Terms & Conditions

These general terms and conditions are filed with the Chamber of Commerce of Groningen under number 02049491. They replace the preceding general terms and conditions.

I. General

1. Agreements
1. Unless agreed otherwise, these general terms and conditions apply to all agreements with Stageteq established in Zuidwolde (GN), The Netherlands. The special conditions under II.A, II.B and/or II.C supplement the general conditions under I, unless explicitly indicated otherwise in clauses II.A.1, II.B.1 or II.C.1. Stageteq rejects any terms and conditions of the customer, unless explicitly agreed otherwise. Separate terms and conditions are applicable to the products and services supplied by Stageteq Identification b.v.
2. Agreements are concluded by the acceptance by Stageteq of an oral or written order or subscription request placed by the customer. The customer accepts these terms and conditions by placing its order or subscription request. An order or subscription request is deemed to be accepted by Stageteq if and when Stageteq has not rejected the order or subscription request within fourteen days as of receipt of the order or subscription request.
3. Any offer made by Stageteq is without engagement unless explicitly indicated otherwise. The offer price is valid for a period of thirty days, unless indicated otherwise. Offers are based on the information as provided by the customer in its order or request and Stageteq may rely on the correctness thereof. Any information in brochures and leaflets are under reservation of all rights and do not bind Stageteq.
4. Personal data as provided by the customer in an order or request will be stored in Stageteq's client database, which has been notified to the Netherlands information commissioner ("College Bescherming Persoonsgegevens") in The Hague under number m1335946. The personal data which have been provided will be used by Stageteq to inform the customer about existing and new publications of Stageteq.

2. Payment
1. Unless agreed otherwise in writing, any payments of invoices shall be made within thirty from the invoice date without any deductions, in the way and in the currency as indicated on the invoice.
2. The payment term of thirty days is a firm date. In case of untimely payment, the customer will be in default de jure.
3. In case of untimely payment, Stageteq will be entitled to compensation of extrajudicial collection costs fixed at 15% of the principal amount with a minimum of Euro 34 (including VAT), without prejudice to the consequences of default pursuant to the Netherlands Civil Code.
4. Any payments made by the customer shall firstly serve to settle any accrued interest and costs and secondly to settle the longest outstanding invoice, even if the customer should indicate otherwise.
5. The customer is not entitled to set-off any payment due with any claim on Stageteq.
6. Stageteq reserves the right to require security for a payment or to require payment in advance and is entitled to suspend performance of any of its obligations until the required security has been provided.
7. Stageteq retains the ownership of any goods delivered to the customers until all fees and costs have been fully paid, including the costs mentioned in clause 2.3 above.

3. Complaints/returns
1. Any complaints in respect of supplied products or services and any objections against invoices must be presented to Stageteq in writing within fourteen days from the invoice date. The filing of a complaint or objection does not suspend the customer's payment obligations.
2. Any returns of supplied goods shall only be accepted - after the consent of Stageteq - if and in so far as the condition in clause in 3.1 above is fulfilled, the goods are undamaged and are returned to Stageteq in the original packaging as soon as can reasonably be required.

4. Subscriptions and prices of other Stageteq products and services
1. Subscriptions for which a fixed price is applicable shall, unless otherwise agreed be invoiced yearly in the month preceding the effective date of the subscription. Subscriptions for which a price per page is applicable, shall be invoiced periodically (normally quarterly) or per supplement in arrears for the pages received in the preceding period. All subscription rates include the costs of distribution within The Netherlands, unless otherwise indicated.
2. Subscriptions are entered into for an unlimited period of time, with a minimum term of one year. Each party may terminate the subscription in writing as from the end of the initial term or at any time thereafter, always subject to two months' notice.
3. Trial subscriptions are subscriptions which are offered to the customer in order to enable the customer to acknowledge itself with one or more Stageteq products for a limited period of time and for a reduced price. The customer shall not apply for another trial subscription regarding one and the same Stageteq product within a term of six months after expiry of a trial subscription. Stageteq is entitled to terminate a trial subscription with immediate effect if the customer should not comply with the above condition.
4. Stageteq is entitled to raise the prices of subscriptions and other Stageteq products and services on a yearly basis following the Consumer Price Index ("CPI") of the Netherlands Central Bureau of Statistics ("CBS"), series "all households".
5. In addition to the above indexation, Stageteq reserves the right to raise its prices from time to time. Stageteq shall inform the customer of any such changes in price in writing at least one month before such increase in price is passed on.
6. In case of price increases as mentioned in clause 4.5. above, the customer may terminate a subscription with immediate effect at any moment before the increased prices enter into force.
7. Stageteq may terminate a subscription or other supply with immediate effect if the customer is in default of any of its obligations, has filed for bankruptcy, has been declared bankrupt, has requested suspension of payments, or if the customer's business is wholly or partially dissolved or discontinued.
8. Individual orders for Stageteq publications may be placed in writing, by telephone, on line or through a bookshop. Buyers of loose leaf publications shall automatically be registered for supply of future supplements for the applicable price per page. The customer may terminate the right to receive supplements at any moment, unless otherwise agreed. Any such termination shall take effect ultimately one month after receipt by Stageteq of the termination notice.
9. The customer may not, without prior written consent of Stageteq, transfer any rights and/or obligations under an agreement to a third party. Stageteq is entitled to transfer the agreement or any of its rights and/or obligations thereunder to a third party. In such case, the customer shall be entitled to terminate a subscription with immediate effect.

