These Terms and Conditions are used by Aiden, a trade name of Feli E-commerce B.V. which has its registered seat at Adelaarstraat 1 BS (3514 CA) in Utrecht and is registered with the Dutch Chamber of Commerce under registration number 66993318. Aiden offers guided selling services for e-commerce websites. The Terms and Conditions apply to all agreements Aiden enters into with Customers of its Platform.
Table of Contents
- Applicability and interpretation
- Conclusion and fulfillment of the Agreement
- Performance of the Agreement
- Trial Period
- Use and misuse
- Availability and maintenance
- Intellectual property rights
- Customer data and curation data
- Privacy and data protection
- Term and termination of the Agreement
- Force majeure
- Charges and payment
- Miscellaneous provisions
- Account: Customer’s or Business User’s personal account, provided by Aiden, through which the Services may be accessed.
- Aiden: Feli E-commerce B.V., established at Ondiep-Zuidzijde 6 in (3551 BW) Utrecht and registered with the Dutch Chamber of Commerce under registration number 66993318.
- Agreement: any agreement between Aiden and Customer under which Aiden delivers Services to Customer, and of which these Terms and Conditions form an integral part.
- Business User: the natural person who uses the Services provided by Aiden on behalf of and under the responsibility of Customer.
- Customer: any natural or legal person acting in the exercise of their profession or business that enters into an Agreement with Aiden.
- Customer Data: any data, not being Curation Data or generically available data (e.g. EAN-codes), processed through the Services by Customer or Business Users. This includes for example product catalog data (e.g. product name and description), invoices and account data of Customer.
- Curation Data: the data generated from the Customer Data through the use of the Services by Customer or Business User, including but not limited to the result of matching the Customer Data (e.g. questionnaires with the relevant product catalogs that are matched with it), which is also referred to as the enriched product information.
- Intellectual Property Rights: all intellectual property rights and related rights, including, but not limited to, copyright, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights as well as rights to know-how.
- Materials: all materials that Aiden develops or supplies under an Agreement, including software, websites, training materials, documentation, layouts, designs, advice, reports, images, texts, logos, house styles, concepts, sketches and other creations of the mind.
- Parties: Customer and Aiden, jointly (plural) or separately (singular).
- Platform: the platform to create guided selling applications for e-commerce websites.
- Quotation: a written offer by Aiden for the provision of Services.
- Services: the services provided by Aiden to Customer pursuant to the Agreement, which may in any event include the onboarding of Customer, the provision of access to the Platform accessible on the Website as well as performing related services such as maintaining the Platform and providing support to Business Users.
- Terms and Conditions: these general terms and conditions, which form an integral part of each Agreement.
- Trial Period: a period of fourteen (14) days during which Customer can use the Services free of charge and without any commitment.
- Website: Aiden’s website, accessible via the domain www.aiden.cx or associated subdomains.
2. Applicability and interpretation
- The Terms and Conditions apply to all offers, including Quotations made by Aiden, the performance of work by or in the name of Aiden and the performance of (future) Agreements.
- The applicability of any purchase conditions or other conditions of Customer is excluded.
- Deviations from and additions to the Terms and Conditions shall only be valid if they have been agreed upon in writing by the Parties.
- If any provision of the Agreement is null and void or is annulled, the other provisions of the Terms and Conditions will remain in full force and effect. Parties will replace the null and void or annulled provisions by new provisions, whereby the purpose and purport of the null and void or annulled provision will be taken into account as much as possible.
- The application of sections 227b (1) and 227c of Book 6 of the Dutch Civil Code is excluded.
- The following order of priority shall apply in the event of inconsistencies between the applicable documents:
a). additional agreements signed and in writing from a later date than the approved Quotation;
b). approved Quotation;
c). data processing agreement (if applicable); and
d). Terms and Conditions.
3. Conclusion and fulfillment of the Agreement
- The Agreement is concluded with:
a). Customer’s completion of the online registration process on the Platform and subsequent receipt of a registration confirmation and payment verification from Aiden, automated or otherwise; or
b.) Aiden’s receipt of Customer’s written acceptance of a Quotation for Services from Aiden.
