must contain as detailed a description of the failure as possible, so that Internet BV is given the opportunity to respond adequately.
7.4
A condition for the existence of any right to compensation shall always be that the Client reports the allegedly suffered damage to Internet BV in writing immediately after it arises.
A condition for the existence of any right to compensation shall always be that the Client reports the allegedly suffered damage to Internet BV in writing immediately after it arises.
7.5
Internet BV shall not be liable for damage suffered by the Client as a result of use by third parties of data and documents delivered or made available by Internet BV. The Client shall indemnify Internet BV against third-party claims in this respect.
Internet BV shall not be liable for damage suffered by the Client as a result of use by third parties of data and documents delivered or made available by Internet BV. The Client shall indemnify Internet BV against third-party claims in this respect.
7.6
All rights of action and other powers of the Client, on whatever grounds, against Internet BV in connection with the performance of work by Internet BV shall in any event lapse one year after the time when the Client became aware or could reasonably have become aware of the existence of such rights and powers.
All rights of action and other powers of the Client, on whatever grounds, against Internet BV in connection with the performance of work by Internet BV shall in any event lapse one year after the time when the Client became aware or could reasonably have become aware of the existence of such rights and powers.
7.7
If and insofar as Internet BV engages one or more third parties in the performance of its work and damage is caused by an error on the part of such third party or parties, Internet BV shall only be liable for such damage insofar as Internet BV would have been liable under these General Terms and Conditions if Internet BV itself had caused the damage.
If and insofar as Internet BV engages one or more third parties in the performance of its work and damage is caused by an error on the part of such third party or parties, Internet BV shall only be liable for such damage insofar as Internet BV would have been liable under these General Terms and Conditions if Internet BV itself had caused the damage.
7.8
If Internet BV engages third parties in the performance of the agreement who also apply general terms and conditions and/or limitations of liability in respect of their work, Internet BV shall be entitled and authorised to accept those terms and conditions and/or limitations of liability on behalf of the Client.
If Internet BV engages third parties in the performance of the agreement who also apply general terms and conditions and/or limitations of liability in respect of their work, Internet BV shall be entitled and authorised to accept those terms and conditions and/or limitations of liability on behalf of the Client.
7.9
The Client shall indemnify Internet BV against claims by third parties, including employees of Internet BV, who suffer damage in connection with the performance of the agreement as a result of an act or omission of the Client or of unsafe situations within the Client’s organisation.
The Client shall indemnify Internet BV against claims by third parties, including employees of Internet BV, who suffer damage in connection with the performance of the agreement as a result of an act or omission of the Client or of unsafe situations within the Client’s organisation.
7.10
The Client warrants that no third-party rights oppose the making available of data or documents to Internet BV, for example for the purpose of their use or processing by Internet BV. The Client shall indemnify Internet BV and fully compensate Internet BV in respect of any action based on the assertion that such making available, use or processing infringes any third-party right.
The Client warrants that no third-party rights oppose the making available of data or documents to Internet BV, for example for the purpose of their use or processing by Internet BV. The Client shall indemnify Internet BV and fully compensate Internet BV in respect of any action based on the assertion that such making available, use or processing infringes any third-party right.
ARTICLE 8. FORCE MAJEURE
8.1
If Internet BV fails to perform any obligation towards the Client, such failure shall not be attributable to Internet BV and Internet BV shall not be in default if performance of that obligation is impeded or rendered impossible by a foreseeable or unforeseeable circumstance beyond the control of Internet BV, such as, but not limited to, the failure by an engaged auxiliary person, supplier or other third party to perform its obligations towards Internet BV or the Client correctly, fully and/or on time, strikes, disruptions to the internet connection, disruptions to the telephone network of the telecommunications provider, full occupation of Internet BV’s dial-in access points, power failure and other circumstances beyond the control of Internet BV that could not reasonably have been foreseen by it, natural disasters, strikes, lightning strikes, sabotage and similar events, both at Internet BV itself and at auxiliary persons, suppliers or other third parties engaged by it.
