Terms and Conditions PrintBazar, Part Of Print Bazar
These general conditions apply to every offer or quotation from PrintBazar design in respect of services and are an integral part of each Agreement between PrintBazar and Customer. Terms or conditions set by Customer that deviate from or do not appear in these General Terms and Conditions for PrintBazar binding only if and insofar explicitly accepted in writing by PrintBazar.
Capitalised terms shall have the meaning given in the last article.
Article 1. Contract Closing
- Customer can request services directly from the Web The Site. The Agreement shall be incurred at the time of shipment of the (either automatically generated) email from PrintBazar with the confirmation and acceptance of the application. Customers can also request a free quotation.
The agreement arises at the time of receipt of agreement on the proposal, provided that it takes place before the end date specified in the tender.
- Box agreements are finalized.
Article 2. Performance of the contract
- After the conclusion of the Agreement PrintBazar is the best I can and keep using sufficient care and professionalism.
- PrintBazar will endeavor to achieve quality and uninterrupted availability of services and associated systems and networks, and allows access by Customer to create stored data. PrintBazar, however, offers no guarantees about the quality or availability.
- Through PrintBazar specified periods of delivery are always an approximation.
- If and to the extent required for the proper execution of the Agreement, PrintBazar has to perform certain activities by third parties. Any related unexpected additional costs shall be borne by Customer, unless otherwise agreed. These General Conditions also apply to the activities carried out by third parties under the Agreement.
- If agreed, PrintBazar Client will provide access to an account. The account will be accessed by entering a username and password. Any action that takes place through the Account of Customer or a Customer Account created, is considered among
risk and responsibility of the Customer to be done. If Customer suspects or has reasonable grounds to suspect or know that abuse occurs an Account, Customer shall as soon as possible to sign PrintBazar allow it to take such measures.
- PrintBazar will make themselves available for a reasonable level of customer support remotely by phone and e-mail during regular business hours.
- All the amendments to the Agreement or at the request of the Client, either due to the fact that through whatever circumstances a different version is necessary, when it added cost considered additional work and insofar as there are less costs as less work. These will be billed according to the Client.
Article 3. Customer Obligations
- Customer is obliged to do all that and let whatever is reasonably necessary or desirable to permit a timely and proper execution of the Agreement. In particular contributes Customer ensure that all information which PrintBazar indicates is necessary or which the Client reasonably understand to be necessary to carry out the Services in a timely manner to PrintBazar are provided. The period within which the PrintBazar
Agreement should run, not before commence until all the required and necessary information is provided by PrintBazar.
- If the Customer knows or suspects that PrintBazar some (additional) measures will need to take to meet, PrintBazar Client will without delay notify to its obligations. This obligation applies, for example knows or ought to be as customer that an extraordinary peak will occur in taxation from PrintBazar systems, which could cause unavailability of the Services in any probability. That is especially true if Client know that there are services to others geleverdvia same systems as PrintBazar used to provide services to the Customer. PrintBazar will do after warning all to avoid unavailability of the Services. Written unless expressly agreed otherwise, all reasonable additional costs may incurred in doing so, will be charged to the Customer.
- Customer may use the Services in any way for Applications with Increased Risk.
- If the Customer for the specific use that he gives to the services or seeks to provide need anylicense or other authorization of public authorities or third parties, Customer need to take care of getting it. Customer warrants relative to PrintBazar him alllicenses and / or authorizations held that are necessary for the use of the Services
Article 4. Conduct and notice / takedown
- The Customer is prohibited from using the services of the Dutch or other customer or PrintBazar of applicable law or violate rules or to infringe the rights of others.
- It is (whether it is legal or not) prohibited by PrintBazar to using the Materials Services offer or disseminate:
- unmistakable primarily intended for others behulpzaam to be in violation of the rights of third parties, such as websites (wholly or mainly) hack tools or explain computercriminaliteit apparently intended to the reader to enable the specified criminal behavior (do) not commit and to defend against them;
- unmistakablylibelous, defamatory, offensive, racist, discriminatory or hateful;
- pornography or bestiality pornography or contain apparently are aimed to help others suchthat total costs such materials;
- constitute an infringement of the privacy of third parties, in any event including but notlimited to the unauthorized distribution or necessity of personal data by third parties or the repeated harassment of third parties through these unsolicited communications;
- hyperlinks, torrents or references to (occurrences of) material that clearly infringes copyright, neighboring rights or image rights;
- unsolicited commercial, charitable or idealistic communications;
- contains malicious content such as viruses or spyware.
- The spread of pornographic materials through the Services is permitted provided that this does not constitute a nuisance or violation of these Terms and Conditions.
