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General terms and conditions of Made by US
We advise you to read these Terms and Conditions carefully so that you are aware of your rights and obligations under the Agreement between you and us. You are referred to in these General Terms and Conditions as the Client. For the sake of convenience, we opt for the masculine form, but of course, where “he” stands, it also means “they”.
Article 1. Definitions
In these Terms and Conditions, the following capitalized terms always have the following meaning:
Made by US
the company Made by US, established and having its registered office in (1079 US) Amsterdam on Hunzestraat 29/1;
Terms and Conditions
these General Terms and Conditions of Made by US;
the service provided by Made by US;
Intellectual property rights
all intellectual property rights such as copyrights, trademark rights, patent rights, trade name rights, database rights and neighboring rights, as well as related rights such as rights to know-how and domain names;
you, the client and counterparty of Made by US to the Agreement;
the assignment agreement between Made by US and the Client that includes the specifications of the Services;
Made by US and / or Client.
Article 2. Applicability
The General Terms and Conditions apply to every Agreement between Made by US and the Client. Any general terms and conditions of the Client are hereby expressly rejected.
Deviations from and additions to the Agreement are only valid if agreed in writing by the Parties.
If the Contractor engages other parties to provide the Services, then these General Terms and Conditions also apply to the performance of the Services by this other party.
Made by US is entitled to change these Terms and Conditions. Substantive changes take effect one (1) month after publication. Changes to the Terms and Conditions have no effect on an existing Agreement.
Article 3. Realization agreement
Offers and offers from Made by US are without obligation, unless the offer includes a period of validity. If no period for acceptance is included, the quotation always expires after one month.
If the Client issues an order to Made by US without a prior offer, Made by US is only bound by this order after it has confirmed this in writing to the Client.
An offer for the delivery of multiple Services does not oblige Made by US to deliver part of the Services in this offer at a corresponding part of the price.
Offers, quotations, quotations and rates do not automatically apply to repeat orders and / or new orders.
Article 4. The Service
Made by US always performs its Services according to an obligation of best efforts and it does not provide any guarantee with regard to the results of its services, unless the Parties explicitly agree otherwise in writing.
Made by US will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements imposed on a professional party. If and insofar as the proper execution of the Agreement requires, Made by US has the right to have certain work performed by third parties, at the discretion of Made by US. The applicability of Article 7: 404, 7: 407 and 7: 409 of the Dutch Civil Code is expressly excluded.
Only when this has been explicitly determined in writing in the Agreement, does an agreed period count as a deadline. In all other cases, an agreed period is considered to be indicative.
Made by US is entitled to carry out the work in parts or phases, whereby each part or each phase can be invoiced separately.
Article 5. Obligations of the Client
The Client undertakes to provide Made by US with all necessary data and to provide cooperation that Made by US needs to provide the Services. Made by US may suspend the work as long as the Client does not comply with the obligation in this provision. Made by US is never liable for any damage and / or delay that has arisen due to non-compliance, late delivery or inadequate compliance with the information and cooperation obligation referred to in this article.
Article 6. Termination of the Agreement
The duration of the Agreement is determined in the Agreement itself.
Made by US is permitted to terminate an Agreement in writing at any time with due observance of a cancellation period of one month. Made by US is not obliged to any form of compensation and / or financial compensation as a result of an (interim) cancellation.
Either Party has the right to terminate the Agreement in whole or in part with immediate effect when the other Party goes bankrupt or the other Party is granted suspension of payment, as well as when the business of the other Party is dissolved or goes into liquidation.
If the Agreement is terminated at any time and Services have already been performed at that time, the Services already performed and the related payment obligation of the Client will not be subject to any cancellation obligation, unless the Client can prove that Made by US is in default. with regard to specifically those Services. Amounts invoiced by Made by US prior to the dissolution in connection with the services already properly performed or delivered in the context of the execution of the Agreement remain fully payable and are immediately due and payable at the time of dissolution.
The Client is liable to third parties for the consequences of the cancellation and will indemnify Made by US against claims arising from these third parties.
Article 7. Reimbursement and Payment
All amounts as stated in an offer, quotation or Agreement are in Euros and are stated including VAT and any other government levies, unless stated otherwise.
Client must pay the invoice in full within a period of one month after the invoice date. This payment term applies as a strict deadline and the Client is therefore in default without further notice of default if payment is not made on time.
If the Client is of the opinion that the amount of the invoice is incorrect, or that there are any other deficiencies in the invoice, he must immediately notify Made by US, with convincing evidence of its position. Disputing for (a part of) an invoice does not suspend the payment obligation of the Client with regard to (the undisputed part of) an invoice.
Made by US is entitled to adjust its rates at any time. Made by US will inform the Client of this at least 2 (two) months prior to a rate change. If Made by US has announced a rate change, the Client may cancel the Agreement until the rate change takes effect. The Client must thereby observe a cancellation period of one month.
Made by US is entitled to increase its rates annually in accordance with the Consumer Price Index, as published by the Central Bureau of Statistics, without this giving the Client the right to terminate or otherwise terminate the Agreement.
Article 8. Intellectual Property Rights
All Intellectual Property Rights that rest on documents or materials that the Client hands over to Made by US in the context of the execution of the Agreement, remain with the Client at all times. Client provides Made by US with a worldwide, non-exclusive and sublicensable license to use the materials supplied for the execution of the Agreement.
The Intellectual Property Rights held by Made by US upon entering into the Agreement remain with Made by US.
If and insofar as during the execution of the Agreement Intellectual Property Rights arise on the result of the Services, these Intellectual Property Rights will rest with the Client. Made by US hereby hereby transfers these Intellectual Property Rights to the Client, on condition that the Client has paid all amounts due to the Contractor.
Article 9. Liability
Made by US is not liable for indirect or consequential loss, such as loss of profit, loss of revenue, loss of expected savings and other similar financial losses, as well as loss of goodwill or good name or reputation.
To the extent that Made by US is liable, that liability is limited to a maximum of the compensation that the Client has paid under the Agreement.
Article 10. Miscellaneous
Client is not entitled to transfer rights and / or obligations arising from the Agreement to a third party without permission from Made by US, unless the Parties have expressly agreed otherwise in writing.
If any provision of this Agreement is or becomes not valid or binding, the Parties will remain bound by the other provisions. The Parties will then, in good consultation, replace the invalid provisions with another that is valid and that approximates the intention of the Parties as much as possible.
Dutch law applies to the Agreement. All disputes arising from the Agreement must be submitted in the first instance to the competent court in the district where Made by US is established.