If Internet BV fails to perform any obligation towards the Client, such failure shall not be attributable to Internet BV and Internet BV shall not be in default if performance of that obligation is impeded or rendered impossible by a foreseeable or unforeseeable circumstance beyond the control of Internet BV, such as, but not limited to, the failure by an engaged auxiliary person, supplier or other third party to perform its obligations towards Internet BV or the Client correctly, fully and/or on time, strikes, disruptions to the internet connection, disruptions to the telephone network of the telecommunications provider, full occupation of Internet BV’s dial-in access points, power failure and other circumstances beyond the control of Internet BV that could not reasonably have been foreseen by it, natural disasters, strikes, lightning strikes, sabotage and similar events, both at Internet BV itself and at auxiliary persons, suppliers or other third parties engaged by it.
ARTICLE 9. JOINT AND SEVERAL LIABILITY
9.1
If an agreement is entered into with two or more natural persons and/or legal entities, each of them shall be jointly and severally liable for full performance of all obligations arising from that agreement.
If an agreement is entered into with two or more natural persons and/or legal entities, each of them shall be jointly and severally liable for full performance of all obligations arising from that agreement.
ARTICLE 10. APPLICABLE LAW AND DISPUTES
10.1
All agreements between Internet BV and the Client to which these general terms and conditions apply shall be governed by Dutch law.
All agreements between Internet BV and the Client to which these general terms and conditions apply shall be governed by Dutch law.
10.2
All disputes connected with agreements between Internet BV and the Client to which these general terms and conditions apply shall in the first instance be exclusively adjudicated by the competent court in ’s-Hertogenbosch.
All disputes connected with agreements between Internet BV and the Client to which these general terms and conditions apply shall in the first instance be exclusively adjudicated by the competent court in ’s-Hertogenbosch.
ARTICLE 11. SPECIAL TERMS AND CONDITIONS FOR PROFILE POSTERS
11.1
A Profile Poster shall mean the natural person or legal entity that, by means of a profile on a website of Internet BV, wishes to offer a business for sale or wishes to indicate that it is interested in purchasing a particular business.
A Profile Poster shall mean the natural person or legal entity that, by means of a profile on a website of Internet BV, wishes to offer a business for sale or wishes to indicate that it is interested in purchasing a particular business.
11.2
All materials and data required by Internet B.V. that must be supplied by the Profile Poster for a profile to be placed on the “companyforsale.eu” website shall be prepared and supplied by the Profile Poster in accordance with the conditions stipulated by Internet BV.
All materials and data required by Internet B.V. that must be supplied by the Profile Poster for a profile to be placed on the “companyforsale.eu” website shall be prepared and supplied by the Profile Poster in accordance with the conditions stipulated by Internet BV.
11.3
All software, data, brochures, photographs and other materials in written, printed, digital or other form to be used and produced by Internet B.V. shall remain or become, respectively, the property of Internet B.V. and the subject of its intellectual and industrial property rights, even if the Profile Poster pays a fee for their development, editing or acquisition by Internet BV. Internet B.V. may retain the products and data received from the Profile Poster and the results of their processing and may suspend placement of the profile until the Profile Poster has paid all amounts due to Internet BV.
All software, data, brochures, photographs and other materials in written, printed, digital or other form to be used and produced by Internet B.V. shall remain or become, respectively, the property of Internet B.V. and the subject of its intellectual and industrial property rights, even if the Profile Poster pays a fee for their development, editing or acquisition by Internet BV. Internet B.V. may retain the products and data received from the Profile Poster and the results of their processing and may suspend placement of the profile until the Profile Poster has paid all amounts due to Internet BV.
11.4
Internet BV is not responsible for verifying the accuracy and completeness of materials and data made available to Internet BV by the Profile Poster. Internet BV does not warrant that the processing of memoranda, brochures and edited materials produced by Internet BV will always be free of errors. If imperfections are a direct consequence of acts for which Internet BV is expressly responsible pursuant to the agreement, Internet BV shall use its best efforts to remedy such imperfections, provided that the necessary data are available or are made available immediately by the Profile Poster.
