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Subscription Conditions
1. The term Subscriber herein shall be taken
as referring to any individual, firm, partnership, company or organization
requesting or receiving from Dynamar B.V. or its representing offices,
a report of any kind whether service is provided on an annual subscription
basis or otherwise.
2. By endorsing the subscription the Subscriber (represented by the
undersigned) subscribes to Dynamar B.V. (represented by the undersigned)
information base and consulting services for the period stated in the
Subscription Agreement.
3a. By endorsing the subscription, Subscriber is entitled to order and
receive information and services from the Dynamar organization. The
value of information and services in units, the price per unit, and
communication charges are expressed in addendum one (1) attached.
3b. Prices and value of units as meant in article 3a. are subject to
change and may be revised, but not until notice to the Subscriber has
been given thirty (30) days prior to doing so. In the event prices increase
with a rate of more than five (5) % per year, Subscriber is entitled
to cancel the Agreement in which event Dynamar B.V. shall refund the
unearned portion of any consideration paid by the Subscriber under this
Agreement. Cancellation by the Subscriber should be received by Dynamar
B.V. in writing ten (10) days before the price increase becomes effective.
4a. If for one reason or another, not all units ordered and paid are
used in the duration of the subscription period an amount of up to twenty
(20) % of the total paid units may be credited to the next subscription
period.
4b. There is no obligation on the part of Dynamar B.V. to refund any
monies to the Subscriber for unused units.
5. The Subscriber has the option to receive reports and services in
the following manner:
A. via the on-line computer system;
B. via telex;
C. via telefax;
D. per courier;
E. via airmail.
For all means of delivery except airmail, a
communication and handling fee as per attached Communication Charges
Schedule will be charged to the Subscriber.
6a. Subscriber has the option to:
1. be invoiced and pay in advance, which will result in a lower unit
price;
2. be invoiced and pay on a monthly basis according to usage.
6b. Invoices not paid within thirty (30) days from date of invoice,
will accrue a finance charge of at least twelve (12) % per annum.
6c. If the delay in payment has caused Dynamar B.V. expenses, such as
loss on exchange or devaluation, inflation, as well as expenses for
collection, court procedure or other costs, Subscriber shall bear these
costs.
6d. In the event of a Subscriber failing to pay within the stated terms,
Dynamar B.V. reserves the right not to provide the Subscriber with services
from any part of the Dynamar organization.
7. Any dispute arising in connection with the present Agreement shall
be settled finally by arbitration through an award in accordance with
the rules for the Court of International Arbitration in the Hague, The
Netherlands. The arbitral tribunal shall be composed of a sole arbitrator.
The law of the Netherlands shall govern the matter regulated by the
Agreement and the place of arbitration shall be in the Hague, the Netherlands.
The language of arbitration shall be English.
General
Conditions
Every term or item of information, whether written,
on-line or oral, supplied by Dynamar B.V. is a confidential communication
to the Subscriber for use in his own business. Such information is never
to be divulged without express permission from Dynamar B.V.. The Subscriber
agrees to indemnify Dynamar B.V., its members and servants against any
damages or loss arising from the breach of non-observance of this condition.
It is understood and agreed that Dynamar B.V.
does not and cannot guarantee the accuracy of any information supplied
and is not to be held liable by reason of any statement or report being
inaccurate, incomplete or erroneous, whether due to mistake, negligence,
carelessness or otherwise and whether on the part of any other persons
whatsoever. It is expressly understood and agreed between Dynamar B.V.
and its Subscriber that no proceedings shall be instituted against Dynamar
B.V. and its members, its agents or servants out of the contents of
any report whether verbal or written, by the Subscriber.
When information is supplied either in written
form, on-line or orally for credit purposes, the Subscriber undertakes
to obtain also information from other available sources and not to give
credit, or otherwise act, in sole reliance upon any information furnished
by Dynamar B.V.
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