- After conclusion of the Agreement, access to the Platform is granted for the duration of the Agreement.
- Any Quotation from Aiden is valid for a period of thirty (30) days. Customer may still notify Aiden of its acceptance in writing after this period. However, in such a case, contrary to Article 3.1.b, the Agreement is only concluded upon confirmation by Aiden.
- After the Agreement is concluded Aiden shall make every effort to make the Platform available to Customer as soon as possible. (Delivery) periods announced by Aiden are indicative and do not count as firm dates.
4. Performance of the Agreement
- After the Agreement has been concluded, Aiden shall make every effort to start performing the Services and onboard Customer as soon as possible, with due observance of sufficient care and expertise.
- The Services enable Customer and its Business Users to create guided selling applications for e-commerce websites.
- The Services consist of several features. These features can be offered by Aiden in different subscriptions. Depending on the subscription selected by Customer, certain features may or may not be accessible and prices for the Services may vary.
- Customer will provide Aiden with all the support and cooperation needed and desirable to enable the correct and timely delivery of the Services. Customer will in any event provide all the specifications and other information which Aiden indicates as necessary, or which Customer should reasonably understand are essential for the provision of the Services.
- In order to access and use the Services, Customer and Business Users need an Account. Aiden shall provide Customer with login data for an administrator Account.
- Customer can create its own Accounts for Business Users with the administrator Account.
- Customer is obliged to use any accounts made available by Aiden in a careful manner and to keep its login information secure and strictly confidential. An Account is personal and non-transferrable. Aiden has the right to assume that all acts performed following authentication of these Accounts have been performed under the supervision and with the approval of Customer. Customer is obliged to notify Aiden immediately if it suspects abuse of and/or unauthorized access to its Accounts.
- Customer is responsible for the actions and omissions of Business Users and the compliance with the Terms and Conditions by each Business User.
- Aiden may set a limit on the number of Accounts that can be made available to Business Users who may use the Services. If the Parties have not made any agreements in this regard, a limit based on fair use shall apply.
- Fair use is deemed to occur if Customer allows a maximum of twice as much Business Users on the Platform as other customers of Aiden would do in a comparable situation. If Customer allows more Business Users than allowed under the Agreement, Aiden shall be entitled to charge an additional amount afterwards in accordance with Aiden’s usual rates.
6. Trial Period
- Only in exceptional cases, a Trial Period may be granted if this is explicitly agreed.
- The Trial Period gives Customer free access to the Platform from the moment Aiden gives Customer access to the Trial Period in the Account.
- The purpose of the Trial Period is to allow new customers to test whether the Services theoretically meets the needs of Customer. The Trial Period is explicitly not intended to assess the experiences of the visitors of Customer’s website. Aiden will determine at its sole discretion whether Customer qualifies for the Trial Period and may limit the use and/or conditions to prevent abuse of the Trial Period.
- At the end of the Trial Period, Customer will be able to use the Services as previously agreed in the Agreement. If no agreements are made, Customer will not be able to access the Platform until Customer concludes a new Agreement for the use of the Services.
- Customer may terminate the Trial Period at any time.
- Data will be stored in Customer’s Account for fourteen (14) days after termination of the Trial Period. If Customer continues to use the Services, all data will be transferred.
7. Use and misuse
- It is prohibited to use the Services in a manner that is violating these Terms and Conditions or applicable laws and regulations. Additionally, using the Services in a manner that may cause hindrance or loss and/or damage to Aiden or any third party is expressly not permitted.
- If Aiden determines that Customer has violated these Terms and Conditions or applicable laws and regulations, or receives a complaint in this regard, Aiden may take measures to end the violation. These measures may include the suspension or termination of access to the Platform.
- Customer represents and warrants that Customer Data, and any other information uploaded or otherwise provided by Customer during its use of the Services, are free from viruses, Trojan horses or other harmful software. Customer indemnifies and holds harmless Aiden from any claims by third parties in relation to, or rising from the presence of viruses, Trojan horses or other harmful software in Customer Data or other information uploaded or otherwise provided by Customer in the course of using the Services.