Internet BV is not responsible for verifying the accuracy and completeness of materials and data made available to Internet BV by the Profile Poster. Internet BV does not warrant that the processing of memoranda, brochures and edited materials produced by Internet BV will always be free of errors. If imperfections are a direct consequence of acts for which Internet BV is expressly responsible pursuant to the agreement, Internet BV shall use its best efforts to remedy such imperfections, provided that the necessary data are available or are made available immediately by the Profile Poster.
11.5
Internet BV shall be entitled, possibly without prior notification to the Profile Poster, to make changes or improvements to the edited versions produced from the data supplied by the Client.
Internet BV shall be entitled, possibly without prior notification to the Profile Poster, to make changes or improvements to the edited versions produced from the data supplied by the Client.
11.6
Internet BV shall be entitled, but not obliged, to investigate the accuracy, completeness or consistency of the data or specifications made available to it and, if any imperfections are identified, to suspend the agreed publication until the Client has remedied the imperfections concerned.
Internet BV shall be entitled, but not obliged, to investigate the accuracy, completeness or consistency of the data or specifications made available to it and, if any imperfections are identified, to suspend the agreed publication until the Client has remedied the imperfections concerned.
11.7
The User Terms and Conditions and the Privacy Statement, which are available for download and printing via the websites of Internet BV, apply to the placement of profiles.
The User Terms and Conditions and the Privacy Statement, which are available for download and printing via the websites of Internet BV, apply to the placement of profiles.
11.8
Internet BV cannot warrant that businesses registered on the site are still for sale. Internet B.V. likewise does not warrant that buyers and sellers will actually proceed to sign any confidentiality agreement, nor that buyers and sellers will actually proceed to exchange information.
Internet BV cannot warrant that businesses registered on the site are still for sale. Internet B.V. likewise does not warrant that buyers and sellers will actually proceed to sign any confidentiality agreement, nor that buyers and sellers will actually proceed to exchange information.
ARTICLE 12. SPECIAL TERMS AND CONDITIONS FOR ADVERTISERS
12.1
For the purposes of these terms and conditions, “advertisements” shall mean notices, announcements and/or advertising material, including in the form of banners, buttons, sound and images, of whatever nature, which are published on the websites of Internet BV and/or which are inserted into, added to or attached thereto.
For the purposes of these terms and conditions, “advertisements” shall mean notices, announcements and/or advertising material, including in the form of banners, buttons, sound and images, of whatever nature, which are published on the websites of Internet BV and/or which are inserted into, added to or attached thereto.
12.2
Advertisers shall mean natural persons or legal entities that place advertisements, other than the profiles referred to in Article 11, on the websites of Internet BV and enter into an agreement with Internet B.V. for that purpose.
Advertisers shall mean natural persons or legal entities that place advertisements, other than the profiles referred to in Article 11, on the websites of Internet BV and enter into an agreement with Internet B.V. for that purpose.
12.3
For the placement of Advertisements, the Advertiser shall pay a fee based on budget, duration, number of page views and/or the Advertiser’s recorded turnover volume, at the rate agreed in the Advertising Contract concluded between the Advertiser and Internet BV.
For the placement of Advertisements, the Advertiser shall pay a fee based on budget, duration, number of page views and/or the Advertiser’s recorded turnover volume, at the rate agreed in the Advertising Contract concluded between the Advertiser and Internet BV.
12.4
Unless the parties agree otherwise in writing, the Advertiser shall not obtain exclusivity. Advertisements of competitors of the Advertiser may therefore also be placed on the websites.
Unless the parties agree otherwise in writing, the Advertiser shall not obtain exclusivity. Advertisements of competitors of the Advertiser may therefore also be placed on the websites.
12.5
Internet BV shall hand over or otherwise make available to the Advertiser for approval the text to be advertised or the image and/or sound material to be advertised (proof). The Advertiser must notify Internet BV of any errors or improvements within two working days or, if a different period has been agreed in writing, within that period. If the Client has not responded to the proof within this period, the proof shall be deemed to have been approved by the Advertiser.
Internet BV shall hand over or otherwise make available to the Advertiser for approval the text to be advertised or the image and/or sound material to be advertised (proof). The Advertiser must notify Internet BV of any errors or improvements within two working days or, if a different period has been agreed in writing, within that period. If the Client has not responded to the proof within this period, the proof shall be deemed to have been approved by the Advertiser.
