1. DEALCONTROL B.V., established at Eindhoven, the Netherlands (“DEALCONTROL”) is a limited liability company.
2. All assignments of client (“Client”) will be deemed to be granted only to DEALCONTROL, even if it is implicitly or silently meant that the assignment will be implemented by a certain person within DEALCONTROL. The articles 7:404 en 7:407 paragraph 2 Dutch Civil Code in connection therewith are explicitly excluded.
3. DEALCONTROL undertakes not to dislose information provided by the Client in connection with the assignment to the extent this information has a confidential character. DEALCONTROL has the right to disclose information to third parties involved with the assignment, subject to an appropriate confidentiality undertaking.
4. Any liability of DEALCONTROL is limited to an amount of € 5,000.00 or, if the fee charged is higher, an amount equal to the fee with a maximum of € 10,000.00. Any liability for indirect and consequential damages and losses is explicitly excluded.
5. Client indemnifies and holds harmless DEALCONTROL regarding claims of third parties in connection with the assignment.
6. If third parties hired by DEALCONTROL in connection with the execution of an assignment of Client contractually limit their liability, the authorisation is deemed to be granted by the Client to DEALCONTROL to accept such limitation of liability on behalf of Client.
7. In the event the execution of an assignment of Client means that a third party will be involved to implement certain work, DEALCONTROL will not be liable for errors that could be made by such third party.
8. Dutch law applies to the relationship between DEALCONTROL and Client. The Dutch court in Eindhoven will have exclusive jurisdiction over any dispute between a Client and DEALCONTROL.
9. Not only DEALCONTROL, but also all third parties involved in carrying out instructions of the Client by DEALCONTROL have the right to apply these terms & conditions.The same applies to former employees of DEALCONTROL, including their heirs, if they are held liable after they have left DEALCONTROL.
10. All claims and other rights for any reason whatsoever against DEALCONTROL related to assignments to DEALCONTROL shall lapse in any case within one year.
11. Client undertakes to pay invoices of DEALCONTROL within fourteen days after the invoice date to the bank account indicated in the invoice, failing which Client is legally in default and obliged to pay a default interest of 1% per month. Work done by DEALCONTROL may at any time in-between be invoiced. DEALCONTROL has the right to ask an advance payment. The invoiced amounts are net.