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General conditions DATAROUTE 2016

Introduction

These are the general conditions of DataRoute.NL  (“DataRoute”) for the use of Dataroute’s digital transport documentation through the website http://www.dataroute.nl and affiliated domains, as well as the use of other services offered there.

These general conditions are for the benefit of DataRoute, its directors, employees, consultants, vendors and customers.

Transportation documentation

Transportation documentation (also known as freight letters) are required for the transportation of goods via rail, road or water. These documents are legally required based on the Act Road Transport of Goods (Wet wegvervoer goederen).

 

DataRoute strives for high quality in the execution of its services. This is a ‘reasonable efforts’ obligation (inspanningsverbintenis).  An obligation of result (resultaatsverbintenis) is not possible, due to the nature of the services.

Proposal and acceptance

Upon the customer’s request, DataRoute shall make a proposal for its services.

The proposal shall remain open for acceptance during 30 days and may not be changed during that period (other than on the basis of new information).

An agreement shall be enter into force by the acceptance of the proposal by the customer.

Subscription, payment, up/downgrading

The services are available on a subscription basis against upfront online payment or, upon request, on the basis of an invoice. A credit check may be part of the approval process.

Invoices must be paid within 30 days after the invoice date. DataRoute reserves the right to suspend the services in case of late payment (without prejudice to any of its other rights). The customer may not withhold payment during a dispute and shall not be allowed to set off any claim against a payment obligation.

Upon renewal of a subscription:

DataRoute shall send an invoice for the renewal period (month or year, depending on the current subscription) via the email address used for the registration;

payment must be received prior to the renewal date;

DataRoute may deny access to the services, if it shall not have received payment in full before the renewal date.

Changing or terminating a subscription is possible at any moment. Changes (including upgrades and downgrades) will be effective immediately. In case of an upgrade, DataRoute will only charge the higher fee for the remaining part of the subscription period; in case of a downgrade, the new fees shall apply from the first renewal date (i.e. no refund).

In case of a downgrade, data may be lost. DataRoute recommends to create a back-up before downgrading, to prevent loss of data.

Confidentiality

DataRoute shall treat the customer’s data as confidential and shall take reasonable measures to safeguard such confidentiality.

Intellectual property

DataRoute shall keep all intellectual property rights to the website, the services offered there and the underlying software. The customer shall not infringe any such rights (for example, by offering a similar service, building similar software, decompiling software, etc.)

DataRoute does not give any warranty regarding its services (e.g. absence of viruses, malware, conflicts with other software, availability, reliability, etc.).

Data protection

DataRoute shall use its reasonable endeavours to comply with the applicable regulations on data protection.

DataRoute shall not sell name, address or email addresses to any third party.

DataRoute may use the email addresses to send emails with respect to its services.

Duration and termination

The services shall be available for the duration of a subscription.

A customer may terminate the use of the service the subscription at any moment. There shall be no refund.

DataRoute may deny access to a customer in case of improper or inappropriate conduct.

DataRoute reserves the right to discontinue the service (as a whole). In such case, DataRoute shall not be obliged to make a refund.

Force majeure

In case of force majeure (overmacht), DataRoute may suspend its services. Force majeure shall not relieve the client of any payment obligation.

Liability

DataRoute shall only be liable in case of wilful intent or gross negligence of DateRoute or its directors. In all other cases, DataRoute shall not be liable, unless indicated otherwise below.

DataRoute shall never be liable for (a) consequential damages, including (but not limited to) loss of turnover or profit and/or (b) damages that are the result of an act or omission of a third party (even if DataRoute provided a link to such third party or used a third party plug-in).

DataRoute shall never be liable for damages caused by incorrect data input.

If, and to the extent that, DataRoute shall be liable, its liability shall be limited to EUR 500.

A claim for damages must be submitted forthwith and will lapse one year after the earlier of (a) the occurrence of the event that caused the damages or (b) the termination of the assignment.

International use

The client agrees to adhere to the provisions of applicable local law.

Miscellaneous

These general conditions may be revised or amended by DataRoute. In such case, DataRoute will alert the client a set of the revised general conditions. The most recent conditions are available at http://www.dataroute.nl/ algemene-voorwaarden.

Neither party can transfer any of its rights or obligations under an offer, an agreement or under these general conditions without the prior written consent of the other party. The client hereby grants its irrevocable and unconditional consent for the transfer by DataRoute of all its rights and obligations under an agreement (including these general conditions) as part of an integral transfer of its activities to a third party.

If a provision under this agreement of these general conditions shall not or no longer be valid or enforceable, such provision shall be deemed to have been replaced by a valid and enforceable provision that is closest to the original provision in terms of purpose and scope.

If the text of a provision in the agreement or in these general conditions is not sufficiently clear, the purpose of these general conditions (protection of the legal position of DataRoute) shall prevail in the interpretation of such provision. The contra preferentem rule shall not apply.

If the agreement or these general conditions do not contain a full arrangement for a certain situation, the purpose of these general condition shall prevail.

If DataRoute should not always strictly enforce a right under the agreement or these general conditions, this shall not imply that DataRoute would waive such right.

These general conditions are available in multiple languages. In case of conflict, the Dutch version will be binding.

Disputes

Dutch law is applicable.

Any disputes will be submitted to the Gelderland district court.