Terms and conditions
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Table of contents

1. Article 1: Definitions
2. Article 2: Applicability of General Conditions
3. Article 3: Realization of the agreement
4. Article 4: Description of the service
5. Article 5: Access to the service
6. Article 6: Terms of use of the service
7. Article 7: Maintenance, availability and support
8. Article 8: Rates, fees and payment
9. Article 9: Duration, cancellation and termination
10. Article 10: Intellectual and industrial property
11. Article 11: Liability and indemnity
12. Article 12: Force majeure
13. Article 13: Secrecy/confidentiality
14. Article 14: Alterations in conditions and rates
15. Article 15: Privacy
16. Article 16: Contract take-over
17. Article 17: Sundries
18. Article 18: Applicable law and disputes

1. Definitions
Aarde BV: The enterprise Aarde BV, as registered with the Chamber of Commerce in Amsterdam, with registration number 34322076.
Access code: The access code that, together with the username, allows access to the applications specified in the Agreement.
Additional Terms of Business: The additional terms of business that may be applicable to the Agreement.
Agreement: The agreement by which is meant any contractual bond between Aarde BV and Contracting Party, aimed at the provision in any way of goods and services or a combination thereof by Aarde BV to a contracting party and to which the General Conditions apply.
Application: The software for the provision of services, including updates, as further described in the Agreement.
Contracting Party: The person who has completed an Agreement with Aarde BV, or who applies a request to this end.
General Conditions: The terms of business as laid down in this document.
Intellectual property: The term "Intellectual property right" means: rights to the results of human ingenuity, including, but not limited to, patent rights, model rights, author's rights, trade mark rights, brand name rights, breeder's rights, topography rights and related rights.
Portal: The internet site at which the Contracting Party can make use of the applications specified in the Agreement.
Quotation: Quotation means the offer Aarde BV makes, aimed at the provision in any way of goods and services or a combination thereof by Aarde BV to the Contracting Party.
Support application: Software that the User has to install on his computer, in order to enable him to use the Application.
URL: The URL of the server.
User: The Contracting Party and/or his employees, who are the actual users of the service.
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2. Applicability of General Conditions
a) On all agreements between Aarde BV and the Contracting Party, as well as on requests to this end, as well as on all (legal) actions in connection with the delivery of the services these General Conditions shall apply exclusively. The applicability of general conditions that may be employed by the Contracting Party are explicitly discarded by Aarde BV. b) Beside these General Conditions, Additional Terms of Business may apply. The Contracting Party ought to have agreed on the applicability of the General Conditions and the Additional Terms of Business, in the specified manner.
c) Should a stipulation in the General Conditions conflict entirely or partly with a legal stipulation, or be invalid, the rest of these Conditions remain in full force. d) In case certain stipulations in the Agreement and the Additional Terms of Business and these General Conditions should conflict, the following order of ranking will apply, whereby the stipulations in the highest ranked document prevail over the stipulations in the lower ranged document:
1. Agreement
2. Additional Terms of Business
3. General Conditions.
e) Aarde BV reserves the right to make additions and/or alterations to these General Conditions at any time. Changes will be announced to the opposing party in writing or by electronic mail. The altered General Conditions will take effect 1 (one) month after the announcement was made, or at a later date as mentioned in the announcement. In case the Contracting Party does not agree with a fundamental change in the General Conditions, he has the right to terminate the agreement before and towards the date at which the altered General Conditions become effective.
f) Deviations from the General Conditions can only be valid, if parties have agreed upon these in writing.
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3. Realization of the agreement
a) Aarde BV will inform the Contracting Party either in writing or via electronic mail whether or not Aarde BV accepts the request for the provision of services. The Agreement, or the alterations to the Agreement, will become effective, at the moment Aarde BV sends confirmation of acceptance of the request, either in writing or by electronic mail. Aarde BV has the right to decline acceptance of a request, without the obligation to state a reason.
b) The Contracting Party declares that the request is complete and made according to the truth and declares to inform Aarde BV of any changes in these data without delay.
c) After the Contracting Party has gained access to the service, he can apply for changes in the Agreement. The request for a change shall be regarded as a new offer by the Contracting Party.
d) With regard to long distance agreements, as meant in Article 7:46a of the Civil Code, the Contracting Party can terminate the Agreement in writing or by electronic mail within 7 (seven) working days after confirmation by Aarde BV as mentioned in this Article, without owing a compensation. After this period, Aarde BV is entitled to charge the fees as per agreement.
