General terms and conditions Meterbeheer
1. General
These terms and conditions apply to every offer, quotation, agreement and order Meterbeheer BV, established at Danzigerkade 15 A6 in Amsterdam hereinafter referred to as: “Meterbeheer”, and a Customer to which Meterbeheer has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
2. “Customer” means a party or natural person using the services offered on Meterbeheer as stated in Article 1 of these terms and conditions.
3. “Content” means all data entered or created by Customer on Meterbeheer platforms. Examples include connection data and authorizations entered on Meterbeheer’s platform.
4. “Users” refers to parties or natural persons using the platform.
5. These terms and conditions shall also apply to agreements with Meterbeheer, the execution of which requires the involvement of third parties by Meterbeheer.
6. These general terms and conditions are also written for the employees of Meterbeheer and its management.
7. The applicability of any purchase or other terms and conditions of Client
is expressly rejected.
8. If one or more provisions in these general terms and conditions at any time
are wholly or partially void or may be annulled, the remaining provisions in
these general terms and conditions shall remain fully applicable.
9. Client will then enter into consultation in order to agree on new provisions to replace
the void or voided provisions, taking into account as much as possible
the purpose and meaning of the original provisions.
10. If ambiguity exists regarding the interpretation of one or more provisions of
these general terms and conditions, then the interpretation should take place “in the spirit” of
these provisions.
11. If a situation arises between the parties that is not regulated in these general terms and conditions
, this situation should be judged according to the spirit of these
general terms and conditions.
12. If Meterbeheer does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Meterbeheer would lose the right to require strict compliance with the provisions
of these terms and conditions in any other cases to any extent
.
3. Account Usage
3.1. Sign up
1.One account is allowed per natural person. Upon delay or indication thereof, Meterbeheer is entitled to terminate the application without prior communication. Outstanding balances will then not be distributed.
2. When registering with Meterbeheer, the Customer undertakes to enter the correct data. If these registration details change during registration, the Customer shall notify Meterbeheer of this change as soon as possible.
3. Upon desired termination, the Client shall notify Meterbeheer via email. Meterbeheer will delete the account upon request.
3.2. Privacy
1. Meterbeheer shall have a duty of confidentiality to third parties regarding all information and data of Clients. Meterbeheer shall take all possible precautions in the context of privacy to protect the interests of a Client or user.
2. Meterbeheer shall never act in ways that violate the Privacy Act or generally accepted social values in this regard.
3.3. Use
1. It is not permitted to use platforms to distribute content that may be perceived as disturbing, intimidating, discriminatory or in any other way as undesirable or inappropriate by third parties.
2. Meterbeheer has the right to remove created content from Clients without prior notice and destroy the results. Client cannot claim any right to any form of compensation as a result of the removal. This is entirely at the discretion of Meterbeheer .
4. Meterbeheer for clients.
1. Customer is responsible for the correctness of the data as indicated during registration. If these data are changed, Customer is obliged to communicate this change to Meterbeheer.
2. Meterbeheer is not responsible for not receiving results and/or other correspondence in the event of incorrect registration data.
3. Upon termination of a registration, Client shall notify Meterbeheer in writing.
5. Quotations and offers
1. All quotations and offers of Meterbeheer are without obligation, unless the quotation stipulates a term for acceptance. If no period for acceptance is stated, no rights whatsoever can be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.
2. Meterbeheer cannot be held to its quotations or offers if the Customer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or slip of the pen.
3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administrative costs, unless otherwise stated.
4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, Meterbeheer shall not be bound by it
. The agreement will then not be concluded in accordance with this deviating acceptance, unless Meterbeheer indicates otherwise.
5. A compound quotation does not oblige Meterbeheer to perform part of the order at a corresponding part of the quoted price.
6. Offers or quotations do not automatically apply to future orders.
6. Data via Meterbeheer.
1. The Client is solely responsible for entering content on Meterbeheer platforms. Meterbeheer shall under no circumstances be responsible for erroneous content and/or results resulting from entering erroneous or incomplete content (whether or not unknowingly) on the website.
