Terms and conditions MoreCores.com
Page 1 of 12 Last updated February 21 th, 2017
These Terms and Conditions apply to all offers and agreements between the Supplier and Customer, unless agreed otherwise in writing. Provisions or conditions stipulated by the Client that deviate from or do not appear in these Terms are for Supplier only binding if and insofar as these have been accepted by Supplier in writing.
h/o HILJO STADT
1503 JH Zaandam
Chamber of Commerce NL 34214336.
VAT nr NL188967928B01
Phone +31 75 7716670
1.2. Client: the natural or legal person who has entered into or to whom the Supplier has issued a tender for this purpose an agreement with the Supplier.
1.3. Conditions: The provisions of the present document. 1.4. Service: Render Service; converting a file in visual graphical form, entertainment (consecutive series of pictures, frames) as well as in single visual form, image (frame).
1.5. Agreement means the agreement between the Supplier and Customer will conduct under which the Service Supplier.
1.6. Materials: By Supplier mobilized to work as house styles, logos, images, audio, video, software, scripts, designs, documentation, analyzes, opinions, reports, proposals and preparatory materials.
1.7 Render Result: The product of the Service.
Article 2. Offer and Acceptance
2.1. Supplier will prepare an offer for a contract in which it indicates what is included in the Service and the amounts payable therefor. Only is the binding of the Service description set in the offer. Adaptation of the definition of the Service shall constitute an amendment to the Agreement.
2.2. A Quotation is valid for 14 days after dispatch by the Supplier, unless otherwise specified in the offer.
2.3. An offer expires if it is found that incorrect information provided by the Client, or if it appears that the person who accepts it is not qualified. If, after receipt of an acceptance that that data is not authorized error or a person, the Supplier is entitled the Agreement with immediate effect in accordance with Article 13.
2.4. Client must accept the offer by one of the Supplier designated channels and observe the terms and conditions. The Agreement shall be incurred at the moment when the acceptance notification of the offer is received by the Client by the Supplier through a designated channel.
2.5. Morecores.com can carry out a risk assessment prior to the commencement of the delivery of the Service at any time, where they can test include the creditworthiness of the (potential) Client. If still has been no risk assessment for the time of acceptance in accordance with
Article 2.4, the agreement is entered into under the condition that a negative outcome following the risk assessment prior to delivery of the Service.
An offer may be refused in any case Morecores.com or said condition precedent is fulfilled, if:
a risk assessment for Morecores.com risks proves that it is not prepared to accept reasonable; b The Principal is incapacitated; c Client fails to fulfill an obligation laid down in these Terms and Conditions, or is likely that he will not fulfill such an obligation and non-compliance justifies the refusal;
d the applicant fails to provide or has failed under previous legal relationships with Morecores.com; At the request of the client refused Morecores.com will motivate the refusal.
2.6. Acceptance of an offer by electronic means is not possible until the Client enter an email address and the Supplier has verified that the address works and belonging to the Client. After acceptance, the Supplier may use this email address for all communication relating to the Agreement (see section 3.3).
2.7. If Customer does not explicitly accepts the offer, but nevertheless agrees, or gives that impression, that the Supplier work carried out under the Agreement, the offer despite the preceding paragraph shall be deemed accepted.
2.8. Additional terms may apply at specific parts of the Service. These will be timely Supplier available to the Client. Use of these components implies acceptance of these additional terms. In case of conflict between these Terms and the additional conditions prevail additional conditions.
Article 3. Implementation Service
3.1. After the conclusion of the Agreement, Supplier shall as soon as possible carry out the Service in accordance with the offer, taking into account the reasonable needs of the Client.
the Service must be made in advance, the Supplier is not obliged to supply these parts before payments are met.
3.2. Client is obliged to do all that and let whatever is reasonably necessary or desirable to permit a timely and proper execution of the Service. In particular, the Client shall ensure that all institutions Render of the contract are delivered correctly for processing by the Supplier. And erroneous or incorrect / incomplete Render settings are borne by the Client.
3.3. Principal must ensure that the Supplier at all times have a working email address of the client. Supplier may send all announcements and questions regarding the Agreement to this email address. Client mailbox is attached therefore regularly check this email address. It is not, or not timely respond to mails from the Supplier to this email address for the account of the Client.