- Customer shall refrain from hindering other customers or internet or to cause damage to systems or networks of PrintBazar or other customers. The Customer any processes or programs, whether or not to start using the systems of PrintBazar, of which Client knows or reasonably suspect that this PrintBazar, obstructs its customers or internet or harm.
- If in the opinion of PrintBazar nuisance, damage or other hazard to the operation of the computer or the network of PrintBazar web or third parties and / or the services provided over the internet, especially through excessive sending e -mail or other data, denial of service attacks, poorly secured systems or activities of viruses, Trojans and similar software is Web Design The right to take any measures it considers reasonably necessary to avert this danger or to prevent . PrintBazar design webdesign the costs which are reasonably necessary go hand in hand with these measures stories Customer.
- When PrintBazar receives a complaint about violation of this article by Customer, or self notes that seem to be the case here, PrintBazar Client will promptly notify the complaint or violation. Customer as soon as possible to give a response, after which PrintBazar will decide how to act.
- If PrintBazar is of the opinion that there is a violation, it will block access to the relevant material, however, to permanently delete without this material (unless this is technically impossible, in which case PrintBazar Design web design will create a backup ). PrintBazar will endeavor to thereby touch any other materials. PrintBazar Client will as soon as possible informed of measures taken.
- PrintBazar is at all times entitled to report offenses reported. Furthermore, PrintBazar right to the name, address and other releasing identifying data of the Customer to a third party who complains that Customer infringes on his rights or these Terms and Conditions, provided that the accuracy of the complaint is reasonably sufficiently plausible and the third one clear
interest in release of the data.
- Although PrintBazar Design strives so reasonable, carefully and effectively as possible to act on complaints about Customer, PrintBazar is never obliged to pay damages as a result of measures referred to in this article.
- The Customer is allowed to provide the services (to “resell”), however, to state only in conjunction with or as part of their own products or services of the Customer and without the name of PrintBazar as a supplier or subcontractor . PrintBazar client must harmless from all claims by his customers. PrintBazar may also be in breach of these
general conditions in full action by those customers.
Article 5. Request for domain names
- Application, allocation and possible use of a domain name depend on and are subject to the rules and procedures of the relevant registration authorities, such as the Foundation for Internet Domain Registration in the Netherlands with .nl domain names. The relevant authority
decides on the allocation of domain names. PrintBazar plays in the application only an intermediary role and does not guarantee that a aanvraagook be honored.
- Customer can only include acknowledgment of PrintBazar, stating that the requested domain name is registered, ascertain the fact of registration. An invoice for registration has been no confirmation of registration.
- Customer shall indemnify and hold harmless PrintBazar for all damages related to (the use of) a domain name on behalf of or by the Customer. PrintBazar design Web design is notliable for the losses caused by Customer of his right (s) on a domain name or the fact that the domain name is requested by a third party and / or obtained, except in cases of willful misconduct or
recklessness of Customer.
- Customer must comply with the rules set registering authorities for application, granting and use of a domain name. PrintBazar will refer to these rules during the registration process.
- PrintBazar has the right to make the domain name inaccessible or unusable, or to (do) her own name places when Customer demonstrably fails to fulfill the Agreement, provided, however, solely for the duration of customer defaults and is made only after a reasonable period to comply with a written notice.
- In the event of termination of the Agreement for breach of Customer PrintBazar is entitled to terminate a domain name Client with a notice period of two months.
Article 6. Storage and datalimits
- PrintBazar may impose alimit on the amount of storage and data transfer per month which may or may use actual customer in connection with the Services.
- Should Customer exceed the applicablelimits, then PrintBazar after sending at least one waarschuwingsbericht to Customer on the crossing, the Subscription Customer unilaterally convert to a subscription where storage and data fits well inside.
- Noliability for the consequences of not being able to send, receive, store or change data if an agreedlimit for storage or data traffic is exceeded.
Article 7. Intellectual Property Rights
- All intellectual property rights at all in the context of the Agreement PrintBazar Materials Asked developed or provided exclusively vested in PrintBazar Design or itslicensors.
- The customer receives solely user rights granted written explicitly in these Terms and Conditions, the Agreement or otherwise and for the rest Customer shall not reproduce these materials or made public. The above does not apply if undeniably accidentally been left on Customer to provide such a right to express way. However, issuing source of materials is always mandatory only if explicitly agreed upon.
- Except if and when written otherwise agreed, the Customer is not any indication concerning copyrights, trademarks, trade names or remove other intellectual property rights in the Materials or change, including statements regarding the confidentiality and secrecy Materials.
- PrintBazar is permitted to take technical measures to protect its materials. If PrintBazar through technical protection to secure these materials, the Customer is not allowed to remove this protection or avoid, except if and insofar as the statutorily determined otherwise.
Article 8. Prices
- Unless in an amount expressly stated otherwise, all prices quoted by PrintBazar exclusive of VAT and other levies imposed by the authorities.