12.6
Internet BV shall at all times be entitled, without stating reasons, to refuse or cancel assignments or suspend their performance, without Internet BV becoming liable for damages in any way. This authority of Internet BV shall also apply to Advertising Contracts that have already been partially performed.
Internet BV shall at all times be entitled, without stating reasons, to refuse or cancel assignments or suspend their performance, without Internet BV becoming liable for damages in any way. This authority of Internet BV shall also apply to Advertising Contracts that have already been partially performed.
12.7
If Advertisements offer the website visitor the opportunity to respond, Internet BV shall, insofar as forwarding has been agreed, exercise in relation to the forwarding of responses the normal care that may be expected of a reasonable website operator, but all liability, including liability for the failure to receive and/or forward such responses, or for doing so late or incorrectly, is expressly excluded.
If Advertisements offer the website visitor the opportunity to respond, Internet BV shall, insofar as forwarding has been agreed, exercise in relation to the forwarding of responses the normal care that may be expected of a reasonable website operator, but all liability, including liability for the failure to receive and/or forward such responses, or for doing so late or incorrectly, is expressly excluded.
12.8
The Advertiser must ensure timely delivery of the advertising material in accordance with Internet BV’s instructions. If, in the opinion of Internet BV, the advertising material has not been received, has not been received on time, is unusable, incomplete and/or damaged, the other party’s right to placement shall lapse, without prejudice to the other party’s obligation to fulfil all of its financial obligations.
The Advertiser must ensure timely delivery of the advertising material in accordance with Internet BV’s instructions. If, in the opinion of Internet BV, the advertising material has not been received, has not been received on time, is unusable, incomplete and/or damaged, the other party’s right to placement shall lapse, without prejudice to the other party’s obligation to fulfil all of its financial obligations.
12.9
In the event of a wholly or partially illegible, incorrect or incomplete electronic or other reproduction of the submitted Advertisement, the Advertiser shall only be entitled to a reduction of the agreed price or replacement, but only insofar as the Advertisement may be deemed not to fulfil its purpose, at the discretion of Internet BV.
In the event of a wholly or partially illegible, incorrect or incomplete electronic or other reproduction of the submitted Advertisement, the Advertiser shall only be entitled to a reduction of the agreed price or replacement, but only insofar as the Advertisement may be deemed not to fulfil its purpose, at the discretion of Internet BV.
12.10
Internet BV shall exercise the customary care in respect of slides, photographs, electronic files, working drawings, layouts and other material made available to it by the Advertiser, for a period of twelve months after it was made available. Internet B.V. shall have the right, after expiry of this twelve-month period, to destroy the said material or return it to the other party at the latter’s risk and expense.
Internet BV shall exercise the customary care in respect of slides, photographs, electronic files, working drawings, layouts and other material made available to it by the Advertiser, for a period of twelve months after it was made available. Internet B.V. shall have the right, after expiry of this twelve-month period, to destroy the said material or return it to the other party at the latter’s risk and expense.
12.11
The User Terms and Conditions and the Privacy Statement, which are available for download and printing via the website www.companyforsale.eu, apply to the placement of Advertisements.
The User Terms and Conditions and the Privacy Statement, which are available for download and printing via the website www.companyforsale.eu, apply to the placement of Advertisements.
ARTICLE 13. SPECIAL TERMS AND CONDITIONS FOR THE TRANSFER OF LEADS
13.1
“Leads” shall mean information concerning persons and businesses generated through the use of the websites of Internet BV, which information may be used as a direct marketing instrument by suppliers of products and/or services connected with or related to the process of business acquisitions and disposals in the broadest sense of the word. A Recipient of Leads shall mean the natural person or legal entity that enters into an agreement with Internet BV for the transfer of leads.
“Leads” shall mean information concerning persons and businesses generated through the use of the websites of Internet BV, which information may be used as a direct marketing instrument by suppliers of products and/or services connected with or related to the process of business acquisitions and disposals in the broadest sense of the word. A Recipient of Leads shall mean the natural person or legal entity that enters into an agreement with Internet BV for the transfer of leads.