3.4. Supplier specified period of delivery always approximations, unless expressly stated that it is a deadline. Exceeding the agreed delivery time by any cause whatsoever shall not entitle to compensation unless otherwise agreed in writing. The supplier is also at an agreed deadline, in default until the Client has made him written notice of default, subject to the prescribed situations the law in which the failure occurs by operation of law.
3.5. If that is part of the Service Supplier shall provide the Client with an administrative username and password and specify the purposes for which they are intended. With this data, the Client access to a customer portal that allows the Client to can manage its discretion supply of the Service and (if applicable) accounts for individual users can manage and the possibilities and limitations can define these individual users of the Service, all this within the tender offer or other Contractor accessible and recognizable location specified limits.
3.6. Without the consent of the Supplier, the Client is forbidden to release the user or created accounts provided by Supplier to third parties or other use than for the intended purposes. However, the client is entitled to let her auxiliary persons (such as web design agencies or programmers) of these accounts use, for instance to maintain its website.
3.7. Every action through the administrative account, the customer portal, an administration or an account of an individual user, is considered to be under the responsibility and risk of the Client. In case of suspected abuse of an account the Client must report this as soon as possible so that the Supplier can take these measures.
3.8. If and insofar as the proper execution requires from the Service Supplier has the right to have certain work to perform, or to provide services through third parties. The Supplier shall inform the Client about it in time. Any related unexpected additional costs are borne by the Client, unless otherwise agreed.
3.9. Supplier shall have the right supplies to discontinue or reduce service (temporarily) the Principal of the opinion provider in respect of the obligations toward supplier fails or acts in violation of these Terms and Conditions. Supplier may require the Client Security before they supply resumes (in full).
Article 4. Modifications and more / less work
4.1. All changes in the Service and all activities that fall outside the Service or at the request of the Client, either due to the fact that therefore another embodiment by which circumstances is necessary, when it added cost considered more work and far from it less costs exist as less work.
4.2. Gains and losses shall be invoiced based on actual costs to the Client according to the standard hourly rates as Supplier communicated to the Principal. It is rounded to the nearest quarter. Work of less than one quarter, however, rounded to one hour.
4.3. If Supplier has to do more work than agreed conditions should conduct her at the time of the offer or the acceptance were unknown thereof or work under conditions more difficult turn out to him at the conclusion of the Agreement was known or ought to be, is Supplier is entitled to charge the resulting additional cost to Client.
4.4. Condition for entitlement from the previous paragraph is that the Supplier has informed timely Principal, the aforementioned conditions and additional costs. If the Client does not unite with the can cost more concerned he has the right to cancel the not yet performed part of the additional work, but with no right to a refund or remission of the expenses already done more work.
Article 5. Availability of systems
5.1. The Service is (also) provided by systems and / or networks of Supplier, Supplier shall endeavor to achieve continuous availability of systems and networks, and to achieve access to data stored by the Supplier.
5.2. Supplier does not guarantee the continuous availability, unless otherwise agreed by means of a so-called Service Level Agreement. Unless otherwise provided in such a Service Level Agreement, the availability, the provisions of this Article.
5.3. Supplier has the right to temporarily out of use of the Service or parts thereof for the purpose of maintenance, modification or improvement thereof. Supplier shall try such decommissioning as much as possible outside office hours to take place and endeavor to Client timely notify the planned decommissioning. However, supplier is not liable for compensation for damages in connection with such decommissioning.
5.4. Supplier has the right to modify the Service or parts thereof from time to time to improve the functionality and to correct errors. If a modification leads to a significant change in functionality, Supplier shall endeavor to inform Client thereof. Any adjustments that are relevant to several clients, it is not possible to abandon only the Principal of a certain adjustment. Supplier shall not be liable for any damages caused by such modification.
5.5. The Supplier shall endeavor to ensure that the Customer can use the networks that are directly or indirectly connected to the network provider. Supplier can not guarantee that these networks are available at any time. The use of third-party networks to legal and contractual conditions attached. The Supplier shall endeavor to notify the Principal thereof in due time.
5.6. If in the opinion of the Supplier is a threat to the functioning of the computer or the network of supplier or third parties and / or services through a network, in particular by excessive sending e-mail or other data, poorly secured systems or virus, Trojans and similar software, the Supplier is entitled to take all measures it deems reasonably necessary to avert or prevent this danger.
