Marine Connect

Terms and conditions

General Terms and Conditions Marine Connect B.V.

This translation can only be used in combination with and as explanation to the Dutch text. In the event of a disagreement or dispute relating to the interpretation of the English text the Dutch text will be binding. These general terms and conditions are subject to Dutch Law.

1. Parties:

  1. Marine Connect B.V., registered with the Chamber of Commerce under number 98999303, established in Amersfoort at Birkt 103 (3812 RM), user of these general terms and conditions.
  2. Further details of Marine Connect B.V.:

    VAT identification number:

    NL868741164B01

  3. The User: the (potential) customer of services offered by Marine Connect B.V.

2. Applicability

  1. Marine Connect B.V. declares these general terms and conditions applicable to every offer by Marine Connect B.V. and to agreements entered into between the parties. These general terms and conditions shall also apply to future contractual relationships between the parties, unless their content has been modified or more specific conditions apply.
  2. Deviations from these conditions shall only apply to the extent that they have been expressly agreed in writing by the parties.
  3. The User's general (purchasing) conditions are expressly rejected.
  4. Third parties engaged by Marine Connect B.V. in the performance of the agreement may also rely on these general terms and conditions.
  5. If one or more provisions of these general terms and conditions are null and void or are voided, the remaining provisions shall continue to apply. The parties shall then consult to agree on replacement rules.

3. Offer and agreement

  1. Every offer, whether on the platform or otherwise, is entirely non-binding and revocable, unless otherwise indicated in writing by Marine Connect B.V.
  2. Prices stated on the platform or in any other form of offer are in Euros and exclusive of VAT and subject to levies, surcharges and other factors.
  3. All representations by Marine Connect B.V. regarding scope, colour and other specifications of services to be provided are indications only.
  4. Obvious errors and accidental mistakes in the offer are not binding on Marine Connect B.V.
  5. A legal relationship governed by these conditions is established at the moment the User has created an account on the platform of Marine Connect B.V.
  6. Marine Connect B.V. is expressly not a party to any agreement entered into between the User and the User or third parties.
  7. The offer has been established in mutual consultation. By entering into the agreement, the parties consider all amounts and arrangements to be reasonable and equitable.
  8. Marine Connect B.V. expressly does not act as a temporary employment agency within the meaning of the law.

4. Account/profile

  1. The User is only permitted to create an account with the consent of the legally authorised representative of the User.
  2. Each account must describe the User's entity. Requested data must be completed truthfully.
  3. It is not permitted to provide login details to third parties or to use third-party login details. The User is responsible for all use via the User's account and is obliged to report any unauthorised use as soon as possible.
  4. Marine Connect B.V. reserves the right to refuse any application for an account or to cancel an existing account for any reason, including breach of these conditions. Marine Connect B.V. reserves the right to temporarily suspend an account or place it on a waiting list.
  5. The User is not permitted to apply for or manage more than one (1) account.
  6. The User may close their account if they no longer wish to use the services of Marine Connect B.V.
  7. Content posted by the User is not automatically deleted upon account closure. Responsibility for deletion lies with the User. If the User does not remove the content, Marine Connect B.V. shall have a continuing right of use under the same conditions as included in these general terms and conditions.
  8. Marine Connect B.V. is not liable to compensate the User for any costs or damages in connection with the closure of an account for any reason.

5. Performance of the agreement by and obligations of Marine Connect B.V.

  1. The User shall give Marine Connect B.V. the opportunity to perform the agreement and is obliged to provide the necessary cooperation.
  2. Marine Connect B.V. will perform its obligations as soon as possible. Deadlines are not strict deadlines (fatal termijnen).
  3. Marine Connect B.V. is free to have the assignment and/or delivery performed by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
  4. Marine Connect B.V. reserves the right to change the content, form and format of communications or the User's account/profile at any time and at its own discretion without the User being entitled to compensation or restitution.
  5. Marine Connect B.V. reserves the right to change the layout of the platform at any time and at its own discretion without the User being entitled to compensation or restitution.
  6. Marine Connect B.V. endeavours to publish the platform throughout the term of the agreement, but does not guarantee uninterrupted, error-free or fault-free publication.
  7. In the event of a risk to the functioning of computer systems or the network due to force majeure, all obligations of Marine Connect B.V. shall be suspended. If performance is impossible for more than one month, Marine Connect B.V. is entitled to dissolve the agreement.
  8. The User enters into any agreement with third parties entirely at their own risk. Marine Connect B.V. is expressly not a party to such agreements.
  9. The User is solely responsible for checking all relevant laws and regulations concerning the offer and delivery.
  10. The User irrevocably indemnifies Marine Connect B.V. against claims arising from agreements between the User and third parties.
  11. Marine Connect B.V. will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.

