Terms and Conditions
Article 1 Applicability
1. these general terms and conditions apply to all offers, quotations, Agreements and resulting commitments in respect of supply of services, usage rights and/or products by Streampartner, hereinafter referred to as Streampartner, to or for the benefit of the client.
2. In the case specific provisions or to the Agreement conflict with these terms and
Conditions, or to the agreement's provisions prevail.
3. deviations from these general conditions are only valid, if and in so far as
expressly agreed in writing. Abnormalities have only covered the
Contract to which they are made.
Article 2 offers and tenders
1. all offers made by Streampartner are non-binding, unless the offer has a time limit for
acceptance is called.
2. the Streampartner created quotations are non-binding; they are valid for 30
days unless otherwise indicated. Streampartner is only bound by the offers if
the acceptance thereof by the other party in writing within 30 days to be confirmed,
unless otherwise indicated.
3. the prices given in above-mentioned offers and tenders shall be exclusive of VAT and other
Government levies, as well as excluding any within the scope of the agreement
to, including shipment and administration costs, unless otherwise indicated.
4. If the acceptance deviates (on any possibly subordinate point) of the tenders
included offer is Streampartner shall not be bound by it. The agreement is then
not in accordance with said deviating acceptance, unless otherwise Streampartner
5. a compound quotation required Streampartner not to execute
part of the assignment against a corresponding part of the given price.
6. offers and tenders shall not apply automatically to future assignments.
Article 3 establishment of an agreement
1. unless otherwise provided, an agreement between Streampartner and the client
will only become effective:
* from the day of signature of the agreement by the parties (to the extent required
* from the date of Streampartner the application of a service of client and
has accepted or confirmed in writing any special appointments, or; * from the
When Streampartner with the performance of the contract has begun.
2. the client declares that he/she has the authority to place the order and
agrees with these terms and conditions.
3. Streampartner may at any time require a piece of evidence, from which the
turns out of the representative power of representation of the client. In
principle stated the applicant/principal of age and/or legal entitled to negotiate
at the conclusion of the agreement. Streampartner bears no responsibility
about the fact or principal Act is competent.
Article 4 delivering the service
1. after the conclusion of the agreement as soon as possible, the Streampartner will
Deliver service. Streampartner taking into account reasonable wishes of
client. The delivery times indicated by Streampartner are never firm dates,
unless expressly agreed otherwise in writing.
2. client shall indications of Streampartner for the supply of the service
3. the agreement to the best knowledge and ability will Streampartner and in accordance with the
4. If and to the extent that this requires a proper execution of the agreement, has
Streampartner the right to have certain work done by third parties.
5. the client shall ensure that all data, which indicates that Streampartner
This is necessary or which the client reasonably understand to be
necessary for the delivery of the service Streampartner be provided in due time.
If the data required for the implementation of the agreement in time to
Streampartner the right Streampartner has been supplied, the delivery of the service
to suspend and/or additional costs resulting from the delay according to the usual
rates to charge to the client.
6. Streampartner shall not be liable for damage of whatever nature caused by the fact that
Streampartner worked by supplied incorrect and/or incomplete
7. If parties have agreed that the agreement will be executed in stages, can
Streampartner the execution of the parts belonging to a following stage
client until the results of the preceding stage in writing
has been approved and has paid the previous phase.
8. If third parties engaged by Streampartner or by Streampartner in the framework of
the contract work is performed at the location of the client or
client designated location, caring for the client free of charge by those bears
staff facilities desired in all reasonableness.
9. client shall indemnify Streampartner against claims by third parties, in connection with the
performance of the contract is attributable to the client and which caused injury.
10. Streampartner are not responsible for the content of the stream. We notify you nowhere
to. You are solely responsible for any payments to 3rd parties.
This includes for example, think of a stream the Buma STEMRA and Sena.
Article 5 use of identification data
1. will Streampartner identification information, addressing information and/or codes exclusively to
Client available for use of the service. Client will
carefully to deal with this identification information, addressing information and/or codes.
Client shall in case of loss, theft and/or other forms of irregular use
Notify Streampartner immediately, so that Parties can take appropriate actions.
2. where can reasonably be suspect because of client abuse is made
of the identification data, addressing information and/or codes of client, can
Streampartner client instructions, which should be carried out.
