General Terms and Conditions of Online Services Technical Solutions plus Design BV
Article 1. Definitions and concepts
1. In these general terms and conditions the following terms have the following meaning, unless expressly stated otherwise:
TSpD: This website is the property of the private limited company Technical Solutions plus Design BV, registered with the Chamber of Commerce under number 08159019, the use of these general terms and conditions, with its registered office at Steenkampsweg 12a, 7665 RA Albergen.
Client: the party other than TSpD, which has completed the registration, as well as a natural person or legal entity which has entered into an Agreement with TSpD.
Application/Service: the making and keeping available ‘from a distance’ by TSpD of software for the creation of sheet layouts and the generating of dxf files of the same sheet layouts through the internet or another network, without providing the Client with a physical carrier of the Software concerned.
Agreement: the agreement in the course of which a temporary right of use to the Software described therein is delivered through software as a service.
Licensed User: the Client or a natural person employed in the organisation of the Client, who has the right in conformity with the Agreement or these general terms and conditions to use the Software made available by TSpD
Account: a unique username with a password assigned to the Client, after completion of an electronic registration process, with which the Client can acquire access to the Application
Software: the computer software which is delivered or made available for use by TSpD to the Client, including any new versions forming part thereof.
Website: the websites www.sheetmetal.nl and www.dxfcreator.com.
Terms and Conditions: these general terms and conditions.
Article 2. General
1. These Terms and Conditions apply to every offer, tender and Agreement between TSpD and a Client, to which TSpD has declared these Terms and Conditions to apply, insofar as these Terms and Conditions have not expressly and in writing been derogated from by parties. The concluding of an Agreement with TSpD constitutes the unconditional acceptance of the applicability of these Terms and Conditions by the Client.
2. The present terms and conditions are also applicable to Agreements with TSpD, for the performance of which third parties must be involved by TSpD.
3. If one or more provisions of these Terms and Conditions might at any time, wholly or in part, be null and void or are declared voided, then the remaining provisions of these Terms and Conditions continue to be fully applicable. TSpD and the Client will in that case enter into consultation in order to agree to new provisions to replace the nul and void or voided provisions, in the course of which the objective and effect of the original provisions will be taken into consideration as much as possible.
4. Any derogations from these Terms and Conditions are only valid if these have been expressly agreed in writing and only apply with regard to the specific Agreement to which the derogations relate.
5. The applicability of any purchase and/or other general terms and conditions of the Client is expressly rejected.
6. TSpD retains the right to amend and/or add to these Terms and Conditions. Amendments also apply with regard to the Agreements already concluded with due regard to a period of thirty (30) days from notification in writing of the amendments through the TSpD website and/or email. If the Client does not wish to agree to these amendments then the Client will have the right to terminate the Agreement with due regard to a notice period of ten (10) days with effect from the date on which the amendments come into force.
7. In the event that these Terms and Conditions and the Agreement contain mutually conflicting provisions, the terms and conditions included in the Agreement will apply.
Article 3. Formation of the Agreement and Account
1. Statements by TSpD on the Website or in another manner with regard to the Services apply as an offer without obligation, and are subject to the proviso of changes to, and availability of, the Services.
2. The Client can directly conclude an Agreement for a specified period through the Website. The Agreement comes into effect at the time when TSpD sends the confirmation of the Agreement.
3. A Client must register by filling in the registration form fully and truthfully and by accepting these Terms and Conditions. Changes to the Client’s data must immediately be reported in writing by the Client to TSpD. If the Client fails to do this, the Client will be liable for any damage suffered by TSpD as a result thereof.
4. The Client is personally responsible for his/her Account. The Client must save his/her personal password and user name carefully and must keep these strictly secret. The Client guarantees towards TSpD that the password will not be used by unauthorised persons and will be personally liable for the consequences of any unauthorised use, misuse or incorrect use of the personal password. TSpD will not be liable for any damage whatsoever ensuing from the assigning and sending by email of personal passwords, and for any use whatsoever thereof.
5. The Client acknowledges that TSpD at all times has the right to temporarily or permanently deny access to the Website and the Application, or to suspend or cancel with immediate effect the use thereof by any Client who appears to not be of age and legally competent, has provided incorrect data, acts unlawfully vis-a-vis TSpD or a third party related to TSpD, or who does not comply with one or more provisions of these Terms and Conditions and Agreement. This is without prejudice to the right of TSpD to compensation.
