Terms & Conditions

Terms and conditions

General terms and conditions Marine Connect

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:

Marine Connect, registered with the Chamber of Commerce under number 95798331, established in Amersfoort at Birkt 103 (3812 RM), user of these general terms and conditions.
Further details of Marine Connect:
Website:
www.marineconnect.nl
Email:
info@marineconnect.nl
VAT identification number:
NL005174015B49

2. Applicability

Marine Connect declares these general terms and conditions applicable to every offer of Marine Connect and, whether or not resulting from it, agreements entered into by the parties with each other. As far as the contents hereof have not been changed or no more specific terms and conditions apply between parties, these general terms and conditions will also apply to future contractual relationships between parties.
Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed in writing by the parties.
General (purchase) terms and conditions of The User are expressly rejected.
Third parties involved by Marine Connect in the execution of the agreement may also rely on these general terms and conditions.
If one or more (part(s)) of the provisions of these general terms and conditions are null and void or annulled, for instance because they are in violation of mandatory law, the remaining provisions or the remaining part of the provision concerned of these general terms and conditions will remain applicable. Parties will then consult to agree on new rules to replace the void or nullified provisions, in which the purpose and meaning of the void or nullified (part of the) provisions will be expressed as much as possible.

3. Offer and agreement

Any offer, whether in the form of an offer on Marine Connect's platform or otherwise, is entirely and unconditionally free of obligation and revocable, unless otherwise indicated in writing by Marine Connect.
Prices as stated on the platform or in any other form of an offer will be in Euros and exclusive of VAT and subject to levies, surcharges and other factors.
All statements by Marine Connect of size, colour and other display specifications of services to be delivered are indications only. A minor deviation from these will not lead to a shortcoming in the fulfilment of the agreement on the part of Marine Connect.
Obvious clerical errors and abusive mistakes in the offer are not binding towards Marine Connect.
A legal relationship regulated by these terms and conditions will be established the moment The User has created an account on the platform of Marine Connect. These terms and conditions will then be applicable, among other things, to every agreement The User concludes directly and indirectly through this account. These further agreements will come into effect at the moment after both parties have signed a written offer, after Marine Connect has confirmed a written acceptance or after Marine Connect, or a third party on its behalf, has started execution.
Marine Connect is explicitly not a party to any agreement concluded between The User and the other User or third parties. Disputes arising from such an agreement must be resolved by the parties themselves. Marine Connect will not play any role in this. Marine Connect will therefore not guarantee the fulfilment of any agreement with The User or third parties.
The offer has been made in good consultation. By entering into the agreement, the parties consider all amounts and agreements reasonable and fair.

4. Account/profile

The User is only allowed to create his/her own account with the consent of the legal representative of The User.
Each account must describe the entity of The User. Requested data must be filled in truthfully. The User may therefore not create a fictitious character or represent any other entity.
It is not allowed to provide login data to third parties. It is not allowed to use login data of third parties for the purchase of offered services. The User is responsible for any use/acting that, with or without the consent of The User, is made via The User's account. The User is obliged to report all unauthorised use of The User's account to Marine Connect as soon as possible.
Marine Connect reserves the right for any reason to refuse an application for an account or to cancel an existing account after registration, for example in case of violation of these terms and conditions or other house rules of Marine Connect. However, Marine Connect reserves this right in case the identity or business operations of The User's company do not fit within Marine Connect's ethics and target group. In the latter case, The User will not owe any additional fee. Marine Connect reserves the right to temporarily suspend or put an account on a waiting list.
The User is not allowed to apply for or manage more than one (1) account. Furthermore, The User is not allowed to (re)apply for or manage an account after Marine Connect has refused The User's application for an account or cancelled an account after registration.
The User may (have) its account cancelled if it no longer wishes to use the services of Marine Connect.
Content posted by The User is not automatically deleted upon account cancellation. The responsibility for removal or removal upon request lies with The User. If The User does not remove the content or have it removed, Marine Connect will have a continuous right of use under the same conditions as included in these general terms of use.
Marine Connect will not be liable for compensation of costs or damages of The User in connection with the deletion of an account for whatever reason.