5. Liability
1. Stageteq does not accept any liability for damage which is suffered by the customer pursuant to a non-performance of Stageteq (or a person for which it is responsible) of its obligations under an agreement or an unlawful act connected with the performance of its obligations under such agreement, including but not limited to damage caused by inaccurate, unlawful, incomplete or outdated information (in the broadest sense of those terms) as published by Stageteq.
2. The limitation of liability in clause 5.1 above does not apply to damage which is caused by the wilful misconduct or gross negligence of Stageteq or any person for which it is liable pursuant to the law. In such case, Stageteq's liability shall be limited to compensation of direct damage to property (including software and data files) and direct damage caused by death or personal injury and shall be further limited to the invoice amount or, in the case of an agreement for an indefinite period of time, the payments made by the customer over the month preceding the occurrence of the damage.
3. The information mentioned in clause 5.1 above includes, but it is not limited to, the content of advertisements and/or publications legally prescribed to natural or legal persons which have not been published by Stageteq.
4. Notwithstanding the preceding, the liability of Stageteq and the persons for which Stageteq is responsible, shall never exceed the invoice amount (pro rata) of the (part of the) agreement from which the liability arises.

6. Intellectual property
1. All intellectual property rights with respect to the publications of Stageteq, including copyright, trademarks and database rights pursuant to EC Directive 96/9/EC, are vested in Stageteq. Unless explicitly and unambiguously allowed by Stageteq or the law, nothing contained in Stageteq's publications may be published or copied in any way, including storage in an electronic data file. Without prejudice to the liability towards Stageteq for damage caused by a violation of its obligations, the customer shall impose the same conditions as mentioned in this clause 6 to any person or party to which it grants access to Stageteq's publications in whichever way and whether or not on a temporary basis to accept these conditions and to impose these on any third parties by way of an automatic transfer provision ("kettingbeding").
2. Copyright notices, trademarks, trade names or other indications of intellectual property may not be altered or deleted.

7. Prescription/limitation of claims
All claims and causes of actions towards Stageteq, including claims for compensation of damage, shall prescribe and lapse one year after such claim or cause of action has arisen.

8. Changes
1. Changes, amendments or annexes to an agreement and the general terms and conditions are valid only if agreed in writing and signed by both parties.

9. Partial invalidity
1. If a clause in an agreement or in the general terms and conditions is or will become invalid, this will not affect the validity of the entire agreement. The parties shall replace such invalid clause by another clause which to the extent possible expresses the original intention of the parties.

10. Disputes and applicable law
1. Any disputes in connection with the formation, interpretation or performance of an agreement with Stageteq shall be brought before the competent court in The Hague. If he parties have agreed on another form of dispute settlement, the customer shall be granted a term of one month from the date Stageteq has invoked such a clause to choose for dispute settlement by the competent court instead. The customer shall inform Stageteq in writing.
2. All agreements with Stageteq, including the interpretation and performance thereof, are subject to Netherlands law.
3. The customer indemnifies Stageteq against any claims of third parties in connection with an agreement. This indemnification includes any damage and costs that Stageteq should suffer in connection with a claim.
4. In the event of disputes concerning the interpretation of these general terms and conditions, the Netherlands text shall take precedence.

II.A Folio editions

1. General
1. These additional terms and conditions shall apply to any supply by Stageteq of products which both parties agree to be intended for resale.

