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Terms and Conditions

These are the General Terms and Conditions of PlatformVisions B.V. (hereinafter referred to as "PlatformVisions"), a company with address Groothandelsweg 10, 6515AJ, Nijmegen. PlatformVisions is registered with the Chamber of Commerce under number 92471943.

Definitions

In these Terms and Conditions, the following terms shall have the following meanings unless expressly stated otherwise:

General Conditions: these general conditions as stated below.

Company: the Other Party acting in the course of a business or profession.

BW: the Civil Code.

Assignment: All work, in whatever form, that PlatformVisions performs for or on behalf of the Other Party.

Distance Service: an agreement concluded between PlatformVisions and the Other Party in the context of an organized system for distance service provision whereby, up to and including the conclusion of the agreement, sole or joint use is made of one or more techniques for distance communication;

Service: All work, in whatever form, performed by PlatformVisions for or on behalf of the Other Party.

Distance Service: an agreement concluded between PlatformVisions and the Other Party in the context of an organized system for distance service provision whereby, up to and including the conclusion of the agreement, sole or joint use is made of one or more techniques for distance communication;

Distance purchase: an agreement concluded between PlatformVisions and the Counterparty in the context of an organized system for distance selling where, up to and including the conclusion of the agreement, sole or joint use is made of one or more techniques for distance communication;

Agreement: Any agreement concluded between PlatformVisions and the Other Party.

Product: All items that are the subject of an Agreement.

Other Party: the Company that has accepted these General Terms and Conditions and commissioned an Order.

Unless the General Terms expressly provide otherwise, in interpreting the General Terms, the singular shall be deemed to include the plural and vice versa and a reference to a masculine form shall be deemed to include a reference to a feminine form and vice versa.

Applicability

  1. These General Terms and Conditions apply to any offer and Agreement concluded between PlatformVisions and the Other Party, unless these General Terms and Conditions have been expressly deviated from by the parties in writing.
  2. These General Terms and Conditions also apply to agreements with PlatformVisions, for the execution of which third parties must be involved.
  3. The applicability of general terms and conditions of the Other Party is expressly rejected.
  4. Deviations from the Agreement and General Terms and Conditions are valid only if expressly agreed in writing between the parties.

Quotes

  1. All offers not explicitly stated to the contrary are considered to be offers without engagement and can always be revoked, even if they contain a deadline for acceptance. Offers can also be revoked by PlatformVisions in writing within seven days after receipt of acceptance, in which case no agreement is concluded between the parties.
  2. All quotations from PlatformVisions are valid for 7 days unless otherwise stated.
  3. PlatformVisions cannot be held to its offers if the Other Party should have understood, on the basis of reasonableness and fairness and generally accepted views, that the offer or a part thereof contains an obvious mistake or slip of the pen.
  4. If the acceptance, whether or not on minor points, deviates from the offer included in the quotation, PlatformVisions shall not be bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless PlatformVisions indicates otherwise.

Formation of agreement

  1. The Agreement is concluded by the acceptance by the Other Party of PlatformVisions' offer.
  2. Offers can only be accepted in writing (including electronically). PlatformVisions is nevertheless entitled to accept a verbal acceptance as if it had been made in writing.
  3. At the moment that PlatformVisions receives an order confirmation from the Other Party, an Agreement between the parties comes into being, or at the moment that PlatformVisions actually starts the execution.
  4. The Agreement replaces, and supersedes, all previous proposals, correspondence, agreements or other communications, whether written or oral.

Execution of agreement

  1. The Agreement shall be executed by PlatformVisions to the best of its knowledge and ability, in accordance with the requirements of good workmanship. The application of articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code is expressly excluded.
  2. PlatformVisions determines the manner in which and by which person(s) the Assignment will be carried out. PlatformVisions is entitled to have certain work performed by third parties.
  3. PlatformVisions is entitled to execute the Agreement in stages. If the Agreement is executed in phases, PlatformVisions is entitled to invoice each executed part separately. If and as long as this invoice is not paid by the Other Party, PlatformVisions is not obliged to execute the next stage and is entitled to suspend the Agreement

