Terms and Conditions

These Terms and Conditions are made by Dommerholt Lawyers in Zwolle.
These Terms and Conditions (version 05/05/2009) are filed under the number 05075302

Article 1 – Definitions
In these conditions, the following terms mean:

a. Record: the agreement between the Supplier and Client on basis of which Supplier and Client dispose ad space on the Website;

b. Supplier: USAinBusiness.com, located in Zwolle, registered at the KvK in Zwolle under the number 05075302;

c. Client: the opposite party of the Supplier, the company that takes a listing on USAinBusiness.com;

d. Agreement(s): the agreement between Supplier and Client, consisting of providing the Client free ad space on the Website by the Supplier (the ‘Records’), against which the Client agrees that his (personal) information will be processed and used according to article 8;

e. Website: http://www.USAinBusiness.com

Article 2 – Relevance
2.1 The provisions in these Terms and Conditions apply to the Agreements between Supplier and Client, unless agreed otherwise, proven explicitly by letter.

2.2 Any marketing or other (general) conditions from Client do not apply, unless approved extramural by Supplier.

2.3 Supplier is entitled to change these Terms and Conditions unilateral. Changes also count with respect to recently closed Agreements. Changes are also announced by letter and will make effect 30 days after the announcement, or at another time, stated in the announcement itself. Within this period of time, the Client can dissolve the Agreement if he doesn’t agree on reasonable grounds.

Article 3 – Development
3.1 Supplier offers its services non-committal through an electronic form on the Website. The record will be developed by filling and electronically sending this form by the Client to the Supplier.

3.2 Supplier is entitled to turn down a Client without showing any reasons.

Article 4 – Rights and Obligations of Client
4.1 Client is at all times required to provide Supplier with the correct name, address, residence and other information. Client is held to negotiate in accordance with the applied law and regulations. Besides that, Client is held to behave in accordance with what is expected from a responsible and studious user of the Website.

4.2 Client obtains access to the Website (only the Advertising section) using a username and a modifiable password.

4.3 A Record is bound to one person, company or enterprise, and can not be transferred. The Client is not allowed to grant access to others to the Advertising section.

4.4 Client takes care of the studious secrecy of his username and password. Every use of the record will be attributed to the Client.

4.5 Client idemnifies Supplier for all claims of others towards compensation of damage that has been suffered because of negotiating or overlooking against the provisions in these Terms and Conditions.

Article 5 – Duration, termination and dissolution
5.1 Supplier has the right to terminate the Agreement immediately if:

a. Client fails to live up to the obligations towards Supplier;

b. Client no longer or partially grants access for the processing of his personal details as referred to in article 8;

c. Client fully or partially ceases his business or otherwise liquidates and/or changes his company activities or transfers to others.
       
Article 6 – Free record
6.1 Supplier has the right at any time to ask the Client for a compensation for the free record provided by the Supplier himself, yet not earlier than after the Supplier notified the Client of the intention and after the Client has agreed with it. Rights by Client can not be derived to a free record provided by Supplier. Supplier is entitled to terminate the free provided record at any given moment without owing any compensation to the Client.

6.2 Every invoke on compensation by the Client is ruled out, unless the invoke on compensation concerns a claim against the Supplier, which has been recognized extramural by the Supplier.

Article 7 – Warranty and Website Changes
7.1 The Supplier strives to make the Website available and attainable as much as possible. Supplier aims for a Website availability of 98%. Unavailability of the Website, caused by maintenance on hard- and/or software by the Supplier and/or others involved by the Supplier, but also caused by events outside the sphere of influence of the Supplier, will be disregarded.

7.2 Supplier is at all times entitled to change the domain name and/or the Website and every underlying application(s).

Article 8 – Personal Data
8.1 The personal data of the Client will be saved and managed, respecting the applicable privacy legislation.

8.2 Supplier will use the personal data for the perpose of its services, for the analysis and improvement of her services, for (direct) marketing and for person-centered approximation.

8.3 The personal data of the Client can be transferred to others for direct marketing purposes, unless the Client explicitly insinuates extramural not to authorize permission anymore.

8.4 The client hereby gives the Supplier permission explicitly for the processing of personal data, as stated before.

Article 9 – Liability
9.1 The Supplier does not guarantee the accuracy of the information provided on and/or by the Website. Supplier excludes all liability in respect thereof.

9.2 The Supplier is not liable for any damage resulted from the development of the execution of the record, unless otherwise stated in this article.

9.3 Any further responsibility for direct and/or indirect damage will be excluded.

9.4 Client is in all cases (lawfully) obligated to limit the damage and enable the Supplier to undo the damage.

9.5 If the Supplier causes any damage, of which he is not responsible by virtue of the agreement with the Client, the Client will fully safeguard him and the Supplier will compensate everything that has to be paid.

Article 10 – Intellectual Property
Supplier is the rightful claimant of all intellectual property rights, but not limited to the copyright, the database right and the trade law regarding the Website. Nothing in these Terms and Conditions keeps a transfer of these rights to the Client.

Article 11 – Disputes
11.1 On all disputes between the Supplier and Client, only the Dutch right is applicable.

11.2 The court in Zwolle-Lelystad, located in Zwolle, Netherlands, is exclusively qualified to take note of all disputes arising from offers by the Supplier and the record, however named and in the broadest sense.

Article 12 – Final Provisions
12.1 If, in these Terms and Conditions, or any related agreement, a determination seems to be void or voidable, it doesn’t affect the validity of other determinations in these Terms and Conditions. In that case, the Supplier and Client will agree with a replacing legal determination, which measures up to most of the original determination.

12.2 In all cases where the Agreement will end, these Terms and Conditions will keep command of the relations between the parties if needed for the settlement.

Under reservation of typos and changes. The most recent version of the Terms and Conditions is always requestable by sending an email to [email protected]