General conditions 2017-10-22T16:57:59+00:00

General conditions

Artikel 1.   Definitions

1.1.   For the purpose of these general conditions, the terms below are used in the sense that follows, unless expressly otherwise stated or apparent from the context:

  • The Trademark Office: the user of these conditions:
  • The Trademark Office, having its registered offices at Parnassusweg 819 Amsterdam, filed at the Chamber of Commerce under number 65035739;
  • client: the natural or legal person with whom The Trademark Office concludes an agreement;
  • agreement: the agreement formed between The Trademark Office and the client;
  • domain name: the domain name that The Trademark Office registers on the client’s instructions or for which an application for registration has been submitted;
  • registering authority: the authority responsible for the registration of the domain name.

Artikel 2.   General
2.1.   These general conditions are applicable to all agreements between The Trademark Office and the client.
2.2.   Derogations from these general conditions are only valid if explicitly agreed in writing or by email.
2.3.   These general conditions are also applicable to all agreements with The Trademark Office for which third parties are engaged.
2.4.   The applicability of any purchasing or other conditions of the client is expressly rejected.
2.5.   In the event of any provision of these general conditions proving to be invalid or being annulled, the remaining provisions of these general conditions will remain fully applicable. In that case The Trademark Office and the client will enter into consultation with a view to making agreement on the substitution of the invalid or annulled provisions with new ones that approach as closely as possible the purport and the tenor of the original ones.

Artikel 3.   Offers and quotations
3.1.   All offers and quotations are subject to contract.
3.2.   Offers and quotations do not automatically apply to future orders.
3.3.   Evident errors or mistakes on the website or in agreements are not binding to The Trademark Office.

Artikel 4.   Formation of the agreement
4.1.   The agreement will be formed as soon as the client accepts the offer of The Trademark Office verbally, by email or in writing.
4.2. Once the agreement has been concluded it is no longer possible to cancel the placed order.

Artikel 5.   Performance of the agreement
5.1.   The Trademark Office will apply for the domain name on the client’s instructions. The Trademark Office will register the domain in the name indicated by the client. The client, and not The Trademark Office will become the domain name holder; the client thus has the right to use the domain name
5.2.   The Trademark Office is not in any way responsible for how the registering authority meets its obligations to the client. When registering the domain name The Trademark Office acts merely as an intermediary between the client and the registering authority.
5.3.   The application for and use of the domain name is subject to the additional conditions and regulations of the registering authority. The registering authority decides on the application. An application may be turned down, for example, if the domain name is no longer available or fails to meet the technical requirements set by the registering authority. The Trademark Office cannot under any circumstances be held responsible for the registering authority failing to accept the registration. The Trademark Office does not guarantee that the application will be approved. The information about availability that The Trademark Office issues to the client is indicative and no rights can be derived from it.
5.4.   If the domain name is no longer available when The Trademark Office submits the application to the registering authority but was available when the client placed the order with The Trademark Office, The Trademark Office cannot be held liable in any way for the inability to register the domain name.
5.5.    The Trademark Office links the domain name to the currently existing website of the client.
5.6.   The Trademark Office does not arrange the hosting of the domain.
5.7.   The client will be informed by email when the domain name has been successfully registered and linked to the client’s current website.

Artikel 6. Turnaround time
6.1.   The turnaround time indicated by The Trademark Office cannot be regarded as a firm deadline on forfeiture of rights.
6.2.   In the event of The Trademark Office exceeding a turnaround time agreed with the client as a result of an occurrence that is factually beyond its control and cannot be ascribed to its acts or omissions, as specified in article 15 of these general conditions, this turnaround time will automatically be extended by the period by which it is exceeded as a result of that occurrence.
6.3.   Exceeding the turnaround time will not under any circumstances entitle the client to any compensation for damages, to dissolve the agreement or to take any other action against The Trademark Office. The above does not apply in the event of intentional act or omission or wilful recklessness on the part of The Trademark Office.