Changes and additional work

  1. If during the execution of the Agreement it appears that for a proper execution it is necessary to change or supplement the Agreement, PlatformVisions shall inform the Other Party of this as soon as possible. Parties will then proceed to change the Agreement in a timely manner and in mutual consultation.
  2. If the parties agree that the Agreement will be changed/added to, this may affect the time of completion of the execution. PlatformVisions will inform the Other Party of this as soon as possible.
  3. If the change of or addition to the Agreement will have financial, quantitative and/or qualitative consequences, PlatformVisions will inform the Other Party in advance.
  4. If a fixed rate or fixed price has been agreed upon, PlatformVisions will indicate to what extent the change/addition of the Agreement will affect the rate/price. PlatformVisions will try - as far as possible - to give a quotation in advance.
  5. PlatformVisions will not be able to charge additional costs if the change/addition is due to circumstances attributable to PlatformVisions.
  6. Amendments to the Agreement originally concluded between the parties shall only be valid from the moment these amendments have been accepted by both parties through an additional or amended Agreement.

Obligations Counterparty

  1. The Other Party shall ensure that all data, instructions, materials and/or equipment which PlatformVisions indicates are necessary or which the Other Party should reasonably understand are necessary for the execution of the Agreement, are available in time. The Other Party must also grant PlatformVisions access and all powers and authorizations necessary to properly carry out the Order.
  2. The Other Party is responsible for (the use of) the equipment and software in its organization, as well as for control and security procedures and adequate system management.
  3. If it has been agreed that the Other Party will provide software, materials or data on information carriers, these will meet the specifications necessary to perform the work.
  4. PlatformVisions shall not be liable for any damage, of whatever nature, because PlatformVisions has relied on incorrect and/or incomplete data provided by the Other Party, unless these incorrectness or incompleteness should have been known to PlatformVisions.
  5. If the materials provided by the Other Party are protected by intellectual property, the Other Party guarantees he has the required licenses.
  6. The Other Party must refrain from conduct that makes it impossible for PlatformVisions to properly execute the Order.
  7. If work is performed by PlatformVisions or third parties engaged by PlatformVisions in the context of the Assignment at the location of the Other Party or at a location designated by the Other Party, the Other Party shall provide the reasonably required facilities free of charge.
  8. If the Other Party has not fulfilled its obligations, as included in this article, PlatformVisions has the right to suspend the execution of the Agreement and/or to charge the Other Party the extra costs resulting from the delay according to the usual price or rates.

Testing and verification

  1. The testing and checking of the Product is the joint responsibility of PlatformVisions and the Other Party. After the testing, checking and approval of the Other Party, the Product is delivered.
  2. The Other Party must check the Product at the time of delivery and provide feedback. The number of feedback rounds included in the price or rate is 1 round. No additional fees will be charged for this.
  3. If the Other Party provides further feedback thereafter, this shall be considered additional work.

Hosting provider  

  1. PlatformVisions does not have its own hosting available. PlatformVisions engages a third party for the hosting. PlatformVisions acts here in the capacity of reseller. 
  2. Warranty regarding hosting is provided by the hosting provider. PlatformVisions does not provide any warranty with respect to hosting.
  3. PlatformVisions is in no case liable and responsible for damages caused by shortcomings of third parties engaged by PlatformVisions.
  4. PlatformVisions is never liable for damage caused by failure, breakdowns, out of order, loss of data at the hosting provider and third parties engaged by PlatformVisions regardless of the cause.

Data traffic

If the Other Party goes over the data traffic limit, PlatformVisions has the right to charge an amount for this.

Content

  1. PlatformVisions is not responsible for the content and information of the website, application or other material and/or accounts of the Other Party.
  2. PlatformVisions has the right to suspend and/or remove the website, application or other material and/or accounts if the content:
  3. has a violent character or refers to a location with violent content; 
  4. discriminates;
  5. encourages, conducts, promotes or advertises illegal activities;
  6. in violation of legislation;
  7. has been hacked or is being hacked.
  8. PlatformVisions shall never be liable for the damage because the website, application or other material and/or accounts of the Other Party contained illegal content, unless PlatformVisions was aware of this content.

Malware and/or viruses

  1. The Other Party shall not place malware and/or viruses on its website, application or other material and/or accounts which may cause damage.
  2. If the Other Party has placed malware and/or viruses on his or her website, application or other material and/or accounts, the malware and/or virus will be removed immediately.
  3. If it occurs repeatedly that the Other Party intentionally places malware and/or viruses on his or her website, application or other material and/or accounts, PlatformVisions has the right to terminate the Agreement and disable the what with the malware and/or virus.