2. Delivery
1. The supply of book publications to non-recognised or non-registered wholesalers or retailers shall additionally be governed by the "Reglement voor het Handelsverkeer van Boeken in Nederland" as filed with the court registry of the District Court of Amsterdam on 1 July 1992 under number 148 / 1978.
2. Pursuant to the terms referred to in clause 2.1 above, the customer undertakes to maintain the selling price for private persons as indicated on the invoice by the recognised publisher, bookseller, wholesaler or importer, or the price as to be determined by Stageteq, and shall not grant or allow any discounts in any form.
3. The retailer/wholesaler shall only supply to recognised booksellers and retailers which are registered as retailer with the Chamber of Commerce, exclusively for the purpose of supply to consumers for the applicable price.
4. The retailer/wholesaler shall in its supply to retailers impose the terms and conditions referred to above by informing its traders that these terms are available from the court registry of the District Court of Amsterdam as filed on July 1, 1992 under number 148/1978 and that they shall be sent to the trader at its request, as well as by setting out the terms and conditions in their entirety on each order confirmation and invoice. The consumers' selling price shall also be indicated on the invoice and order confirmation.
5. In case of violation of the terms and conditions referred to in clause 2.1, the "Koninklijke Vereeniging ter bevordering van de belangen des Boekhandels" has full authority to take action against violations in and out of court, in particular by taking measures to enforce compliance with the terms and conditions.

II.B Off line products, such as CD-rom and floppy disk

1. General
1. These additional terms and conditions shall apply to all agreements with respect to the making available by Stageteq of information off line (by way of information carriers such as CD-rom or floppy disk).

2. Licence
1. Stageteq grants the buyer or subscriber ("the user") of an information carrier as referred to above the non-exclusive right to normal use of the information which is stored on the information carrier.

3. Subscriptions
1. Licences to use information which is stored on off line information carriers are granted in the form of a subscription, for the fees as established by Stageteq on a yearly basis.
2. The user shall return the most recent edition of the information carrier to Stageteq within 7 days after termination of a trial subscription and by registered mail within 14 days after termination of a full subscription.
3. If the user does not (timely) return the most recent edition of the information carrier after termination of a (trial) subscription, Stageteq shall be entitled to charge additional costs.
4. The user is not allowed to transfer an information carrier to a third party.

4. Correct use and compliance
1. The user shall install, use and preserve the information carrier in a correct and prudent way.
2. The damage for which Stageteq has excluded its liability pursuant to clauses I.5.1 and I.5.2 includes any damage, of any nature, which is caused by or connected to the use of an information carrier.

5. Copyrights / database rights
1. Any intellectual property rights with respect to the information on information carrier(s), print outs, software, structure of the database etc., including copyright, trademarks and any database rights pursuant to EC Directive 96/9/EC, are vested in Stageteq or Stageteq's licensors. Unless explicitly and unambiguously allowed by Stageteq or the law, nothing contained in the information carriers published by Stageteq may be published or copied in any way, including storage in an electronic data file, unless in so far as necessary for the normal use as referred to in clause 2.1. The user is not allowed to make (or have made) the content of information carriers available to third parties, through a network or otherwise, or to store (or have stored) the information in any way by electronic means.
2. Stageteq grants the user the right to make one print-output of delivered content per consultation, which print-output may only be used by the user for purposes of its own study, exercise or other personal use.
3. Without prejudice to the liability of the user towards Stageteq for any damage caused by a violation of its obligations, the user shall impose the same conditions as mentioned in this clause 5 to any person or party to which it grants access to the information carrier or the information contained therein in whichever way and whether or not on a temporary basis, to accept the terms in this clause and to impose these on any third parties by way of an automatic transfer provision ("kettingbeding").

6. Software
1. The conditions of chapter I and this chapter II.B shall also apply to any software which is stored on the information carriers.

II.C On line-services

1. These additional terms and conditions shall apply to subscriptions as defined below:
Subscription: an agreement between Stageteq and the user, pursuant to which Stageteq grants electronic access to (a) Database(s) by way of a personal access code;
Trial subscription: subscription entered into for the introduction of one or more Stageteq on line services for a limited period of time and against a reduced price;
Database(s): the data files to which Stageteq grants access, including the data contained in such files, which enable the user to select, view, print, or order information;
Database owner: the exclusive owner, not being Stageteq, of the relevant Database(s) and/or the data contained in the Database(s);
Software: all software which is used or necessary to enable access, to organise, select, view or adapt the information contained in the Database(s);
Order: request of the user to supply information;
Written/in writing: way of notification, either electronically through the networks which offer access to the Database(s), or by way of mail or facsimile.