5.7. In case of force majeure, which in any case includes malfunction or breakdown of the Internet, the telecommunications infrastructure, power failures, civil unrest, mobilization, war, traffic jams, strikes, lockouts, business interruptions, supply delays, fire, flood , import and export restrictions and, in the event that the Supplier by its own suppliers, for whatever reason, not to delivery is enabled which fulfillment of the agreement can not reasonably be required of the supplier, the implementation of the Agreement will be suspended, or terminate the Agreement if the force majeure situation has lasted longer than ninety days, without any obligation to pay compensation.
Article 6. Installation and maintenance of software
6.1. If the Service (also) intended to install, configure, and / or maintenance of software, Furthermore, the provisions applicable in this article. 6.2. Supplier will endeavor to keep the software used by the Department up to date. Supplier is so, however, depends on its supplier (s). Supplier is entitled to certain updates or patches do not install if a proper service is not beneficial to her opinion.
6.3. Supplier will endeavor to adapt the software from time to time to improve the functionality and to correct errors. With new functionality or changes the function of the software can substantially change the Supplier here first consult the Principal beforehand.
6.4. Supplier will endeavor to add new features and changes requested by the Client to the software. However, the Supplier is entitled to refuse such a request if it judges it is not feasible or proper operation, manageability or availability of the software can interfere.
6.5. If the Client independently wish to implement a change to the software, you do so at your own risk and responsibility, unless the Client has previously notified to the Supplier the desired change and the Supplier has approved them in writing. Supplier may attach conditions to the approval.
Article 7. Intellectual property rights.
7.1 All intellectual property rights at all in the context of the Service developed or made available Render Results held exclusively by the Client, unless the client has not fulfilled his obligations. The Client reserves the right to receive the Render results yet after meeting its obligations.
7.2. All intellectual property rights at all in the context of the Service developed or made available Materials held solely by the Supplier or its suppliers.
7.3. Customer acquires only the user rights and responsibilities arising from the scope of the Agreement or granted in writing and otherwise the Client shall not reproduce the materials or made public.
7.4. The Client is not any indication concerning copyrights, trademarks, trade names or other intellectual property rights in removing the Materials or change, including statements regarding the confidentiality and secrecy of the materials.
7.5. The Supplier is permitted to take technical measures to protect the Materials. If Supplier through technical protection to secure the materials, the Client is not permitted to remove this protection or avoid.
7.6. If the Client to the Supplier submitted materials are protected by any intellectual property right, the Client guarantees at all times that he has all the licenses necessary for the provision and its intended use by the Supplier in the framework of the Service .
7.7. Supplier is entitled to make use of graphics, software and third-party components used in materials, including open source software. If the Client receives to reproduce these materials or to publish the law, the responsibility for proper compliance with the relevant licenses from third parties by the Client. Supplier shall notify Principal sufficiently of the applicable license terms.
7.8. If and only if this is explicitly agreed in writing, the source code or editable version (eg Word or Photoshop formats) developed materials and the corresponding documentation are made available to the Client and the Client is entitled in these materials changes to bring.
7.9. The Client is not permitted to sell, lease, sublicense, alienate the developed works or grant limited rights or in any manner or for any purpose to make available to a third party, even if the third party the software exclusively used for the Client, unless otherwise agreed in writing or in the event of and in conjunction with a sale of the business units or activities of the Principal.
Article 8. Confidentiality, Non Disclosure Agreement
8.1. The parties shall Materials for it, during or after the execution of the Agreement to each other confidential materials when they are marked as confidential or if the receiving party knows or should reasonably suspect that the materials were intended to be confidential. The parties also impose this obligation on their employees as well as third parties engaged by them to implement the Convention.
8.2. Supplier shall not take cognizance of any data stored and / or distributed by the systems supplier, unless this is necessary for the proper execution of the Agreement or supplier is obliged to do so under a statutory provision or court order. In that case Supplier shall endeavor so to minimize the notification of data, as far as lies within its power.
8.3. This obligation continues after termination of the Agreement for whatever reason, and that as long as the providing party can reasonably claim to the confidentiality of the Materials.
Article 9. Prices and payment terms
9.1. All prices exclude VAT and other levies imposed by the government. Prices on the Supplier’s website are subject to programming and typing errors. For the consequences of such errors no liability is accepted.