Domain name registration

  1. The application and use of the Other Party's domain name are subject to the applicable rules and procedures of the relevant registering authorities. The registering authorities are responsible regarding the application of the domain name. PlatformVisions is not responsible for honoring the application of the domain name.
  2. The domain registration shall be in the name and under the responsibility of the Other Party.
  3. The domain registration is per calendar year and cannot be changed. Changing the domain registration counts as a new domain registration.
  4. PlatformVisions is never liable and responsible for any damages resulting from the content and use of the domain and domain name.

Risk transfer

  1. The Products that are the subject of the Agreement are for the account and risk of PlatformVisions until the moment the Products are made available to the Other Party as a Company.
  2. The risk of loss, damage or depreciation of Products that are the subject of the Contract shall pass to the Counterparty as a Company at the time Products are available to the Counterparty or a third party designated by the Counterparty.

Prices

  1. Unless expressly agreed otherwise in writing, the prices and rates indicated by PlatformVisions are always exclusive of VAT.
  2. Prices and rates do not include shipping, travel, lodging and other expenses unless otherwise agreed upon.
  3. If a rate has not been expressly agreed upon, the rate will be determined on the basis of hours actually spent and PlatformVisions' usual rates.
  4. PlatformVisions will inform the Other Party of all additional costs or provide data on the basis of which these costs can be charged to the Other Party in good time before the Agreement is concluded.
  5. If PlatformVisions agrees on a fixed price or fixed rate at the conclusion of the Agreement, PlatformVisions is entitled to increase this price or rate, even if the price or rate was not originally given under reservation.
  6. In case PlatformVisions intends to change the price or rate, it will inform the Other Party as soon as possible.
  7. If the increase in the price or rate occurs within three months of the conclusion of the Agreement, the Other Party may dissolve the Agreement by a written statement, unless:
  8. the increase results from a power or an obligation of PlatformVisions under the law;
  9. the increase is caused by an increase in the price of raw materials, taxes, production costs, currency exchange rates, wages et cetera or on other grounds that were not reasonably foreseeable at the time of entering into the Agreement;
  10. PlatformVisions is still willing to execute the Agreement on the basis originally agreed upon; or
  11. stipulated that performance will be carried out more than three months after the conclusion of the Agreement.

Payment

  1. Payment shall be made by transfer to a bank account designated by PlatformVisions, unless otherwise agreed.
  2. PlatformVisions will send an invoice for the amount owed by the Other Party. The payment term of each invoice is 14 days after the date of the relevant invoice, unless otherwise indicated on the invoice or agreed otherwise.
  3. Invoicing will take place monthly, unless otherwise agreed upon.
  4. Hosting should always be paid in advance for a period of one year.
  5. The invoice for domain name registration must be paid prior to domain name registration.
  6. PlatformVisions and the Other Party may agree that payment will be made in installments in proportion to the progress of the work. If payment in instalments is agreed upon, the Other Party must pay according to the instalments and percentages as laid down in the Agreement.
  7. Unless otherwise agreed, a down payment of 15% on the total cost is to be made after the initial set-up of the website. In principle, the website will be placed in a temporary location on the Internet. After the completion of the website, the remaining amount will be invoiced. Upon receipt of the amount, the website will be placed in its final location on the Internet. 

  8. Objections to the amount of the invoice do not suspend the Other Party's payment obligation.
  9. The Other Party is not authorized to deduct from the amount due any amount on account of a counterclaim asserted by it.
  10. In the event of non-payment or late payment, the Other Party shall be in default by operation of law without notice of default. The Other Party shall then owe statutory commercial interest from the date on which payment became due until the date of full payment, whereby interest on a part of the month shall be calculated over an entire month.
  11. A payment made by the Other Party shall first be applied to reduce all interest and costs due and finally to pay due invoices that have been outstanding the longest, even if the Other Party states that the payment relates to later invoices.
  12. If the Other Party defaults or is in default in the (timely) fulfillment of its obligations, all reasonable costs to obtain satisfaction out of court shall be borne by the Other Party.
  13. Regarding the extrajudicial (collection) costs, PlatformVisions is entitled to a compensation of 15% of the total outstanding principal amount with a minimum of €250 for each invoice that has not been paid in full or in part.
  14. In case of bankruptcy, suspension of payment, liquidation, general attachment of assets, death or receivership, the claims of PlatformVisions and the obligations of the Other Party towards PlatformVisions are immediately due and payable.
  15. Any reasonable court costs and execution costs incurred shall also be borne by the Other Party.