Artikel 7.   The client’s obligations
7.1.   The client will ensure that all information that The Trademark Office indicates is required or which the client could reasonably be expected to understand is required to execute the contract is issued in a timely manner to The Trademark Office.
7.2.   The client will refrain from behaviours that preclude The Trademark Office’s ability to properly perform the agreement.
7.3.   The registration will be made in the client’s name. This implies that the client is fully responsible for the use of the domain and the domain name.
7.4.   On registration of the domain name the client agrees to the additional conditions of the registering authority. The client shall act in conformity with the additional conditions and the regulations of the registering authority. If the client fails to act in conformity with the additional conditions or regulations of the registering authority, The Trademark Office cannot under any circumstances be held liable for the implications of this, such as the cancellation of the registration.
7.5.   The client is responsible for the hosting of the domain.
7.6.   The client guarantees that the registration of the domain name does not infringe the rights of third parties, such as intellectual property rights of third parties.
7.7.   The client indemnifies The Trademark Office against any claims brought by third parties that suffer losses in connection with the performance of the agreement and which are imputable to the client.
7.8.   If the client changes his address or his invoicing address, the client shall inform The Trademark Office of his new address as soon as possible beforehand, in writing or by email.
7.9.   If the client fails to meet his obligations to The Trademark Office or to meet them on time or in full or acts unlawfully towards The Trademark Office, the client will be held liable for all losses thus suffered by The Trademark Office.

Artikel 8.   Prices and costs
8.1.   If the client wishes to change the name of the domain registration, extra costs may be charged to the client for this purpose.
8.2.   Stated prices and rates do not include VAT.

Artikel 9.   Invoicing and payment
9.1.   The invoice will be sent once the registration procedure has been completed. The invoice will be sent to the client by email.
9.2.   The client shall pay the invoices received from The Trademark Office within 14 days of the invoice date.
9.3.   If the invoice amount is not paid within 14 days, The Trademark Office will send the client a reminder. If the client fails to pay the invoice amount within the period of time stated in the reminder, The Trademark Office will send the client a demand for payment and will charge the client € 25 euros as an administration fee. The client will be liable for the payment of statutory commercial interest to The Trademark Office from the point at which the client fails to meet his payment obligation to the point at which the outstanding invoice amount is paid in full. In addition, all judicial and extrajudicial collection costs incurred after the client is deemed to be in default will be borne by the client. The extrajudicial costs are set at 15% of the principal amount, with a minimum of €100.
9.4.   Payments made by the client shall at all times extend first to settlement of all payable interest and costs and subsequently to invoices due and payable which have been outstanding for the longest period of time, even if the client stipulates a different order of payment.
9.5.   In the event of liquidation, bankruptcy, an attachment or suspension of payment on the part of the client, the amounts owed by the client to The Trademark Office will be immediately due and payable.
9.6.   If the client fails to pay the invoice on time and to comply with the demand for payment, The Trademark Office shall have the right to cancel the domain registration or to register the domain name in its own name.

Artikel 10.   Duration
10.1.   The registration has a duration of one year. If the client wishes to extend the registration, the client must pay the invoice for the next year of registration on time. This invoice will be sent to the client prior to the end of the year by email. If the client fails to pay this invoice on time, The Trademark Office will assume that the client does not wish to extend the registration. In that case The Trademark Office will notify the registering authority of the cancellation of the registration. Once the registration has been cancelled, third parties can register the domain name.

Artikel 11.   Intellectual property rights
11.1.   The client indemnifies The Trademark Office against claims of third parties with regard to intellectual property rights to materials or information provided by the client and used in the execution of the agreement. The Trademark Office cannot under any circumstances be held liable for the registration of the domain name infringing the intellectual property rights of third parties. The client indemnifies The Trademark Office against all claims of third parties in connection with the use of the domain name.
11.2.   The order does not include conducting an investigation into the existence of copyrights or trademark rights of third parties to the domain name. The same applies to investigations into the possibility of such forms of protection for the client.

Artikel 12.   Complaints and limitation period
12.1.   Complaints about the services provided must be reported by the client directly to The Trademark Office. The notice of default should contain a description of the non-compliance in as much detail as possible so that The Trademark Office is able to put forward an adequate response.
12.2.   Once the complaint has been submitted the client will give The Trademark Office the opportunity to look into whether it is well-founded and, if necessary, another opportunity to carry out the agreed work.
12.3.    If it is no longer possible or meaningful to carry out the work, The Trademark Office will only be held liable within the limits defined in article 14 of these general conditions.
12.4.    All claims against The Trademark Office not submitted in writing to The Trademark Office within 1 year of the issue arising will be time-barred.

Artikel 13.   Dissolution and suspension
13.1.   The Trademark Office is authorised to suspend compliance with its obligations or to dissolve the contract if:

  • after entering into the agreement, The Trademark Office becomes aware of circumstances that it good grounds to presume give that the client will not meet his obligations;
  • if the client has been granted a provisional or a definitive moratorium;
  • if the client is declared bankrupt;
  • if the client is declared subject to a statutory debt rescheduling arrangement;
  • if the client’s business is liquidated or terminated other than for the purpose of reconstruction or a merger of companies.

