Terms of ServiceVersion 3.0, Last update January 17, 2013.
Registered at the Chamber of Commerce at number 17126473.
Hereafter referred to as LowVoice.
TABLE OF CONTENTS
Article 1 Definitions
Article 2 Applicability Conditions
Article 3 Offers, quotes and quotation
Article 4 Prices and rates
Article 5 Rate Changes
Article 6 Compliance
Article 7 Obligations of the Affiliate Contract
Article 8 Typesetting, printing and other tests
Article 9 Protection Act
Article 10 of the Installation Services
Article 11 Acceptance of Services
Article 12 Use of Services
Article 13 Delivery of Hardware
Article 14 Delivery, storage and other risks Services
Article 15 Ownership
Article 16 Equipment LowVoice
Article 17 of the Equipment Contract Partner
Article 18 Telecommunications
Article 19 of use of hardware and software
Article 20 Amendment Request
Article 21 Payment
Article 22 Warranty
Article 23 Liability
Article 24 Force Majeure
Article 25 Suspension and Dissolution
Article 26 Term of agreement
Article 27 Employee termination
Article 28 Intellectual Property Rights and Use
Article 29 Samples and Models
Article 30 Confidential Information
Article 31 Employees
Article 32 Assignment
Article 33 Safeguarding
Article 34 Applicable law and jurisdiction
In these Conditions the following terms have the following meanings.
The test conducted in accordance with Article 11.
These Terms and Conditions.
Equipment Contract Partner
All equipment used by or on behalf of the contracting party to LowVoice is made available to ensure the provision of the Services under the Agreement.
All equipment used by or on behalf LowVoice to the Contract Partner is made available and at a location is installed, kept or stored for the purpose of providing the Services under the Agreement.
The agreed or under these Terms and Conditions applicable term of an agreement signed by LowVoice and Contract Partner, and all renewals of such an agreement.
The (legal) person who LowVoice is negotiating the conclusion of an agreement or an agreement.
Date of Acceptance Test
The date on the latest LowVoice Contract Partner must report that LowVoice ready for the execution of an Acceptance Test.
By LowVoice to the contracting party to provide services or goods to be delivered, regardless of their nature.
Computer Services Description
The description of specific services in the field of computer services and database management.
Documentation that the technical specifications and functionality as part of the operation (parts of) the software or hardware are described.
All hardware and system software if not by LowVoice adapted and corresponding data carriers.
Start date Services
The day of the Acceptance Test was successfully completed or is deemed to be successfully completed or, if not for certain Services Acceptance Test is required, the date laid down in the Agreement.
All copyrights, copyright similar rights and all other industrial and intellectual property rights.
The building where the LowVoice Services should be granted and / or Equipment LowVoice should provide and / or installation, as specified in the Agreement.
LowVoice belonging to the companies, affiliates and / or businesses.
Any agreement, including all attachments, and a contract signed by LowVoice Partner focusing on the provision of services.
Circumstances that prevent a party to an obligation under the Agreement but not meet the cost and risk of Parties.
LowVoice and / or the Contract Partner.
All programs and changes thereto, and the media on which these statements and the accompanying documentation, including new versions.
Variable or fixed costs by the contract partner to LowVoice should be paid for services based on agreed prices and rates as specified in the Agreement.
By LowVoice of documents and other information carriers with a final status assigned reference.
A formal request by either Party to the other party to supplement, modification or waiver of the Service or the terms of the Agreement.
Unless expressly agreed otherwise in writing, the provisions of these Terms and Conditions apply to all offers and agreements with LowVoice. Purchase or other (general) terms of the contract partners are not part of agreements with LowVoice LowVoice unless their written consent.
If one or more provisions of the Agreement or this agreement is not legally invalid, the remaining provisions of the Agreements in force. A provision is not legally be deemed superseded by a valid provision that is intended (right) result of the original provision as closely as possible.
LowVoice is entitled to unilaterally change the terms and conditions. Any changes made by LowVoice in this agreement are made applicable against the contract partner from one month after the date the Contract Partner in writing or electronically of the modified Terms and Conditions shall be informed, unless the Contract Partner LowVoice within ten (10) Business Days of receipt of that notification in writing that they know that they object to the change in the General Conditions.
