Who we are
Our website address is: https://pcwsound.com.
Article 1 definitions
1.1 In these general terms and conditions, the following terms shall be used, unless expressly stated otherwise.
P.C.W. Velthuijzen Sound: The user of the terms and conditions. Relationship: The counterpart of P.C.W. Velthuijzen Sound.
Agreement: The Agreement on services.
Article 2 General
2.1 These Terms and conditions apply to any offer, service, agreement and legal relationship between P.C.W. Velthuijzen Sound and a natural or legal person, hereinafter referred to as the relationship.
2.2 Deviation from these terms and conditions only have a letter signed by a competent representative of P.C.W. Velthuijzen Sound.
2.3 The general or specific terms and conditions of the relationship are not accepted by P.C.W. Velthuijzen Sound.
2.4 representative of a legal person shall, at the request of P.C.W. Velthuijzen Sound, demonstrate his or her tekeningsbevoegdheid.
2.5 P.C.W. Velthuijzen Sound is entitled to change its general terms and conditions and rates in the interim.
2.6 The terms and conditions shall be gei to the letter of the laẅnterpreteerd. If one or more of the points in this agreement are not or in part valid for the law, the applicable conditions of the code shall be deemed to apply and the other provisions of the general terms and conditions or agreement shall remain Unaffected.
Article 3 offers and quotations
3.1 All offers are without engagement, unless the offer is called a time limit for acceptance.
3.2 The quotations made by P.C.W. Velthuijzen Sound are without obligation; They are valid for 30 days, unless otherwise indicated. P.C.W. Velthuijzen Sound is only bound to the tenders if the acceptance of this is confirmed by the other party in writing within 30 days, unless otherwise indicated.
3.3 The prices in the offers and tenders mentioned above are exclusive of VAT and other government levies, as well as any costs incurred under the agreement, including shipping and handling costs, unless otherwise indicated.
3.4 If the acceptance (on subordinate points) deviates from the offer included in the quotation, P.C.W. Velthuijzen Sound is not bound by it. The Agreement shall not be established in accordance with this deviating acceptance, unless P.C.W. Velthuijzen Sound indicates otherwise.
3.5 A composite quotation requires P.C.W. Velthuijzen Sound not to carry out part of the contract against a corresponding part of the quoted price.
3.6 offers or quotations do not apply automatically for future assignments.
Article 4 implementation of the agreement
4.1 P.C.W. Velthuijzen Sound will perform the agreement to best understanding and ability and in accordance with the requirements of good craftsmanship. On the basis of the current state of science.
4.2 If and in so far as the proper execution of the agreement so requires, P.C.W. Velthuijzen Sound has the right to have certain activities performed by third parties.
4.3 The relationship shall ensure that all data, of which P.C.W. Velthuijzen Sound indicates that they are necessary or whose relationship is reasonably understood to be necessary for the performance of the agreement, is timely to P.C.W. Velthuijzen Sound are provided. If the data required for the performance of the Agreement have not been provided to P.C.W. Velthuijzen Sound in good time, P.C.W. Velthuijzen Sound shall have the right to suspend the performance of the agreement and/or to delay the additional Cost according to the usual rates to charge the relationship.
4.4 P.C.W. Velthuijzen Sound shall not be liable for damages of any nature whatsoever, because P.C.W. Velthuijzen Sound has gone out of incorrect and/or incomplete data provided by the relationship, unless this inaccuracy or incompleteness for P.C.W. Velthuijzen Sound to be known.
4.5 If it has been agreed that the agreement will be carried out in phases, P.C.W. Velthuijzen Sound may suspend the execution of those parts which fall to a subsequent stage until the relationship results from the preceding stage Approved in writing.
4.6 If, by P.C.W. Velthuijzen Sound or by P.C.W. Velthuijzen Sound, third parties engaged in the contract work are carried out at the location of the relationship or a location designated by the relationship, the relationship shall be free of charge for the Those employees reasonably desired facilities.
4.7 The relationship shall indemnify P.C.W. Velthuijzen Sound for any claims by third parties which suffer damage in connection with the execution of the agreement and which is attributable to relation.
Article 5 amendment of the agreement
5.1 If, during the execution of the agreement, it appears that it is necessary for a proper implementation to modify or supplement the work to be performed, Parties shall, in good time and by mutual agreement, Customize.
5.2 If the parties agree that the agreement is amended or supplemented, the time of completion of the execution can therefore be Beïnvloed. P.C.W. Velthuijzen Sound will inform the relationship as soon as possible.