- If, in Aiden’s opinion, the operation of the computer systems or network of Aiden or third parties and/or provision of services via the internet is obstructed, impaired or otherwise at risk, in particular as a result of the transmission of excessive amounts of data, leaked personal data or virus activity, Trojan horses and similar software, Aiden is authorized to take any and all measures it deems reasonably necessary to avert or prevent such risk. These measures include, but are not limited to, suspension of the Services and termination of the Agreement.
- Aiden is authorized at all times to report any criminal acts that are discovered and will cooperate with duly authorized orders and commands from competent authorities. In addition, Aiden is authorized to disclose the name, address, IP address and other data identifying Customer to a third party who has complained that Customer has violated its rights or these Terms and Conditions, provided that:
a). it is sufficiently plausible that the information, on its own, is unlawful and harmful with regard to the third party;
b). the third party has a genuine interest in obtaining the data;
c). it is plausible that, in the specific case, there is no less far-reaching measure to obtain the data; and
d). examining the interests involved entails that the third party’s interest should prevail.
- Customer will follow all reasonable instructions issued by Aiden related to the use of the Services.
- Aiden may recover from Customer any loss and/or damage sustained as a result of violations of these Terms and Conditions. Customer indemnifies and holds harmless Aiden against any and all third-party claims pertaining to loss and/or damage arising from a violation of these Terms and Conditions.
8. Availibility and maintenance
- Aiden will use all reasonable endeavours to ensure continuous availability of the Platform but cannot warrant uninterrupted availability of its Services.
- From time to time, Aiden may perform maintenance and A/B-tests on the Platform and make changes to the Services in the form of updates or upgrades. Such A/B-tests, updates or upgrades may result in a change in the functionality of the Platform. Suggestions by Customer are welcome, but Aiden determines which changes will be made.
- The performance of maintenance-related activities may result in interruptions in the availability of the Services. In case Aiden is able to foresee certain maintenance-related activities resulting in such interruptions, it will apply all reasonable endeavours to notify Customer of all planned maintenance-related activities through the Platform. Aiden will use all reasonable endeavours to ensure the activities do not take place during peak-hours – but instead during times when the demand for access to the Platform is lowest. Emergency maintenance may still occur at any time, without prior notification of Customer.
- Documentation with regard to troubleshooting and general use of the Platform is provided through the Website.
- In addition to the online documentation, Aiden provides support to Customer through use of a helpdesk. The helpdesk can be reached through the chat function on the Platform or via firstname.lastname@example.org.
- Aiden will assume that Customers will consult the online documentation before contacting the helpdesk. Aiden’s helpdesk may refer Customer back the documentation in case Customer’s question or issue can be answered or solved by consulting the documentation.
- Aiden will use all reasonable endeavours to respond to each support request as quickly as possible. However, it cannot warrant that a response or solution will be provided by the helpdesk in a set amount of time, as such response times are dependent on the nature and complexity of the question or issue at hand.
10. Intellectual property rights
- All Intellectual Property Rights to the Services and other Materials developed and/or made available by Aiden belong to Aiden or its licensors.
- Aiden grants Customer a non-exclusive, non-transferable and non-sublicensable right of use with regard to the Services and Materials for the duration of the Agreement.
- Customer and Business Users are not entitled to make changes to the Services or any other Materials and are not entitled to a copy of the source code, except where this is permitted under mandatory law. Customer and Business Users are not permitted to retrieve the source code by means of reverse engineering or decomplication.
- Aiden may take (technical) measures to protect the Services. If Aiden has taken such security measures, Customer is not allowed to circumvent or remove this security.
- Aiden is allowed to use Customer’s company name, logo, trademark, general description and (screenshots, general descriptions and virtual tours of) for the purposes of marketing its Services.
11. Customer data and curation data
- All Customer Data will remain the property of Customer. Aiden will not make any proprietary claims with regard to any Customer Data.
- Customer warrants and represents that it is the rightful owner or rightful licensee of all Intellectual Property Rights vested in Customer Data. Customer indemnifies and holds harmless Aiden from any claims by third parties in relation to or rising from the Intellectual Property Rights vested in Customer Data.