Offers, quotes and quotation
The mere submission of a bid or not designated as quotation, budget, cost estimation or similar communication LowVoice not obliged to conclude an agreement with the Contract Partner.
All offers are subject LowVoice, even if on a deadline for acceptance or a different period of validity has been called.
If the acceptance (whether or not to subordinate items) from a range of LowVoice is no agreement, unless LowVoice agrees in writing to the different acceptance of the offer.
If both parties implement the agreement without LowVoice has agreed in writing with the offer of LowVoice deviating acceptance by the Contract Partner will parties mutually bonded in accordance with the offer of LowVoice and continue the exceptional provisions of the acceptance by the Contract Partner not apply, except where such derogations LowVoice later (partially) accepts.
A compound quotation LowVoice not to perform a portion of the assignment against a corresponding part of the price.
Prices and rates
All quoted and agreed prices, including cost estimates, may by LowVoice be increased by additional costs such as shipping costs (including postage), transportation, travel and accommodation expenses, administrative costs, the involvement of third parties, VAT and other government levies, unless expressly agreed otherwise.
All prices and rates by LowVoice be abandoned or in the Agreement referred to annually on January 1 will be adjusted in accordance with any increase in the monthly price index according to the latest consumer price index (CPI), published by the Central Bureau of Statistics (CBS ) or, if this index is no longer published, a comparable alternative. Prices and rates are not adjusted downward.
LowVoice is entitled to the price and additional costs prior to the execution of the Agreement as a whole to charge, unless otherwise agreed in writing.
If the Agreement is indefinite LowVoice entitled to charge its regular amounts to charge by LowVoice dates to be determined.
LowVoice is entitled to the agreed prices and / or rates to increase when one or more of the following circumstances occur after the conclusion of this Agreement:
- Increased costs of materials, intermediate products or services required for the execution of the contract necessary (including postage and other transportation costs);
- Increase in shipping costs, wages, employer costs, social insurance, the other employment costs involved, increased government levies on raw materials, energy or waste, a significant change in exchange rates or, in general, conditions with some comparable;
- Intractable text, faulty media, faulty computer or data files, improper methods of delivery of the contract partner to provide materials, information or products and all such supplies by the Contract Partner LowVoice more work or costs than they enter the agreement could reasonably expect;
- Special handling or reasonably unforeseeable difficulties arising from the nature of the processed materials and products;
- A cost that exceeds normal inflation;
- Significant influence on the economic basis of the Agreement as a result of directives from the national or European systems of government or utilities or insurance companies;
If the agreed rate by LowVoice is based on an agreed minimum purchase within a certain period and the minimum purchase by the contract partner is not reached within that period, then LowVoice entitled to still the price to charge based on actual purchase within the period. In practice, this usually come down to the still charging on the basis of the minimum purchase discounts given.The powers of LowVoice under this Article shall affect other rights LowVoice.
LowVoice Contract Partner will be informed of changes in price and / or rate inform. LowVoice will specify the extent of the change and the date the change has been made or will take effect.
Unless the Agreement otherwise expressly provided, all made LowVoice mere descriptions and descriptions of performance standards by LowVoice no express or implied representation or warranty with respect to performance or other data.
LowVoice in the provision of the Services is not obliged to instructions of the contracting party to follow, unless otherwise expressly provided in the Agreement. If the Agreement such provision is held LowVoice only the instructions of the contracting party to follow if it is timely and clear information. The Contract Partner must LowVoice and its employees, suppliers and subcontractors to indemnify against third party claims resulting from compliance with the instructions given by the Contract Partner.
LowVoice has the right to implement certain services to outsource to third parties.
If it is agreed that the services be provided in stages, LowVoice has the right to the commencement of work that belongs to the next phase of the contract to partner the results of the preceding stage in writing.
LowVoice has the right, after notice to the contracting party, subject to a period of at least 24 hours, the Service temporarily to suspend in whole or in part, if this is necessary to perform maintenance.
LowVoice can make changes to the way services are provided if the provision of services more efficiently is made at the discretion of LowVoice. LowVoice is not liable for costs incurred by the Partner Contract resulting from such changes, provided the contract partner LowVoice time for change has warned.