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4. Description of the service
Upon completion of the Agreement Aarde BV will make available electronically to the Contracting Party the URL, a username and (access) code or codes, as well as provide the Support Applications that enable the Contracting Party to install the Application and to use and manage it during the term of the Agreement.
Upon completion of the Agreement the Contracting Party obtains a right to use the Application, in order to use it in compliance with the stipulations in the Agreement, the Additional Terms of Business and these General Conditions.
The service may only be used by the Contracting Party for users regarding internal affairs; Contracting Party is not allowed to facilitate the use of the service for use by third parties. Aarde BV is entitled to take technical measures to protect the application. In case Aarde BV has protected the application by means of technical safety measures, the Contracting Party is not allowed to remove or evade this safety device.
Aarde BV reserves the right to change (of have changed) the technical properties of the application in order to improve the functionality and to recover (or have recovered) possible errors or in order to comply with legal rules or regulations that are bound by legal rules. Aarde BV makes every effort necessary to detect any possible errors in the program and to recover them (or have them recovered); however Aarde BV cannot guarantee that all errors will be recovered. If by such a change a material deviation in functionality of the application should occur, Aarde BV shall notify the Contracting Party at least 2 (two) weeks in advance, either in writing or by electronic mail.
Aarde BV makes every effort necessary to realize above mentioned changes without this having an effect on the functionality for the Contracting Party and the (peripheral) equipment used by him. Should this proof impossible, and there is reason to anticipate financial consequences for the Contracting Party, the change will not take place before 1 (one) month after haven given notice (electronically), or at such later date that is reasonably possible. Since the service will be delivered to more than one contracting party, it is not possible for Contracting Party to decline a certain change. User Manuals of the current version of the application shall be available to the users at any time at the portal (electronically). Aarde BV can never be held liable for the use and the maintenance of the application, beyond or other than applicable to the relation between Aarde BV and its supplier of the application concerned.
The Contracting Party is responsible in its own right for the availability and functionality of the (peripheral) equipment as used by him, as well as software, support applications, configuration and internet connection and for maintaining a connection to the power network and any other connections that are necessary to access and use the service. Aarde BV is not bound by a (legal) retention period for the data and information as entered by the Contracting Party. Upon termination of the Agreement, Aarde BV has the right to remove from the servers and destroy any data that was stored, edited, processed or entered otherwise, immediately and without prior notice.
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5. Access to the service
Access codes cannot be transferred and are strictly personal and solely for the use within the Contracting Party's organisation. The Contracting Party will treat the access codes confidentially vis-à-vis third parties and will see to the necessary precautions regarding the safe use of the access codes. Aarde BV can further change the access codes according to its own views, upon which action Aarde BV will notify the Contracting Party hereof in due time.
The Contracting Party is responsible for any use, either with or without its permission, of the service and the access codes made available to him. Aarde BV is not liable for damages suffered by the Contracting Party and/or third parties caused by unauthorized use of the access codes.
Contracting Party will inform Aarde BV without delay in case the access codes are being used unauthorized, or if he suspects unauthorized use of the access codes.
Party can request Aarde BV to block the access codes. Aarde BV is entitled to block the access codes at any time, if Aarde BV bears knowledge of unauthorized use of the access codes, without being obliged to compensate for damages and/or costs.
Aarde BV can block the access codes or suspend the service, in case of a serious suspicion of these being used adversely to the stipulations in the other articles and/or in case of use adversely to article 10. The obligation of payment remains unchanged during such a suspension of use.
Aarde BV reserves the right to deny the Contracting Party access to the service, in case the Contracting Party acts adversely to the aforementioned subsections of this article.
