Algemene voorwaarden ME. Media Engineering.
Article 1 Definitions
In these general conditions the following terms have the following meanings, unless explicitly stated otherwise.
ME. Media Engineering: is based in Haarlem and registered with the Chamber of Commerce under number 53713966, user of these conditions; Client: the party of ME. media Engineering
Article 2 General
1. These conditions apply to any tender offer and agreement between ME. Media Engineering and Client to which ME. Media Engineering has declared these conditions applicable, insofar as these conditions have not been agreed upon in writing.
2. These conditions also apply to all agreements with ME. Media Engineering, which for implementing third parties (should) be, except by ME concerned. Media Engineering otherwise indicated.
3. Any deviations from these general conditions are only valid if they have expressly agreed in writing.
4. The applicability of any purchase or other conditions of the Client is explicitly rejected.
5. If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these terms and conditions apply. ME. Media Engineering and Client will then engage in dialogue to develop new rules to replace the invalid negotiable c.q. void provisions, bearing in mind the purpose and intent of the original provision (s).
6. If there is a situation which is not governed by these terms and conditions, should be assessed the situation in the spirit of the general conditions.
7. If ME. Media Engineering does not require strict compliance with these conditions, this does not mean that its provisions do not apply, or ME. Media Engineering, in any degree would lose the right to otherwise demand strict compliance with the provisions of these terms.
Article 3 Offers and Deals
1. All offers are without engagement unless a deadline for acceptance.
2. By ME. Media Engineering offers made are without obligation; they are valid for 14 days, unless otherwise indicated.
3. The prices and deals mentioned in the quotation apply only to the services mentioned therein and / or business and / or software. If that which is described in the offer other services and / or products and / or software is / are provided, they will be charged as additional work / cost more. Additional work must in any case be understood changes to the (system) specifications to include the functional design of customized software and / or amended draft of the website after they have been approved by the Client, as well as the work that emerged from ao aforementioned changes.
4. ME. Media Engineering can not be held to its offers if the Client can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error.
5. ME. Media Engineering is entitled to cast offers, promotions and / or offers to withdraw prematurely, provided that it is not written by the Principal / accepted.
6. The prices in these offers are exclusive of VAT and other government levies, as well as other costs incurred in connection with the Agreement, including shipping and handling, unless otherwise indicated. All costs arising from government measures such as – but not exclusively – safety or authorizations will be borne by the Client.
7. If the acceptance (on secondary items) from the offer included in the quotation is ME. Media Engineering is not bound. The agreement is not with deviating acceptance, unless ME. Media Engineering indicates otherwise.
8. A compound quotation ME. Media Engineering not to execute part of the assignment against a corresponding part of the price.
9. Offers or quotations do not automatically apply to future assignments.
Article 4 Contract; implementation of the agreement
1. The agreement between ME. Media Engineering and a client is for an indefinite period, unless otherwise or if the parties expressly agree otherwise in writing the nature of the agreement.
2. ME. Media Engineering will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship. ME. Media Engineering can not be obliged to carry out an agreement which violates a law or is contrary to a legal obligation, morality or to generally accepted in society.
3. If and insofar as the proper execution of the agreement requires, ME has. Media Engineering to perform certain work right by third parties.
4. The client shall ensure that all data, where ME. Engineering media requests and / or which Client should reasonably understand to be necessary to the execution of the agreement in a timely manner to ME. Media Engineering are provided. Among means timely manner: within five working days of the request for information / order confirmation, unless otherwise agreed in writing or if a shorter term arises from the nature of the assignment. If the implementation of the agreement required information untimely ME. Media Engineering are provided, ME has. Media Engineering the right to suspend and / or the additional costs according to the usual rates resulting from the delay to the client account on the implementation of the agreement.
5. ME. Media Engineering is not liable for damages of any kind, because ME. Media Engineering worked on the basis of incorrect and / or illegal and / or incomplete data provided by the Client. The Client is therefore responsible for the correctness and legality of the ME. Media Engineering supplied data and documentation.