13.2
In addition to the general provisions, these terms and conditions for the transfer of leads shall apply to all agreements, offers and/or quotations of Internet BV relating to the transfer of leads. Unless expressly agreed otherwise, the Recipient of Leads shall not acquire an exclusive right to use the leads.
In addition to the general provisions, these terms and conditions for the transfer of leads shall apply to all agreements, offers and/or quotations of Internet BV relating to the transfer of leads. Unless expressly agreed otherwise, the Recipient of Leads shall not acquire an exclusive right to use the leads.
13.3
The Recipient of Leads shall be obliged to ensure that third parties engaged by it in approaching persons or businesses to which a Lead relates comply with all applicable general terms and conditions.
The Recipient of Leads shall be obliged to ensure that third parties engaged by it in approaching persons or businesses to which a Lead relates comply with all applicable general terms and conditions.
13.4
The Recipient hereby declares and acknowledges that the Leads purchased are unique and cannot in any way be compiled from data that are publicly available and/or accessible, and that the Leads are and shall at all times remain the exclusive property of Internet BV. All rights relating to the Leads shall vest exclusively in Internet BV. The Recipient declares and acknowledges that it has no right to use the name, trademark or trademarks and similar designations of Internet BV or of any of the products or services of Internet BV in any form whatsoever.
The Recipient hereby declares and acknowledges that the Leads purchased are unique and cannot in any way be compiled from data that are publicly available and/or accessible, and that the Leads are and shall at all times remain the exclusive property of Internet BV. All rights relating to the Leads shall vest exclusively in Internet BV. The Recipient declares and acknowledges that it has no right to use the name, trademark or trademarks and similar designations of Internet BV or of any of the products or services of Internet BV in any form whatsoever.
13.5
The Recipient is aware that the Leads contain valuable and confidential information. The personal data forming part of the Leads shall therefore not be added by the Recipient to its own files or to third-party files managed by the Recipient, nor resold to third parties, nor used by third parties or for the benefit of third parties.
The Recipient is aware that the Leads contain valuable and confidential information. The personal data forming part of the Leads shall therefore not be added by the Recipient to its own files or to third-party files managed by the Recipient, nor resold to third parties, nor used by third parties or for the benefit of third parties.
13.6
The Recipient agrees that control data have been added to files of Leads in order to identify possible unauthorised and/or impermissible use.
The Recipient agrees that control data have been added to files of Leads in order to identify possible unauthorised and/or impermissible use.
13.7
The data of Leads that have responded positively to an approach by the Recipient may be used by the Recipient according to its own needs or discretion, but exclusively in accordance with the objective agreed with Internet BV.
The data of Leads that have responded positively to an approach by the Recipient may be used by the Recipient according to its own needs or discretion, but exclusively in accordance with the objective agreed with Internet BV.
13.8
Complaints and/or comments from a Lead concerning the provision of its name and address by Internet BV for the agreed objective shall be reported by the Recipient to Internet BV in writing within one week, stating the content of the complaints and/or comments.
Complaints and/or comments from a Lead concerning the provision of its name and address by Internet BV for the agreed objective shall be reported by the Recipient to Internet BV in writing within one week, stating the content of the complaints and/or comments.
13.9
If the Recipient establishes that the Lead contains factual inaccuracies, these must be reported by the Recipient to Internet BV in writing as soon as possible after receipt.
If the Recipient establishes that the Lead contains factual inaccuracies, these must be reported by the Recipient to Internet BV in writing as soon as possible after receipt.
13.10
The Lead may be used by the Recipient only once, within a period of three months after delivery, for the objective agreed with Internet BV, unless otherwise agreed in writing in advance with Internet BV.
The Lead may be used by the Recipient only once, within a period of three months after delivery, for the objective agreed with Internet BV, unless otherwise agreed in writing in advance with Internet BV.
13.11
The Recipient shall carefully comply with all laws and regulations applicable to the use of personal data and all applicable codes of conduct.
The Recipient shall carefully comply with all laws and regulations applicable to the use of personal data and all applicable codes of conduct.
13.12
Internet BV shall have the right, without being obliged to pay any compensation, to cancel agreements which, in Internet BV’s reasonable opinion, are or may be contrary to the law in terms of their content or form.