6. The Client guarantees the accuracy and completeness of his/her registered data and must personally keep this data up-to-date by changing this data when necessary.
7. The right of use of the Account and the Application as described in the Agreement solely accrues to the Licensed User concerned. It is therefore not permitted to transfer this right.
Article 4. Agreed provision of service and data
1. Unless agreed otherwise in writing, the Client is responsible for the management, including inspection of the settings, the use of the Service and the manner in which results of the Service are deployed.
2. The Client is also responsible for the instructions provided to, and the use by, Licensed Users, regardless of whether these Licensed Users are in a relationship of authority towards the Client.
3. The Client remains at all times the owner of the data entered by him/her.
4. The Client must personally make back-ups of all data entered through the Application. TSpD is under no circumstances whatsoever liable for costs of reproduction of garbled or lost data and also not for (consequential) loss or lost profit on the part of the Client.
Article 5. Assistance
1. If the provision of service to the Client on the basis of the Agreement also comprises of assistance to Licensed Users TSpD will provide advice by telephone or by email regarding the use and the functioning of the Software referred to in the Agreement and regarding the use which is made of the Service.
2. TSpD can set conditions to the qualifications and the number of contact persons who are eligible for assistance. TSpD will deal with satisfactorily substantiated requests for assistance within a reasonable period.
3. TSpD cannot guarantee the accuracy, completeness or timeliness of responses or offered assistance.
4. Unless agreed otherwise in writing, the assistance will be exclusively carried out on working days during the usual opening times of TSpD.
5. Assistance expressly does not comprise in all events of:
• work with regard to system configurations, hardware and networks;
• assistance at location;
• expanding the functionality of the Application on request from the Client;
• Work with regard to external databases of suppliers other than TSpD;
• installation, configuration, training or other services not expressly described in the Agreement;
• assistance for (operating) software of producers other than TSpD;
• file repairs whereby the cause cannot be attributed to the Application;
• assistance for internet connection;
• assistance in an environment which is not supported in accordance with the system requirements;
6. TSpD is entitled, in the context of the providing of assistance, to have access to the Client’s data which the Client entered into the Application.
7. If TSpD on the assignment from the Client still carries out work which has not been agreed or referred to in subclause 5, TSpD will charge the Client separately for this work in addition to the regular payments in conformity with the prices applicable at TSpD at that time as well as the costs incurred.
Article 6. Execution and telecommunication
1. TSpD endeavours to provide optimal availability of and access to the Website and/or Application, however, having regard to the nature of the internet, TSpD can never guarantee uninterrupted availability.
2. TSpD only provides the Service on assignment from the Client. If TSpD, on the basis of a request or order given by an authorised person of a government agency, or related to a statutory obligation, carries out work with regard to data of the Client, its employees or Licensed Users, all costs attached thereto will be charged to the Client.
3. TSpD can amend the contents or extent of the Service. If such amendments result in a change of the procedures applicable for the Client, TSpD will inform the Client as soon as possible of this and the costs of this change will be at the expense of the Client. In that case the Client can terminate the Agreement in writing with effect from the date on which the amendment comes into effect, unless this amendment is related to amendments of relevant legislation or other regulations provided by competent authorities, or should TSpD take the costs of this amendment on its account.
4. TSpD can continue the execution of the Service by applying a new or amended version of the Software. TSpD will not be obliged to maintain, amend or add to characteristics or functionalities of the Service especially specified for the Client.
5. TSpD can temporarily put the Service wholly or in part out of operation for preventative, corrective or adaptive maintenance. TSpD will not put the Service out of operation for longer than necessary, and if possible will have this take place outside office hours and, depending on the circumstances, commence this after notification to the Client.
6. TSpD will never be obliged to make a physical carrier available to the Client for the Software to be made available, and kept available, for the Client in the context of the Agreement.
7. TSpD will never be liable for damage or costs due to transmission errors, breakdowns or unavailability of telecommunication facilities, such as the internet.
8. TSpD will be entitled to assign access or identification codes to the Client. TSpD can change assigned access or identification codes. The Client will treat the access codes with confidentiality and with due care and will only make these apparent to authorised members of staff.
9. TSpD or a third party engaged during the performance of the Agreement will never be liable for damage or costs which are the result of misuse made of the access or identification codes.
10. Any arrangements concerning a service level (Service Level Agreement) will always only be expressly agreed in writing. The Client will always inform TSpD with regard to all circumstances that could have an impact on the provision of service, as well as the availability thereof.