Retention of title

  1. Ownership of the Products delivered by PlatformVisions to the Other Party will not be transferred to the Other Party until it has properly fulfilled everything and paid what it owes under the Agreement.
  2. The amount due shall also include compensation for all costs and interest (including previous and subsequent deliveries), as well as claims for damages for failure to perform.
  3. As long as the ownership of the delivered goods has not been transferred to the Other Party, it may not resell, pledge or encumber in any other way anything subject to retention of title, except within the normal course of its business.

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  1. The Other Party shall examine the Product delivered at the time of delivery, but in any case within 7 days after delivery, to determine whether the Product delivered conforms to the Agreement, or at least meets the requirements applicable to it in normal trade.
  2. The Other Party must examine the Service at the time of performance, but in any case within 7 days of performance, whether the Service provided complies with the Agreement.
  3. Visible defects and shortages must be reported in writing to PlatformVisions within 7 days after delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
  4. Complaints must be reported in writing to PlatformVisions within 7 days of the performance of the Service.
  5. Non-visible defects and shortcomings in a Product must be reported to PlatformVisions within 7 days of their discovery. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
  6. The right to (partial) refund of the price, repair or replacement or compensation shall lapse if defects are not reported within the prescribed period, unless a longer period results from the nature of the Product and/or Service or from circumstances of the case.

Guarantees

  1. PlatformVisions guarantees that the Products delivered conform to the Agreement. PlatformVisions also guarantees that the Products delivered meet the usual requirements and standards that can reasonably be set for them and that the Products possess the properties that, taking all circumstances into account, are necessary for normal use.
  2. PlatformVisions guarantees that the Services performed are in accordance with the Agreement and are performed with good workmanship and using sound materials.
  3. The warranty specified in these General Conditions applies to use within and outside the Netherlands.
  4. If the Product delivered was manufactured by a third party, the warranty provided by that third party shall apply unless otherwise specified.
  5. If the Product delivered and/or Service performed does not comply with the warranty, PlatformVisions shall, after the Other Party has reported this, proceed to replacement or repair free of charge within a reasonable period of time.
  6. If the warranty period has expired, all costs for repair or replacement (including administration, shipping, and call-out charges) shall be borne by the Other Party.
  7. Any form of guarantee lapses if a defect is the result of inexpert use or lack of care, or it is the result of changes made by the Other Party or third parties to the delivered goods. Nor is PlatformVisions responsible for any damage caused by these defects.
  8. The warranty is also void if the defect is caused by or the result of circumstances beyond PlatformVisions' control. These circumstances include weather conditions.

Delivery time

  1. If a deadline is agreed or specified for delivery, this deadline is only indicative and is never to be considered a fatal deadline, unless expressly agreed in writing.
  2. PlatformVisions shall not be liable in the case of consequences detrimental to the Other Party due to exceeding delivery terms, unless there is intent or gross negligence on the part of PlatformVisions.
  3. If PlatformVisions requires data, materials or instructions from the Other Party that are necessary for delivery, the delivery period shall start after the Other Party has provided them to PlatformVisions. 

  4. The agreed delivery terms do not mean that PlatformVisions is in default by operation of law after their expiry. A further written notice of default is required, whereby PlatformVisions will be granted a term of at least 14 days to fulfill its obligations. 

  5. Notice of default is not required if delivery has become permanently impossible or it has otherwise become apparent that PlatformVisions will not fulfill its obligations under the Agreement. If PlatformVisions does not deliver within this period, the Other Party has the right to dissolve the Agreement in accordance with article 265 Book 6 of the Dutch Civil Code.

Maintenance

  1. After delivery and acceptance by the Counterparty, the Counterparty may enter into a maintenance and/or hosting agreement. PlatformVisions will apply separate prices and/or rates for these.
  2. Both the Other Party and PlatformVisions have the right to terminate the maintenance and/or hosting agreement. The maintenance and/or hosting agreement can be terminated annually with a notice period of 2 months and must be in writing.
  3. The costs associated with such an agreement must always be paid in advance for one year.

Force majeure and unforeseen circumstances

  1. A shortcoming cannot be attributed to PlatformVisions or the Other Party, since the shortcoming cannot be attributed to its fault, nor is it for its account by virtue of law, legal act or generally accepted practice. In this case, the parties are also not obliged to fulfill the obligations resulting from the Agreement.
  2. In the General Terms and Conditions, force majeure means, in addition to what is understood in that respect in the law and jurisprudence, all external causes, foreseen or unforeseen, on which PlatformVisions cannot exert influence and as a result of which PlatformVisions is unable to fulfill its obligations.
  3. Force majeure of PlatformVisions means in any case: 
  4. strikes;
  5. traffic disruptions;
  6. government measures that prevent PlatformVisions from fulfilling its obligations in a timely or proper manner;
  7. riots, uproar, war;
  8. traffic restrictions;
  9. labor shortage;
  10. extreme weather conditions;
  11. fire;
  12. Import, export and/or transit bans; and/or
  13. any circumstance that hinders the normal course of business as a result of which fulfillment of the Agreement by PlatformVisions cannot reasonably be required by the Other Party.