3. If it is found that has abused the client identification information,
addressing information and/or codes or that the client has given no hearing
to the indications referred to in the previous paragraph, the client is immediately in default and
begetting any obligation of damages towards Streampartner.
Article 6 Service and maintenance
1. Streampartner will, as far as reasonably may be required of her, work
in order to maintain the service for 7 days per week and 24 hours a day, except
the time required for maintenance work.
2. Streampartner will, as far as reasonably may be required of her, work
to maintain the link with other networks and maintain.
3. the client should disturbances in the functioning of the Service immediately and report them to
4. Streampartner will be a failure in the service as soon as possible, after the failure by
Client is reported, lifting.
5. the cost of the failure elimination in the service will be paid by Streampartner,
unless: * client has made improper use of the service; *
Client is in violation of the agreement or the terms and conditions acted
on the use of the service; * the disturbance otherwise to client
can be attributed.
6. Streampartner makes no refund for any downtime necessary servicing of
the stream servers.
Article 7 Privacy
1. Streampartner will comply with its obligations under the privacy legislation.
2. the client shall grant Streampartner permission to data of the client who
necessary for the (do) to provide the service, providing its affiliated
Article 8 amendment of the agreement
1. If, during the execution of the agreement shows that the proper
implementation is necessary for the work to be done to modify or supplement, is
Streampartner entitled to apply those adjustments and additions. The cost
for this shall be borne by the customer.
2. If parties agree that the agreement needs to be changed or supplemented, this decision may influence the time of completion of the assignment. Streampartner will
Client shall notify as soon as possible.
3. If the change or supplement to the agreement's financial and/or qualitative
will have consequences, Streampartner will advise client.
4. If a fixed fee has been agreed upon then Streampartner shall indicate in
the extent to which the change or supplement to the agreement fees as a result.
Article 9 duration of Contract execution time
1. the agreement between Streampartner and a client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or parties otherwise agreed expressly and in writing.
2. within the term of the agreement for the completion of certain agreed a work term, then this is never a deadline.
Article 10 payment
1. client agrees that Streampartner's invoices sent electronically or made available.
2. the fees for the service are payable from the communication from Streampartner
to the client that the service is delivered.
3. payment must be made within 15 days of the invoice date, on a by Streampartner
to give way in the currency in which is declared. As Time of payment is being the conciderd when the amount due is received by Streampartner.
4. If the client defaults in payment within the term of 15 days then Client is legally in default without further notice. Client is then due an interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. The interest on the amount payable will be calculated from the time that the client is in default until the moment of payment of the full amount.
5. In the event of liquidation of the company by client, if the bankruptcy of Client is pronounced or is requested, client requests
the law on suspension of payments, principal debt rescheduling of is declared by the client application calls for application of the law debt rescheduling, shall be paid by the client through precautionary or
repossessions or client is placed under guardianship or about his goods a reign is pronounced all claims by Streampartner on Client immediately due and payable.
6. Streampartner the payments made by the client has the right to stretch in the first of all to reduce the (collection) costs, subsequently to reduce the interest still due and finally to reduce the principal sum and the current interest.
7. If the client is in default or is in default in the fulfillment of his (timely)
obligations, all reasonable costs incurred to have all extrajudicial costs and debts in and outdoor
straight for the client's account. In any case, in the case of a client debt collection costs due. The collection charges shall be calculated
in accordance with the collection rate as by the Nederlandse Orde van Advocaten
advised with a minimum of E 40,--.
8. If by Streampartner higher (collection) costs is made, these shall also be be borne by the customer.
9. the administration of Streampartner delivers full proof on between parties, one and other
the absence of proof to the contrary.
Article 11 denunciation
1. termination of a service can indicate be by email to firstname.lastname@example.org, do this for the renewal date. Email address must match the customer email address, required is to indicate your name, address and account name/service.
1. in the event of cancellation must always followed the prescribed procedure by supplier be. The supplier shall make this procedure on first request.