Internet BV shall have the right, without being obliged to pay any compensation, to cancel agreements which, in Internet BV’s reasonable opinion, are or may be contrary to the law in terms of their content or form.
13.13
In its contacts with the Lead, the Recipient shall not in any way refer to the source of the Lead or identify its owner, except if, after the Recipient has used the Lead, a Lead approaches the Recipient with a request to disclose the source of the Lead. In that event, the Recipient shall be obliged to disclose the name of the owner of the Lead.
In its contacts with the Lead, the Recipient shall not in any way refer to the source of the Lead or identify its owner, except if, after the Recipient has used the Lead, a Lead approaches the Recipient with a request to disclose the source of the Lead. In that event, the Recipient shall be obliged to disclose the name of the owner of the Lead.
13.14
Internet BV shall have the right to discontinue making Leads available if it becomes apparent that the Recipient is acting contrary to these terms and conditions or the provisions of the agreement. In that event, Internet BV shall be entitled to charge the costs incurred and Internet BV shall not in any way be liable for damages towards the Recipient.
Internet BV shall have the right to discontinue making Leads available if it becomes apparent that the Recipient is acting contrary to these terms and conditions or the provisions of the agreement. In that event, Internet BV shall be entitled to charge the costs incurred and Internet BV shall not in any way be liable for damages towards the Recipient.
13.15
The Recipient acknowledges that breach of the terms and conditions applicable to the agreement for the transfer of Leads causes Internet BV irreversible damage that cannot be assessed with certainty, and declares that, in the event of a failure, it shall pay Internet BV a penalty of twenty-five thousand euros (€25,000) per breach, without prejudice to Internet BV’s right to compensation for damage exceeding that amount and without prejudice to any other rights accruing to Internet BV.
The Recipient acknowledges that breach of the terms and conditions applicable to the agreement for the transfer of Leads causes Internet BV irreversible damage that cannot be assessed with certainty, and declares that, in the event of a failure, it shall pay Internet BV a penalty of twenty-five thousand euros (€25,000) per breach, without prejudice to Internet BV’s right to compensation for damage exceeding that amount and without prejudice to any other rights accruing to Internet BV.
13.16
The Recipient shall indemnify Internet BV against, and protect and defend Internet BV from, any and all claims, damages, fines, losses, costs and the like resulting from or connected with the use of the Leads by the Recipient.
The Recipient shall indemnify Internet BV against, and protect and defend Internet BV from, any and all claims, damages, fines, losses, costs and the like resulting from or connected with the use of the Leads by the Recipient.
13.17
In the event of data processing to be carried out by the Recipient, Internet BV shall remain the controller responsible for the data processing. The Recipient shall have no independent control over the data processed by Internet BV pursuant to the agreement.
In the event of data processing to be carried out by the Recipient, Internet BV shall remain the controller responsible for the data processing. The Recipient shall have no independent control over the data processed by Internet BV pursuant to the agreement.
13.18
At the Recipient’s first request, Internet BV shall inform the Recipient whether any processing of personal data within the framework of the agreement has been notified to the Dutch Data Protection Authority.
At the Recipient’s first request, Internet BV shall inform the Recipient whether any processing of personal data within the framework of the agreement has been notified to the Dutch Data Protection Authority.
13.19
The Recipient shall, like Internet BV, ensure appropriate technical and organisational measures to secure personal data against loss or against any form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures shall guarantee an appropriate level of security in view of the risks presented by the processing and the nature of the data to be protected. The Recipient shall enable Internet BV, at Internet BV’s first request, to inspect the measures taken.
The Recipient shall, like Internet BV, ensure appropriate technical and organisational measures to secure personal data against loss or against any form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures shall guarantee an appropriate level of security in view of the risks presented by the processing and the nature of the data to be protected. The Recipient shall enable Internet BV, at Internet BV’s first request, to inspect the measures taken.
13.20
If the Recipient processes or causes the processing of Internet BV’s data in another Member State of the European Union, it shall do so or have this done in accordance with the laws and regulations of the Member State concerned. The Recipient shall process or cause the processing of Internet BV’s data in a country outside the European Union only after prior written consent from Internet BV.