Aarde BV will never be held liable for any damages due to denial of access to the service based on this article. The Contracting Party indemnifies Aarde BV for all claims by third parties resulting from this article.
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6. Terms of use of the service
The Contracting Party and his users stipulate themselves which data will be saved, edited, processed or otherwise entered with the assistance of the service. Aarde BV does not bear knowledge of these data. The Contracting Party therefore remains responsible in his own right for the data entered. Therefore, Aarde BV is not liable for any damages arising from data entered by the Contracting Party. The Contracting Party indemnifies Aarde BV for liabilities by third parties to any damages that these third parties could claim in any possible way from Aarde BV, in as far as this liability is based on the use of the service by the Contracting Party.
Aarde BV is not bound to verify the accuracy and completeness of the entered data and is therefore not liable for the consequences of the use of incorrect and/or incomplete information delivered by the Contracting Party.
The Contracting Party shall in no way violate the intellectual property rights of Aarde BV and/or third parties. Should Aarde BV become aware of the fact that data saved, edited, processed or otherwise entered with the assistance of the service are illegitimate towards third parties, then Aarde BV has the right to remove from the server and destroy data that was stored, edited, processed or entered otherwise, immediately and without prior notice. For now and in that case the Contracting Party grants permission to Aarde BV to remove from the server and destroy all data that are an infringement. Aarde BV shall in no way be liable for any damages resulting from this action.
The Contracting Party is not entitled to correct (or have corrected) errors in the service software in its own right, nor to make alterations to it, transfer it to other equipment, connect it to other equipment and software, expand its functionality of its own accord, change parameters or remove safety devices.
If and in as far as Aarde BV makes available to the Contracting Party programs by third parties, the conditions of these third parties regarding those programs will apply, setting aside the stipulations of these General Conditions, provided that Aarde BV has informed the Contracting Party thereof in writing or by electronic mail. The Contracting Party accepts the conditions by third parties as referred to. If and in as far as the conditions in question by third parties for whatever reason should not be deemed applicable in the relationship between the Contracting Party and Aarde BV, or be declared not applicable, the stipulations of these General Conditions will apply.
For access to and use of the service and possible support applications that are installed by the Contracting Party, additional (licence) conditions (beside these General Conditions) may be applicable (these may be conditions by third parties). The suitability for specific purposes, functionality or usefulness of the support applications cannot be guaranteed by Aarde BV.
On using the service, the Contracting Party guarantees that he in any case, as far as applicable, will observe the following regulations: the Contracting Party will not act in any manner causing disturbances to the service, (computer) networks or infrastructures (of other users), nor cause any inconvenience regarding these, limited use or unforeseen use (to other users). In case the electronic communication traffic should be disrupted by the use of the service by the Contracting Party, or of connected (peripheral) equipment, the Contracting Party is obliged to follow instructions given by Aarde BV, within reason.
The Contracting Party will only use the service in accordance with the obligations, instructions and limitations as made known by Aarde BV, among other things as laid down in these General Conditions. On using the services, the Contracting Party is obliged not to infringe the rights of third parties, not to display behaviour that is contrary to good manners or disturbs the public order and not cause harm to third parties or the Aarde BV.
In particular Contracting Party shall not violate intellectual property of third parties; not circulate illegitimate data or data that is against the law, including expressions of racism, child pornography, criminal data traffic and insulting remarks; not try to gain access into computer systems to which he is not entitled; withhold from breaking into other computers on the internet without consent (hacking), whereby Contracting Party breaches any security, or gains access by way of using a false key; withhold from spamming: to send unsolicited bulk messages indiscriminately. Contracting Party is obliged to use the service in such a manner, that the proper working of Aarde BV's computer system is not obstructed, nor that any other contracting parties are hindered in using the service. The Contracting Party is responsible for using hardware and software that comply with the minimum system demands, as laid down by Aarde BV. The Contracting Party will take care of the protection of his (peripheral) equipment, software, telecommunication infrastructure and internet connection against viruses, computer criminality and illegitimate use by third parties. The Contracting Party shall not spread (computer) viruses or other files that may harm the service functioning (properly). The Contracting Party shall not misuse access codes or break through, or try to break through, the safety device of the service. The Contracting Party is not permitted to disclose information and data that is received from Aarde BV in connection with the service, nor to multiply or employ such information or data in any other way than to the use in his internal operational management. The Contracting Party is not allowed to pass on such information or data to any other company.