6. Performance of the agreement by and obligations of the User

  1. The account/profile, offer or other communication posted by the User on the platform or sent to third parties must comply with the following rules:
    1. The title and text must correctly and clearly describe the content.
    2. The titles and text may only be drafted in Dutch or in the language the third party wishes.
    3. Only the trade name of the User posting the titles or texts may be used.
    4. The content must correspond to the posted content.
    5. It is not permitted to mention only part of the business operations.
    6. The title and text may not be misleading, inaccurate or incorrect.
    7. Only names or definitions that are recognised or common in Dutch usage may be used.
    8. It is not permitted to advertise or link to other platforms with advertisements.
    9. Comparisons with other customers of Marine Connect B.V. are not permitted.
    10. It is not permitted to include a disclaimer.
    11. It is not permitted to post content with the sole purpose of directly or indirectly promoting a company.
    12. It is not permitted to write any form of discriminatory text.
    13. The content may not contain expressions that are contrary to law, public order or public morality, nor infringe intellectual property rights of third parties.
    14. It is not permitted to provide content in which business operations are offered that are contrary to the law or public order.
  2. Marine Connect B.V. is entitled to request and monitor communications between the User and third parties for quality control and compliance purposes.
  3. Unless otherwise agreed, the paying User shall have paid the fees in full immediately prior to the commencement of delivery.
  4. In the event of exceeding the agreed payment term, Marine Connect B.V. is entitled to suspend all performance and to charge a default interest of 1% per month plus extrajudicial collection costs (minimum EUR 40 excl. VAT).
  5. Without the express written consent of Marine Connect B.V., the User is not permitted to apply any set-off and/or suspension and/or retention.
  6. Marine Connect B.V. is entitled to amend its rates. A notified change must be objected to by the User within 14 days; if no objection is made, the agreement will continue under the new rates.

7. (Early) Termination of the agreement

  1. Assignments cannot be terminated (early) by the User acting in the exercise of a profession or business (Article 7:408 of the Dutch Civil Code is expressly excluded). Marine Connect B.V. is at all times entitled to terminate the agreement with immediate effect.
  2. Marine Connect B.V. has the right to close the User's account and remove all posted content if the User has not used their login details for twelve (12) months. Marine Connect B.V. also has the right to dissolve the account and/or agreement with immediate effect if:
    1. The User is granted (provisional) suspension of payment or is declared bankrupt;
    2. The User ceases or significantly alters its business operations without prior written consent;
    3. It appears that the User has provided incorrect information or misled Marine Connect B.V. in any way;
    4. The User breaches these or other applicable conditions;
    5. Marine Connect B.V. doubts the integrity or reliability of the User.
  3. Upon termination of the agreement, all amounts owed by the User to Marine Connect B.V. shall become immediately and fully due. No restitution of any credits shall take place.