2. Meterbeheer is not responsible for erroneous metering data resulting from content from metering services or network operators.
3. Meterbeheer is entitled to remove metering data without any prior notice if there is reason to believe that the user is not entitled to view it.
4. Meterbeheer does not accept liability for removed content and the associated data and any costs incurred by the Customer.
7. Payment terms
2. In case of liquidation, bankruptcy or suspension of payments of the Client,
the obligations of the Client shall be immediately due and payable.
3. Payment must be made without discount or settlement
4.
Payments made by the Client shall always serve to settle in the first place all interest and costs owed, and in the second place payable
invoices that have been outstanding the longest, even if the Client states that the payment
relates to a later invoice.
5. Invoicing will be on the1st of the month.
6. Meterbeheer shall be entitled, regardless of the agreed payment condition, to require adequate security for payment and to cancel the activation of the order/delivery if such security cannot be provided.
7. If Meterbeheer has goods belonging to the Client in its possession, Meterbeheer is entitled to retain these goods in order to pay all costs incurred by the agency in carrying out orders of the same Client, regardless of whether these orders relate to the aforementioned goods of the Client, unless the Client has provided sufficient security for these costs. Meterbeheer shall also have the right of retention if the Client is in a condition as referred to in subsection 2 of this article.
8. If the Customer is in default or omission with regard to fulfilling one or more of its
obligations, all costs incurred to obtain extra-judicial satisfaction shall be borne by the Customer at
, which costs shall be fixed at 15%
of the outstanding principal amount, with a minimum of Euro 100. If Meterbeheer proves to have incurred higher costs, which were reasonably necessary, such costs shall also qualify for reimbursement.
9. The Customer shall owe Meterbeheer the judicial costs incurred by Meterbeheer in all instances, unless they are unreasonably high. This shall only apply if Meterbeheer and the Customer conduct judicial proceedings with regard to an agreement to which these general terms and conditions apply and a final judicial decision is pronounced, whereby the Customer is fully or predominantly ruled against.
8. Change of assignment and additional work
1. The quotation is inseparable from the design of the work described in the project proposal. Changes in the design, including with respect to scope, phasing of the project, method, analysis and reporting, made in consultation with the Client, may result in adjustment of the costs due.
2. If interim change in performance arises due to facts or circumstances falling within
the scope of risk of the Client, Meterbeheer will make adjustments if this is necessary for the quality of service. Associated costs will be charged to the Client.
3. If the project proposal specifies the number of discussions during and after the project, additional discussions that take place at the request of the Client will be charged.
4. Discussions and all other correspondence will be held in the Netherlands and in Dutch, unless expressly stated otherwise.
9. Duration of the agreement and interim termination
1. When entering into an agreement, the minimum term shall be stated in the agreement. Unless otherwise agreed, the agreement may not be terminated prematurely for termination of the questionnaire or measurement If the Client indicates that it will not comply with the agreement or if the Client does not give Meterbeheer the opportunity to perform the assignment within the maximum period, the Client shall be obliged to compensate Meterbeheer for the damage it suffers as a result. In the event of early termination from the Customer, no existing credit will be refunded.
2. Meterbeheer may terminate the cooperation prematurely in the event of force majeure, as defined in this agreement. In case either party becomes bankrupt, applies for suspension of payment or ceases its business operations, the other party has the right to terminate the assignment without observing a notice period, all this subject to rights.
3. In the event that Meterbeheer becomes bankrupt, applies for a suspension of payments or discontinues its business operations, Meterbeheer shall have the right to refund outstanding balances without obligation.
10. Intellectual property
1. Models, content, user data, techniques, instruments, questionnaires, reporting templates and research methods, including software, that have been used for the execution of the assignment and are included in the advice or project result are and remain the property of CHJ Internet. Disclosure may therefore be made only after obtaining permission from CHJ Internet.
