![]( "Here is the translation of the provided HTML content from Dutch to UK English, with all HTML tags preserved exactly as they were.
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<h2>1. General</h2>
<p>1.1 These general terms and conditions (hereinafter:")
1.2 These Terms also apply to agreements with User for the execution of which third parties must be engaged.
1.3 The applicability of any purchase or other terms and conditions of the Client is expressly rejected.
1.4 If one or more provisions of these Terms are void or voidable, the remaining provisions of these Terms remain fully applicable. User and Client will then consult to agree on new provisions to replace the void or voidable provisions, whereby the purpose and scope of the original provision are observed as much as possible.
1.5 If uncertainty exists about the interpretation of one or more provisions of these Terms, the interpretation must take place 'in the spirit' of these provisions.
1.6 If User does not always require strict compliance with these Terms, this does not mean that the provisions thereof do not apply, or that User would in any way lose the right to require strict compliance with the provisions of these Terms in other cases.
1.7 If User, for the benefit of the Client, wishes to use the services of third parties, User is authorized to do so without informing the Client. The costs thereof will be passed on to the Client, unless otherwise agreed.
2. Offers and Formation of the Agreement
2.1 All offers of User are without obligation, unless a term for acceptance is stated in the offer. If the offer is not accepted within the stated term, the offer lapses.
2.2 The agreement is concluded at the moment the Client accepts the offer and meets the conditions set by User therein.
2.3 If the Client has not accepted an offer or assignment, User is entitled to withdraw the offer within 3 working days after the offer has been sent.
2.4 User cannot be held to its offer if the Client can reasonably understand that the offer, or a part thereof, contains an obvious mistake or typographical error.
2.5 The Client is obliged to immediately report any deviations from the agreement to User.
3. Execution of the Agreement
3.1 User will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. User will do everything that can reasonably be expected of it to ensure proper and timely execution of the assignment.
3.2 If and insofar as proper execution of the agreement requires, User has the right to have certain work performed by third parties.
3.3 The Client must ensure that all data, which User indicates are necessary or which the Client should reasonably understand are necessary for the execution of the agreement, are provided to User in a timely manner. If the data required for the execution of the agreement are not provided to User in a timely manner, User has the right to suspend the execution of the agreement.
3.4 The Client guarantees the correctness, completeness, and reliability of the data provided to User, even if these originate from third parties.
3.5 User is not liable for damage, of whatever nature, because User relied on incorrect and/or incomplete data provided by the Client, unless User knew or should have known of this inaccuracy or incompleteness.
3.6 If during the execution of the agreement it appears that the data provided by the Client are insufficient to properly execute the agreement, User will inform the Client thereof. The additional costs resulting from the delay caused thereby will be borne by the Client.
3.7 User is not obliged to follow instructions of the Client that change or supplement the content of the agreement. If the instructions result in work being performed outside the agreed assignment, these will be charged separately to the Client.
3.8 If the agreement is executed in phases, User can suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.
3.9 The Client indemnifies User against any claims from third parties regarding the execution of the agreement, which are attributable to the Client.
4. Delivery Periods
4.1 The delivery periods stated by User are indicative and are not deadlines, unless expressly agreed otherwise in writing. If a delivery period is exceeded, the Client must therefore give User a written notice of default.
4.2 User will make every effort to meet the agreed delivery periods as much as possible, but exceeding a delivery period does not entitle the Client to dissolution or compensation, unless the delivery period is so long that the Client can no longer be expected to maintain the agreement.
4.3 If User expects that it cannot meet a delivery period, it will inform the Client thereof as soon as possible.
5. Fees and Payment
5.1 All fees are exclusive of VAT and other government levies, unless otherwise stated.
5.2 Unless otherwise agreed, the Client must pay the fee within 14 days after the invoice date, without any deduction, set-off, or suspension.
5.3 If the Client fails to pay within the term, the Client is in default by operation of law. The Client then owes interest of 1% per month on the outstanding amount, unless the statutory commercial interest is higher, in which case the statutory commercial interest applies. The interest on the outstanding amount will be calculated from the moment the Client is in default until the moment the full amount is paid.
5.4 If the Client remains in default after a reminder, all reasonable costs incurred by User to collect the outstanding amount are for the account of the Client. These costs include, but are not limited to, costs of bailiffs, lawyers, and collection agencies.
5.5 User is entitled to suspend the execution of the agreement until the Client has paid the amounts due.
5.6 User is entitled to require the Client to provide security for payment before executing the agreement.
6. Intellectual Property
6.1 All intellectual property rights to all designs, drawings, software, documentation, advice, reports, and other materials developed by User in the context of the agreement, rest exclusively with User, its licensors, or its suppliers.