2. Term
1. A Subscription is formed by the written acceptance by Stageteq of an order form. Together with the acceptance, the user shall receive an access code.
2. The Subscription enters into force on the date as indicated in the written confirmation of Stageteq and is valid for an unlimited period of time. The parties may each terminate the agreement in writing taking effect as from the end of the Subscription term, observing a notice period of two months.
3. Stageteq may terminate the Subscription with immediate effect in writing and close off the access to the Database(s) if the user is in default of any of its obligations, has filed for bankruptcy, has been declared bankrupt, has requested suspension of payments, or if the user's business is wholly or partially dissolved or discontinued.
4. Stageteq has the right to terminate a Subscription with immediate effect and to close off the access to the Databases, if the Database-owner should not grant permission for use, should withdraw its permission, or should no longer offer access to the Database(s).

3. Equipment
1. The user is responsible on its own account and for its own risk for the equipment, software and other (such as data communication) facilities which are required for use of the Database(s).
2. Use of the Database(s) is only permitted on the times and hours as indicated by Stageteq. Stageteq may close off the access to the Database(s) temporarily and without pre-notification for purposes of maintenance or repair. Stageteq strives to inform the user timely of any changes in the indicated times of use.

4. Licence
1. Stageteq grants the user as defined in sub clause 1 above the non-exclusive right to normal use of and access to the Database(s).

5. Supply of information through SDI or order system
1. Any supplies of information shall be made against the then current prices.
2. Supplies of information shall be made only if so ordered by the user. The correctness and scope of the order shall be based on the instructions as given to Stageteq by the user.
3. Any costs incurred as a consequence of the use of public telecommunication infrastructure in on line use of the Database(s) shall be borne by the user.
4. Each consultation of the Database(s) by the user may incur additional costs of use, which shall be calculated on the basis of the time of consultation or per performance unit, unless otherwise agreed.
5. The supply of information is at the expense and risk of the user. Stageteq does not accept any liability for damage suffered by the user as a consequence of data transmission or any other way of information transport.

6. Liability
1. The damage for which Stageteq has excluded its liability in clauses I.5.1 and I.5.2 includes any damage, of any nature, which is caused by interruptions in the availability of the Database(s) by malfunctioning or unavailability of the equipment, software and/or facilities as referred to in clause 3 above.
2. The damage for which Stageteq has excluded its liability in clauses. I.5.1 and I.5.2 includes any damage which is caused by any interruptions in the availability of the Database, the refusal or withdrawal of permission for use by the Database owner or a decision of the Database owner to no longer make the Database(s) available.
3. Stageteq strives, but cannot guarantee, that the publications as made available on the date of publication in the Database(s) and the publications and data selected by means of the selection software shall offer a complete answer to the search request.

7. Liability of the user
1. The personal access code is strictly personal. The user shall not make this code known to any third parties or have this code used by any third parties.
2. If a third party should use the personal access code of the user, the user shall be liable for the performance of its obligations under the Subscription, in particular including its financial obligations, irrespective of whether the use of the access code can be attributed to the user.
3. The user is not granted any other rights than as explicitly agreed. The user shall not make unauthorised use of any other Stageteq Database(s) or make attempts for such unauthorised use.
4. After termination of a Subscription, the user shall no longer be entitled to the agreed use. The user shall not make any unauthorised use of the Stageteq Database(s) or make an attempt thereto after termination of the Subscription.

8. Copyright/database rights
1. All intellectual property rights with respect to the Database(s), printouts, software, structure of the Database(s) etc., including copy rights, trade marks and any database rights pursuant to EC Directive 96/9/EC with respect to the protection of databases, are vested in Stageteq or any of its licensors. Unless explicitly and unambiguously allowed by Stageteq or the law, nothing contained in the Database(s) may be published or copied in any way, including storage in an electronic data file, unless in so far as necessary for the normal use referred to in clause 4.1 above. The user may not grant access to the Database(s) in any way to any third party, through a network or by any other means or allow a third party to store any information contained in the Database(s) in any way by electronic means.
2. Stageteq grants the user permission to make one print output of the supplied information per consultation, which print output may only be used for personal study, exercise or other private use.
3. Without prejudice to the liability of the user towards Stageteq for any damage caused by a violation of its obligations, the user shall impose the same conditions as mentioned in this clause 5 to any person or party to which it grants access to the information carrier or the information contained therein in whichever way and whether or not on a temporary basis, to accept the terms in this clause and to impose these on any third parties by way of an automatic transfer provision ("kettingbeding").

9. Software
1. In respect of any software used to access or organise the Database(s), the terms of chapter I and this chapter II.C shall apply by analogy.

10. Miscellaneous
1. The beneficiary shall not request another trial subscription within six months after termination of a trial subscription.