The user of these terms and conditions is Merk-Echt B.V., also acting under the names: Merk4Ever and Roots IP, in Breda, hereinafter referred to as: ‘Merk-Echt’.
The Client is the legal entity/natural person on whose assignment Merk-Echt carries out work following an agreement concluded between parties.
If the Client and the material interested party, such as a director and major shareholder, owner, partner or director, are different parties, the material interested party will guarantee the fulfilment of all obligations of the Client.
These General Terms and Conditions form part of all agreements between Merk-Echt and the Client.
The agreement between Merk-Echt and the Client will be concluded by means of the Client providing a power of attorney, or agreeing to an oral, written or electronic offer from Merk-Echt.
Derogations from these General Terms and Conditions can only be made in writing and any derogation will only apply to one agreement.
Merk-Echt keeps its word. Merk-Echt works in accordance with the international requirements that are set out for quality policy and quality management. We have been certified by Lloyd's Register ISO 9001 since 2010.
Our trademark agents are members of the Benelux Association for Trademark and Design Law. Merk-Echt works in accordance with the rules of honour of the Benelux Association for Trademark and Design Law (see: http://www.bmm.eu/fileupload/bmm_code_of_honour_en.pdf)
Merk-Echt is a member of INTA, the International Trademark Association.
Merk-Echt will perform all agreements to the best of its abilities.
If the Client provides incorrect data to Merk-Echt the Client will be solely liable for the consequences thereof.
Merk-Echt can terminate any agreement with the Client if the Client has provided incorrect data.
Merk-Echt will only incur extra costs if the Client has provided permission for this.
The rates stated in the offers from Merk-Echt are in full for that which is offered, but do not include extra and/or additional work. If such work might still be required, this will only be charged for after prior consultation.
If Merk-Echt increases its previously offered prices, the Client will have the right to terminate the agreement. In that case the Client must pay for the work carried out until the termination.
Merk-Echt exclusively uses the client information made available to it for the execution of its provision of service.
Merk-Echt will never make client information available to third parties without prior permission.
The information provided by the Client to Merk-Echt will always be treated with confidentiality.
The client will pay the invoices no later than within the payment term stated in the invoice. If this is not stated, payment must be made within 15 days from the invoice date.
If an invoice is not paid within this payment term the Client will be in default. In that case all outstanding invoices will be immediately due and payable.
The Client will owe default interest of 1.5% per month from 15 days after the invoice date.
In the event of default on the part of the Client Merk-Echt will suspend all its work with immediate effect, also if the intellectual property rights of the Client could be harmed thereby, without Merk-Echt becoming in any manner whatsoever liable for compensation due to this.
If, after default on the part of the Client, Merk-Echt decides to have the claim collected, the accompanying costs will be at the expense of the Client. The extrajudicial collection costs will amount to at least 15% of the outstanding amount, with an absolute minimum of € 250.
Merk-Echt will never be liable for damage suffered by the Client, except for and insofar as the Client can demonstrate that there is intention or gross negligence on the part of Merk-Echt.
Merk-Echt will never be liable for indirect damage and/or consequential loss on the part of the Client, such as direct trading loss, loss due to delay, business interruption loss or lost profits.
Merk-Echt is insured for liability. Liability for damage will not be more than the amount that the insurance of Merk-Echt pays, plus the amount of the deductible which under the policy conditions is not borne by the insurer to be paid by Merk-Echt. If the insurance does not pay anything, the liability of Merk-Echt will not exceed € 3,500. Any further liability is expressly excluded.
The cancellation of service packages or subscriptions, such as for the protection of trademark, design, domain name and reputation, can be done without extra costs prior to the commencement of each new payment term.
If the Client has been granted moratorium or is declared insolvent, Merk-Echt will be entitled to terminate the agreement.
In the event of force majeure Merk-Echt can suspend the performance of the agreement or terminate the agreement (partially).
If the force majeure situation has lasted, or will last, for more than six months the Client can terminate the agreement.
In the event of force majeure Merk-Echt will never be liable for any damage whatsoever.
Disputes, of whatsoever nature, will never give the Client the right to refuse and/or suspend payments of invoice(s) owed by the Client.
Complaints can only be submitted in writing and within eight days after the execution of the assignment, or as the case may be within eight days after the Client could reasonably have discovered the failure.
The law of the Netherlands will apply to all agreements concluded between Merk-Echt and the Client. The Dutch version of these General Terms and Conditions is authoritative and decisive for the interpretation of the text.
The Zeeland & West-Brabant District Court has exclusive jurisdiction over all disputes between Merk-Echt and the Client, insofar as mandatory statutory provisions do not dictate otherwise.
Download here our General Terms and Conditions.