6. It is ME. Media Engineering at all times allowed to take (technical) measures to protect the software.
7. If it is agreed that the Client in connection with the execution of the contract equipment and / or materials and / or data and / or data carriers to ME. Media Engineering makes available, the Client is obliged to ensure that they meet the specifications required for the execution of the contract. Where is ME. Media Engineering at the request of the Principal its services using telecommunication facilities, the Client is responsible for the correct choice and timely availability of this is ME. Media Engineering is not liable for any corruption or loss of data or processing results during the transmission of data using telecommunication facilities.
8. If it is agreed that the agreement in stages can be carried ME. Media Engineering the execution of those parts belonging to a following stage until the Client the results of the preceding phase in writing.
9. Within the duration of the agreement a deadline for the completion of certain activities, this is never a deadline. Exceeding the time limit should Principal ME. Media Engineering, therefore, to set in writing. ME. Media Engineering is not liable for the consequences of exceeding the date on which the contract is to be completed.
10. If by ME. Media Engineering or ME. Media Engineering engaged third parties under the contract work is performed at the location of the Client or a location designated by the Client, Client shall provide free of charge by those employees reasonably required facilities.
11. The Client will indemnify ME. Media Engineering for possible claims by third parties who may sustain in connection with the execution of the agreement and attributable to the Client.
12. Unless the parties agree otherwise or the nature of the contract, otherwise, shall be deemed delivery / acceptance to have taken place at the time of equipment and / or software and / or web site (s) on the specified client (web) address delivered / placed / installed.
Article 5 Fee
1. The parties may agree a fixed fee at the conclusion of the agreement.
2. If no fixed fee is agreed, the fee will be determined on the basis of hours actually worked. The fee is calculated according to the usual hourly rates of ME. Media Engineering, applicable to the period in which the work is being done, unless a deviating hourly rate has been agreed.
3. The fee and any cost estimates are exclusive of VAT.
4. With respect to assignments with a duration of more than three months ME. Media Engineering is entitled to charge the payable periodically charge, without prejudice to Article 7.1. for ongoing services such as search engine optimization (SEA, SEO) (see Article 13) states that the fee monthly in advance will be charged. In the case of hosting and domain name is the time each year, in the case of Updates and Upgrades is the time every quarter for the duration of min. 1 year.
5. If ME. Media Engineering and the client agree upon a fixed fee or an hourly rate, ME. Media Engineering nevertheless be entitled to increase this fee or rate.
6. Furthermore ME. Media Engineering entitled to pass on price increases if itself have increased between the time of sale and delivery with respect to, eg. Wages. Also increases by at ME. Media Engineering hired or of third parties to including hosting providers and domain name registrant may by ME. Media Engineering be made without notice.
7. Moreover, ME may. Media Engineering increase the fee when during the execution of the work that the originally agreed was or expected amount of work insufficiently assessed at the conclusion of the contract, and this is not attributable to ME. Media Engineering, which not reasonably ME. Media Engineering can be expected to do the work agreed at the originally agreed fee. ME. Media Engineering Client will in that case the intention to increase the fee or rate inform. ME. Media Engineering will mention the size and the date on which the increase will take effect.
Artikel 6 Wijziging van de overeenkomst
1. Indien tijdens de uitvoering van de overeenkomst blijkt dat het voor een behoorlijke uitvoering noodzakelijk is om de te verrichten werkzaamheden te wijzigen of aan te vullen, zullen partijen tijdig en in onderling overleg tot aanpassing van de overeenkomst overgaan. Indien de aard, omvang, of inhoud van de overeenkomst, al dan niet op verzoek of aanwijzing van Opdrachtgever, van de bevoegde instanties, et cetera, wordt gewijzigd- en de overeenkomst daardoor in kwalitatief en/of kwalitatief opzicht wordt gewijzigd – dan kan dit consequenties hebben voor hetgeen oorspronkelijk overeengekomen werd. Daardoor kan het nodig zijn het oorspronkelijk overeengekomen honorarium te verhogen of te verlagen en/of uitvoeringstermijnen aan te passen. Opdrachtgever aanvaardt de mogelijkheid van wijziging van de overeenkomst, daaronder begrepen wijziging in prijs en termijn van uitvoering.