LowVoice a specified or agreed time limit, only an approximation.
Of default on the part of LowVoice can occur only if and after the Contract Partner LowVoice of default, and a reasonable period for compliance is given.
An agreed delivery period expires if the contract partner change in the specifications of the work would, in time the necessary materials and / or information to LowVoice does not meet its payment toward LowVoice, and / or other obligations under the agreement fails.
Obligations of the Affiliate Contract
If for the execution of the agreement required data and / or materials in time to LowVoice are provided, LowVoice the right implementation of the agreement to suspend and / or resulting from the delay additional costs according to the usual rates to the Contract Partner to charge.
The contracting party is obliged to carry through LowVoice of the Agreement needed goods (including materials and products) and / or to provide information, including one for implementation by LowVoice the Agreement reasonable amount of material for experiments, testing, inserter, etc.
If the contracting party goods and / or information for the execution of the Agreement LowVoice should deliver, the contract partners for these timely and proper delivery care for normal planned production. The Contract Partner will submit LowVoice receive instructions.
Confirmation of receipt of goods and / or information does not LowVoice by the recognition that a sufficient or on the shipping documents specified amount has been received.
The contracting party guarantees to guarantee that all of LowVoice LowVoice made available goods and / or information are appropriate for use by LowVoice in implementing the Convention.
The contracting party guarantees to LowVoice also in that it is competent for it to LowVoice supplied goods and / or information and that LowVoice responsible for providing goods and / or information for the implementation of the agreement. The Contract Partner will indemnify LowVoice against all claims arising from any unauthorized disclosure and / or unauthorized uses as referred to above.
LowVoice is not liable for falling short in the performance of this Agreement and such failure is caused by exceptional circumstances or reason for LowVoice unforeseeable processing difficulties arising from the nature of the contract partner delivered goods and / or information.
The Contract Partner LowVoice held prior to the provision of samples, materials and information in writing and explicitly warn special difficulties and / or health posed by the implementation of the arrangements.
The contracting party guarantees that LowVoice provided information carriers, electronic files, software etc are free of viruses and defects.
If by LowVoice or LowVoice third parties under the Agreement effective manners are performed at the location of the contracting party or by the contracting party designated facility carries the Contract Partner for free care by the employees of LowVoice or LowVoice third parties engaged in reasonably required facilities. 7.11 If LowVoice to the contracting party during the execution of the agreement, made available, the contract partner obliged delivered on demand by LowVoice within 14 days in original condition, free from defects and in their entirety. 7.12 If the contract partner, for whatever reason, after a notice to that effect, pursuant to Art. 7.11 fails to fulfill its obligations, has the right LowVoice the resulting damage and costs, including replacement costs, the contracting party to recover. Article 8 Typesetting, printing and other tests 8.1 The contracting party is held by him whether his request received LowVoice typesetting, printing or other errors and defects trials carefully monitor and urgently corrected or certified with a signature LowVoice return. 8.2 By adopting the test confirms that the Contract Partner LowVoice the tested prior work done correctly. Article 9 9.1 Data Protection Act The contracting party guarantees that the provision of data relating to the implementation of the Agreement shall be in accordance with applicable laws and regulations, particularly the Data Protection Act. The Contract Partner will indemnify LowVoice against all third party claims based on non compliance with the obligations mentioned in this article. Article 10 10.1 Installation Services The contracting party must ensure that each location as of the date and time specified by LowVoice ready for delivery of the agreed services by LowVoice. 10.2 At the request of LowVoice, the contract partner, for its own account, an area to supply equipment that meets specified environmental conditions and by LowVoice a suitable workspace with heating, lighting, ventilation, air conditioning and electricity points, as specified by LowVoice. Article 11 11.1 Acceptance of Services If the Agreement provides for an Acceptance Test (part of) the Services, the relevant Acceptance Test to be performed under a proposed LowVoice acceptance procedure. 11.2 The Acceptance Test shall be deemed successfully completed and the relevant services are deemed by the contract partner to be accepted, unless the Contract Partner LowVoice within ten (10) days counted from the day the Acceptance Test was conducted in writing, reasons to inform suggests that the Acceptance Test in its vision has not been successfully completed. 