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

The User shall give Marine Connect the opportunity to execute the agreement. The User undertakes to provide the necessary cooperation for the execution of the agreement by Marine Connect.
Marine Connect will fulfil its performance as soon as possible. Deadlines vis-à-vis Marine Connect are not fatal, as a result of which The User will always first give Marine Connect notice of default, whereby a long and reasonable term must be given, before any remedy can be taken.
Marine Connect will be free to have the performance carried out by third parties. Section 7:404 of the Dutch Civil Code is explicitly excluded in the agreement.
Marine Connect reserves the right to change the content, form and format of messages or the account/profile of The User at any time and at its own discretion without The User being entitled to compensation or restitution of (part of) the price. This will therefore never be seen as a shortcoming in the fulfilment of the agreement. Marine Connect is entitled to display commercial advertisements, whether or not from competitors, on the page.
Marine Connect reserves the right to change the layout the platform (incl. user options etc.) at any time and at its own discretion without The User being entitled to compensation or refund of (part of) the price.
Marine Connect makes every effort to publish the/the platform(s) or (company) accounts/profiles throughout the agreement. However, Marine Connect does not guarantee uninterrupted, fault-free and/or error-free publication or accessibility of the platform(s) at all times. Marine Connect is entitled, without prior notice, to put the platform(s) or (company) accounts/profiles (temporarily) out of use and/or to restrict their use if this is necessary in its reasonable opinion, for instance within the framework of necessary maintenance of the platform or systems.
If in the opinion of Marine Connect there is a danger for the functioning of the computer systems or the network of Marine Connect or third parties and/or the deliveries of Marine Connect are hampered or prevented by, but not limited to, failures or breakdowns of the internet, the telecommunication infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, domestic riots, mobilisation, war, transport congestion, strike strike, exclusion, company disturbances, stagnation in supply, fire, flood, import and export impediments, epidemics, pandemics, government measures, all obligations of Marine Connect will be suspended and Marine Connect will be entitled to take all measures it reasonably considers necessary to avert or prevent this danger/prevention, without The User having any right to compensation. If fulfilment due to force majeure is impossible for more than one month or if there are other circumstances that make it disproportionately burdensome for Marine Connect to fulfil its obligations, Marine Connect will be authorised to dissolve the agreement in full or in part by giving notice to The User and without judicial intervention, without there being any obligation to pay damages in that case.
The User shall have the choice whether or not to enter into an agreement with third parties after receiving an offer. The User will always enter into any agreement with third parties for its own account and risk. Marine Connect is emphatically not a party to the agreement that The User and third parties enter into with each other, nor does Marine Connect act as an agent of a party, nor does Marine Connect enter into agreements with the other on behalf of a party.
The User itself is responsible for checking all relevant laws and regulations regarding the offer and performance/execution of the agreement between The User and third parties. Unless otherwise agreed, advising Marine Connect in respect of the foregoing is not part of its obligations.
The User declares to irrevocably indemnify Marine Connect against the agreement concluded between The User and third parties. Furthermore, The User declares that Marine Connect is not responsible for the actions of third parties and the fulfilment of the obligations of third parties arising from the agreement between third parties and The User.
Marine Connect will look after the interests of The User within the limits of the assignment given. Marine Connect will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The User acknowledges that Marine Connect has artistic freedom in the execution of the agreement insofar as no specific features, functions or wishes of The User are laid down in the main agreement/quotation. All services of Marine Connect will be performed based on an obligation to perform to the best of one's abilities, unless and in as far as Marine Connect has explicitly promised a result in the written agreement and the result concerned has also been described with sufficient certainty. Marine Connect will be entitled to carry out anything not explicitly described in the order according to its own technical and creative insight. The indebtedness of the possible fee will therefore in no way depend on the outcome of the assignment and/or the result.