8. Warranty and liability

  1. The User is only entitled to a warranty and/or remedy in the event of a defect if this is expressly stated in the main agreement or these general terms and conditions. The User must inspect each delivery within 48 hours and report any defects in writing within 72 hours.
  2. After notification, Marine Connect B.V. will remedy or replace the defect at no cost within reason. If neither remedy is effective, the User has the right to (partially) dissolve the agreement with regard to this defect.
  3. If the defect is attributable to the User or the User has notified Marine Connect B.V. too late, the right to remedy or replacement shall lapse.
  4. The existence of a defect does not suspend the User's payment obligation.
  5. Marine Connect B.V. does not guarantee the quality or quantity of the display of the account or other communications on the platform.
  6. The User is solely responsible for the content of the account and indemnifies Marine Connect B.V. against any claims by third parties.
  7. The User guarantees that digitally supplied content is safe and does not contain any viruses or other harmful content.
  8. The User bears the risk of correct and timely delivery of offers or other communications.
  9. Marine Connect B.V. is in no way liable for any damage resulting from the (temporary) unavailability of the account or other communications.
  10. In the event of shortcomings, Marine Connect B.V. is only obliged to adjust the account or other communications, extend the publication period or credit the costs.
  11. Should Marine Connect B.V. be liable to the User, such liability is limited to the amount covered by Marine Connect B.V.'s professional liability insurance, or otherwise to the amount of the fee for the damage-causing event, plus 15%.
  12. Marine Connect B.V.'s liability does not extend, except in cases of intent or deliberate recklessness, to consequential loss, indirect loss, non-material loss, delay loss, lost turnover and/or profit.
  13. Marine Connect B.V. is not responsible for statements, actions or performance of the User/third parties.
  14. The platform contains links to (social media) platforms. Marine Connect B.V. is not liable for the content of linked platforms.
  15. Marine Connect B.V. does not apply censorship in principle. The User accepts all risks associated with contacts with third parties via the platform.
  16. If an assignment is given by multiple clients, all clients are jointly and severally bound by the agreement. Article 7:407(2) of the Dutch Civil Code is excluded.
  17. The User is not permitted to use personal data of third parties other than for submitting the specifically requested offer.

9. Privacy and Intellectual Property

  1. All intellectual property rights in the content of the platform, such as designs, images, videos, texts, software, audio files, belong to Marine Connect B.V.
  2. The User is not permitted to use software to collect and process data from Marine Connect B.V.'s platform.
  3. The User is not permitted to send unsolicited mail or emails, or other spam, to third parties.
  4. The User guarantees that they use the platform and all related products, services and documentation in accordance with all applicable laws and regulations regarding intellectual property and privacy protection. If a third party objects to the use of their personal data, the User is obliged to cooperate and Marine Connect B.V. is entitled to dissolve the agreement.
  5. All data may be used by Marine Connect B.V. after anonymisation for promotion, training, advisory or statistical purposes.
  6. Marine Connect B.V. may use the User's trade name and all accounts/profiles or offers and their content for its own publicity purposes. By creating an account or posting an advertisement, the User automatically grants Marine Connect B.V. a free, worldwide, non-exclusive licence for the duration of the active agreement, which terminates automatically upon termination or deletion of the account, to use, reproduce, distribute and make public their trade name and the content of a profile/account or offer (and to permit third parties to use and reproduce) for marketing, promotional and/or advertising purposes. The User guarantees that they are authorised to grant this licence.
  7. Marine Connect B.V. processes the personal data of the User that are necessary for the maintenance and use of the platform by the User. Marine Connect B.V. has further elaborated its privacy policy in its privacy policy document. The User gives consent by registering for an account to the processing of their personal data as described in the privacy policy.
  8. The User is expressly requested to protect their personal data as much as possible. Marine Connect B.V. requests the User not to provide every piece of personal information to third parties without consideration.
  9. When creating the account, the User must agree to the privacy policy. The User may at any time object to the processing of personal data that are not necessary for the use of the platform. In the event of such an objection and the subsequent cessation of processing by Marine Connect B.V., Marine Connect B.V. reserves the right to assess whether continued use of the platform is still possible and may temporarily suspend use of the platform pending this assessment.

10. Amendments to the general terms and conditions

Marine Connect B.V. reserves the right to amend or supplement these general terms and conditions. Amendments shall also apply to already concluded agreements subject to a period of 14 days after notification of the amendment. Minor amendments may be made at any time. If the User does not wish to accept an amendment, they must notify Marine Connect B.V. in writing before the date on which the new general terms and conditions take effect.

11. Jurisdiction, governing law and transfer of rights

  1. Marine Connect B.V. is entitled to transfer its rights and obligations under this agreement to a third party. The User may only transfer their rights and obligations to a third party with the written consent of Marine Connect B.V.
  2. These and all other agreements concluded between the parties are exclusively governed by Dutch law, with the express exclusion of the Vienna Sales Convention.
  3. In the event of a dispute arising from the agreement between the parties, the exclusively competent court shall be the court in the district in which the municipality in which Marine Connect B.V.'s head office is established is located.

* These general terms and conditions were drafted by Bleijerveld Juridisch advies www.bleijerveldjuridischadvies.nl