11.3 If, under paragraph 1 of this Article provides for an Acceptance Test and Services in more than one location must be provided for each location an Acceptance Test. 11.4 The contracting party shall at once (ex-) delivery of the Services provided by LowVoice both appearance and content control in order to determine whether they meet the agreement. 11.5 The contract partner has any complaints about services provided by LowVoice as soon as possible but in any case within 10 days after (it) delivery, at least within 10 days after discovery was reasonably possible, in writing to LowVoice. The contract partner is the alleged breach as detailed as possible. 11.6 Facts that more than one year after delivering the services come to light can never justify the assertion that the performance and / or the case does not comply with the Agreement. 11.7 Barring proof to the information available LowVoice side for the delivery of critical services. Article 12 12.1 Using the Service The contracting party shall unless otherwise agreed only to the designated location using the Services provided by LowVoice. Using the Services to be taken into by LowVoice instructions. 12.2 The Contract Partner will only equipment used by LowVoice approved for use and complies with legal regulations connected to a network or equipment that / which is owned or LowVoice LowVoice when in use. 12.3 The contracting party is obliged to follow instructions LowVoice if telecommunications traffic is hampered by the use of the Services or through your use damage likely to arise in networks, equipment or stored data. LowVoice has if its directions are not followed the right to immediately suspend the Services and / or Equipment LowVoice all or part of disconnect to prevent damage. 12.4 Data is sent and / or transported for account and risk of the contract partner, even if the relevant LowVoice dispatch or treat or care for transportation. Article 13 13.1 Supply of Hardware Unless otherwise agreed in writing by the Parties, all hardware, including the packaging, while working on location to the Contract Partner supplied. From the moment that actual delivery to the entrance of the location has been wearing the Contract Partner risk of loss and any other form of (power) loss related to (delivery of) the hardware, even if it is agreed that LowVoice care Before installing the hardware, or gross negligence on the part of LowVoice. Actual delivery is also considered to have occurred when the hardware is ready LowVoice the agreed location, date and time of transfer, but the contracting party does not accept the hardware. Article 14 14.1 Delivery, risk and other storage services LowVoice delivery of goods to the contracting party is done by actually providing those goods to the contracting party or to the carrier, regardless of who the carrier is enabled. 14.2 Transport of goods at the expense and risk of the contract partner, unless the parties agree otherwise in writing. 14.3 The acceptance of goods from LowVoice by the Contract Partner is proof that this appearance in good condition, unless the contrary from the bill of lading or receipt. 14.4 Storage of goods, including storage at the request of the Contract Partner awaiting delivery to the contracting party, the expense and risk of the contract partner. 14.5 The contracting party shall arrange for insurance of goods stored in or LowVoice. Article 15 15.1 Ownership All LowVoice to the contracting party provided hardware, software and / or other services, including designs, sketches, drawings, films, software, and (e) shall remain the property of LowVoice until the Contract Partner all obligations with LowVoice contracts, compensation , including costs and interest, is fulfilled. The contract partner has no right of lien on goods supplied. 15.2 The contract partner is not entitled under the title falling to pledge property or otherwise encumber. 15.3 The contracting party shall, on the first purpose-oriented cooperation to request it under assumption by LowVoice of goods subject to ownership of LowVoice rest. 15.4 During the period that the Contract Partner not meet its obligations under an agreement meeting has LowVoice a lien on all Software, including the benefit of the Contract Partner generated and processed data, as well as the hardware used by the contracting party in connection with the execution of Agreement have been made available. Article 16 16.1 Equipment LowVoice The Contract Partner will LowVoice Equipment not delete, move, modify or connect other devices without the prior written permission of LowVoice. 16.2 The Contract Partner will ensure that the Equipment LowVoice at a location suitable for the installation and operation of the Equipment, at the discretion of LowVoice. 16.3 LowVoice is responsible for the maintenance of its owned equipment belonging. The Contract provides for this purpose to employees of partner LowVoice and / or employees of LowVoice by third parties access to the equipment during working hours. 16.4 The contracting party is liable for damage to existing equipment in a location that belongs to LowVoice property, unless the contracting party proves that the damage caused by employees or subcontractors of LowVoice. 