Termination of agreement

  1. The parties may terminate the Agreement at any time by mutual consent.
  2. The parties may terminate the Agreement in advance in writing with a notice period of 1 month.
  3. The parties may terminate the Agreement in writing with immediate effect, in the event of:
  4. application by or grant of suspension of payment to the other party;
  5. application for bankruptcy by or declaration of bankruptcy of the other party; or
  6. liquidation of the other party or not temporary cessation of the other party's business.
  7. If the Agreement is dissolved, the claims of PlatformVisions on the Other Party are immediately due and payable. If PlatformVisions suspends fulfillment of its obligations, it retains its claims under the law and the Agreement. PlatformVisions always retains the right to claim damages.

Liability

  1. PlatformVisions shall only be liable for direct damage caused by gross negligence or intent of PlatformVisions, and not for more than the amount paid by the insurer to PlatformVisions or up to a maximum of the invoice amount or an amount of €1000, if the invoice amount exceeds €10,000.
  2. Direct damages shall mean only:
  3. reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of the General Terms and Conditions;
  4. reasonable costs incurred to make the defective performance of PlatformVisions conform to the Agreement, insofar as they can be attributed to PlatformVisions; or
  5. reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have resulted in limiting direct damage as referred to in the General Terms and Conditions.
  6. PlatformVisions shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business stagnation, damage as a result of the provision of inadequate cooperation and/or information by the Other Party, damage due to information or advice without engagement given by PlatformVisions, the contents of which are not explicitly part of the Agreement, and all damage that does not fall under direct damage in the sense of these General Terms and Conditions.
  7. PlatformVisions shall never be liable for errors in the material handed over by the Other Party or for misunderstandings or errors regarding the execution of the Agreement if these find their origin or cause in actions of the Other Party, such as not delivering complete, sound and clear data/materials in time or not.
  8. PlatformVisions shall never be liable for errors if the Other Party has given its approval at an earlier moment, or has been given the opportunity to perform an inspection and has indicated that it does not want such an inspection.
  9. The limitations of liability laid down in this article are also stipulated for the benefit of third parties engaged by PlatformVisions for the execution of the Agreement, and PlatformVisions shall never be liable for damage caused by shortcomings of these engaged third parties.

PlatformVisions is not liable for damage or destruction of documents during transport or during shipment by mail, regardless of whether the transport or shipment is done by or on behalf of PlatformVisions, the Other Party or third parties.

Secrecy

  1. Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information shall use it only for the purpose for which it was provided.
  2. If, on the basis of a legal provision or a judicial decision, PlatformVisions is obliged to disclose confidential information to third parties designated by law or by the competent court, and PlatformVisions cannot invoke a legal right to refuse to give evidence or a right acknowledged or allowed by the competent court, PlatformVisions shall not be obliged to pay damages or compensation and the Other Party shall not be entitled to dissolve the Agreement on the basis of any damage caused by this.
  3. Without prejudice to the above, PlatformVisions is authorized to include the name of the Other Party on a list of relations, which will be published on the website or through other expressions to third parties, unless agreed otherwise.

Indemnification

  1. The Other Party shall indemnify PlatformVisions, to the extent permitted by law, in respect of liability towards one or more third parties arising from and/or related to the execution of the Agreement, irrespective of whether the damage was caused or inflicted by PlatformVisions or by its auxiliary party or parties, auxiliary goods or Products or Services delivered or supplied.
  2. In addition, the Other Party indemnifies PlatformVisions, to the extent permitted by law, for all claims of third parties in connection with any infringement of intellectual property rights of these third parties.
  3. The Other Party is always obliged to make every effort to limit the damage.

Intellectual property

  1. All rights of intellectual property to all products, materials, analyses, designs, sketches, software, equipment, documentation, advice, reports, (electronic) information as well as preparatory material thereof (collectively, the "IP Material") developed or made available within the scope of the execution of the Agreement, shall be held exclusively by PlatformVisions or its licensors. 