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

The account/profile, offer or other communication posted by The User on the platform of Marine Connect or (otherwise) sent to third parties shall comply with the general rules below:
1. The title and text should correctly and clearly describe the content of the account, offer or other communication.
2. The titles and text of the account, the offer or other communication may only be in Dutch or in the language desired by the third party/parties.
3. In the title or text of the account, the offer or other communication, only the (trade) name of The User posting the titles or messages may be used. Mentioning other (trade) names is not permitted.
4. The content of the account, the offer or other communication, such as described method and images, must correspond to the posted content.
5. It is not permitted to mention only part of the business operations in the account, offer or other communication.
6. The title and text of the account, offer or other communication must not be misleading, inaccurate or incorrect.
7. In the title and text of the account, offer or other communication, only designations or definitions that are recognised or commonly used in Dutch speech may be used.
8. Only The User's platform may be included in the account, offer or other communication. It is not permitted to mention platforms or to include links to platforms that are wholly or partially filled with links to other advertising websites or to advertisements aimed in particular at processing advertising revenue by generating clicks. In the account and communication, it is not allowed to advertise or refer to other platforms with advertisements.
9. Any business may be compared to other business only in the text of the account, offer or other communication, or in a general sense to the same business by competitors. It is not permitted to include comparisons with other users of Marine Connect.
10. It is not allowed to include a disclaimer in the account, offer or other communication.
11. It is not allowed to post the account, the offer or other communication for the sole purpose of directly or indirectly promoting a company.
12. It is not allowed to write any kind of discriminatory messages in the account, the offer or other communication. This includes in any case, but not exclusively, discrimination of race, sex, sexual preferences, skin colour and religion.
13. The account, the offer or other communication may not contain any statements that are contrary to the law, other regulations (including the Dutch Advertising Code), public order or decency. Nor may the content infringe on the (intellectual property) rights of third parties, except with legally valid permission.
14. It is not permitted to provide content in which business conduct is offered that is contrary to the law or public order.
To check compliance with the agreed terms and conditions and to monitor quality, Marine Connect is entitled to request and monitor offers or other communication between The User and third parties, such as another User. The User is obliged to cooperate with this.
Unless otherwise agreed upon, the paying User must have paid the fees due in full immediately prior to the commencement of the performance/performance and payment will take place by direct debit. The paying User will provide Marine Connect with an authorisation to debit the agreed price from The User's bank account by direct debit. When paid by invoice, a payment term of 14 days will apply.
When exceeding the agreed term of payment and in any other case of default Marine Connect will be entitled to suspend any performance for the duration of the default. Marine Connect will also immediately be entitled to charge The User default interest of 1% of the principal sum per month as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 40,- excluding VAT.
Without explicit and written consent of Marine Connect, The User will not be allowed to apply setoff and/or suspension and/or deduction with respect to its payment obligations.
Marine Connect is authorised to change the rates. An announced change must be encumbered by The User within 14 days, when The User does not object, the agreement will be continued with application of the new rates. If The User objects, the agreement can be continued unchanged or both parties are authorised to dissolve the agreement within 14 days.

7. (Interim) Termination of the agreement

Section 7:408 of the Dutch Civil Code is explicitly excluded in the agreement with regard to The User acting in the exercise of a profession or business, as a result of which orders cannot be terminated (prematurely). In the event that The User is not acting in the exercise of a profession or business, the statutory regulations concerning termination shall apply. Unless otherwise agreed upon in writing, agreements will be valid for an indefinite period of time. Marine Connect will at all times be entitled to prematurely terminate the (duration) agreement(s), with immediate effect, without being liable for any (damage) compensation and thereby deny access to the platform for The User.
Marine Connect has the right to cancel the account of The User and remove all posted content if The User has not used its login details for twelve (12) months. In addition, Marine Connect has the right to dissolve the account and/or the agreement with The User with immediate effect for the future by means of a written notification without (further) prior notice of default and without any right to compensation, if:
1. The User is granted suspension of payment (whether provisional or not) or The User is declared bankrupt, The User submits a request for application of a debt rescheduling scheme or The User is placed under guardianship or administration;
2. The User discontinues or otherwise liquidates all or part of its business operations and/or substantially modifies or transfers its business activities to a third party without Marine Connect's prior written consent;
3. At any time it appears that The User has provided incorrect information or has misled Marine Connect in any other way, such as, for example, in respect of The User's identity and personal characteristics;
4. The User violates these or other applicable terms and conditions;
5. If Marine Connect doubts the integrity or reliability of The User, e.g. in complying with ethical codes in the relevant industry or the quality of business operations. The latter will occur in any case if Marine Connect receives a complaint about The User from a third party, such as another User.
In case of termination of the agreement, all payments owed by The User to Marine Connect will be immediately due and payable in full. There will be no refund of any balances.