2. Indien de wijziging van of aanvulling op de overeenkomst financiële en / of kwalitatieve consequenties zal hebben, zal ME. Media Engineering Opdrachtgever hierover inlichten.
3. Indien een vast honorarium is overeengekomen zal ME. Media Engineering daarbij aangeven in hoeverre de wijziging of aanvulling van de overeenkomst een overschrijding van dit honorarium tot gevolg heeft.
4. In afwijking van het voorgaand zal ME. Media Engineering geen meerkosten in rekening kunnen brengen indien de wijziging of aanvulling het gevolg is van omstandigheden die aan ME. Media Engineering kunnen worden toegerekend. In alle andere gevallen zullen meerkosten wel door ME. Media Engineering in rekening kunnen worden gebracht.
Article 7 Payment – Dissolution
1. Payment must be made within fourteen (14) days after the invoice date, on by ME. Media Engineering way to be indicated. ME. Media Engineering is entitled to invoice periodically (weekly / monthly). ME also. Media Engineering entitled to require for starting work and advances to charge. The advance amounts to at least 50% of the offered amount and is due within seven (7) days after acceptance of the offer to be satisfied. ME. Media Engineering is entitled to postpone the commencement of its work or – if it has already started its work – the work to be suspended until such time as the advance payment was received on her behalf.
2. For services like hosting and domain name registration and search engine optimization is that it in monthly installments at the end of each month in advance must be paid. For service updates and upgrades, a period of three months must be paid in advance.
3. If the Client is in default, then the client is legally in default. Client shall owe an interest of 15% per month. The interest on the amount due will be calculated from the time the Client is in default until the moment of payment of the full amount.
4. In the event of liquidation or bankruptcy, seizure in, or suspension of payment of the Client’s claims against ME. Media Engineering at the Customer immediately due and payable.
5. Client is never entitled to setoff, discount or suspension of the amount due to ME. Media Engineering owed. Objections to the (level of) bill to suspend the payment obligation.
6. If the Customer is in default or fails to fulfill any of its obligations, then all reasonable costs incurred in obtaining payment out of court on behalf of the Client. The extra costs are calculated on the basis of the Law on Standardisation Extrajudicial collection costs, representing 15% of the invoice amount with a minimum of € 40, -. If ME. Media Engineering, however, has made higher costs for collection has been reasonably necessary, the actual costs for reimbursement. Any judicial and execution costs will also be recovered from the Client. The Client will also owe interest on the collection costs.
7. Payments made by Client are primarily deducted from the costs, then the interest due and finally the principal and accrued interest.
8. Without prejudice to keep the grants associated with any use of the option, as previously described, the present agreement is concluded for an irrevocable and irreducible term. The client may decide to terminate the agreement subject to the payment of a termination fee equal to 60% of the not yet due (monthly) payments. In all other cases of early contact broken by the act, offense or suspension (by whatever kind) by the client, this is bound to ME. Media Engineering, by way of liquidated damages to be paid a sum equal to 60% of the not yet due (monthly) payments. The total price of the Agreement represents towards ME. Media Engineering include a contribution to its operating costs, costs of personnel, its acquisition and financing costs, the cost for realization of the website and / or webshop, its administrative and accounting management.
9. Failure to timely delivery of materials by the client for ME. gives customer the right to defer payment until the requirement is met. ME. reserves the right to still bill the remainder (last) of 50% or all of the invoice amount, even if it means that services can not be operated.