9.2. Supplier is entitled to adjust the rates at any time. Supplier shall Principal at least 3 (three) months in advance to notify tariff changes. Client with a price increase has the right to terminate the Agreement with a notice period of 1 (one) month and no later than the effective date of the price increase.
9.3 On the basis of the commitments by the Authority Consumer & Market (ACM) – Former OPTA (the group) Supplier imposed at the time of the entry into force of the Agreement between the Supplier and Customer prevailing market analysis decisions, the difference between the prices agreed in the Agreement and tariffs and the purchase prices of the Supplier to be large enough so that competing bidders to buy can make a competitive offer to purchase at the same Supplier.
Only if: 1, during the term of the Agreement will change or otherwise a change in the relevant legislation that affects (the operation of) one or more provisions of the Agreement,. or 2. due to an increase in purchase prices of supplier or a change in the composition of the portfolio of services to the Client under the relevant Supplier Agreement decreases the difference between the agreed prices and rates and the purchase prices of the Supplier is small, so competing bidders can not exercise competitive offer because they at Supplier at the same purchase price must purchase, the Supplier is entitled by giving written notice to the Client in connection with her thus deemed necessary change (s) to the terms and / or to bring charges. If the Client the change (s) do not agree, each party shall be entitled to terminate the Agreement relating to the date on which the amendment has to be implemented by the Supplier.
9.4. Supplier shall for all Principal amounts owed send invoices to the Client. Invoices are sent by e-mail unless Client requests invoices by post. When invoices by post Supplier is entitled to charge an administrative fee. This will be notified in advance.
9.5. If Client believes that (part of) an invoice is incorrect, the Customer must notify submit its objections within two weeks from the date of invoice to the Supplier. Supplier will then investigate the complaint and, if necessary, an adjusted invoice. During this investigation, the Client shall pay the undisputed portion of the bill within the original payment.
9.6. The payment of an invoice is fourteen days from the date of receipt of the invoice, unless otherwise indicated on the invoice or otherwise agreed in the Agreement.
9.7. If the Client does not pay on time, he’s starting 14 days after the payment is legally in default without requiring notice is required.
9.8. If an amount due is not paid within the payment on the outstanding invoice amount of statutory interest without further notice by the Supplier. It is also Principal obliged to pay in full all extrajudicial (collection) costs (including the costs incurred in preparing and sending reminders, conducting settlement negotiations and other acts in preparation of a possible legal proceedings) as well as court costs. The extrajudicial collection costs will be charged in accordance with the stipulations of Art. 6:96 BW.
9.9. The claim for payment is due immediately if the Customer is declared bankrupt, applies for suspension of payments or is placed total seizure of assets of the Client, the Client dies and furthermore, if it goes into liquidation or is dissolved.
9.10. In the above cases, and at least sixty days from the date of the declaration Supplier furthermore the right execution of the Agreement or any not yet performed part of it to terminate without notice or judicial intervention or to suspend, without any right to compensation for damage client
that might occur. This includes at least temporary or permanent discontinuation of the Service or parts thereof. Supplier may reconnection costs for renewed execution of the dispositions (parts of) the service charge.
Article 10. Liability
10.1. The total liability of the Supplier due to a shortcoming in the fulfillment of the agreement or by any legal basis whatsoever, expressly including any failure in the performance of a warranty obligation agreed with the Client is limited to direct damages up to the amount of the for that agreement stipulated price (excl. VAT). If the agreement is primarily a continuing performance agreement with a term exceeding one year, the agreed price for that contract is set at the total of the fees (excl. VAT) for one year. In no event shall the total liability of suppliers for direct damages, on what legal basis will also, however, more than the sum paid by the Principal amount for the Service.
10.2. The total liability of the Supplier for damage resulting from death, injury or material damage to objects shall never exceed the sum paid by the Principal amount for the service.
10.3. Supplier’s liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, loss due to business interruption, damage due to claims of customers, damage related to the use by the Client to the Supplier matters, materials or software third parties and damage relating to engagement of suppliers prescribed by the Customer to the Supplier is excluded. Also excluded is the liability of the supplier in connection with mutilation, destruction or loss of data or documents.
10.4. The exclusions set out in Article 10.1 to 10.3 and limitations of liability of Supplier affect the other exclusions and limitations of liability of the Supplier those described in these terms and conditions, completely unaffected.
10.5. The coming of Article 10.1 to 10.4 aforementioned exclusions and limitations apply if and insofar as the damage is due to willful misconduct or gross negligence of the management of the Supplier.