8. Warranty and liability

The User will only be entitled to warranty and/or remedy as a result of a shortcoming if this is explicitly stated in the main agreement or these general terms and conditions The User is obliged to check every performance under the agreement by Marine Connect as soon as possible, but within 48 hours after performance. If the performance does not comply with what was agreed upon, whereby account must be taken of effort obligations as described among others in Article 5.11, and therefore there is a shortcoming, The User must have reported this to Marine Connect in writing by e-mail within 72 hours after performance.
After the information has been provided as referred to in the previous paragraph, Marine Connect will repair or replace the defect free of charge and within reason. If none of the two remedies described above provide a solution to effectively remedy the defect, The User has the right to (partially) terminate the agreement with regard to this defect. The foregoing applies without The User being entitled to any compensation.
If the defect is caused by a fault attributable to The User or if The User has informed Marine Connect too late about the defect, his right to repair, replacement or possible dissolution as described in this article shall lapse. The burden of proof that the fault is not attributable to The User lies with The User.
The existence of a defect does not suspend The User's payment obligation.
Marine Connect is not responsible for the quality and quantity of the display of the account, the offer or other communication on the platform or otherwise.
The User is responsible for the content of the account, the offer or other communication and indemnifies Marine Connect - in and out of court - against any claims by third parties in this regard.
The User guarantees that digitally supplied content is safe and does not contain viruses or other harmful content that could in any way damage the computer systems, computer programs of Marine Connect and/or third parties. Marine Connect is in no way liable for the content of the account, the offer or other communication including photo and/or other image material. The User indemnifies Marine Connect both in and out of court against claims from third parties in connection with the content of the account, the offer or other communication of The User.
The User bears the risk of correct and timely performance of offers or other communication, regardless of how The User delivers them.
Marine Connect is in no way liable for any damage resulting from the (temporary) unavailability of the account, the offer or other communication.
In the event of any shortcomings in the performance of the agreement on its part, Marine Connect is only obliged to adjust the account or other communication, extend the publication or credit the costs, without The User being able to assert any right to any (damage) compensation whatsoever.
Should Marine Connect be liable to The User without delay, this liability shall be limited to the amount to which the professional or business liability insurance taken out by Marine Connect provides entitlement or otherwise, in the event that there is no insurance to which a claim can be made or the insurance does not pay out, to the amount of any fee for the event causing the damage, increased by 15%.
Except in the case of intent or deliberate recklessness, Marine Connect's liability does not extend to consequential damage, indirect damage, immaterial damage, damage due to delay, property damage, reduced goodwill, lost turnover and/or profit, etc.
Marine Connect is not responsible for statements, actions or performances of The User/third parties, whether or not via its platform. Unless expressly stated otherwise, Marine Connect is not a party to the agreement that The User concludes with a third party. All claims and other disputes must be resolved by them. The content of an agreement between The User and a third party, such as another User, may contain different and/or additional conditions than those initially displayed on Marine Connect. The parties must therefore negotiate and agree on the actual conditions independently. Messages provided via Marine Connect from third parties, such as a User, therefore do not apply as an irrevocable legal offer/acceptance.
The Marine Connect platform contains urls/links to (social media) platforms. These referral options are offered as a facility and do not have the qualification of recommendation by Marine Connect. Marine Connect is in no way liable for the content of the linked platforms or for the actions and omissions of these third parties.
Marine Connect does not apply censorship in principle and is not active in screening the content of its platform (the account, the offer or other communication) that is placed or provided by The User or other third parties. The User accepts all risks associated with all contacts with third parties that are established via the Marine Connect platform. The User is obliged to independently verify all published content. Marine Connect expressly reserves the right to monitor the account, the offer or other communication for quality control and compliance with the agreed conditions. The User must provide all cooperation for this.
If an order is placed by multiple users, all users are jointly and severally bound by the agreement. If Marine Connect accepts the order with multiple users, each User is responsible for his own actions. Article 7:407 section 2 of the Dutch Civil Code is excluded.
The User is not permitted to use personal data of third parties other than for issuing the specific offer requested. The User indemnifies Marine Connect against all liability resulting from a violation of this prohibition.