Article 8 Retention of title
1. under the agreement by ME. Media Engineering supplied, including possibly also designs, sketches, drawings, films, software, (electronic) files, etc., which by ME. Media Engineering are supplied with the intention to transfer full ownership at any time over to the client – remain the property of ME. Engineering Principal media until all obligations with ME. Media Engineering concluded agreements fulfilled.
2. Client is not authorized the delivery, which falls under the title pursuant to paragraph 1, by selling (except as part of normal business activities), to be used as currency, pledge or otherwise encumber.
3. If third parties seize the rights thereto or wish to establish delivered under retention of title or exercise, the Client must ME. Media Engineering as soon as reasonably may be expected to inform.
4. The Client undertakes to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request for inspection.
5. ME. Media Engineering delivered goods which, under the under paragraph 1 of this article, are subject to retention of title may only be sold in the course of normal business activities and must never be used as currency.
6. Notwithstanding the provisions remain above by or on behalf of ME. Media Engineering developed scripts and programs used and / or the creation of a website, owned by ME. Media Engineering. Also (rights) images / photos, which by or on behalf of ME. Media Engineering are made or supplied at the request of the Client and within the framework of the contract – whether or not for a certain period – be made available to the Client remain the property of ME. Media Engineering or the supplier of the photo / image, unless otherwise agreed.
7. In the event that ME. Media Engineering wishes to exercise his ownership rights mentioned in this article, the Client gives now for then, unconditional and irrevocable permission to ME. Media Engineering or by assigning it to a third party to enter those places where the property of ME. Media Engineering slide is located and to take back business with.
Article 9 Lien
1. ME. Media Engineering is entitled to the delivery of goods which it received on the part of the Client to be suspended until the moment that the Client all payments to ME. Media Engineering has met.
Article 10 Inspection & Complaints
1. Complaints about the work should reach the Client within 8 days after discovery, but no later than 14 days after completion of the work concerned to be reported in writing to ME. Media Engineering. The notice must contain a detailed description of the failure, so ME. Media Engineering is able to adequately respond and investigate the complaint.
2. If a complaint is justified, ME will. Media Engineering yet do the work as agreed. ME. Media Engineering is to be made to repair any defects within a reasonable time client the opportunity, unless this has become demonstrably useless for the Client. The latter must be made in writing by the Client.
3. If a complaint after investigation by ME. Media Engineering proved to be unfounded, then the costs thereby incurred, including research costs on the part of ME. Media Engineering, for the account of the Client.
4. If the Client timely complaint, suspend its payment obligation.
5. If the performance of the agreed work is no longer possible or useful, ME will. Media Engineering are liable only within the limits of Article 13.
6. Notwithstanding the statutory limitation periods, the limitation of all claims and defenses against ME is. Media Engineering and by ME. Media Engineering for the implementation of a third party, a year.
Article 11 Suspension, termination and (interim) termination
1. ME. Media Engineering’s powers to suspend or terminate the agreement on the fulfillment of the obligations, if: – Client does not timely or not fully comply with its obligations under the agreement; – After the conclusion of the contract ME. Media Engineering circumstances become known to give good reason to fear that the Client will not fulfill its obligations; – Principal at the conclusion of the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security fails or is insufficient; – The delay on the part of the Client no longer ME. Media Engineering can be expected to fulfill the contract against the originally agreed conditions
2. Furthermore, ME. Media Engineering entitled to (do) dissolve the agreement if circumstances arise of such nature that fulfillment of the contract impossible or 1/2 to standards of reasonableness and fairness can no longer be expected or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
3. If the agreement is dissolved, the claims of ME. Media Engineering at the Customer immediately due and payable. If ME. Media Engineering suspends fulfillment of the obligations, ME reserves. Media Engineering her rights under the law and agreement.
4. If ME. Media Engineering proceeds to suspension or dissolution, is ME. Media Engineering in no way liable for damages and costs it incurred in any way.
5. If the dissolution of the Customer is accountable, is ME. Media Engineering entitled to claim damages, including costs, thereby directly and indirectly.