- If a price is based on data provided by the Client and these data prove to be incorrect, then PrintBazar has the right to adjust the prices accordingly, even after the agreement has already come into being.
- If the Agreement is a subscription, PrintBazar is entitled to change the rates at any time.
- For the same price change conditions and procedures as amending the Services and these Terms of Service.
Article 9. Payment Terms
- PrintBazar will invoice the amounts owed by Customer to Customer. PrintBazar may thereby issue electronic invoices. PrintBazar has the right amounts periodically to make prior to the delivery of the services charged.
- The payment of an invoice is 14 days after the invoice date, unless otherwise agreed in Writing.
- If the Customer has not yet paid in full 14 days after the payment, he is automatically in default without requiring notice is required.
- If the Customer is in default, has the following consequences:
- On the outstanding amount, the statutory interest;
- Customer is 15% of the principal owed to recovery costs, or 40 euros if that amount is more than 15% of the principal amount;
- Web sites and other materials for hosted customer may be inaccessible without further warning until the outstanding amounts, interest rates and so on are met.
- Unless Customer is a consumer, action not permitted by Customer on suspension set-off or deduction.
- In the event Customer any obligation not respected under the Agreement, is PrintBazar without any notice of default entitled to take back next suspension of services delivered goods, without prejudice to the right of PrintBazar web to compensation for damages, lost profit and interest.
Article 10. Disclaimer
- PrintBazar is notliable except in the cases mentioned below in connection with the conclusion or performance of the Agreement, and not beyond the specifiedlimits.
- The totalliability of PrintBazar for damage suffered by the Client as a result of a shortcoming in the performance by PrintBazar of its obligations under the Agreement, explicitly including any failure in the performance of a customer agreed warranty obligation, or by an unlawful act of the Web, its employees or third parties engaged, per event or series of events islimited to an amount equal to the total of the fees (excluding VAT) which Customer has paid under the Agreement when the damage occurred, or if the agreement has a duration of more than three (3) months, an amount equal to the fees that Customer has paid in the past three (3) months. In no event, however, shall the total compensation for direct damage than one thousand (1,000) euros (excluding VAT).
- PrintBazar is explicitly notliable for:
a) any loss suffered by measures PrintBazar has taken in good faith, but which nevertheless has shown that these have been imposed unjustly;
b) damage unavailability of the Services, lost data and breaking through technical or organizational measures, and
c) indirect damages, consequential damages, lost profits, lost savings and damage due to business interruption.
- Theliability of PrintBazar grounds of breach in the performance of the Agreement occurs only if Client PrintBazar immediately and properly written notice of default, stating a reasonable period to remedy the breach, and PrintBazar after that period attributable to fulfill its obligations continues to fail. The notice must contain a detailed description of the failure, so PrintBazar is able to respond adequately. The notice must, within 14 days after the discovery of the damages to be received by PrintBazar.
- The exclusions andlimitations specified in this Article shall not apply if and insofar as the damage is the result of willful misconduct or gross negligence of the management of PrintBazar.
- Customer towards PrintBazarliable for damage caused by a fault attributable to him or shortcoming. PrintBazar Client will indemnify against claims relating to the use of the Services by or with the consent of customer non-compliance with the rules of conduct in article. This indemnification shall also apply in respect of persons who are not employees of Customer Services but nevertheless used under the responsibility or with the consent of the Customer.
Article 11. Force
- None of the parties may be obliged to perform any obligation if a circumstance beyond the control of the parties and which should not be could already or had foreseen at the conclusion of the Agreement, every reasonable opportunity to nullify to perform. < /li>
- Force majeure is partly (but not exclusively) means interference of public infrastructure normally for PrintBazar design is available, and where the provision of dependent services, but which PrintBazar no actual power or contractual compliance obligation to exercise such as the functioning of the registers of IANA, RIPE or SIDN, and all networks in the internet where the Web has concluded a contract with it; disruptions in infrastructure and / or PrintBazar Services caused by computer crime, for example, (D) DOS attacks whether or unsuccessful attempts to circumvent the network or system security; shortcomings of suppliers of PrintBazar, which PrintBazar could not foresee and where PrintBazar can not beliable to his supplier, for example because the relevant supplier (also) there was force majeure; Defectiveness of items, hardware, software or other source material which Customer has prescribed use; Unavailability of staff (due to illness or otherwise); government action; general transport problems; strikes; wars; terrorist attacks and civil disturbance.
- If a situation of force majeure lasts longer than three months, either party is entitled to terminate the agreement in writing. The services already performed under the contract, be settled proportionately in that case, without the parties owing each other anything.
Article 12. Privacy
- The parties shall information it before, during or after the execution of the Agreement to each other confidential information when it is marked as confidential or if the receiving party knows or should reasonably suspect that the information is confidential intended. The parties also impose this obligation on their employees as well as third parties engaged by them to implement the Convention.
