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Terms Trademark Heemskerk BV

Article 1 – General

Trademarks Heemskerk BV, hereinafter referred to as “the Agency”, is among other things concerned with the registration of trademarks and designs, domain names and copyrights as well as research on the availability and constant supervision, as well as providing (legal) advice regarding intellectual property rights , hereinafter referred to as “the Services”.

Article 2 – Applicability

2.1 These Terms and Conditions (the “Terms”) apply to all legal relationships (including quotations, contracts and all pre-contractual situations) between the Contractor and any third party (the “Principal”) which directs the Contractor to perform any work in particular Services.

2.2 These Terms and Conditions are also stipulated for the benefit of third parties whether or not employed in the execution of an order to be engaged by the Contractor or in connection therewith may be held liable.

2.3 If any provision of the Terms is found to be invalid, the remaining provisions shall apply where the intended effect – by inclusion of a replacement or provision in force – are approximated as closely as possible.

Article 3 – Implementation activities

3.1 The Contractor shall endeavor to the best work to be done. There is an obligation on the part of the Contractor. There is not an obligation of result.

3.2 If a contract, an offer or any other commitment of the Contractor not been confirmed in writing by the Contractor, the Customer can not derive any rights from the contract or any commitment of the Contractor.

3.3 Unless there is proof of the Client is the explanation given by the Contractor of the contents and scope of the agreement shall prevail.

3.4 The contractor reserves the right to refuse orders without giving any reason.

3.5 The Contractor is authorized to engage in without prior notice to the Client in the execution of the third command whose costs are passed on to the Client.

3.6 The contractor does not guarantee the accuracy or completeness of its (or her intervention) performed consulting and investigations (and results) to trademarks, designs, trade names and other intellectual property rights. Customer acknowledges that the activities of the Contractor have an advisory character.

3.7 Recommendations regarding the possible availability of a model, domain name or other intellectual property right be voluntary given by the Contractor.

3.8 The consequences of a decision by the Principal for a model, trade name or domain name or not (do) perform as well as all other decisions following advice given by the Contractor shall be borne by the Client.

3.9 The Contractor shall not be obliged to instruct its work or

to perform a particular time, unless otherwise agreed in writing.

Article 4 – Liability and Damages

4.1 Contractor agrees, except for gross negligence or intent, no liability to the Client for any damage. In any assumption of liability by the Client towards the Contractor in respect of the burden of proof rests entirely on liability and damages and the Customer accepts this burden of proof.

4.2 If and insofar as the Contractor without prejudice to the above, towards the Client is liable, on any grounds whatsoever, this liability is at all times limited to the invoice value of the contract which gave rise to the injury.

In any event the compensation referred to in this paragraph will exceed € 2,000.00.

4.3 The Contractor accepts no liability for loss arising from or connected with incorrect or untimely data supplied by the Client. Providing inaccurate and / or incomplete information by the Client (even though they are fully provided in good faith) is a shortcoming, which can give rise to the Contractor terminate the agreement.

4.4 If circumstances lead to third-party claims against the Contractor shall indemnify the Contractor thereof. Contractor shall never be liable for consequential damages.

Article 5 Force Majeure

5.1 In case of force majeure will be entitled, without judicial intervention, suspend the execution of the agreement to suspend long as the circumstances which continues constitutes force majeure, or to terminate the contract in whole or in part without being liable to any compensation or penalty.

5.2 Force majeure includes all of the will of the Contractor independent circumstances to fulfill an obligation under the agreement to prevent temporary or permanent. Force majeure is also understood to mean disease Contractor and do not have sufficient data or providing false data by the Client.

5.3 The Contractor is entitled to demand payment for the work, undertaken in pursuit of the agreement before the force majeure situation has shown. The Client is still obliged to pay compensation to the Contractor for work done in the exercise of the relevant agreement and / or costs incurred before the force majeure causing conditions was discussed.

Article 6 Termination / suspension / compensation

6.1 If (i) bankruptcy, suspension or is applied for a debt restructuring scheme with regard to the Customer, (ii) the Client ceases or liquidation of its business or an important part thereof or if a decision is taken, or (iii ) Principal one or more obligations towards the Contractor or not properly or timely fulfill, all the other (remaining) claims of the Contractor against the Customer due immediately.

6.2 The Contractor in the cases referred to in paragraph 1 shall be entitled, without obligation to pay damages and without prejudice to its other rights and without any prior formal notification the agreement in whole or in part buitengerechtelijk to dissolve or to require security for the (timely) performance the payment of the Principal before further implement the agreement.

Article 7 Obligation to inform

The Client is obliged to inform immediately if any circumstance referred to in Article 6, paragraph 1 occurs, or if the Client due to force majeure is unable to fulfill its obligations towards the Contractor.

Article 8 Applicable law and jurisdiction

All agreements concluded between the Contractor and the Client and / or done only Dutch law.The competent court in Amsterdam is entitled to take any disputes between the Contractor and the Client knowledge.

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