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7. Maintenance, availability and support
Aarde BV reserves the right to put the service on hold temporarily for the purpose of maintenance, adaptations or improvements to Aarde BV's computer systems. If at all possible, such a discontinuance shall take place after office hours, and Aarde BV shall inform the Contracting Party of any planned maintenance in advance. Aarde BV shall never be deemed liable for any damages resulting from such a discontinuance vis-à-vis the Contracting Party.
Aarde BV shall make an effort to make the service agreed upon function properly at any time and strives for the best possible availability, quality and security of the service. Aarde BV cannot give any guarantees to this end however, other than possibly stipulated in the Agreement and/or the Additional Terms of Business.
In the Agreement and/or in the Additional Terms of Business, conditions specific to the service can be laid down with regard to the availability, management and support that apply to the service to be provided.
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8. Rates, fees and payment
The Contracting Party is obliged to pay fees to Aarde BV for the service rendered by Aarde BV, according to the rates laid down in the Agreement.
The rates may consist of non-recurring amounts and monthly or otherwise periodically recurring amounts and variably recurring amounts.
Aarde BV's systems will be decisive in calculating the use-dependent fees, conditional on evidence to the contrary by the Contracting Party.
All rates and fees are expressed in Euros and may be increased with VAT and other possible charges imposed by the authorities.
Aarde BV reserves the right to revise the rates from time to time and will inform the Contracting Party of such revision thirty (30) days in advance. In case the Contracting Party does not wish to accept a rate change, he has the right to terminate the Agreement on which the rate change is applicable by giving notice in writing within seven (7) days after being informed about this change; the Agreement will then be terminated towards the date the rate change would become effective according to the information given by Aarde BV. Any such notice should be send by registered mail.
The non-recurring and periodical fees are due as per the date of realization of the Agreement.
All invoices shall be paid by the Contracting Party according to the terms of payment as mentioned on the invoice.
If no specific conditions are mentioned, the Contracting Party shall pay the invoice within fourteen (14) days after the invoice date.
If the Agreement specifies the possibility of termination other than towards the end of the month, and the Contracting Party has exercised his right to do so, the services will be charged according to the services enjoyed pro rata.
In case the Contracting Party fails to pay by the due date, he shall be deemed to be in neglect without further proof of default. In that case another term may be set for the payment to be made by the Contracting Party. If payment is not received on this (second) term, Aarde BV reserves the right to claim legal interest from the date on which payment was due, as well as all (non-legal) costs and expenses incurred by Aarde BV in the collection of any overdue amount.
If the Contracting Party remains in neglect, Aarde BV may take legal action. In such case, the Contracting Party is bound to the payment of the full costs and expenses, including legal and non-legal costs, as well as costs made by external experts and costs as stipulated by the law, with a minimum of 15% of the total amount due.
Any objections against the height of the amount charged by Aarde BV should be reported to Aarde BV by the Contracting Party in writing within six (6) weeks after the invoice date, after which period the invoiced amount shall be deemed correct and acknowledged.
Aarde BV will not refer to this clause in case the Contracting Party could not be reasonably expected to have noticed the objections within this term.
Should such objections against the height of the fees as invoiced by Aarde BV proof to be unfounded, Aarde BV may charge the Contracting Party for any costs made in connection herewith.
Aarde BV has the right to demand some security within reason, against the financial obligations by the Contracting Party, in any form Aarde BV chooses, like a deposit or a bank guarantee. The Contracting Party is obliged to furnish such a security upon the first request by Aarde BV.