6.2 The Client is not permitted to change, duplicate, or make available to third parties the materials referred to in paragraph 1, without the prior written consent of User.
6.3 The Client indemnifies User against any claims from third parties regarding the infringement of intellectual property rights, if the Client provides materials to User and these materials infringe the rights of third parties.
7. Confidentiality
7.1 Both parties are obliged to maintain confidentiality of all confidential information obtained from each other or from another source in the context of the agreement. Information is considered confidential if the other party has indicated this or if this reasonably follows from the nature of the information.
7.2 The Client is obliged to maintain confidentiality of the content of the agreement and the services provided by User.
7.3 User will take all reasonable measures to ensure the confidentiality of the Client's data.
8. Liability
8.1 User is only liable for direct damage suffered by the Client as a result of a attributable shortcoming in the performance of the agreement, provided that the Client reports the damage in writing to User immediately after it has arisen, but no later than 14 days after the damage has arisen.
8.2 The liability of User is limited to the amount paid out by its liability insurance in the relevant case. If no payment is made by the insurance company for whatever reason, the liability of User is limited to the amount of the fee charged for the agreement, with a maximum of € 5,000.
8.3 User is never liable for indirect damage, including consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business interruption, damage due to delay, or damage due to loss of data.
8.4 The limitations of liability contained in these Terms do not apply if the damage is due to intent or gross negligence of User or its management.
8.5 The Client indemnifies User against all claims from third parties for damage of which the cause is attributable to the Client.
9. Force Majeure
9.1 In case of force majeure, User is not obliged to fulfill its obligations towards the Client. User is also not obliged to compensate damage suffered by the Client as a result of force majeure.
9.2 Force majeure includes, in addition to what is understood by law and jurisprudence, all external causes, foreseen or unforeseen, over which User cannot exert influence, but as a result of which User is unable to fulfill its obligations. This includes, among other things, strikes, fire, business failures, power failures, failures in a network connection, failures in the internet infrastructure, failures in telephone connections, disruptions in the supply of raw materials, and illness of personnel.
9.3 If a situation of force majeure lasts longer than 30 days, both parties are entitled to dissolve the agreement in writing, without any obligation to compensate damage.
10. Dissolution and Suspension
10.1 Both User and Client can dissolve the agreement in writing if the other party, after being declared in default, fails to fulfill its essential obligations under the agreement within a reasonable term.
10.2 User is entitled to dissolve the agreement with immediate effect by means of a written declaration if the Client applies for a suspension of payments, files for bankruptcy, or if the Client's company is liquidated or terminated.
10.3 If the Client dissolves the agreement for a reason attributable to User, User is entitled to compensation for the work already performed, unless the Client proves that User is in default with regard to that work.
10.4 If the Client dissolves the agreement for a reason attributable to User, User is obliged to refund the fees already paid by the Client, minus the costs incurred by User for the work already performed.
10.5 If the Client dissolves the agreement for a reason not attributable to User, User is entitled to the full fee.
11. Complaints
11.1 The Client must check the delivered services for any shortcomings immediately after delivery. Any shortcomings must be reported in writing to User within 14 days after delivery, failing which the Client is deemed to have accepted the delivered services.
11.2 If a complaint is justified, User is obliged to re-perform the delivered services as agreed, unless this has become demonstrably pointless for the Client. The Client must give User the opportunity to re-perform the delivered services.
11.3 A complaint does not suspend the payment obligation of the Client.
12. Applicable Law and Disputes
12.1 Dutch law applies to all legal relationships to which User is a party.
12.2 All disputes arising from or in connection with the agreement between User and the Client will be submitted to the competent court in the place where User is established, unless mandatory legal provisions prescribe another competent court.
12.3 If the Client is established outside the Netherlands, User is entitled to choose between the competent court in the place where User is established and the competent court in the place where the Client is established.
13. Final Provisions
13.1 These Terms are also made for the benefit of all persons employed by User and all third parties engaged by User for the execution of the agreement.
13.2 User is entitled to change these Terms. Changes will also apply to agreements already concluded, with due observance of a term of 30 days after the announcement of the change to the Client. If the Client does not want to accept a change, it can dissolve the agreement within the term of 30 days.
13.3 If the Client is a legal person, the obligations under the agreement also bind the persons who are authorized to represent the Client.
13.4 These Terms are filed with the Chamber of Commerce.
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