10.6. Unless performance is permanently impossible by the Supplier, the Supplier’s liability arises because of breach in the performance of a contract only if the Client Supplier immediately notice of default in which a reasonable time period for remedying the failure, and Supplier after that period attributable continues to fail to fulfill its obligations. The notice must contain the most complete and detailed description of the failure, that the Supplier is given the opportunity to respond adequately. 10.7. Condition for the existence of any right to compensation is always that Customer report the damage as soon as possible after it occurs in writing to the Supplier. Any claim for damages against the Supplier shall lapse after a period of twenty four months after the occurrence of the claim, unless the Client prior to the expiry of that period has brought an action for compensation for the damage.
10.8. Principal excludes supplier all claims from third parties for product liability due to a defect in a product or system by the Client to a third party has been delivered and that consisted Supplier equipment, software or other materials, except and insofar as the Client proves that the damage was caused by that equipment, software or other materials. 10.9. The provisions of this article as well as any other limitations and exclusions of liability set out in these terms and conditions shall also apply to the benefit of all (legal) persons whose Supplier engages for the execution of the agreement.
Article 11. Duration and Termination
11.1. The Agreement is entered into for a minimum period of duration of the Authority unless otherwise agreed in writing. Unless otherwise agreed in writing, the Agreement in the absence of a valid termination or explicit extension in time for a notice period of one month, tacitly renewed for a period of twelve months. If the Client is a natural person not acting in the exercise of profession or business, is tacit renewal for monthly subscriptions continue for a period of one month. However, renewal of registration of domain names is done by agreement registration period and at least annually.
11.2. Client must cancel via one of the channels, or designated by the Supplier (if this is not practicable) by registered letter.
11.3. Upon cancellation, termination, default or termination for any reason whatsoever, the Supplier is entitled immediately after the date on which the Agreement ends delete all stored data or make inaccessible and eliminate all accounts of the Customer. Supplier shall not be obliged in that case the Client to provide a copy of this information.
11.4. If the Client is a natural person not acting in the exercise of profession or business, the Client has the right, without giving reasons, to terminate the Agreement within fourteen days after the contract, unless the Supplier is already in agreement with the Client within this period started the implementation of the agreement.
11.5. If the Client any of its obligations under the Agreement does not fulfill the Supplier is entitled to the execution of all to suspend agreements concluded with the client in question without being required notice or judicial intervention and without prejudice to the Supplier’s right to compensation for damages, lost profit and interest, unless the infringement in question is of minor significance.
Article 12. Amendments Terms and Conditions
12.1. Supplier reserves the right to modify or supplement the right for this agreement.
12.2. Changes will also apply to existing agreements, subject to a period of 30 days after publication of the change on the Supplier’s website or by electronic notification. Minor changes can be implemented immediately.
12.3. If the Client a negative change for him does not want to accept these conditions, it is the date on which the new conditions become Supplier to inform. Supplier may change in question then withdraw after this for the Client will no longer apply. If the Supplier does not wish to withdraw the amendment, the Client is entitled to terminate the agreement by this date or on the date of receipt of the notice if it is after the effective date of the change.
Article 13. Final Provisions
13.1. This agreement is governed by Dutch law.
13.2. Unless otherwise prescribed by mandatory law, any disputes that may arise in connection with this Agreement shall be submitted to the competent Dutch court of the district in which the supplier is established.
13.3. If any provision of this agreement is null and void, this shall not affect the validity of the entire agreement. The parties will in such case to replace establish (a) new provision (s) that as much as legally possible is given to the intention of the original Agreement and General Conditions.
13.4. Information and statements are subject to programming and typing errors on the Supplier’s website. In the event of any inconsistency between the website and the Agreement, the Agreement shall prevail.
13.5. The term “writing” in these terms and conditions e-mail and fax communication, provided sufficient established the identity and integrity of the email.
13.6. The information received by Supplier or stored version of any communication shall be deemed authentic unless proof to the contrary by the Client.
13.7. Parties shall inform each other immediately in writing of any changes in name, postal address, email address, telephone number and request bank account number.
13.8. Supplier is entitled the Agreement (s) to be transferred by the Client to other companies that are part of the group to which supplier is part and / or third parties. Customer will cooperate with it not unreasonably withhold or delay. In the event Supplier does so, it will inform the Client.