Aarde BV is entitled to postpone access to and the use of the service and/or the provision of services, until the total due amount is received by Aarde BV. The Contracting Party remains liable to pay all fees during the time the service is put on hold.
Aarde BV can restart delivering the service if the Contracting Party actually meets his obligations within the term set by Aarde BV.
If Aarde BV has entered into more than one agreement with the Contracting Party, for which more than one invoice is being sent, and one invoice should not be paid, Aarde BV is entitled to postpone or limit its obligations based on the said Agreement, as well as on the other agreements.
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9. Duration, cancellation and termination
An agreement is entered into for the period of two years. Upon expiration of the initial term, the Agreement is prolonged without notice for the consecutive period of one year, unless one of the parties terminates the Agreement towards the end of the then current period. Notice of termination will have to be given in writing, at the latest on the last day of the calendar month, taking into account at least three (3) months notice.
Both Aarde BV and the Contracting Party can terminate the Agreement in writing without legal intervention, should the other party fail to observe one or more of its obligations arising from the Agreement, in as far as this failure justifies termination. If the obligation can be fulfilled after all, the Agreement can only be terminated after the other party is being reminded in writing and the failure is not being repaired within the given notice.
If any stipulation in these General Conditions is annulled, declared void or denied its validity by a legal authority, this will not affect the other stipulations in these General Conditions. In the aforementioned case, the Contracting Party and Aarde BV shall consult with each other to agree upon new stipulations that come as close as possible to the aim and intent of the void, annulled stipulations or the stipulation that was denied its validity.
Aarde BV has the right to terminate the Agreement without further notice of neglect or legal intervention and with immediate effect in case:
a. The Contracting Party terminates his operational management, is dissolved or actually liquidated.
b. Bankruptcy or a moratorium was applied for or declared for the Contracting Party.
c. The Contracting Party acts adversely to Article 5 or 6 of these General Conditions.
Aarde BV has the right to terminate the service (or any form of tender to the service), subject to giving notice at a reasonable term, should he be compelled to do so from a technical or business economics point of view.
Any existing agreements shall end at the latest on the date at which the provision of services is terminated. In this case Aarde BV shall offer the Contracting Party a replacement service, where possible.
In case of transition of (part of) its business, Aarde BV can transfer any rights and duties resulting from an Agreement to another corporation.
The Contracting Party cannot transfer the rights and duties resulting from an Agreement and/or these General Conditions to third parties without the consent of Aarde BV. Aarde BV will not withhold its consent based on unreasonable grounds.
Aarde BV is entitled to demand from the Contracting Party full compliance with the Agreement before complying with its own obligations under the Agreement, in case of reasonable doubt whether the Contracting Party will be able to meet his obligations in the right manner or in due time.
Aarde BV cannot be held liable for the payment of any damages due to termination of the Agreement based on this Article (9) or to refund any paid fees by the Contracting Party. If the Agreement is terminated, the Contracting Party shall immediately discontinue the use of the service and not continue it again. After termination of the Agreement Aarde BV can disable access to the service for the Contracting Party.
The submission of additional tenders by the Contracting Party during the term of the Agreement, can result in an alteration in the duration of the Agreement.
Part termination of the Agreement is only possible in as far as specified in the Agreement and/or the Additional Terms of Business. In case of termination by the Contracting Party, Aarde BV will send a written confirmation of the notice, and of the date the provision of services will be terminated.
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10. Intellectual and industrial property
All intellectual and industrial property rights, as well as comparable rights regarding the protection of data and information, the application, the portal, support applications and the documentation provided in connection with the service, remain with Aarde BV and/or its suppliers; the rendering of the service does not lead to transfer of these rights (in full or in part).
Aarde BV only grants the Contracting Party a non-exclusive, non-transferable right to the use of the application, the support application and the documentation in conformity with the Agreement for the duration of the Agreement and for the benefit of the internal conduct of business by the Contracting Party, in as far as necessary to be able to utilise the service. The Contracting Party shall not rent out, sell, lease, pledge, transfer as security, or on whatever title, the application, the support application and the documentation, to third parties - whether or not for free - or for whatever reason, nor part with these, nor make these available for use by third parties.