5.3 If the modification or addition to the contract will have financial̈le and/or qualitative consequences, P.C.W. Velthuijzen Sound will inform the relationship in advance.
5.4 If a fixed fee has been agreed, P.C.W. Velthuijzen Sound will indicate to what extent the modification or addition of the contract entails an overrun of this fee.
5.5 Notwithstanding paragraph 3, P.C.W. Velthuijzen Sound shall not be able to charge any additional charges if the change or supplement is due to circumstances attributable to P.C.W. Velthuijzen Sound.
Article 6 contract length; Execution time
6.1 The agreement between P.C.W. Velthuijzen Sound and a relationship is entered into for an indefinite period, unless the nature of the agreement otherwise results in or the parties expressly and in writing agree otherwise.
6.2 A deadline has been agreed for the completion of certain activities within the duration of the agreement, this is never a fatal term. If the period of execution is exceeded, the relationship P.C.W. Velthuijzen Sound should therefore be insufficiently written.
Article 7 fee
7.1 Parties may agree on a fixed fee in the agreement to be concluded.
7.2 If no fixed fee is agreed, the fee will be determined on the basis of actual hours spent. The fee is calculated according to the usual hourly rates of P.C.W. Velthuijzen Sound, valid for the period in which the work is carried out, unless a deviating hourly rate has been agreed.
7.3 The fee is and any cost estimates are exclusive of VAT.
7.4 In the case of contracts with a maturity of more than three months, the costs due shall be charged periodically.
7.5 If P.C.W. Velthuijzen Sound matches the relationship with a fixed fee or hourly rate, P.C.W. Velthuijzen Sound is nevertheless entitled to increase this fee or rate.
7.6 Furthermore, P.C.W. Velthuijzen Sound is entitled to pass on price increases if, between the time of offer and delivery, the tariffs for e.g. Wages have risen.
7.7. In addition, P.C.W. Velthuijzen Sound may increase the fee where, during the execution of the work, it appears that the originally agreed or expected amount of work was not sufficiently assessed in the close Of the agreement, and this is not attributable to P.C.W. Velthuijzen Sound, which cannot reasonably be expected of P.C.W. Velthuijzen Sound to perform the agreed work against the originally agreed fee. P.C.W. Velthuijzen Sound will inform the relationship in that case of the intention to increase the fee or rate. P.C.W. Velthuijzen Sound will mention the extent of and the date on which the increase will take effect.
Article 8 Payment
8.1 Payment must be made within 14 days after the invoice date, on a manner to be given by P.C.W. Velthuijzen Sound in the currency in which it is declared. Objections to the level of the declarations do not suspend the payment obligation.
8.2 If the relationship defaults in the payment within the period of 21 days then the relationship is automatically in default. Relationship is then owed an interest of 1% per month, unless the statutory interest is higher in which case the statutory interest rate applies. The interest on the due amount will be calculated from the moment that the relationship is in default until the moment of payment of the full amount.
8.3 In case of liquidation, bankruptcy, seizure or moratorium of payment of the relationship, the claims of P.C.W. Velthuijzen Sound on the relationship are immediately payable.
8.4 P.C.W. Velthuijzen Sound has the right to have the payments made by relationship primarily deducting the costs, then deducting the open interest rates and finally deducting the principal and the current interest.
P.C.W. Velthuijzen Sound, without thereby failing to arrive, may refuse an offer to pay if the relationship designates a different order for the charge.
P.C.W. Velthuijzen Sound may refuse full repayment of the principal, if not also the open cases and current interest and the costs are met.
8.5 P.C.W. Velthuijzen Sound has the possibility to charge a interest charged surcharge of 2%. This fee is not payable on payment within 7 days of the invoice date.
Article 9 Retention of title
9.1 All goods delivered by P.C.W. Velthuijzen Sound, including any designs, sketches, drawings, films, software, (electronic) files, etc., remain the property of P.C.W. Velthuijzen Sound until the relationship has all the following Obligations of all agreements concluded with P.C.W. Velthuijzen Sound.
9.2 The relationship does not have the power to pledge the goods covered by the reservation of title or to object in any other way.
9.3 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the relationship is obliged to inform P.C.W. Velthuijzen Sound as soon as reasonably expected.
9.4 The relationship undertakes to ensure the goods delivered under reservation of ownership and to keep insured against fire, explosion and water damage as well as against theft and to give the policy of this insurance on first request for inspection.