6. If the Customer does not fulfill his obligations under the contract and justifies this failure dissolution, then ME. Media Engineering is entitled to terminate the agreement with immediate effect, without any obligation to pay any damages or compensation, while the Client, by virtue of default, it is but for damages or compensation required.
7. ME. Media Engineering is entitled to (interim) termination of the contract. If the agreement (prematurely) terminated by ME. Media Engineering, ME will. Media Engineering in consultation with the Client, arrange for transfer of additional work to third parties. Unless the termination is attributable to the Client. If the transfer of work for ME. Media Engineering extra cost entails, they will be charged to the Client. The Client shall pay such costs within the period mentioned, unless ME. Media Engineering indicates otherwise.
8. In case of liquidation, (application of) receivership or bankruptcy of attachment – if and where the herd is not lifted within three months – against the Client of debt or other circumstance that Customer does not freely his power may have, it is ME. Media Engineering free to the agreement to terminate with immediate effect or to cancel the order or agreement without any obligation to pay any damages or compensation. All claims of ME. Media Engineering at the Principal in that case immediately due and payable.
9. If the Client fully or partially cancels an order placed / order, already will be carried out and the already reserved time, and the costs already incurred, integral to the Client will be charged.
10. Notwithstanding the preceding paragraphs, – if there are one or more of the cases occurring referred to in the preceding paragraphs – the Client to ME. Media Engineering Deposits paid / advance not returned.
11. With regard to the service hosting and search engine optimization applies in respect of the termination by the Client Article 14.
Article 13 Liability.
1. The liability of ME. Media Engineering for all direct damages and costs, which caused / or are directly related / account of shortcomings in the implementation of the Agreement, shall at all times be limited to the invoice amount. In a (sub) contract with a duration longer than six months, the liability is also further limited to the last six months chargeable fee part. In any case, if a circumstance would be covered by an ME. Media Engineering liability insurance, liability is limited to the insurance policy in the common case, possibly to increase (if any) with the excess.
2. Direct damage is exclusively: – the reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions; – The reasonable costs incurred for the poor performance of ME. Media Engineering at to let the contract, unless it is not ME. Media Engineering can be attributed; – Reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage under these conditions.
3. ME. Media Engineering is never liable for indirect damages and costs, which caused / by or directly related / account of a lack of (the / the) absence and / or delivered goods or services, including – but not exclusively – consequential damages, lost profits, lost savings and damage due to business interruption.
4. ME. Media Engineering is not liable for viruses, spam, hacking, etc., which are located at any time / place on the equipment and / or software and / or website of the Client, except in cases of willful misconduct or gross negligence on the part of ME . Media Engineering.
5. ME. Media Engineering is not responsible for the dysfunction of a website or software if it has to do with work, errors or otherwise attributable to the provider.
6. Notwithstanding the foregoing, ME. Media Engineering not liable for the consequences of events in which the Principal ME. Media Engineering can not influence.
7. ME. Media Engineering is not liable for (the consequences of) printing or typographical errors in operating manuals, on websites, manuals, pictures, et cetera.
8. ME. Media Engineering is not liable for defects and / or damage, etc. of equipment, documents, materials or other goods of customer, what ME. Media Engineering in the context of the execution of the command has in its possession. If requested, must itself be adequately insure such goods / materials.
9. By ME. Media Engineering performed / work to be done relating to customized software, can be qualified as effort commitments. ME. Media Engineering is partly for that reason not liable if and to the extent that the final result of the performance of ME. Media Engineering does not meet its expectations, except as otherwise to standards of reasonableness and fairness.
Article 14 Hosting
1. Hosting is understood in this context: take all possible services related to web hosting, domain name registration and the maintenance thereof, server services and other services that can be included in hosting in general.
2. ME. Media Engineering is hosting also depends on the cooperation, services and deliveries of third parties, where ME. Media Engineering little or no influence on.
3. For periodic maintenance, updates etc. is entitled to the host servers (thus the information of the client) to be unavailable. Client must tolerate some degree of inconvenience them.