- PrintBazar will take cognizance of data that stores customer and / or distributes through the systems of PrintBazar, unless this is necessary for the proper performance of the Agreement or PrintBazar is obliged to do so under a statutory provision or court order. In that case, PrintBazar Design web design endeavor so to minimize the notification of data, as far aslies within its power.
- The obligation of confidentiality shall continue after termination of the Agreement for any reason remains, and that as long as the providing party can reasonably claim to the confidentiality of the information.
Article 13. Duration and Termination
- The term of the Agreement is the time period required to deliver the Services. If the Agreement is a subscription, it is entered into for a period of one year.
- If a fixed term has been agreed for the Subscription, neither party may unilaterally terminate the Agreement before the term has expired, unless there are special grounds for termination, as specified below.
- In the absence of timely notice a subscription is automatically renewed for a period equal to the first term.
- PrintBazar should the Agreement with immediate written suspend or terminate if at least one of the following special grounds applies:
a) Customer is in default with respect to any material obligation;
b) The bankruptcy of Client is requested;
c) Customer has applied for suspension of payments;
d) The activities of Customer be terminated orliquidated.
- If PrintBazar suspends fulfillment of the obligations, it will retain its claims under the law and the Convention, including the right to payment for services that have been suspended.
- If the Agreement is terminated or dissolved, the claims of PrintBazar Client to be immediately due and payable. In the event of termination of the Agreement amounts already billed remain for their services due, without any obligation to abolish. In the event of termination by Customer Customer may only that portion of the agreement terminate that has not been performed by PrintBazar. If the dissolution of Customer is attributable, PrintBazar is entitled to compensation for the damage it creates directly and indirectly.
- The right to suspend the abovementioned cases applies to all of Customer Agreements concluded simultaneously, even if Customer is only in default with respect to any agreement, and without prejudice of PrintBazar right to compensation for damages, lost profits and interest. < /li>
Article 14. Procedure after termination
- After termination of the Agreement as a result of termination or dissolution, is PrintBazar is entitled to delete all stored data immediately or inaccessible and eliminating all accounts of the Customer.
- Deleting Client for stored data is always done without special precautions to make irreversible deletion. This means that for example, ‘delete’ is pressed in a (standard) operating system.
Article 15. Ranking and change policy
- PrintBazar Design reserves the right to change the Services and to amend these Terms and Conditions or supplement. Changes also apply to existing agreements, subject to a period of 30 days after publication of the change.
- Changes will be published on the Web The Site, or any other channel which PrintBazar can prove that the publication has arrived at customer. Non-substantive amendments of minor importance can be made at any time and do not notice.
- If the Customer does not accept a change, Customer must within two weeks of the announcement Written motivated to communicate on PrintBazar. PrintBazar can then reconsider the change. If PrintBazar showing the change does not withdraw, Customer can until the date when the new conditions take effect, terminate the agreement by this date.
- Provisions relating to specific services, go when they apply for over general provisions relating to all services. Further agreements between PrintBazar and Customer prevail only over these Terms and Conditions if they are written and if so expressly or clearly was the intention of both parties.
Article 17. Other provisions
- The Agreement is governed by Dutch law.
- As far as the mandatory law is any dispute that may arise from the Agreement submitted to the competent Dutch court of the district in which PrintBazar is established otherwise.
- If any provision is found to be invalid under the Agreement, 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.
- Information and communications, including pricing, on PrintBazar Site are subject to programming and typing errors. In the event of any inconsistency between the website and the Agreement, the Agreement shall prevail.
- The log files and other electronic or administration of PrintBazar constitute full proof of theorems of PrintBazar and received by PrintBazar or saved version of any (electronic) communication is regarded as authentic, barring proof to the contrary by the Customer.
- Parties shall inform each other immediately in writing informed of any changes in name, postal address, email address, telephone number and request bank or giro account.
- Each party is only entitled to transfer its rights and obligations under the Agreement to a third party with the prior written consent of the other party. However, this consent is not required in case of takeover or acquisition of the majority of the shares of the
Article 18. Complaints
- PrintBazar has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must be made fully and clearly described within 7 days at PrintBazar, after the customer has discovered the defects.
- In PrintBazar Complaints will be within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the Web The reply within the period of 14 days, confirming receipt and indicating when the customer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
- In case of complaints should a customer to turn first to the PrintBazar. It is also possible to log complaints through the European ODR platform (http://ec.europa.eu/odr).
- A complaint apron of PrintBazar obligations, unless the Web The web indicates otherwise.
- If a complaint is accepted by the PrintBazar, the PrintBazar will be replaced free of charge or repair the products
Article 19. Definitions of Terms