  2. The Other Party only acquires any rights and powers with respect to the IP Material that arise under the Agreement and/or are expressly granted in writing.
  3. The Other Party has a duty of confidentiality, and is bound to treat confidentially, with respect to IP Material made available, as it contains confidential information and trade secrets of PlatformVisions or its licensors.
  4. The Other Party is not permitted to transfer any acquired right or authority regarding the IP Material to third parties except with the prior written consent of PlatformVisions.
  5. The Other Party is not permitted to remove or change any indication of intellectual property rights such as copyrights, trademark rights or trade names from the IP Material, unless otherwise agreed. 

  6. With due observance of the General Terms and Conditions, the Other Party is entitled to correct errors in the delivered IP material, if this is necessary for the intended use resulting from the nature of the IP material. Errors are defined as not meeting the functional specifications stated in writing by PlatformVisions and, in case of custom-made software, the functional specifications explicitly agreed upon. An error only exists if it can be demonstrated and reproduced. The Other Party is obliged to notify PlatformVisions of errors immediately.
  7. Any exploitation, reproduction, use or disclosure by the Counterparty of the IP Material beyond the scope of the Agreement or rights and powers granted shall be considered a violation of PlatformVisions' intellectual property rights.
  8. For such a violation, the Other Party shall pay PlatformVisions an immediately due and payable penalty, not subject to judicial mitigation, of €000 per infringing act, without prejudice to the right of PlatformVisions to be compensated for its damage caused by the infringement or to be allowed to take other legal measures in order to have the infringement terminated.
  9. There will be no violation of intellectual property rights if the Other Party has received express written permission from PlatformVisions for exploitation, reproduction, use or disclosure of the IP Material beyond the scope of the Agreement or rights and powers granted.
  10. PlatformVisions takes care of spare copies of emails, websites and databases unless explicitly stated otherwise on PlatformVisions' websites and/or agreed otherwise. However, PlatformVisions bears no responsibility for any loss of data and resulting damage. However, the spare copies are for their own preservation. The Other Party must also safeguard important information itself.
  11. All IP Material developed by PlatformVisions for the execution of the Agreement can be used by PlatformVisions for its own promotional purposes, unless otherwise agreed upon with the Other Party.


Privacy

  1. PlatformVisions respects the privacy of the Other Party. PlatformVisions handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The Other Party agrees to this processing. To protect the personal data of the Other Party, PlatformVisions uses appropriate security measures.
  2. PlatformVisions uses the personal data of the Other Party solely for the purpose of executing the Agreement or handling a complaint.
  3. For more information on privacy, see the PlatformVisions website.

Due date

For all claims and/or powers that the Other Party has towards PlatformVisions and/or towards any third parties engaged by PlatformVisions, a limitation period of one year from the moment a fact occurs that the Other Party can use these rights and/or powers towards PlatformVisions and/or any third parties engaged by PlatformVisions shall apply, in deviation from the legal limitation periods.

Transfer

  1. The Other Party is not allowed to transfer rights and obligations resulting from the Agreement to third parties without having obtained the written consent of PlatformVisions.
  2. PlatformVisions is entitled to attach conditions to this permission.

After-effects

The provisions of the General Conditions and the Agreement, which it is expressly or by their nature intended to remain in force even after termination of this Agreement, shall thereafter remain in force and continue to bind both parties.

Other

  1. Any deviations from these General Terms and Conditions can only be agreed upon in writing. No rights may be derived from such deviations with respect to legal relationships entered into at a later date.
  2. The administration of PlatformVisions shall, subject to proof to the contrary, serve as proof of the requests made by the Other Party. The Other Party acknowledges that electronic communication may serve as evidence.
  3. If and insofar as any provision of the General Terms and Conditions and the Agreement is nullified or annulled, the other provisions of these General Terms and Conditions and the Agreement shall remain in full force. PlatformVisions shall then determine a new provision to replace the void/annulled provision, taking into account as much as possible the purport of the void/annulled provision.
  4. The place of execution of the Agreement is deemed to be the place where PlatformVisions is located.

Applicable law and choice of forum

  1. All Agreements, the General Conditions, and all non-contractual rights and obligations arising therefrom shall be governed in all respects by the laws of the Netherlands.
  2. All disputes between PlatformVisions and the Other Party, which may arise as a result of an Agreement and/or the General Terms and Conditions, or of agreements resulting from them, will in the first instance be settled by the competent court of the District Court of Gelderland.

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