Article 1 - Definitions
General Terms: these General Terms & Conditions Trackpanel.net;
Trackpanel.net: the user of the General Terms;
Client: the natural or legal person awarding Trackpanel.net an engagement;
Agreement: the General Terms and any supplementary agreements - whether or not in writing - made between Client and Trackpanel.net;
Article 2 - General
2.1 The General Terms are applicable to all offers, quotations and agreements between Trackpanel.net and Client, respectively its successor, to the extent that parties did not expressly deviate from the General Terms in writing.
2.2 The applicability of any general terms and conditions Client uses is expressly excluded.
2.3 If any provision of these General Terms is null and void or is voided, the other provisions of these General Terms will remain fully in effect and Trackpanel.net and Client will consult with each other to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provisions will be taken into account as far as possible.
2.4 In the General Terms the term "written" shall include "by e-mail".
2.5 The Dutch version of the General Terms shall prevail over the English translation of the General Terms in case of conflicting interpretations of both versions of the General Terms.
Article 3 - Conclusion of Agreement
3.1 Client can make free use of the services of Trackpanel.net during minimal 30 days, after having registered on Trackpanel.net's website.
3.2 The Agreement is concluded at the moment of Client's registration on Trackpanel.net's website.
Article 5 - Suspension and termination
5.1 Trackpanel.net is entitled to suspend the performance of its obligations or terminate the Agreement if:
- Client does not or not completely perform its obligations ensuing from the Agreement;
- Trackpanel.net after the conclusion of the Agreement has become aware of circumstances which give her good reason to believe that Client shall not perform is obligations;
- Client at the conclusion of the Agreement is requested to provide surety for the performance of its obligations ensuing from the Agreement and this surety is not provided or is insufficient;
- there is a liquidation, (application for) a moratorium, insolvency, seizure or statutory debt adjustment on the part of Client.
5.2 Should the Agreement be terminated, the claims from Trackpanel.net on Client become due immediately.
Article 6 - Termination
6.1 Client is entitled to terminate the Agreement at all times taking into account a one month notice period.
6.2 Trackpanel.net is entitled to terminate the Agreement at all times taking into account a two month notice period.
6.3 Trackpanel.net is obligated to give the Client access to its data in downloadable form for four months before terminating.
Article 7 - Liability
7.1 Trackpanel.net shall only be liable if Client demonstrates that Client suffers or has suffered damages caused by intent or wilful recklessness on the part of Trackpanel.net. Trackpanel.net's liability is limited to the amount Client actually paid to Trackpanel.net in the previous 12 months (excluding the costs for the use of the SMS-Service).
7.2 Trackpanel.net shall not be liable for consequential damages.
7.3 Trackpanel.net shall not be liable for damages caused due to the fact that Trackpanel.net assumed false or incomplete information provided by or on behalf of Client.
Article 8 - User obligations
8.1 Client is not allowed to use Trackpanel.net's systems for other purposes than which they are designated for.
8.2 Trackpanel.net is entitled to well its services immediately and to terminate the Agreement immediately if Client violates the General Terms or any other agreements.
Article 9 - Choice of law and jurisdiction
9.1 The Agreement is governed by Dutch law.
9.2 All disputes arising from or relating to the Agreement will fall under the exclusive jurisdiction of the competent court at Zwolle-Lelystad.
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