4. If the servers for a long time to be decommissioned, ME will. Media Engineering the client about as much information as possible and provide information on the expected downtime.
5. ME. Media Engineering is not liable for any damage that the Client may suffer in connection with the decommissioning of a server or errors of its “hosting provider”, including the website being temporarily can not be found or that the information on the Client’s website has disappeared and / or the Client for a certain period can not establish e-mail traffic. ME. Media Engineering will be in a particular case where there is no regular or routine maintenance by the hosting provider – and if and insofar as ME. Media Engineering Client shall be promptly informed – efforts to come in consultation with the supplier for a speedy solution / recovery. ME. Media Engineering is in no way liable for malfunctions in the network of Client itself.
6. “Hosting” service is entered into for a period of one year. Three months before the expiry of the deadline, the service (or – if required – individual parts of the service) be terminated by Customer at the end of the current period. In an earlier termination of the hosting (or part thereof) is ME. Media Engineering is entitled to 50% of the not yet expired terms suddenly charge.
Article 15 Safeguarding
1. Client shall indemnify ME. Media Engineering from third parties, in connection with the execution of the Agreement suffer loss and whose cause other than ME. Media Engineering is accountable. These include for example also includes the infringement of any rights of third parties in domain name registration and copyright infringement, et cetera.
2. If ME. Media Engineering for this reason should be addressed by third parties, the Client shall ME. Media Engineering, both outside and in law to assist and immediately what to do for the Client in that case can be expected, even in the context of diversion procedures, etc. All costs and damages on the part of ME. Media Engineering, arising from any claim, are for the account and risk of the Client.
3. If the Client to ME. Media Engineering data carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.
Article 16 Guarantees
1. ME. Media Engineering guarantees reasonably proper functioning of the software provided to the Client and Web sites for three months after completion ready for use. The guarantee means that significant deviations from the agreed specifications, which could not reasonably be detected by the Client in the period prior to the completion, by ME. Media Engineering be repaired free of charge. During a period of three months after acceptance will be ME. Media Engineering best to rectify any defects if the software is not the functional design or the website (s) does not meet / satisfy the design. ME. Media Engineering does not warrant that the software and / or the website (s) without interruption or defects or that any defects will be improved. Only if the software and / or the website (s) developed a fixed price or a maintenance agreement will such restoration be carried out without further costs, unless there have been operating errors on the part of the Client or other not ME. attributable Media Engineering causes.
2. If the delivered equipment / software by ME. Media Third Party Engineering is concerned, this is only guaranteed in accordance with the relevant supplier / manufacturer to ME. Media Engineering granted and fulfill warranty.
3. The guarantees do not apply:
– By incorrect, careless or improper use;
– If things notwithstanding instructions of ME. Engineering media may be used;
– With changes, repairs or additions by the Customer or a third party without the consent of ME. Media Engineering be implemented;
– At (another) circumstance / circumstances that beyond the sphere of ME. Media Engineering is; – If the Client its obligations to ME. Media does not comply Engineering.
Article 17 Transfer of Risk
1. The risk of loss or damage to the goods being the subject of the agreement shall pass to the Client at the moment they are delivered legally and / or factually Client and thus the power of Client or a Client to designate a third party be brought. The Client is also obliged in that context to make their own backups by ME. Media Engineering for Customer crafted website (s), the information listed on the website (s), software and any other information, pictures or other documents / files. ME. Media Engineering is not responsible for loss of such information or data.
Article 18 Force Majeure
1. ME. Media Engineering is not obliged to fulfill any obligation if prevented from doing so due to a circumstance that is not due to debt, and neither under the law, a legal act or generally accepted practice expense in traffic.
2. Force majeure is defined in these terms and conditions in addition to that which is in the law and jurisprudence, all external causes, foreseen or unforeseen, which ME. Media Engineering can not influence but which prevents ME. Media Engineering is unable to fulfill his obligations. Strikes in the company of ME. Media Engineering are included.