16.5 LowVoice is not liable for damages caused by its ownership of equipment belonging. The contract partner indemnifies LowVoice and its employees, suppliers and subcontractors against all third party claims relating to damage caused by LowVoice Equipment, except to the extent that damage is the result of willful misconduct or gross negligence of employees LowVoice. 16.6 The Contract Partner will not make changes to the technical condition of the property belonging to LowVoice Equipment and refrain from analyzing the characteristics of the property belonging LowVoice hardware and software, for example by reverse engineering. 16.7 The Contract Partner will LowVoice as soon as possible to notify of any change or deterioration in the condition of the Equipment or the suspicion thereof. Article 17 17.1 Equipment Contract Partner LowVoice is not liable for damage to or caused by equipment owned belongs to the contracting party, unless intent or gross negligence by employees of LowVoice. 17.2 The contracting party is liable for damage caused by or related to a malfunction or failure of the property belonging Equipment Contract Partner. 17.3 LowVoice have the right equipment in its possession belonging to the contracting party to retain them until the contract partner has paid all claims of LowVoice. LowVoice may also exercise this right of retention if claims arising from previously signed agreements have not been paid by the Contract Partner. Article 18 18.1 Telecommunications Unless otherwise expressly agreed, the contractual partner responsible for the presence of telecommunications facilities on its location (s), if that presence is necessary for the provision of Services by LowVoice. 18.2 LowVoice is not liable for damage caused by loss of or unauthorized access to data transmitted using the Affiliate Contract made available telecommunications facilities. Article 19 19.1 User hardware and software If LowVoice rights to Hard-or Software LowVoice in the context of the implementation of the Convention uses LowVoice be denied or lose those rights for other reasons or no longer can exercise the right to have LowVoice Agreement in whole or in part.LowVoice if this right is to inform the contract partner it in writing. Article 20 20.1 Change Request Changing the contents of an agreement is only possible by filing an appropriate written amendment request. If the other party agrees to the proposed amendment, the amendment that bears the Party did ensure that the changes be documented and attached to the Agreement are attached. 20.2 The attachment which the agreed changes were also describes the possible financial implications of the changes are linked. The annex is only part of the Agreement by both Parties if such agreement is signed and dated. Article 21 21.1 Payment The contracting party shall, within fourteen (14) days from the day following the invoice date care for the payment of invoices by LowVoice in the LowVoice given currency, using the LowVoice specified payment, subject to the following subsection some. 21.2 If an invoiced amount at maturity is not credited, is the contracting party in default without further notice or written notice is required. LowVoice failure occurs when it is authorized to implement the Agreement with immediate effect to suspend, without any notice or other action is required. 21.3 Objections to the amount of invoices suspend the payment obligation. 21.4 In case of late payment, the contract partner interest of 1.5% of the unpaid invoice amount per month. The interest on the amount due is calculated from the day the contract partner is in default, until the day the unpaid invoice amount is paid. The contract partner is not timely payment for the purposes of this article not only obliged to pay the principal and interest, but also to pay extra-judicial and judicial costs. The extra-judicial costs are set at 15% of the principal plus interest, with a minimum of € 200.00, unless the actual extrajudicial costs are higher. In that case, the Contract Partner actual extrajudicial costs incurred. 21.5 The claims of the Contract Partner LowVoice repayable in case of: - Seizure of assets of the Contract Partner; - Threat of bankruptcy Contract Partner and / or the application and / or its declaration of bankruptcy; - Liquidation of the company of the Contract Partner; - Suspension of payments of the Contract Partner and / or the application thereof. 21.6 Complaints about the performance of the Contract Agreement, the Affiliate is not entitled to payment of the invoices LowVoice to suspend. Article 22 22.1 Warranty LowVoice guarantees the soundness of the delivered services. If during the warranty failures revealed and LowVoice time the Contract Partner is informed of such failures, wears LowVoice free of charge for either replacement or repair, or for credit (part of) the invoice value, at the discretion of LowVoice. 22.2 If the contracting party considers that there is a shortcoming in the performance of the Services, the Contract Partner LowVoice it immediately and notify such notification in writing. 22.3 Invoking this warranty does not apply if the Contract Partner LowVoice within five (5) working days counted from the day that the failure was noted or could be noted is notified under paragraph 2 of this article. 