If the Recipient processes or causes the processing of Internet BV’s data in another Member State of the European Union, it shall do so or have this done in accordance with the laws and regulations of the Member State concerned. The Recipient shall process or cause the processing of Internet BV’s data in a country outside the European Union only after prior written consent from Internet BV.
13.21
The Recipient’s duty of confidentiality, pursuant to Article 12 of the Dutch Personal Data Protection Act, may only be set aside (a) where a statutory provision requires data to be provided, (b) within the framework of the performance of this agreement, or (c) where an officer designated by Internet BV has indicated to the Recipient that disclosure is necessary.
The Recipient’s duty of confidentiality, pursuant to Article 12 of the Dutch Personal Data Protection Act, may only be set aside (a) where a statutory provision requires data to be provided, (b) within the framework of the performance of this agreement, or (c) where an officer designated by Internet BV has indicated to the Recipient that disclosure is necessary.
ARTICLE 14. DATA SUPPLIED BY THE CLIENT
14.1
The Client warrants the accuracy and completeness of the data supplied by the Client. The Client guarantees that the documentation supplied by the Client contains no personal data or other information traceable to a person, but exclusively anonymised data.
The Client warrants the accuracy and completeness of the data supplied by the Client. The Client guarantees that the documentation supplied by the Client contains no personal data or other information traceable to a person, but exclusively anonymised data.
14.2
The Client declares and guarantees that the documents prepared by it are not misleading or otherwise contrary to applicable laws or regulations.
The Client declares and guarantees that the documents prepared by it are not misleading or otherwise contrary to applicable laws or regulations.
14.3
The Client declares and guarantees that it shall at all times act carefully and lawfully towards third parties, in particular by respecting the intellectual property rights and other rights of third parties, respecting the privacy of third parties, not disseminating data contrary to the law, not obtaining unauthorised access to systems, not distributing viruses or other harmful programs or data, and refraining from criminal offences and from breaches of any other statutory obligations resting upon it.
The Client declares and guarantees that it shall at all times act carefully and lawfully towards third parties, in particular by respecting the intellectual property rights and other rights of third parties, respecting the privacy of third parties, not disseminating data contrary to the law, not obtaining unauthorised access to systems, not distributing viruses or other harmful programs or data, and refraining from criminal offences and from breaches of any other statutory obligations resting upon it.
14.4
The Client shall indemnify Internet B.V. and fully compensate it against all damage arising from claims against Internet B.V. as a result of failure to comply with the guarantees in the preceding paragraphs of this Article.
The Client shall indemnify Internet B.V. and fully compensate it against all damage arising from claims against Internet B.V. as a result of failure to comply with the guarantees in the preceding paragraphs of this Article.
14.5
Without prejudice to the other statutory and contractual rights of Internet B.V., Internet B.V. shall be entitled, in the event of a breach of the provisions of the preceding paragraph of this Article, to deny the Client immediate access to its systems.
Without prejudice to the other statutory and contractual rights of Internet B.V., Internet B.V. shall be entitled, in the event of a breach of the provisions of the preceding paragraph of this Article, to deny the Client immediate access to its systems.
14.6
Internet B.V. shall at all times be entitled to take measures in respect of an act or omission by or at the risk of the Client, in order to prevent liability towards third parties or to limit the consequences thereof.
Internet B.V. shall at all times be entitled to take measures in respect of an act or omission by or at the risk of the Client, in order to prevent liability towards third parties or to limit the consequences thereof.
14.7
The Client shall, immediately and at Internet B.V.’s first request, remove data and/or information from Internet B.V.’s systems, failing which Internet B.V. shall be entitled to remove the data and/or information itself or render access to the data and/or information impossible.
The Client shall, immediately and at Internet B.V.’s first request, remove data and/or information from Internet B.V.’s systems, failing which Internet B.V. shall be entitled to remove the data and/or information itself or render access to the data and/or information impossible.
A copy of these general terms and conditions will be sent by Internet B.V. to the Client free of charge upon request and is available for download and printing via all websites operated by Internet B.V. The General Terms and Conditions were filed with the District Court of Oost-Brabant on 06-01-2022.