11. If arrangements are made regarding a service level, the availability will be measured without taking into consideration any previously announced period of inactivity due to maintenance as well as circumstances which are beyond the control of TSpD, and with due regard to the Service as a whole during the term of the Agreement. Unless proof to the contrary is at hand, the availability and service level measured by TSpD will apply as conclusive evidence.
12. TSpD offers the Application on the basis of “fair use”, which means that there are in principle no restrictions imposed on the load caused by the Client, unless otherwise stated in the Agreement. TSpD does retain the right in case of excessive use, being use which is significantly more than that of the average Client, to employ - technical - measures at its discretion.
13. Immediately after first notification from TSpD of excessive system and/or network load the Client must take measures to end this. TSpD will be entitled in case of a continuing excessive system and/or network load to suspend the Application, provision of service and/or any other obligation to be fulfilled on the basis of the Agreement.
14. In the event that there is a structurally excessive system and/or network load the parties will enter into consultation regarding the costs thereof.
Article 7. Duration of the Agreement and transfer
1. The Agreement is entered into for a period of one (1) year or five (5) years, unless parties have expressly agreed otherwise in the Agreement.
2. After the expiry of the period referred to in the previous subclause the Agreement will each time be renewed tacitly for a consecutive period of one (1) year, unless one or both parties terminates the Agreement at least one (1) month prior to the end of the current period in writing or through the Website.
3. In case of termination of the Agreement the Client will immediately cease and keep ceased the use of the Application. In addition, the Client will no longer have access to the Application and his/her data after termination of the Agreement. TSpD will in case of termination of the Agreement, for whatsoever reason, not refund payments to the Client.
4. The Client will not be entitled to sell and/or transfer the rights and/or obligations under the Agreement to a third party.
5. TSpD will be entitled to transfer its claims to payments on the basis of the Agreement to a third party. TSpD will also be entitled to sell and/or transfer the rights and/or obligations under the Agreement to a third party.
6. If an Agreement is terminated or the Account is discontinued for whatsoever reasons all data will still be saved by TSpD for a period of one (1) year. Following this the data will be irrevocably removed without this being notified in advance to the Client. A copy of the data could no longer be provided in that case.
Article 8. Obligations of the Client
1. The Client is personally responsible for having and keeping available any software, hardware (including peripheral equipment) and/or (internet) connections necessary to make use of the Application.
2. The Client is personally responsible for taking the necessary measures to protect his/her equipment, software and telecommunication and internet connections against viruses, computer crime and unlawful use by third parties.
3. The Client guarantees that he/she does not use equipment or software during his/her contact with TSpD which could disrupt the usual functioning of the Website and/or the Application, nor to send data to TSpD which by their extent or characteristics could load the infrastructure of TSpD disproportionally.
4. The Client also guarantees that the Client will not use (the functionalities of) the Website and/or the Application to
• send or disseminate data which contains viruses, worms, spyware, malware or any other harmful programs, or to
• carry out calculations or conduct transactions which could disrupt, destroy or limit the functions or the functionality of the Website, Application or a program or computer or telecommunication system.
Article 9. Rates
1. The Client owes a payment on the basis of the Agreement. This payment will be further determined in the Agreement.
2. The payment will be owed regardless of the Client making use of the Application.
3. All prices are excluding service charges and excluding turnover tax (VAT) and other levies imposed by authorities. Unless agreed otherwise all prices are always in Euros and the Client must pay all payments in Euros.
4. TSpD will be entitled to adjust the applicable prices and rates after at least two (2) months from notification. If the Client does not agree to such an adjustment, the Client will be entitled to terminate the Agreement in writing within thirty (30) days from the notice of termination, with effect from the date on which the adjustment would have come into effect. However, such right to termination will not accrue to the Client if it has been agreed between parties that the applicable prices and rates will be adjusted with due regard to an index or other standard agreed between parties.
5. The agreed provision of service may be used exclusively by the Client in its own company or organisation and for a specified number or type of Licensed Users or connections for which the right of use is provided.
6. TSpD cannot be held bound by price statements which are evidently incorrect, for example as a result of an apparent entry, typesetting or printing error. NO rights can be derived from wrongful price information.