- Customer provides Aiden with a non-transferable – and as far as necessary for performance of the Agreement – sublicensable license to use Customer Data for the duration of the Agreement, insofar this is required for the provision of Services. In addition, Customer provides Aiden with an unlimited and irrevocable right to use Customer Data to perform analysis and to use and share the statistical results of these analyses at an aggregated level with third parties for its own purposes.
- Customer provides Aiden with an unlimited, irrevocable right of use to use the Curation Data for the performance of the Agreement and for its own purposes, such as to perform analysis and to share this information with third parties, also after termination of the Agreement.
- Customer represents and warrants that the accuracy, completeness and quality of the information and data processed by Customer or Business Users through the Platform and guarantees that this information and data does not infringe any rights of third parties (including Intellectual Property Rights). Customer indemnifies and holds harmless Aiden against any claims from third parties based on the assertion that they have suffered damage as a result of a breach of the warranty described above.
- Aiden will use reasonable endeavours to protect the Services against misuse, abuse and unauthorised access to Customer Data.
12. Privacy and Data Protection
- The fulfillment of the Agreement may entail the processing of personal data by Aiden on behalf of Customer, in which case the personal data to be processed by Aiden in performing the Services are subject to the General Data Protection Regulation (GDPR), in connection with which, according to the terminology of that Act, Customer shall be the ‘controller’ and Aiden shall be the ‘processor’.
- Where terms used in this article correspond to definitions from article 4 of the GDPR, these terms will be assigned the meaning of the definitions as mentioned in the GDPR.
- Aiden processes personal data provided by or via Customer exclusively on the instructions of Customer within the framework of the execution of the Agreement and for those purposes as additionally agreed upon by both Parties, and thereby acts in accordance with the GDPR.
- The processing relates to the processing objectives set by Customer with regard to the categories of personal data and data subjects as additionally agreed upon by both Parties.
- Customer is not entitled to use the Services of Aiden to process special categories of personal data as listed under Article 9 of the GDPR. The obligations on Aiden in this article, including but not limited to those arising from article 12.6., are not applicable to the processing of special categories of personal data.
- Aiden will take appropriate technical and organizational measures in connection with the processing of personal data to be performed in order to protect such data against loss or any form of unlawful processing (such as unauthorized disclosure, interference, alteration or provision of personal data). While Aiden will make every effort to prevent loss or unlawful processing of personal data, Aiden cannot guarantee that the security measures taken will suffice under all circumstances.
- The personal data processed by Aiden must always be considered confidential Information. This information will therefore be subject to the confidentiality agreements as laid down in article 13 of these Terms and Conditions.
- Aiden shall only carry out the processing on and in accordance with the written instruction of Customer. Aiden is permitted to anonymize the personal data in order to use the anonymized personal data for analytical and statistical research purposes to improve the quality of the services of Aiden. Aiden shall not process for any other purpose unless in accordance with written instructions of Customer. Aiden will not process the personal data for its own purposes.
- Aiden shall inform Customer if, in its opinion, instructions of Customer would violate the applicable legislation regarding the processing of personal data or are otherwise unreasonable.
- Aiden shall, if this is reasonably within its sphere of influence, provide assistance to Customer in fulfilling its legal obligations. This concerns the provision of assistance in the fulfillment of its obligations under articles 32 to 36 of the GDPR, such as the provision of assistance in carrying out a Data Protection Impact Assessment (DPIA) and prior consultation on high-risk processing. Aiden may charge the costs incurred for this to Customer.
- In the event of a personal data breach, Aiden shall notify Customer without undue delay after discovering the personal data breach. Aiden will take reasonable measures to limit the consequences of the personal data breach and to prevent further and future personal data breaches. The notification to Customer shall include, as far as known at that moment, at least:
a). the nature of the personal data breach;
b). the (likely) consequences of the personal data breach;
c). the categories of personal data concerned;
d). if and which security measures have been taken to protect the personal data;
e). the measures taken or proposed to be taken to address the personal data breach and prevent future personal data breaches;
f). the categories of data subjects concerned;
g). approximate number of data subjects concerned; and
h). where necessary the deviating contact details to address the notification.