The Contracting Party is not permitted to copy the application and the support applications or the software or database as made available by Aarde BV, or any part thereof, including documentation - in whatever way recorded - nor to use these as a basis for the production of new software ("create derivative Works"), "reverse assemble", "reverse compile" or reproduce in any other manner, nor to translate, alter, de-assemble or decompile these.
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11. Liability and indemnity
Within the scope of the realization or the execution of the Agreement, Aarde BV is not liable for any damages, except for the conditions stated in the following sections of this article: Except in case of (evil) intent or gross negligence, Aarde BV is only liable for immediate damages that arise from any failure Aarde BV can be held accountable for in respect of the following cases and to a maximum of the amounts indicated.
Aarde BV is only liable for damages due to accountable shortcomings in the observance of an Agreement in case the Contracting Party declares Aarde BV in default immediately, appropriately and in writing, whereby a reasonable term to repair the shortcoming is stated, and if Aarde BV remains in neglect, even after this term. The proof of default should provide a description of the shortcoming as detailed as possible, in order to enable Aarde BV to react adequately.
Aarde BV only accepts legal liability for damages in as far as appears from this article. In view of the above it is stipulated that a range of events that are linked together will be regarded as one event.
The total liability for damages suffered by the Contracting Party that might arise in the execution of an Agreement due to actions by Aarde BV, is limited to the compensation of immediate damages, with a maximum of the total amounts invoiced to the Contracting Party per annum, with a total liability that will never exceed 10,000.- Euros . With direct damages is meant exclusively:
Reasonable costs that Contracting Party should have to cover in order to enable Aarde BV's performance to meet the Agreement.
These damages will not be reimbursed, however, if Contracting Party has cancelled the Agreement.
Expenses that Contracting Party was obliged to make for keeping his old system or systems and facilities in connection with these systems, operational for a longer period of time, due to failure of delivering by Aarde BV on a fixed delivery date, deducted by possible savings due to the delayed delivery.
Reasonable costs made in determining the cause and size of the damages, in as far as connected with the determination of the immediate damages in the context of these Conditions.
Reasonable costs made in order to prevent and limit the damages as far as the Contracting Party proves that these costs have led to limiting the immediate damage in the context of these Conditions.
Aarde BV shall not be liable for any consequential damages, including ensuing damage, loss of profit, lost savings and damage because of stagnation of business.
Beyond the cases mentioned in these articles, Aarde BV is in no way liable for damages, regardless of the ground on which an action for damages will be based. The Contracting Party indemnifies Aarde BV for all liabilities by third parties.
The maximum amounts mentioned in this article will be declared void, in case and as far as the damage is caused by gross negligence on the part of Aarde BV (and/or its managers). Condition to the arising of any right to damages is always that the Contracting Party reports the damage as soon as possible, but no later than three (3) months after the occurrence of the fact that caused the damage, in writing to Aarde BV.
Damage as mentioned in this article should be reported to Aarde BV in writing as soon as possible, but at the latest within four (4) weeks after the occurrence.
Damage that is not brought to the attention of Aarde BV within this term, will not be eligible for compensation, unless the Contracting Party can make a reasonable case for the fact that he could not have reported the damage at an earlier date.
Aarde BV cannot be accounted for a failure to meet the obligations under the Agreement, in case of force majeure. The Contracting Party shall indemnify Aarde BV against liabilities for damages from third parties, that could be claimed in any way by these third parties, based on the use of the service by the Contracting Party.
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12. Force majeure
Neither of the parties is bound to compliance with any duty, in case it is prevented from doing so, due to force majeure.
Force majeure means in any case: danger of war, riots, strikes, molest, fire, water damage, flooding, atmospheric circumstances, long lasting power cuts, alterations or maintenance to the telecommunication and/or power networks by third parties, cable cuts, interruptions in communication connections including telecom connections, or obstruction or refusal to meet their obligations by suppliers on which Aarde BV depends by the execution of its operations. Further any circumstance that cannot be blamed on any party, nor under the law, act in law, or in the social intercourse prevailing opinions at the expense of that party, excluding the obligation to pay money.