Article 10. Payment
1. Payment must always take place in the manner stated by TSpD on the Website.
2. If the Client remains in default of payment in a timely manner and/or payment in full of an invoice, the Client will be in default by operation of law. The Client will in that case owe interest of 1.5% per month or a part of a month, unless the statutory commercial interest is higher, in which case the statutory commercial interest will be owed. The interest on the due and payable amount will be calculated from the time when the Client is in default until the time of payment in full of owed amount.
3. If the Client is in default or omission of the fulfilment of its obligations (in a timely manner) all reasonable costs incurred to acquire payment without the intervention of the courts will be at the expense of the Client. The extrajudicial costs will amount to 15% of the outstanding amount with a minimum of € 125. However, if TSpD has reasonably and necessarily incurred higher costs for collection, the actual costs incurred will qualify for payment.
4. In the event that the Client has entered into the Agreement in the capacity of a consumer, the Collection Costs Act will apply.
5. TSpD has the right to apply the payments made by the Client firstly to settle the costs, subsequently to settle the interest arrears and lastly to settle the principal sum and the accrued interest.
Article 11. Suspension and Termination
1. The Client and TSpD will at all times be entitled to terminate the Agreement with immediate effect if the Client or TSpD:
• has gone bankrupt, or a petition is submitted for this purpose;
• moratorium is granted or an application for this purpose is submitted;
• ceases the operational management.
2. TSpD is entitled to suspend the fulfilment of the obligations, or to terminate the Agreement, if:
• the Client does not, not fully or not in a timely manner, fulfil the obligations under the Agreement;
• after the concluding of the Agreement TSpD acquires knowledge of circumstances that give good grounds to fear that the Client will not fulfil the obligations.
• the Client at the entering into of the Agreement has been requested to furnish security for the fulfilment of its obligations under the Agreement and this security is not forthcoming or insufficient;
• through delay on the part of Client it can no longer be required of TSpD that it will perform the Agreement under the originally agreed terms and conditions;
3. If the Agreement is terminated the claims of TSpD against the Client will be immediately due and payable. If TSpD suspends the fulfilment of the obligations it will retain its claims ensuing from the law and the Agreement.
Article 12. Liability
1. TSpD is exclusively liable for damage which is the result of an attributable failure on the part of TSpD.
2. The liability of TSpD due to attributable failure in the performance of an Agreement only arises in any event if the Client immediately and satisfactorily provides TSpD with notice of default in writing, whereby a reasonable term is set during which the breach can be remedied, and TSpD also continues to attributably fail in the fulfilment of its obligations after this period. The notice of default must contain a description of the shortcoming which is as detailed as possible, so that TSpD is able to adequately respond.
3. The total liability of TSpD due to attributable failure in the performance of the Agreement is limited to payment of direct damage or loss not exceeding twice (2) the amount of the price stipulated for this Agreement (excluding VAT), stipulated for one (1) year. However, under no circumstances will the total compensation for direct damage or loss amount to more than € 10,000 (ten thousand Euros). Furthermore, the liability of TSpD is in total limited to the amount which is in the event concerned paid under the business liability insurance taken out, plus the amount of the excess which under the policy conditions is not borne by the insurer.
4. In the event of liability TSpD will be exclusively liable for direct damage or loss. TSpD will not be liable for other direct or indirect damage or loss and consequential loss (including but not limited to purely financial loss, lost profit, costs due to business interruption, loss of business contacts ensuing from any delay, loss of (client) data, goodwill, damage as a result of claims by customers of the Client, corruption or loss of data, damage related to the use of matters prescribed by the Client to TSpD and/or defects established thereof) other than direct financial loss suffered by the Client.
5. The limitations referred to in the previous subclauses of this article will lapse if and insofar as the damage is the result of intention or gross negligence on the part of TSpD or its management.
6. The Client indemnifies TSpD against all claims which third parties allege and enforce against TSpD for compensation of damage suffered, costs incurred, lost profit and other expenditure which are related in any manner whatsoever to and/or ensue from the performance of the Agreement by TSpD.
7. TSpD does not accept any liability for any damage of whatsoever nature also suffered by the Client, which is related to the Application or the Website temporarily not being available, temporarily not being correctly available or being temporarily not fully available.
8. TSpD will never be liable for any damage of whatsoever nature suffered by the Client related to the (not) functioning of software of the Client or of third parties, of equipment of the Client, TSpD or third parties, or of internet connections of the Client, TSpD or third parties.
9. TSpD does not accept any liability for the incorrect, incomplete or untimely sending or receiving of data which is placed through the Application with TSpD.