9. Privacy and Intellectual Property

All intellectual property rights to the content of the platform, such as designs, images, videos, messages, software, sound files, belong to Marine Connect. Third parties may not use these commercially or otherwise reproduce them without the prior permission of the holder of these intellectual properties.
The User is not permitted to use software to collect and process data from the Marine Connect platform.
The User is not permitted to send unsolicited mail or e-mails, or other spam, to third parties, to make unsolicited calls or to contact them in any other way with the aim of promoting or selling products and/or services of itself or third parties, with the exception of the business operations for which an application has been submitted.
The User guarantees that they use the platform and all related products, services and documentation in accordance with all applicable laws and regulations in the field of intellectual property and privacy protection. If a third party objects to the use of his/her personal data, The User is obliged to cooperate and Marine Connect is authorised to terminate the agreement, without (additional) compensation. Any amount paid in advance by The User will then be refunded.
All data may be used by Marine Connect after they have been anonymised for promotional, training and advisory or statistical purposes. All data will be stored and possibly used in anonymised form after deletion, for whatever reason.
Marine Connect may use the (trade) name of The User and all accounts/profiles or offers and the content thereof for its own publicity purposes. By creating an account or providing a quote or placing an advertisement, The User automatically grants Marine Connect a free, worldwide, irrevocable, sub-licensable and transferable license to use, reproduce, distribute and make public (and to allow third parties to use and reproduce) its (trade) name and the content of a profile/account or quote for marketing, promotional and/or advertising purposes. The User guarantees that it is authorised to grant this license.
Marine Connect processes the personal data of The User that are necessary for the maintenance and use of the platform by The User. Marine Connect has further elaborated its privacy policy in its privacy policy document. By registering for an account, The User gives permission for the processing of his personal data as described in the privacy policy.
The User is expressly requested to protect her personal data as much as possible. Marine Connect requests The User not to simply provide any personal information, such as passwords, copies of identity documents or IBAN numbers, to third parties. The User is responsible for the consequences of providing data to third parties.
When creating the account, The User must agree to the privacy policy. The User can object at any time to the processing of personal data that is not necessary for the use of the platform. Making an objection and therefore stopping the processing by Marine Connect, gives Marine Connect the right to stop the use of the platform by The User.

10. Changing the general terms and conditions

Marine Connect reserves the right to change or supplement these general terms and conditions. Changes also apply to agreements already concluded, taking into account a period of 14 days after the announcement of the change. Changes of minor importance can be implemented at any time. If The User does not wish to accept a change in these general terms and conditions, he must have made this known in writing before the date on which the new general terms and conditions come into effect.

11. Forum-, Choice of Law and Transfer of Rights

Marine Connect is authorised to transfer its rights and obligations under this agreement to a third party. The User is only authorised to transfer its rights and obligations to a third party with the written permission of Marine Connect.
This - and other agreements concluded between the parties - is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than arising from an agreement, then Dutch law will also apply to that obligation.
In the event that a dispute arises from the agreement between the parties, the court with exclusive absolute jurisdiction is the court in the district in which the municipality in which the head office of Marine Connect is located is subject. In the event that a dispute arises between the parties concerning non-contractual obligations, the court with exclusive absolute jurisdiction is also the court in the district in which the municipality in which the head office of Marine Connect is located is subject.