22.4 LowVoice does not guarantee the proper functioning of software or hardware that is integrated into or connected to Hardware and Software Contract Partner or third party, if the Software and / or hardware differs from the agreed specifications or the supplier data published or used in a way that does not require in the software and hardware related guide. 22.5 The contract partner does not rely on the warranty contained in this Article if the observed deficiency is due to improper use of the Services or an external cause that can not be attributed LowVoice. Nor is the contracting party invoking this guarantee provision if hardware or software has not been altered or maintained by or through LowVoice LowVoice engaged or approved subcontractor, the contracting party or inaccurate or incomplete data. In all cases where the contracting party not to appeal to in this article are the warranty and repair by LowVoice necessary, is a LowVoice compensation under the then prevailing rates. 22.6 The warranty period is six (6) months counted from the date of actual delivery. If it is agreed that an acceptance test is executed, the date of the Services by the Contracting Party are approved as part of the Acceptance Test deemed date of actual delivery. Article 23 23.1 Liability The liability of LowVoice arising from any defects in LowVoice Services provided is limited to the fulfillment of her in the previous article included warranty obligations. 23.2 LowVoice is not obliged to pay damages unless the damage results from willful misconduct or gross negligence of (workers) LowVoice. LowVoice liability for consequential damages, including consequential damages, lost profits, lost savings and damage due to business interruption is excluded unless intent of LowVoice. 23.3 LowVoice is never liable for damages of any kind, caused by deviation, error and failure in any design, text or data if the contract partners that design, the text or data has been approved, or if the contract partner by LowVoice in the opportunity to design, text or data to check, but that opportunity did not use. 23.4 If LowVoice obliged to pay damages will never be higher, at the option of LowVoice, then either the invoice value of the Services provided through or in connection with which the damage was caused, or, if the damage coverage is provided by an insurerLowVoice, the amount that the insurer in each case with respect to the damages paid. Article 24 24.1 Force Majeure LowVoice, is entitled to invoke force majeure if LowVoice it under the Agreement obligations in whole or in part, temporarily or otherwise, unable to meet due to a beyond the control of LowVoice located cause, including disruptions in supply, interruption ofdata, company blockades, strikes, or puncture-rule actions and non-performance or delayed performance by suppliers, handling unforeseen difficulties, whether at the time the force majeure occurs LowVoice all should honor. 24.2 LowVoice possible during the period that force majeure may suspend its obligations under the Agreement. If this period lasts longer than three months, each party is entitled to terminate the Agreement by giving written notice, only if the unenforceable portion of the Agreement, notwithstanding the provisions of Articles 24 and 26 provisions. Article 25 25.1 Suspension and dissolution LowVoice, the fulfillment of its obligations under the Agreement or to suspend the Agreement in whole or in part by a written statement, without prior notification is required, at the discretion of LowVoice, retaining all its future rights to compensation for costs, damages and interest, if: - Contract Partner's obligations under the Agreement, not timely or properly comply, - The contract partner is declared bankrupt or (temporary) suspension of payments, - Proceeds to liquidate operations, - The ability of the Contract Partner wholly or partially occupied, Contract Partner security must guarantee the fulfillment of its obligations under the Agreement and such security is not provided or is provided is insufficient, - A material adverse change occurs that affects the economic basis of the Agreement affects, for instance caused by decisions of the European Union or the country where services are provided, or changes in applicable regulations where such changes can not reasonably be compensated by an adaptation of the agreed rates, - The Contract Partner will no longer use the Services or use of these services so lagging behind the agreed volume LowVoice can reasonably assume that the Contract Partner Agreement does not wish to continue 25.2 Any amounts that are invoiced before the termination LowVoice in connection with what they already performed or delivered in connection with the execution of the Agreement remain in full immediately due and payable at the time of dissolution. Article 26 26.1 Duration of contract The Agreement has legal force as of the date it is entered into by both parties, unless another date is agreed. 26.2 At the expiry of an agreed term of at least twelve (12) months the Agreement will be extended for a period of at least twelve (12) months, unless otherwise agreed. 