Whenever a situation of force majeure has lasted more than sixty (60) days, parties have the right to terminate the Agreement in writing. The Contracting Party will in any case be indebted to pay the fee for the month in which the Agreement was terminated.
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13. Secrecy/confidentiality
Parties will treat all confidential information they obtain regarding each other's enterprises and their respective relations strictly confidential. Information will in any case be considered as confidential, if it is labelled in this way by parties. The obligation as laid down in this article applies for the duration of the Agreement and two consecutive years thereafter.
The Contracting Party expressly grants Aarde BV permission to process the personal data provided by the Contracting Party for the purpose of and to be entered into a database that Aarde BV builds in view of its provision of services. These data are saved and managed at all time in accordance with the applicable legal regulations.
The Contracting Party agrees that his personal data will be processed for marketing research and direct marketing for the purposes of Aarde BV's services.
If the Contracting Party has objections to the processing of his personal data, or wishes to withdraw an earlier given consent, he can inform Aarde BV to this end in writing at any time. The Contracting Party can demand inspection of the information concerning him that is stored in Aarde BV's database at any time.
The obligations as mentioned in the first section do not apply, in case:
the information is generally known or available to the public, without the obligation to secrecy stated in the first section of this article is violated; an obligation to reveal exists on the grounds of or under a legal regulation.
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14. Alterations in conditions and rates
Aarde BV can alter these General Conditions and/or the rates unilaterally and declare the altered conditions to be applicable to existing agreements. These alterations will become effective thirty (30) days after written or electronic announcement by Aarde BV of the content of the projected change, or as any such date as mentioned in the announcement.
If the alteration is not to the disadvantage of the Contracting Party, Aarde BV informs the Contracting Party to that end, indicating that the Contracting Party cannot terminate the Agreement without compensation as a consequence of the alteration.
Contrary to the stipulations in Article 9, in case the alteration to these General Conditions and/or in the rates and in case of alterations to the service as mentioned in article 4 is to the disadvantage of the Contracting Party, or leads to a provision of services that differs essentially from the provision of services as applicable before the alteration, the Contracting Party has the right to terminate the Agreement, within two (2) weeks of sending the (electronic) announcement of the alteration, by giving notice in writing towards the date the change will take effect. The Contracting Party is not authorized to terminate the Agreement if the alteration was necessary to comply with or according to legislation.
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15. Privacy
In as far as relevant with regard to an Agreement, parties take care of the legitimate processing of (personal) data in conformity with the applicable laws and regulations in the area of the protection of people's private lives, in particular the Personal Data Protection Act ("Wet bescherming persoonsgegevens"). The Contracting Party indemnifies Aarde BV for all liabilities by third parties resulting from violation by the Contracting Party of the aforementioned laws and regulations.
The Contracting Party's business data will not be stored longer than necessary for the execution of the agreement, or as dictated by law, after which period Aarde BV shall remove these data permanently, without informing the Contracting Party thereof.
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16. Contract take-over
The Contracting Party is not allowed to transfer the rights and duties resulting from the Agreement to a third party, without prior written permission by Aarde BV. This permission may be subject to certain conditions.
Aarde BV is entitled to transfer its rights and duties under the Agreement to a third party, if this takes place in view of a transfer of (a part of) the enterprise carried out by Aarde BV.
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17. Sundries
Stipulations under the General Conditions and/or the Agreement, that in their nature are meant to remain in force after termination of the Agreement, shall remain applicable. The General Conditions are published on the website of Aarde BV and can be downloaded from this website. Upon request, Aarde BV can also sent these conditions in written form, without charge.
These General Conditions are registered with the Chamber of Commerce in Amsterdam.
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18. Compliance with Legislation and disputes
These General Conditions and all relating Agreements, tenders and other documents, are governed by Dutch Law.
All disputes that should arise between parties, will be settled by the court having jurisdiction in Amsterdam.
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