9.5 by P.C.W. Velthuijzen Sound delivered business, which under it under the 1. Of this article are subject to the retention of title, may only be resold in the ordinary course of business and never be used as a means of payment.
9.6 In the event that P.C.W. Velthuijzen Sound wishes to exercise its proprietary rights in this article, the relationship shall now give unconditional and non revocable consent to P.C.W. Velthuijzen Sound or by appointing third parties to To enter places where the property of P.C.W. Velthuijzen Sound is located and to take back those matters.
Article 10 collection costs
10.1 If the relationship Is in default or in default with the fulfilment of one or more of its obligations, then all reasonable costs for the acquisition of satisfaction shall be for the account of relationship. If the relationship is in default in the timely satisfaction of a sum, it shall forfeit a penalty of 15% payable immediately on the amount still due. This with a minimum of €50.00.
10.2 If P.C.W. Velthuijzen Sound has made higher costs, which were reasonably necessary, they shall also be eligible for reimbursement.
10.3 Any reasonable judicial and execution costs made will also be borne by the customer. 10.4 relationship is about the incurred collection fee interest payable.
Article 11 Research, complaints
11.1 Complaints about the work performed must be reported to P.C.W. Velthuijzen Sound by the relationship within 8 days of discovery, but not later than 14 days after completion of the work in question. The notice of default must contain as detailed a description as possible of the shortcoming, so that P.C.W. Velthuijzen Sound is able to respond adequately.
11.2 If a complaint is justified, P.C.W. Velthuijzen Sound will perform the work as agreed, unless this has now become demonstrably pointless for the relationship. The latter must be made known by the relationship in writing.
11.3 If the completed work is no longer possible or meaningful, P.C.W. Velthuijzen Sound will only be liable within the limits of article 15.
Article 12 termination
12.1 Both parties may terminate the agreement in writing at any time.
12.2 If the agreement is terminated in the meantime by relationship, P.C.W. Velthuijzen Sound shall have the right to compensation because of the resulting and plausible occupational loss, unless there are facts and circumstances that undertakes the termination are attributable to P.C.W. Velthuijzen Sound. In addition, the relationship is then held to pay the declarations for work carried out until then. The provisional results of the work done until that date will therefore be made available to the relationship subject to reservation.
12.3 If the agreement is terminated in the meantime by P.C.W. Velthuijzen Sound, P.C.W. Velthuijzen Sound will, in consultation with the relationship, ensure transfer of work still to be performed to third parties, unless there are facts and circumstances to the Termination are the underlying relationship.
12.4 If the transfer of the work for P.C.W. Velthuijzen Sound entails additional costs, they will be charged to the relationship.
Article 13 Suspension and dissolution
13.1 P.C.W. Velthuijzen Sound shall be entitled to suspend the performance of the obligations or to dissolve the agreement if:-the relationship does not comply or does not fully meet the obligations of the Agreement.
-After the conclusion of the agreement P.C.W. Velthuijzen Sound notified circumstances give good ground to fear that the relationship will not fulfil its obligations. In case there is good ground to fear that the relationship will only partially or not properly meet, the suspension is only permitted as far as the shortcoming justifies it.
-Relationship at the conclusion of the Agreement is requested to provide security for the fulfilment of its obligations under the Agreement and this security remains or is insufficient.
13.2 Furthermore, P.C.W. Velthuijzen Sound is empowered to terminate the agreement if circumstances arise which are such that fulfilment of the agreement can no longer be impossible or by yardsticks of reasonableness and fairness or If otherwise circumstances arise which are of such nature that unaltered conservation of the agreement should not reasonably be expected.
13.3 If the agreement is dissolved, the claims of P.C.W. Velthuijzen Sound on the relationship are immediately payable. If P.C.W. Velthuijzen Sound suspends the fulfilment of the obligations, he shall retain his claims from the law and agreement.
13.4 P.C.W. Velthuijzen Sound always reserves the right to claim compensation.
Article 14 Return of goods made available
14.1 If P.C.W. Velthuijzen Sound in relation to the execution of the agreement has made matters available, the relationship is kept within 14 days in original condition, free of defects and to return completely. If the relationship does not meet this obligation, all resulting costs shall be borne in mind.
14.2 If, for any reason whatsoever, the relationship is still in default, after the issuing of the reminder, under 1. The said obligation, P.C.W. Velthuijzen Sound has the right to recover the resulting damage and costs, including the cost of replacement, on relation.
Article 15 Liability
15.1 If P.C.W. Velthuijzen Sound is liable, then this liability is limited to what is regulated in this provision.
15.2 If P.C.W. Velthuijzen Sound is liable for direct damage, then that liability is limited to a maximum of twice the declaration amount, at least that part of the contract to which the liability relates. Liability shall at all times be limited to the maximum amount of the benefit to be provided by the underwriter of P.C.W. Velthuijzen Sound in the event.
15.3 Notwithstanding the provisions of paragraph 2. Of this article, in the case of a contract with a longer maturity than six months, the liability is further limited to the fee portion payable over the last six months.
15.4 under direct damage is exclusively understood:
-The reasonable costs for determining the cause and extent of the damage, provided that the determination relates to damage within the meaning of these conditions;
-Any reasonable costs incurred in order to ensure that the defective performance of P.C.W. Velthuijzen Sound corresponds to the agreement, unless it cannot be attributed to P.C.W. Velthuijzen Sound;
-reasonable costs incurred to prevent or reduce damage, insofar as the relationship demonstrates that these costs have led to the limitation of direct damage as provided for in these general terms and conditions.
15.5 P.C.W. Velthuijzen Sound is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage from company stagnation.
15.6 The limitations of liability for direct damages contained in these conditions do not apply if the damage is attributable to intentional or gross negligence of P.C.W. Velthuijzen Sound or his subordinates.
Article 16 Vrijwaringen
16.1 The relationship shall P.C.W. Velthuijzen Sound for claims by third parties relating to intellectual property rights in the materials or data provided by the relationship, which are used in the performance of the agreement.
16.2 If relation to P.C.W. Velthuijzen Sound information carriers, electronic files or software, etc., it warrants that the information carriers, electronic files or software are free of viruses and defects.
Article 17 Risk Transition
17.1 The risk of loss or damage to the goods subject to the Agreement shall be in relation to the moment they are delivered to the relationship legally and/or factually and thereby in the power of relationship or of a relationship to be designate Third parties.
Article 18 Force majeure
18.1 Parties are not obliged to comply with any obligation if they are hindered to do so as a result of a circumstance which is not due to guilt, and neither by law, legal act or in the Movement prevailing views for Their account.
18.2 under force majeure, these general terms and conditions shall mean, in addition to what is understood in the law and jurisprudence, all of the outside causes, foreseeable or unforeseen, on which P.C.W. Velthuijzen Sound cannot exert any influence, However, P.C.W. Velthuijzen Sound is unable to fulfil its obligations. Work strikes in the company of P.C.W. Velthuijzen Sound are included.
18.3 P.C.W. Velthuijzen Sound also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after P.C.W. Velthuijzen Sound has had to fulfil its obligations.
18.4 Parties may suspend obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, each of the Parties shall be entitled to dissolve the Agreement without any obligation to compensate for damages to the other party.
18.5 as far as P.C.W. Velthuijzen Sound at the time of the entry into force majeure has already been partially fulfilled, its obligations under the Agreement have been complied with or will be able to comply with, and the part to be complied with, respectively, Independent Value, P.C.W. Velthuijzen Sound shall be entitled to declare separately the part to be complied with, respectively. Relationship is held to comply with this declaration as if it were a separate agreement.
Article 19 secrecy
19.1 Both parties are obliged to maintain the confidentiality of any confidential information they have obtained from each other or from other sources under their agreement. Information shall be deemed confidential if it has been communicated by the other party or if this results from the nature of the information.
19.2 If, on the basis of a legal provision or a court ruling, P.C.W. Velthuijzen Sound is obliged to provide confidential information to third parties designated by the law or the competent court, and P.C.W. Velthuijzen Sound shall be Cannot invoke a right of change recognised or permitted by the competent court, P.C.W. Velthuijzen Sound shall not be liable for damages or indemnification and the other Party shall not be entitled to dissolve the Agreement on the basis of any damage resulting from this.
Article 20 intellectual property and copyright
20.1 Notwithstanding the provisions of this general terms and conditions, P.C.W. Velthuijzen Sound reserves the rights and powers which P.C.W. Velthuijzen Sound pursuant to the Copyright Act.
20.2 All documents provided by P.C.W. Velthuijzen Sound, such as reports, opinions, agreements, designs, sketches, drawings, software, etc., are intended solely for use by the relationship and may not be used by him without prior Permission of P.C.W. Velthuijzen Sound shall be reproduced, made public, or communicated to third parties, unless the nature of the documents provided otherwise results.