10. TSpD will not be liable for damage and/or loss of data which is caused by actions and/or shortcomings on the part of the hosting provider.
11. Every claim for compensation against TSpD will lapse by the sole fact of the passing of twelve (12) months from the arising of the claim.
Article 13. Force majeure
1. TSpD is not obliged to fulfilment of any obligation towards the Client if it is prevented therefrom as a result of a circumstance not attributable to fault, or that in accordance with the law, a legal act or according to generally accepted standards, is not on its account.
2. Force majeure includes in these Terms and Conditions, in addition to that which is included concerning this in the law and jurisprudence, all external causes, foreseen or unforeseen, over which TSpD cannot exercise control, but as a result of which TSpD is unable to fulfil its obligations. Industrial actions in the company of TSpD and sickness of the person designated for the performance of the Agreement are included therein. TSpD also has the right to rely on force majeure if the circumstance that prevents (further) performance of the Agreement occurs after TSpD should have fulfilled its obligation.
3. This circumstance includes in any event but not exclusively: obligations imposed by authorities that have consequences for the provision of service through the internet, breakdowns in systems that form part of the internet, breakdowns in telecommunication, infrastructure, and computer hacking and failure of electricity supply. This provision not only applies with regard to TSpD, but also for the benefit of the hosting provider engaged by TSpD.
4. TSpD can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either of the parties
Article 14. Complaints regarding the provision of service
1. If the Client is dissatisfied with the execution of the provision of service, the Client can submit a complaint. It is preferable that this takes place through the contact page on the Website, but this can also take place by email to info@sheetmetal.nl. The Client will receive a confirmation of the receipt of the complaint by email from TSpD.
2. TSpD endeavours to make a response and a possible solution apparent to the Client within 3 (three) weeks from receipt. However, it can be the case that further inspection is necessary in order to respond to the complaint, as a result of which the dealing therewith may take longer. In that case TSpD will inform the Client of this.
3. The Procedure is as follows:
i. Send an email to info@sheetmetal.nl.
ii. State your personal data and telephone number where we can reach you.
iii. Give a (short) and clear description of your complaint.
iv. You will receive a response as soon as possible, but no later than within 21 (twenty one) calendar days.
v. We will do our utmost to remedy the complaint within the boundaries of what is possible and fair.
4. If the Client does complain in a timely manner, this will not suspend the Client's payment obligation.
Article 15. Confidentiality and personal data
1. Unless any provision of law, regulation or other rule obliges it thereto, TSpD is bound to maintain confidentiality, with regard to confidential information acquired from the Client, when dealing with third parties. The Client can provide an exemption concerning this. Information applies as confidential if this has been notified by the other party or if this follows from the nature of the information.
2. Unless permission has been provided in writing from the Client, TSpD is not entitled to use the confidential information which has been made available to it by the Client a purpose other than that for which it was acquired. However, an exception is made to this in the event that TSpD acts for itself in disciplinary, civil or criminal proceedings in the course of which this information could be of importance.
3. The full responsibility for the data which is processed by making use of the Service by the Client is vested in the Client. The Client guarantees towards TSpD that the data is not unlawful and does not infringe the rights of third parties. The Client indemnifies TSpD against any legal action brought by third parties, on whatsoever basis, related to this data or the performance of the Agreement.
Article 16. Right of Use of Application
1. TSpD hereby grants to the Client the non-exclusive right to use the Application/Software during the term of the Agreement for the purpose of the internal operational management of the Client for the number of Licensed Users included in the Agreement, as well as any additional orders placed during the Agreement.
2. The right of use exclusively comprises of the entitlements as expressly assigned in these Terms and Conditions. The Client is therefore not permitted to wholly or in part publish, reproduce or change the Application in whatsoever manner outside that which is referred to in these Terms and Conditions.
3. The right of use exclusively comprises of identifying, consulting and have function the Application/Software by means of a computer or similar data processing equipment in conformity with the specifications and instructions in writing from TSpD forming part thereof.
4. The right of use of the Client may only be exercised by Licensed Users and on the equipment and/or infrastructure specified in the Agreement.
5. Persons, who are employed in the organisation of the Client and with regard to whom this has been specified expressly in the Agreement, or for whom it unambiguously ensues from the Agreement that they are entitled to use the Application/ Software, will exclusively be regarded as Licensed Users.
6. The right of use will always be provided subject to the condition of payment in full and in a timely manner by the Client of the payment applicable for the Software.
