Algemene voorwaarden
GENERAL TERMS AND CONDITIONS
Scope
Our general terms and conditions apply to all contracts between us and our clients. Any agreement which affects the performance of this agreement must be in writing.
The scope of these general terms and conditions extends to all services and products provided by Nova Generation B.V.
The conclusion of the agreement
The conclusion of the agreement is effected by the client’s acceptance of an offer or other agreement.
The use of products and services without express consent is considered acceptance of a general offer.
Payment
Unless otherwise agreed, our invoices are payable within 30 days of the date of issue of the invoice.
Invoices are payable by credit card, PayPal, other payment systems or by bank transfer within 30 days of the date of issue of the invoice.
If the client does not pay within 30 days, a late payment interest of 5% shall be due ipso jure. The company reserves the right to demand advance payment at any time without giving reasons.
Payment shall be deemed to have been made when it is at our disposal.
Withholding payments or offsetting payments against claims of the buyer against the seller is not permitted, unless these claims are undisputed or have been legally established.
If there are grounds for doubting the solvency or creditworthiness of the customer, we reserve the right to demand security or prepayment for any outstanding delivery or to demand immediate exigibility of all outstanding claims.
The company has the right to refuse to provide services, deliver the product or grant the licence in the event of late payment.
The prices stated do not include any Swiss taxes or taxes from other countries and are subject to change.
Place of performance of services
Most of our services are provided online. All services not provided online are assumed to be delivered at the head office of Nova Generation B.V., J.P. Coenstraat 7, 2595WP The Hague.
Auxiliary Staff
It is hereby agreed that all parties shall be entitled to use the services of third parties in the performance of their duties.
Licence
The rights to use the services are non-exclusive, non-transferable and limited to the client named in the agreement.
The documents provided serve as models and may be used by the client for his own purposes (but may not be given to third parties or used in any other way, whether for commercial purposes or not).
An exchange of products is generally excluded.
Format
If documents are formatted in a format that limits the customer’s usage rights, this corresponds to the will of the company and a reformatting is not allowed.
Expiry
The services described here are provided for a limited period, agreed in the contract.
After the expiry of the contract, the customer has no claim or right to use the content. Fees arising from the contractual obligation are due for the contractual duration.
Termination of the contract
Both parties have the right to withdraw from the contract three months before its expiry by giving written notice to the other contracting party.
Otherwise, the contract shall be deemed to have been renewed automatically by the parties for one year.
Obligations of the customer
The rights of use of the product are limited to the purpose defined in the agreement. The customer is obliged to protect his access data and passwords.
The customer is solely responsible for all content published in his name.
The client is also obligated to provide Nova Generation B.V. with all information and documents necessary to provide services in a timely and complete manner. All material must be created correctly and in accordance with this document.
Retention of title
Notwithstanding delivery or the passing of risk, title to the product shall not pass to the purchaser until all our claims against the purchaser, on whatever account, have been paid in full.
Neither the General Terms and Conditions nor the individual agreements include the transfer of intellectual property rights, unless explicitly stated.
Liability clause
By accepting these General Terms and Conditions, the customer confirms that he has unrestricted legal capacity and is of legal age.
By registering, the client expressly declares that all information provided is true, up to date and in accordance with the rights of third parties, morality and the law.
Liability for any indirect or consequential damages is fully excluded. The liability for direct damages is limited to the sum of the service, product or licence purchased by the customer. Any liability to third parties is fully excluded.
If, in connection with the business, the Customer makes use of content, texts or image material to which third parties have a protective right, the Customer must ensure that no third-party property rights are infringed.
Miscellaneous provisions
The company endeavours to ensure the availability of the services and takes reasonable precautions to protect the address of the ___________*website from third-party interference.
However, the company cannot guarantee the uninterrupted and error-free operation of www.________________ website address and the services offered, nor that the files are virus-free.
The company does not guarantee the factual and substantive accuracy, completeness and reliability or quality of the information and documents published or transmitted.
The Company also does not guarantee non-spamming, malicious software, spyware, hacking or phishing attacks, etc., that obstruct the use of the service, damage the Customer’s infrastructure (such as devices, PCs) or otherwise cause damage to the Customer.
The Company cannot guarantee that the information and processes provided, published or transmitted are factually and substantively correct, complete, reliable or of good quality, nor can the Company guarantee the work results of the product.
Severability clause
Any part, provision, statement or warranty of these General Terms and Conditions that is prohibited or held to be invalid or unenforceable shall be invalid to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof.
Any part, provision, statement or warranty of these Terms and Conditions that is prohibited or unenforceable or that is held to be void or unenforceable in any jurisdiction shall be void to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof.
To the extent permitted by applicable law, the parties waive any provision of law that prohibits or renders invalid or unenforceable any provision hereof.
If the invalidity of any part, provision, statement or warranty of this Agreement would deprive a party of the economic benefit that this Agreement is intended to provide, the parties shall negotiate in good faith to devise a structure whose economic effect is as similar as possible to the economic effect of these Terms and Conditions without regard to such invalidity.
The data protection and confidentiality referred to in these General Terms and Conditions are regulated in separate documents (Privacy Policy) available on our website.
Applicable Law and Disputes
These Terms and Conditions, and any dispute between the parties arising hereunder, relating to the Company, or relating to the subject matter of these Terms and Conditions, shall be governed and construed in accordance with the laws of The Netherlands, without regard to principles of conflict of laws.
Any dispute or cause of action between the parties arising out of these Terms and Conditions, in connection with the Terms and Conditions, or in connection with the subject matter of these Terms and Conditions, may only be brought in a court in The Netherlands.
THE PARTIES EXPRESSLY CONSENT TO THIS JURISDICTION AND HEREBY WAIVE ANY OBJECTION TO FORUM NON CONVENIENS.
The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is expressly excluded.
Force Majeure
No Party shall be liable for any failure to perform, or delay in performance, and no Party shall be deemed to be in default or breach of its obligations set forth in these Terms and Conditions if, to the extent and for so long as, such failure or delay is due to causes beyond its reasonable control and not due to its acts or omissions, including causes such as acts of God, flood, severe storm, earthquake, civil commotion, riot, order of a court or administrative body, embargo, governmental action, war (whether declared or not), acts of terrorism or other similar causes (“Force Majeure Event”).
In the event of a Force Majeure Event, the Party prevented or delayed in performance shall promptly notify the other Party and use commercially reasonable efforts to prevent or minimise the delay.
Waiver of breach
If any provision of these Terms and Conditions is held invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect without being impaired or invalidated in any way.
The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Titles
The titles used in these Terms and Conditions are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section or affect these Terms and Conditions.
Amendments
These Terms and Conditions may be amended at any time. The new version is valid from the time of publication on the website