26.3 Cancellation must be made through a written request in consideration of the agreed period of notice. The termination must be confirmed in writing by LowVoice. Article 27 27.1 Employee termination Upon termination of the Agreement, the Contract Partner LowVoice all versions of the Software made available and the related documentation and copies made by the contracting party, or destroy - the choice of LowVoice - on behalf of LowVoice LowVoice to return. If LowVoice requests destruction, the Contract Partner in writing that destruction has taken place. 27.2 Upon termination of the Agreement, the Equipment Contract Partner LowVoice immediate readiness for carriage by LowVoice or to return to LowVoice. Equipment should be located in the state that the equipment was at the time of installation, taking into account normal wear and tear. LowVoice is not obliged Location (s) in the original state. Article 28 28.1 Intellectual property rights and use rights Unless expressly agreed otherwise in writing, all intellectual property rights by LowVoice delivered or made available software, hardware and / or other services to LowVoice or its licensors. 28.2 The contracting party has the right to use solely by LowVoice delivered or made available software, hardware and / or other Services within agreed with LowVoice business. The Contract Partner will not install the software on other devices than LowVoice agreed, and not modify or copy, or sell, rent or otherwise make available to third parties, without the written permission of LowVoice. Unless otherwise agreed, the source code of the Software provided to the contracting party. 28.3 The Contract Partner will LowVoice markings of copyright, trademark or trade name or any other intellectual or industrial property as well as LowVoice markings relating to ownership and the confidential nature of the delivered or made available software, hardware and / or other not remove services, and ensure that consent LowVoice made copies of the same be marked. 28.4 If the contract partner LowVoice as part of its business software to copy requests, LowVoice will do so only if voluntary contract partner has demonstrated that it possesses the right to use such Software, including the right software to (do) copy. Article 29 29.1 Samples and models Due to the Contract Partner LowVoice shown or provided samples and / or models, including the listing of dimensions, sizes and other descriptive information are indicative in nature. No rights can be derived, unless the parties expressly agree otherwise in writing. Article 30 30.1 Confidential Information Parties from both sides take the obligation in the context of the implementation of the Agreement confidential information received to keep secret the extent reasonably possible. Information is confidential if a party designates the information as such or confidentiality arises from the nature of the information. Information is not confidential if that information at the time of obtaining it was already generally known. 30.2 Parties shall ensure that this confidentiality obligation also rests upon by them in connection with the execution of the Agreement engaged subcontractors and other third parties. Article 31 31.1 Employees It is the Contract Partner during the term of the Agreement and for 12 months after the Agreement, calculated from the day the Agreement is terminated, not create a contract to enter into an employee LowVoice that at any time during The term of the Agreement has been involved in providing services to the contracting party. The contracting party ensures that this obligation through its affiliates and subcontractors complied. In case of breach of this obligation to forfeit the Contract Partner LowVoice an immediately payable penalty of € 12.500,00 and € 1.000,00 for each day the violation continues, without prejudice to LowVoice to claim damages. Article 32 32.1 Cession It is not allowed for a Party under the Agreement to assign any right without the prior written consent of the other Party. Article 33 33.1 Disclaimers The Contract Partner LowVoice indemnify against third party who (allegedly) suffer damage in connection with the execution of the agreement, unless such damage results from willful misconduct or gross negligence of (staff) LowVoice. 33.2 The Contract Partner LowVoice indemnify against third party claims relating to intellectual property rights on goods supplied by the Contract Partner and / or information, in the execution of the Agreement are used. 33.3 The Contract Partner will indemnify LowVoice of all claims related to patents, copyrights, delivery or other conditions related to the suppliers of the Contract Partner Software supplied, if the software should be copied onto other media so integrated with the Software LowVoice to can be used. Article 34 Applicable law and jurisdiction 34.1 Agreements between the Contracting Partner and LowVoice are subject to Dutch law. 34.2 All disputes between parties, will be submitted to the competent court in Breda, unless LowVoice prefers to rely on another competent court. 34.3 The Dutch version of this Terms of Service is the primary document. A translation may not use the correct terms and is therefore only for secondary use. If you have any questions or suggestions regarding our Terms of Service, please contact us at: