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terms & conditions

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DISCLAIMER

© Copyright tangible result, 2016. All rights reserved 

Tangible result web site pages might contain other proprietary notices and copyright information that should be observed

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without tangible result’s prior written consent, except that tangible result grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. 

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, tangible result does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.

Certain disclaimers

Information on this web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Tangible result assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Tangible result* provides no assurances that any reported problems will be resolved by tangible result*, even if tangible result* elects to provide information with the goal of addressing a problem.

Confidential information 

Tangible result does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to tangible result will be deemed NOT to be confidential. By sending tangible result any information or material, you grant tangible result an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that tangible result is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, tangible result will not release your name or otherwise publicize the fact that you submitted materials or other information to tangible result unless:

Please see the tab entitled “Privacy” for information regarding tangible result’s privacy policies.

Global availability

Information tangible result publishes on the World Wide Web may contain references or cross references to tangible result products, programs and services that are not announced or available in your country. Such references do not imply that tangible result intends to announce or make available such products, programs, or services in your country. Please contact us for information regarding the products, programs, and services that may be available to you.

Business relationships

This web site may provide links or references to non-tangible result web sites and resources. Tangible result makes no representations, warranties, or other commitments whatsoever about any non-tangible result web sites or third-party resources that may be referenced, accessible from, or linked to any tangible result site. A link to a non-tangible result web site does not mean that tangible result endorses the content or use of such web site or its owner. In addition, tangible result is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a tangible result site. Accordingly, you acknowledge and agree that tangible result is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-tangible result web site, even one that may contain the tangible result-logo, please understand that it is independent from tangible result, and that tangible result does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this web site must be approved in writing by tangible result, except that tangible result consents to links in which the link and the pages that are activated by the link do not:

As a further condition to being permitted to link to this site, you agree that tangible result may at any time, in its sole discretion, terminate permission to link to this web site. In such event, you agree to immediately remove all links to this web site and to cease using any tangible result trademark.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and tangible result makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMER OF WARRANTYUSE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TANGIBLE RESULT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TANGIBLE RESULT MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITYIN NO EVENT WILL TANGIBLE RESULT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TANGIBLE RESULT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific information or services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

 

TERMS & CONDITIONS

General terms and conditions – tangible result

Article 1

DEFINITIONS

TANGIBLE RESULT: tangible result located in Amsterdam, with offices at 1054 KA Amsterdam, Kattenlaan 6 A.

SERVICES: all activities undertaken by tangible result under the instruction of the principal, or on behalf of the principal or a third party assigned by the principal.

PRINCIPAL: tangible result’s contracting party.

CONTRACT: the contract concluded between tangible result and the principal concerning the provision of services, as determined by a document upon which both parties have agreed, and any documents declared applicable in said document.

PARTIES: tangible result and principal.

Article 2

APPLICABILITY

These general terms and conditions apply to all offers and contracts pertaining to the provision of services to a principal by tangible result. Deviations from these general terms and conditions are not valid until they are confirmed in writing by tangible result. If a deviation from one or more provisions of these general terms and conditions is in fact applicable, the other provisions will remain applicable in full. These general terms and conditions also apply vis-à-vis third parties that have been contracted by tangible result for the purpose of executing the contract.

Article 3

CONCLUSION OF CONTRACTS

Quotations offered by tangible result will remain valid for the duration of the acceptance period cited therein. A contract is concluded only after both parties have signed a contract or order confirmation.

Article 4 

RIGHTS AND OBLIGATIONS TANGIBLE RESULT

4.1. Tangible result will perform its activities in conformity with the Dutch legal standards of professionalism. Tangible result will use its resources to their fullest extent in order to comply with the terms agreed upon in the contract.

4.2. Should tangible result deem it necessary or desirable to do so, it is entitled to use third parties in order to fulfill its contractual obligations. Outsourcing will only occur under the auspices of tangible result*’s norms of quality assurance.

Article 5 

LEGISLATIVE CHANGES

In case of legislative changes and/or other government mandated regulatory changes and/or changes in interpretation of law and regulations result in additional or alternative agreements and/or obligations on the part of tangible result, the contract will be altered (retroactively) accordingly by both parties acting in congress. tangible result and the principal will give each other immediate notice of the aforementioned changes and the subsequent necessary alterations in the contract and any connected financial agreements.

Article 6 

OBLIGATIONS PRINCIPAL

6.1. The principal will ensure that all the data necessary for the execution of the agreed upon services is provided to tangible result in the agreed upon fashion and he will follow any reasonable instruction it receives from tangible result.

6.2. In the event that this data is not provided in a timely fashion, or in the event that instructions have not been followed or the necessary cooperation of (employees of) the principal is not extended, the parties will confer. If this has shown to be unfruitful, tangible result reserves the right to suspend the execution of the agreement and/or charge the extra costs resulting from the delay in accordance with the usual rates.

Article 7 

DEADLINES

7.1. Unless explicitly determined otherwise by the contract, all (delivery) dates quoted by tangible result are best estimates based on the information at tangible result’s disposal at the time the contract was concluded or, as the case may be, the quotation was drawn up.

7.2. In the event of a breach of contract attributable to tangible result, tangible result will not be in default unless the principal has sent a written notice of default, including a reasonable period of time in which to remedy the failure.

7.3. Tangible result is not bound by (delivery) dates by circumstances outside of its sphere of influence (which includes governmental response times) and that have presented themselves after the conclusion of the contract.

7.4. Any impending breach of a deadline will prompt tangible result and the principal to confer on the shortest notice possible.

Article 8

RATES AND PAYMENT

8.1. The principal owes tangible result payment for the services he has received. Payment can consist of onetime sums to be paid in full or amounts that are due on an annual or otherwise periodical basis.

8.2. Tangible result is entitled to demand advance payment of amounts due.

8.3 All payments owed to tangible result by the principal will be raised by the appropriate statutory taxes and levies.

8.4. Invoicing and payment of all amounts based on this contract will occur in EURO.

8.5. The payment periods agreed upon in the contract apply.

8.6. The principal will pay all invoices in full before the agreed upon deadlines.

8.7. The principal’s failure to pay on time will result in his being in default, without further notice of default.

8.8. Starting from the date on which the principal is in default, tangible result is entitled to charge legal interest and the reasonable costs of obtaining satisfaction through extrajudicial means.

8.9.In the event that the principal fails to fulfill his obligation to pay before the agreed upon deadline, the principal, without any further notice of default, will owe legal interest over the amount due. The amount due will then consist of the amount that is yet to be paid between the due date of the invoice and the moment that the interest invoice is sent. If the principal persists in failing to fulfill his obligation of payment after a notice of default has been sent, the action can be entrusted to a third party, in which case the principal will also be charged, in addition to the amount due, for the full reimbursement of extrajudicial and judicial costs, including those that have been calculated by external experts aside from the judicially determined costs, pertaining to the collection of this action or to the administration of justice in another manner, which will be set at a minimum of 15% of the total amount.

8.10. In the event that circumstances attributable to the principal prevent tangible result from performing its activities, the principal will be obligated to fulfill his duty to pay tangible result the agreed upon fee and the consequent costs.

8.11. In the event that the principal disputes any element of an invoice, he will still be obligated to pay the undisputed elements. In case and to the extent in which the disputed elements appear to be due after all, the original invoice date will apply.

Article 9 

LIABILITY

9.1. Tangible result accepts obligations to pay for damages, to the extent that this Article stipulates.

9.2. The total liability of tangible result for attributable breaches of contract is limited to compensation for direct damages, to a maximum of the fee(s) cited in the invoice for the particular contract. (excl. VAT)

9.3.Tangible result can never be held liable for indirect damages, which includes consequential damages, loss of income or profit, missed savings and damage caused by business stagnation.

9.4. Any claim by the principal against tangible result is void if the principal has not provided tangible result with a written motivated notice of this liability within twelve calendar months after he noticed or could have noticed the facts on which the liability is based. Tangible result does not incur liability before the principal has provided tangible result with a notice of default including a reasonable period of time in which to remedy the failure, and tangible result has failed to repair the breach within this period of time.

Article 10 

NON-ATTRIBUTABLE BREACH OF CONTRACT

10.1. In the event of force majeure, the obligations to which the force majeure pertains will be suspended for the duration of the force majeure. Force majeure will be interpreted to mean any circumstance that exists independently from the will of tangible result, that indefinitely or temporarily hinders the execution of the contract, and that cannot be reasonably attributed to tangible result.

10.2. In the event that force majeure has persisted for three months, or as soon as it is determined that it will persist for more than three months, each of the parties is entitled to end the contract without notice. In the occurrence of such a situation, the principal is obligated to pay a part of the agreed upon amount as is proportionally appropriate given the status of the performed activities.

Article 11

INTELLECTUAL PROPERTY

11.1. Insofar as any intellectual property rights exist vis-à-vis any handbook, any manual, any protocol, any methodology or any other document drafted by tangible result, they will remain with tangible result.

11.2. In the event that, during the contract’s duration, parties either apply any changes to any handbook, any manual, any protocol or any other document drafted by tangible result, or draft a new manual, a new handbook, a new protocol or any other new document, the intellectual property rights vis-à-vis those documents will also remain with tangible result.

11.3. To the extent necessary, the principal will cooperate with the transfer of any intellectual property rights vis-à-vis materials drafted in the context of the contract, without stipulating any form of payment.

Article 12 

PRIVACY, CONFIDENTIALITY AND SECRECY

12.1. Parties are obligated to provide each other with reasonable mutual assistance in order to enable the other party to fulfill its obligations stemming from the applicable privacy laws.

12.2. Parties will treat all information, knowhow, (patient) data or specifications pertaining to the execution of this contract and/or the other party’s business with confidentiality and refrain from providing third parties with the aforementioned information, unless the party with which the information originated has given its written authorization. The same applies to the content of the contract.

12.3. This obligation of secrecy does not apply to information that has become publicly known and the publication of which does not constitute a violation of a confidentiality agreement, or in the event that information was already known to the receiver at the time of reception, or if information was provided by a third party not acting in breach of a confidentiality agreement.

12.4. Furthermore, the obligation of secrecy does not apply insofar as publication is demanded by law, a binding judicial or governmental ruling or a professional duty. The publishing party will, to the extent possible, confer with the other party prior to publication, concerning the method and content of the publication. In the event that tangible result is obligated by law or judicial ruling to provide confidential information to a third party that has been appointed by law or a competent judge and tangible result is unable to invoke a legal entitlement of refusal or an entitlement of refusal recognized by a competent judge, tangible result is not liable for any damages and the principal is not entitled to dissolution of the contract based on any damages it may have incurred as a result.

12.5. Parties will submit their employees and all other third parties who will work for them to the obligation of secrecy.

12.6. The obligation of secrecy as referred to in this Article will apply for five years after the contract has ended or has been dissolved, unless an agreement to the contrary has been reached.

Article 13

NON-TAKEOVER OF PERSONNEL

The principal is prohibited from directly or indirectly contacting, hiring or negotiating with employees of tangible result or third parties that are involved or have been involved in the performance of activities, without consulting the other party, for the duration of the contract and for 1 year after the contract has ended.

Article 14

DURATION AND TERMINATION OF CONTRACT

14.1. Contracts are entered into for a period of time determined in the contract and are in any case considered to be terminated as soon as tangible result has completed its services. If a contract has been entered into for an undetermined period of time, both parties will be entitled to cancel the contract at the end of each contract year by way of a registered letter, observing a six month cancellation period, unless a written agreement stipulates otherwise.

14.2. A contract can be dissolved by either party by way of a registered letter, without judicial action and with immediate effect if: a. The other party, either voluntarily or forcibly, files for judicial administration or bankruptcy, finds itself bankrupt or in a reasonably comparable situation, including situations in which it loses authority over a substantial part of its assets or ceases its business activities;

1. the other party attributably breaches any obligation stemming from the contract and fails to fulfill that obligation within a reasonable period of time;

2. the other party’s reputation is discredited to the extent that the other cannot be demanded to continue the relationship.

Article 15

FINAL PROVISIONS

15.1. In the absence of tangible result’s express written consent, the principal is not allowed to transfer rights and duties resulting from the contract to third parties. Tangible result will not withhold its consent on unreasonable grounds.

15.2. These general terms and conditions and the contents of the contract replace all previous agreements between parties. Deviation from the contents of the contract can only occur in writing.

15.3. In the event that any provision of these general terms and conditions or a contract is null and void or nullified, the remaining provisions of these general terms and conditions or, as the case may be, a contract, will remain applicable in full and tangible result will replace the null and void or nullified provisions with new provisions, which will observe as much as possible the goal and meaning of the null and void or nullified provision.

15.4. These general terms and conditions have been deposited with the Amsterdam Chamber of Commerce and the most recently deposited version will apply or, as the case may be, the version that applied at the time of the conclusion of the contract.

Article 16

GOVERNING LAW AND COMPETENT JUDGE

16.1. All legal relationships between tangible result and the principal are governed exclusively by Dutch law.

16.2. Disputes that may arise in connection to contracts, including disputes about their existence and validity, will be presented in first instance solely to the competent judge in Amsterdam. However, such steps will not be taken before the parties have attempted to come to an amicable agreement.

Copyright tangible result, June 2016

PRIVACY STATEMENT

Tangible result privacy policy guarantee

Tangible result values your privacy! Tangible result will never give, lease, sell or otherwise disclose your personal information. Period! Any information you give to tangible result at this site will be handled with the utmost care, and will not be used in ways to which you have not consented. A more detailed explanation about how tangible result safeguards your personal information is described below. If you have any questions at all about this privacy policy, please email: info@tangible result.com

Resale or disclosure of information to third parties

Tangible result does not sell, rent, loan, trade, or lease any personal information collected at this site, including contact forms, download requests or email lists.

Browser information collected on the web site

Tangible result analyzes the web site logs to improve the value of the materials available on the web site.

Privacy of the email lists

Individuals must affirmatively ask to join the mailing lists using the forms provided on this web site or other means expressly sanctioned by tangible result. Tangible result does not sell, rent, loan, trade, or lease the addresses on its list to anyone. In addition, tangible result configures the list server software to refuse to divulge the email addresses of the list subscribers to anyone but authorized tangible result staff, including other list subscribers.

Unsubscribe Policy

tangible result strives to only send e-mail to those who want to receive it. If you would not like to receive future e-mails from tangible result, reply to any email with UNSUBSCRIBE as the subject.