2. Client shall not be entitled a contract of service or of command which for a definite period, interim on to say.
Article 12 suspension and dissolution
1. Streampartner reserves the right to temporarily disable the Service and/or
to limit its use, cq. to suspend or the fulfilment of the obligations under the
Agreement, if: * client obligations resulting from the agreement not or not fully fulfil his * After the conclusion of the agreement to Streampartner
come circumstances giving good ground to fear that client liabilities will not fulfil. * client was asked to furnish security at the conclusion of the agreement to guarantee the fulfilment of his obligations under the agreement and that this security is not provided or insufficient.
2.Furthermore, to dissolve the agreement Streampartner if circumstances arise of such a nature that fulfilment of the agreement impossible or to standards of reasonableness and fairness can no longer be demanded
or if other circumstances arise of such a nature that
unaltered maintenance of the agreement cannot reasonably should be expected.
3. If the agreement is dissolved, the claims of Streampartner on Client immediately due and payable. If the performance of the Streampartner
suspends obligations, he shall retain his rights under the law and the agreement.
4. To reconnection and/or provision of the service is passed, if turns out that client within a period specified by Streampartner are still
obligations have been met and the amount established for reconnection and/or to
provision has met.
5. Streampartner shall always retain the right to claim damages.
Article 13 Safeguards
1. client shall indemnify Streampartner against any liability to third parties, which
liability due to the client, in the law or under the
traffic or the society accepted for its expense.
2. client shall indemnify Streampartner against claims by third parties relating to
intellectual property rights in materials provided by the client or data, which are used in the implementation of the agreement.
3. If the client to Streampartner information carriers, electronic files or software etc., the former shall guarantee that said information carriers, electronic files or software are free of viruses and defects.
4. all rights of intellectual or industrial property on all under the agreement
software, equipment made ailable by Streampartner, analyses, designs, documentation, reports, offers, preparatory material, etc. (collectively:
"(the) works") are owned exclusively by Streampartner or its licensors.
Article 14 secrecy
1. both parties are required to maintain the confidentiality of all confidential information that they in
the framework of their agreement have obtained from each other or from another source. Information shall be considered to be confidential if the other party has indicated so or if the results from the nature of the information.
2. If, on the basis of a legal provision or a court ruling, Streampartner
held is confidential information to designated by law or the competent court to provide third-party, and Streampartner itself in this area can't rely on a legal or recognized by the competent judge or permitted right of change, then is not held for damages or indemnity and Streampartner is the
other party shall not be entitled to dissolve the agreement on account of any damage,
This may cause.
3. the parties have no obligation under the agreement to maintain the attitude
information which: already at the party was known; * independent of the other party by the party lawfully collected; * by the party without legitimate duty to
maintain the confidentiality of a third is obtained; * already by the rightholder in the public domain has been released.
4. provision of confidential information to third parties may only take place in the
following cases: * to other employees and the staff of the private company that have not been involved in the provision of information and to third parties, only for the extent necessary within the framework of the agreement; * to third parties, provided that the party that the information has transferred to has prior written consent granted; * to third parties, provided that this party pursuant to a legislation of the
Advanced and after a direct notification of such claim to the other party.
5. as far as third parties involved in performance of the contract parties must guarantee that third-party and their staff for that corresponding provisions with be made as to the secrecy.
6. If the client attributable to short, in the application of this Article, forfeits This one without legal intervention, deposits repayable fine of E 4,500.00
(in words: four thousand five hundred euros) per event, without prejudice to any other rights,
including those on performance and/or compensation of the damage suffered by it.
Article 15 intellectual property and copyrights
1. all pieces made by Streampartner, text, drawings, reports, opinions,Phone: + 31 (0) 88 5010700 agreements, designs, sketches, software, etc. are and remain the property of Streampartner. Streampartner retains all rights and powers in this regard
who assigns her, without prejudice to the Copyright Act which is in these General conditions are determined.
2. all documents, such as reports, advice provided by Streampartner, agreements,
designs, sketches, drawings, software etc, are only intended to be used by the client and may not without the prior consent of by him
Streampartner be reproduced, published, or communicated to third parties
unless from the nature of the documents provided dictates otherwise.
3. the Streampartner shall be entitled by the execution of operations increased
knowledge for other purposes, in so far as no confidential information
is brought to the attention of third parties. On the subject of which is Streampartner to the
client no payment shall be due.