7. Without prejudice to the provisions of the previous subclause the Client is not permitted to integrate or add to the software of third parties or of the Client personally the Application/Software, except for insofar as the client has acquired prior express permission in writing for this purpose from TSpD.
8. The Client will only use the Application/Software and the Website in accordance with the provisions of these Terms and Conditions.
9. TSpD will be entitled to update and upgrade the Application/Software at its discretion. TSpD will inform the Client in a timely manner regarding the processing of updates and/or upgrades insofar as these are significant for the use of the Application, all this in the opinion of TSpD.
Article 17. Intellectual property
1. All intellectual and industrial property rights to the Application, Software, Websites, data files, equipment or other matters developed or made available on the basis of the Agreement are exclusively vested in TSpD. The Client exclusively acquires the rights of use which are expressly assigned by these Terms and Conditions and the law. Every other or further-reaching right of the Client to reproduction of Software, websites, data files or other materials is excluded. A right of use accruing to the Client is non-exclusive and non-transferable to third parties.
2. The Client is not permitted to remove or change any indications concerning the confidential nature, or as the case may be concerning copyright, brands, trade names or other intellectual or industrial property rights from the Software, websites, data files, equipment or materials.
3. TSpD is permitted to take technical measures for the protection of the Software or for the purpose of the agreed restrictions of the duration of the right of use of the Software. The Client is not permitted to remove or evade such technical measures.
4. TSpD retains all rights with regard to the intellectual property which is attached to the products which it uses or has used during the performance of the Agreement.
5. The Client is not permitted to hand over these products to third parties, other than for the acquiring of an expert opinion regarding the work of TSpD.
6. TSpD has the right to also use the knowledge acquired on its part through the performance of an Agreement for other purposes, insofar as hereby no strictly confidential information of the Client is disclosed to third parties.
7. In the event of breach of the provisions of this article the Client will incur a financial penalty of € 5,000 (five thousand Euros) for each breach, respectively for each day or part of a day included therein, without prejudice to the other rights which TSpD can enforce.
Article 18. Communication
1. The Client and TSpD expressly agree that by making use of electronic means of communication a valid Agreement comes into effect, as soon as the conditions of article 3 are fulfilled. The absence in particular of a usual signature does not affect the binding effect of the offer and the acceptance thereof.
2. Communication between the Client and TSpD can therefore take place electronically, except for insofar as the agreements with the Client, or these terms and conditions, or the law derogate therefrom. The version of the communication concerned saved by TSpD will apply as evidence thereof, unless proof to the contrary is provided by the Client.
3. Electronic communication from TSpD to the Client is deemed to have been received by the Client on the day of sending, unless the contrary can be proved by the Client. Insofar as the communication has not been received as a result of delivery and/or accessibility problems affecting the email box of the Client, this will be at the risk of the Client, also if the email box is located with a third party.
4. TSpD will not be liable for misunderstandings, corruption or failed transmission of orders and notification as a result of the use of the internet or any other means of communication in the contact between the Client and TSpD, or between TSpD and third parties, insofar as related to the relationship between the Client and TSpD, unless and insofar as there might be intention or gross negligence on the part of TSpD.
Article 19. Applicable law and Conditions
1. The law of the Netherlands exclusively applies to all Agreements between the Client and TSpD. The applicability of the Vienna Sales Convention is excluded.
2. Disputes which might arise between parties by reason of the Agreement or by reason of other agreements which are the result thereof will be settled by means of arbitration by the DigiTrage Foundation, established in Utrecht.
3. The proceedings will proceed through www.digitrage.nl in accordance with the Rules of Procedure of the DigiTrage Foundation. The Rules of Procedure are published on the aforesaid website. The Rules of Procedure can also be requested from TSpD and form part of the Agreement.
4. Each party also has the right to apply to the civil court with competent jurisdiction as long as the dispute has not been submitted to the DigiTrage Foundation.
5. In the event that TSpD submits a dispute to the DigiTrage Foundation, but the Client prefers proceedings before the civil court, the Client must make this apparent in writing within one month from submission. This provision only applies to the Client who has concluded the Agreement in the capacity of consumer.
6. These Terms and Conditions are filed with the Chamber of Commerce under number 08159019 and will be forwarded free of charge by TSpD on request.
7. The version last filed, or the version as it applied at the time of the coming into effect of the legal relationship with TSpD, is always applicable.
8. The Dutch text of the Terms and Conditions is always decisive in the interpretation thereof.