2. The copyright on project proposals and related documents is owned by CHJ Internet.
3. The copyright on results, reports and other documents prepared as part of the project rests with the Client, unless otherwise agreed.
11. Confidentiality
1. Meterbeheer shall be obliged towards third parties to keep confidential all information and data of Customer, as well as the results of content. Meterbeheer shall take all possible precautions in the context of the order to protect the interests of the Client.
2. Content from Clients of completed projects (surveys, connections, etc.) will remain available for Client to download for at least three months. After this period, Meterbeheer has the right to destroy or delete the content, respectively. Methods, even if developed and/or applied by Meterbeheer on behalf of Client, are the full property of Meterbeheer. Meterbeheer is entitled to apply these research methods for third-party assignments.
3. Meterbeheer is entitled to perform work for multiple Clients from the same industry, as well as to use the same research methods for Clients from the same industry, without Meterbeheer thereby breaching its contractual obligations to Client.
4. The Client shall not, without Meterbeheer’s consent, disclose to third parties Meterbeheer’s approach, its methods and the like that are harmful to Meterbeheer or other Clients of Meterbeheer. The Client shall not make its reports available to third parties without Meterbeheer’s written consent.
5. Meterbeheer is entitled to use results of surveys for benchmarking or promotional purposes, provided that in doing so the scores of Clients are not individually traceable.
12. Liability
1. Meterbeheer makes part of the functionalities of its platforms available to consumers as businesses free of charge. By using this free service, Meterbeheer cannot be held liable for any damage or costs (indirectly) arising from the use of a free service or functionality.
2. Meterbeheer’s liability never exceeds the amount of the cost of the paid service purchased by Customer. In case of subscriptions, the liability shall never exceed the amount of the subscription over a period of 1 year.
13. Force Majeure
1. Force majeure shall mean circumstances which prevent compliance with the commitment and which cannot be attributed to Meterbeheer. These will include (if and to the extent that these circumstances make compliance impossible or unreasonably difficult): circumstances on the part of the Customer, circumstances on the part of Meterbeheer, including strikes, illness of staff, transport disruptions, communication disruptions, a general lack of goods or services required for the realization of the agreed performance and unforeseeable stagnation on the part of third parties on which Meterbeheer depends.
2. Meterbeheer shall also be entitled to invoke force majeure if the circumstance preventing (further) compliance occurs after Meterbeheer should have fulfilled its commitment.
3. During force majeure, Meterbeheer’s delivery and other obligations shall be suspended. If the period in which fulfilment of Meterbeheer’s obligations is not possible due to force majeure lasts longer than two months, both parties shall be entitled to dissolve the agreement, without any obligation to pay damages in that case.
4. If Meterbeheer has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfill its obligations, it shall be entitled to deduct the advice already delivered or the deliverable part separately from the amount paid for the questionnaire and to refund the remainder.
5. If Meterbeheer is (partially) dependent on third parties when providing a service, Meterbeheer shall not be responsible when third parties cease their cooperation or service to Meterbeheer, unless Meterbeheer has acted wilfully culpable. In that case, Meterbeheer shall be liable at most for the damage amount as set out in Article 12.2.
14. Applicable law
The General Terms and Conditions and all agreements entered into with Meterbeheer shall be governed exclusively by Dutch law.
15. Dispute resolution
1. Notwithstanding the statutory rules for the jurisdiction of the civil court,
any dispute between the Customer and Meterbeheer shall, in the event that the District Court
has jurisdiction, be settled by the District Court in Utrecht.
2. Meterbeheer, however, remains authorized to sue the Customer before the court which is competent according to the law or the applicable international treaty.
16. Contact details
Meterbeheer
Danzigerkade 15 A6
1013 AP Amsterdam
E: By contact form
W: www.Meterbeheer.nl
Chamber of Commerce: 93239319