3. ME. Media Engineering is also entitled to invoke force majeure if the circumstance rendering (further) fulfillment occurs after ME. Media Engineering should have fulfilled its obligations.
4. The parties may suspend the contract obligations continuing for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to pay damages to the other party.
5. Insofar ME. Media Engineering at the time of the now partial force majeure its obligations under the agreement is fulfilled or will fulfill this, and deserves to fulfill or to meet part independent value, ME. Media Engineering is entitled to invoice the part already fulfilled or to be fulfilled. Client is obliged to pay this invoice as if it were a separate agreement.
Article 19 Confidentiality
1. Both parties are obliged to disclose any confidential information they obtained in the course of their agreement from each other or from another source. Information is confidential if it is notified by the other party or if this results from the nature of the information.
2. If, pursuant to a statutory provision or a court order, ME. Media Engineering held confidential information to by law or by the court designated third parties also provide, and ME. Media Engineering are party can not invoke a legal or recognized by the competent judge or permitted to change, then ME. Media Engineering is not liable for damages or compensation and the other party is not entitled to terminate the agreement pursuant to any resulting damage.
Article 20 Staff
1. The Client undertakes, for the duration of a by ME. Media Engineering to be executed as well as during a period of twelve (12) months after ME. Media Engineering has sent a final bill without written permission of ME. Media Engineering no employees at the time of the contract (s) service or for ME. Media Engineering were employed to engage or make any other means of their services, all this under penalty of a fine of € 25,000, -.
Article 21 Intellectual Property and Copyrights
1. Notwithstanding the other provisions retain in these conditions ME. Media Engineering the rights and powers for ME. Media Engineering is entitled under the Copyright Act and other laws and regulations in the field of intellectual property.
2. All ME. Media Engineering documents, such as reports, advice, agreements, designs, sketches, drawings, software, etc., are intended to be used by the Client. The Client is prohibited without the prior written permission of ME. Media Engineering reproduce, publish, or make any manner to third parties, unless otherwise arises from the nature of the documents.
3. ME. Media Engineering reserves the right to use the execution of the work increased knowledge for other purposes, provided that no confidential information from the client is notified to third parties.
Article 22 Source Codes
1. the (custom) software related source codes are not in principle by ME. Media Engineering transferred ownership to the Client, unless expressly agreed otherwise in writing.
2. If the source codes are transferred to the other party, ME reserves. Media Engineering reserves the right to use them for at all times. This user right could include information on the performance of the ME by. Media Engineering to carry out maintenance to third parties under by ME. Media Engineering with third parties entered into service agreements with respect to the relevant software.
Article 23 Designs and models / promotion
1. Is the Client shown or given a design or model, it is assumed to be provided as an indication, unless it is expressly agreed that what will be delivered will correspond.
2. ME. Media Engineering, unless otherwise agreed, the right to take on a developed site or designs it has produced for the client, to promote in its portfolio.
3. Slight deviations in regard to the final software and / or website, both in terms of content, color, size, quality and workmanship, did not give the Client the right job or reject the product, (to) terminate the contract and / or compensation of ME. Media claim Engineering.
4. Client agrees that through Me. Media Engineering at the website of the Customer a reference to the name and website of ME. Media Engineering can be placed. This reference may consist of placing the name “Created by: Me. Media Engineering “or something similar text and / or a visible logo with link to the ME website. Media Engineering in the footer of the website or – in consultation with the client – in a different spot on the Client’s website.
Article 24 Governing law, jurisdiction and disputes
1. Any agreement between ME. Media Engineering and Client is governed by Dutch law.
2. The parties will only appeal to the courts after they settle have done their utmost dispute in mutual consultations.
3. The judge in the place of ME. Media Engineering has exclusive jurisdiction to hear disputes, unless the District Court is competent. In this latter case the previously applicable rules of jurisdiction. Nevertheless ME has. Media Engineering always has the right to submit the dispute to the competent court according to law.
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