20.3 P.C.W. Velthuijzen Sound reserves the right to use the knowledge gained by the execution of the work for other purposes, provided that no confidential information is communicated to third parties.
Article 21 Samples and models
21.1 A sample or model is shown or provided to the relationship, it is presumed to have been provided only as an indication, unless it is expressly agreed that the product to be delivered will correspond to it.
21.2 in the case of a contract in respect of a property, indication of the area or other dimensions and indications is also presumed to be intended only as an indication, without the need to answer the product to be supplied.
Article 22 restrictions and illegal use
22.1 P.C.W. Velthuijzen Sound reserves the right to temporarily or permanently block servers/applications that have been made available by P.C.W. Velthuijzen Sound if P.C.W. Velthuijzen Sound decides that the server/application is not correct or has been used illegally. The P.C.W. Velthuijzen Sound also attaches great importance to the so-called “acceptable Use policies”, prepared for Usenet and the Internet in general.
22.2 P.C.W. Velthuijzen Sound expressly prohibits the following:
-Illegal material-This also includes copyrighted work, commercial audio, video, or music files, and any material in violation of Dutch law.
-Warez, etc.-This also includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and the encryption of the above. The notion of “warez etc.” is entirely the discretion of P.C.W. Velthuijzen Sound.
-Sending unsolicited email and/OR SPAM to large amounts of Internet users via the servers/applications of P.C.W. Velthuijzen sound, this for the assessment of P.C.W. Velthuijzen sound.
22.3 P.C.W. Velthuijzen Sound has the right to check the content placed by the relationship on the system to what paragraph 1 prohibits if it reasonably gives rise to this.
22.4 relationship does not deliberately damage the systems and applications made available by P.C.W. Velthuijzen Sound and does not initiate any processes that it can reasonably suspect will hinder other Internet users. It is not allowed to run processes if there is no direct connection to the system.
22.5 relationship is liable for any damage that P.C.W. Velthuijzen Sound may suffer as a result of an act or omission to act of the relationship contrary to the verplichtigen arising from these terms and conditions.
22.6 P.C.W. Velthuijzen Sound is not liable for the security of the data stored via applications supplied by P.C.W. Velthuijzen Sound or on systems made available by P.C.W. Velthuijzen Sound..
22.7 P.C.W. Velthuijzen Sound is entitled to temporarily block and/or limit access for the relationship to the systems and/or applications made available by P.C.W. Velthuijzen Sound If the relationship is an obligation towards P.C.W. Velthuijzen Sound does not, properly or not fully, or if he/she violates the present conditions. Blocking or limiting access shall be without prejudice to the obligation to pay the relationship.
22.8 until the lifting of the blocking or restriction is carried out if the relationship has been fulfilled within a time limit specified by P.C.W. Velthuijzen Sound.
Article 23 Domain names
23.1 P.C.W. Velthuijzen Sound May, if required, request the domain name for the relationship, provided it is still available and fulfils the terms of the request for this domain name.
23.2 P.C.W. Velthuijzen Sound shall not be liable in case a domain name requested for the relationship proves to be infringed on rights of third parties.
23.3 P.C.W. Velthuijzen Sound is not liable for the non-functioning of a domain name by the lack of the relationship and on the other hand the default of the domain registration authority.
Article 24 non-acquisition staff
24.1 The relationship shall, during the term of the agreement and one year after Beëtermination thereof, in any way, except after good business consultations have taken place with P.C.W. Velthuijzen Sound, employees of P.C.W. Velthuijzen Sound or companies on which P.C.W. Velthuijzen Sound has invoked the implementation of this agreement and who have been involved in the performance of the agreement, engage or otherwise, directly or indirectly, for Let it work.
Article 25 disputes
25.1 The court in the location of P.C.W. Velthuijzen Sound shall have exclusive jurisdiction to take notice of disputes, unless the District court is competent. Nevertheless, P.C.W. Velthuijzen Sound has the right to submit the dispute to the court competent in accordance with the law.
25.2 parties will first appeal to the court after they have committed themselves to the utmost to resolve a dispute by mutual agreement.
Article 26 Applicable law
26.1 any agreement between P.C.W. Velthuijzen Sound and the relationship is governed by Dutch law.
Article 27 amendment, explanation and location of the conditions
27.1 in case of explanations of the content and scope of these general terms and conditions, the Dutch text is always decisive.
27.2 applies always the last registered version or the version as it was at the time of the establishment of the agreement.