13.2.   If the agreement is dissolved, The Trademark Office’s claims against the client will become immediately due and payable. If The Trademark Office suspends compliance with its obligations, it will retain its claims by law and under the contract.
13.3.   The Trademark Office cannot be held liable for any losses suffered by the client as a result of The Trademark Office prematurely dissolving the agreement or suspending its performance of the agreement.

Artikel 14.   Liability
14.1.   The Trademark Office cannot be obliged to pay compensation for any losses that have been directly or indirectly caused by:

  • an occurrence that is factually beyond its control and therefore cannot be imputed to its acts or omissions, as specified in article 15 of these general conditions;
  • any act or omission of the client, his subordinates, or other persons employed by or on behalf of the client.

14.2.   The Trademark Office cannot be held liable for losses of any nature whatsoever by The Trademark Office working on the basis of incorrect and/or incomplete information provided by the client.
14.3.   The Trademark Office depends on the services or networks of third parties to perform the agreement. The Trademark Office cannot be held liable for losses of any nature whatsoever caused by the services or networks of third parties, including faults in their networks or infrastructure.
14.4.   The Trademark Office cannot under any circumstances be held liable for the client’s loss of his rights to the domain name, for the domain name previously having been applied for by a third party or for claims of third parties regarding the domain name.
14.5.   The Trademark Office cannot be held liable for losses caused by the client failing to meet his obligations under the agreement, these general conditions or the law, or doing so on time or in full.
14.6.   The Trademark Office cannot under any circumstances be held liable for indirect losses, including consequential losses, loss of income, missed savings or losses caused by business stagnation.
14.7.    If The Trademark Office is none the less held liable for any losses, the liability of The Trademark Office will be limited to the amount paid out by the insurer of The Trademark Office. If the insurer decides not to pay out or the loss is not covered by the insurance, the liability of The Trademark Office will be limited to a maximum of the invoice amount.

Artikel 15.   Force majeure
15.1.   Force majeure on the part of The Trademark Office will be deemed to have arisen if The Trademark Office is prevented from meeting its contractual obligations or the preparation thereof as a result of: war, threat of war, riot, revolution, act of war, fire, water damage, flooding, governmental measures, defective materials (including computers and other telecommunication resources), non-availability of materials (including computers and other telecommunication resources).
15.2.   Force majeure is also defined as a non-compliance on the part of The Trademark Office’s suppliers, as a result of which The Trademark Office is unable to meet its obligations or meet them on time or in full.

Artikel 16.   Confidentiality and personal data
16.1.   Both parties are obliged to protect the confidentiality of all confidential information that comes to their notice in the context of the contract from each other or from other sources. The information is considered confidential if the other party has communicated that it must be treated confidentially or if the confidential nature of the information is self-evident. The party receiving confidential Information shall use it exclusively for the purpose for which it was provided.
16.2.   The client is aware that a public record of his personal data is made when the domain name is registered.
16.3.   The Trademark Office processes personal data in accordance with the Dutch Personal Data Protection Act (Wpb). The Trademark Office will not disclose confidential information about the client to third parties unless one of the exceptions provided for in article 16.4 applies.
16.4.   The Trademark Office is authorised to disclose personal data to a third party in the following cases:

  • if the data subject has given explicit consent for this to be done;
  • in the context of a statutory regulation or legal proceedings;
  • to protect the rights or property of The Trademark Office;
  • to prevent a criminal offence from being committed or to protect state security;
  • in the event of a suspicion of fraud or other illegal activities;
  • f necessary to The Trademark Office’s ability to perform the agreement, see also article 16.2.

16.5.    If under any statutory provision or pursuant to any legal ruling The Trademark Office is obliged to issue confidential information to third parties designated by the law or the competent court, and The Trademark Office is unable to invoke a right of exemption provided for by law or recognised or allowed by the competent court, The Trademark Office is not obliged to pay any compensation for damages and the client will not have the right to dissolve the contract on the ground of any damages thus caused.

Artikel 17.   Applicable law and court with competent jurisdiction
17.1.   All agreements between The Trademark Office and the client shall be governed by Dutch law.
17.2.   All disputes concerning the agreements between the client and The Trademark Office shall be referred to the competent court in the district in which The Trademark Office has its registered offices.

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