Customer is responsible at all times for notification of any personal data breaches. However, Aiden will provide assistance to Customer, taking into account the nature of the processing and the information available to him, in regard to (new developments about) the personal data breach.
- In the event a data subject makes a request to exercise his or her legal rights under the GDPR (articles 15-22) to Aiden, Aiden shall pass on such request to Customer. Aiden may inform the data subject of this passing on. Customer will then further process the request independently. Aiden will, if Customer requires this, cooperate as far as possible and reasonable. Aiden may charge Customer for reasonable incurred costs.
- Customer has the right to verify compliance by Aiden, of all points under this article, by means of an audit performed by an independent third party, who is bound by confidentiality obligations. The audit may only be performed in case of a reasonable and well-founded suspicion of violation of this article, which is communicated in writing to Aiden before conducting the audit. The audit findings shall be assessed by the Parties in joint consultation and may or may not be implemented by either Party or jointly. The costs of the audit shall be borne by Aiden in case the audit reveals discrepancies in the compliance of Aiden to this article, which are attributable to Aiden. In all other cases the costs of the audit shall be borne by Customer.
- Customer authorizes Aiden to involve subprocessors in providing the services under the Agreement. An up-to-date list of the subprocessors engaged by Aiden can be requested via email@example.com. In addition, Aiden will notify Customer of any update. Customer is entitled to object in writing on reasonable grounds to a specific subprocessor(s). If Customer makes an objection, the Parties will consult to reach a solution. Wherever possible, Aiden imposes at least the same obligations on the engaged subprocessor(s) as agreed between Customer and Aiden under this article.
- Aiden may process the personal data in any country within the European Economic Area (EEA) At the explicit request of Customer, Aiden will inform Customer about the countries concerned.
- At the end of the Agreement, Aiden will – at Customer’s discretion – either return all personal data it has processed on Customer’s instructions under the Agreement to Customer within a reasonable period of time, or delete or destroy such personal data.
- The Parties will treat as confidential the information they provide to each other before, during or after the performance of the Agreement if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties also impose this obligation on their employees and on the third parties engaged by them for the performance of the Agreement. These provisions continue to apply after the Agreement ends for any reason whatsoever and for as long as the disclosing Party has the right to invoke the confidential nature of the information.
- Each Party will use the same degree of care in protecting the confidential information of the disclosing Party as it uses in protecting its own confidential information, but in no event less than reasonable care.
- This Article 12 will not apply to any information which:
a). is or becomes generally available to the public other than as a result of a disclosure by the receiving Party in breach of the Agreement;
b). was within the receiving Party’s possession prior to its disclosure to it by or on behalf of the disclosing Party;
c). becomes available to the receiving Party on a non-confidential basis from a source other than the disclosing Party not under obligation to keep such information confidential; or
d). is developed independently by the receiving Party.
- In the event that a receiving Party becomes legally compelled to disclose any confidential information provided pursuant to the Agreement, such receiving Party will provide the disclosing Party with prompt written notice so that such disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of the Agreement. Any confidential information provided hereunder will remain the exclusive property of the disclosing Party.
- Promptly after the expiration or termination of the Agreement for any reason, each receiving Party will deliver to each disclosing Party all originals and copies of any material in any form containing or representing the confidential information in its possession or will destroy the same at the request of the disclosing Party relative to such confidential information.
- Aiden reserves the right at all times to use the knowledge increased by the performance of the Agreement for other customers to the extent this does not involve confidential information of Customer.
14. Term and termination of the Agreement
- Unless otherwise determined in the Agreement, the Agreement will be entered into for an indefinite period of time.
- Parties may terminate the Agreement at any time, with a notice period of one (1) month.
- Termination of the Agreement will in no case affect the amounts owed or payable to Aiden under the Agreement. Furthermore, termination of the Agreement will in no case result in restitution of the amounts paid to Aiden under the Agreement.
- Without prejudice to any other rights and remedies hereunder, Aiden will be entitled to terminate the Agreement if Customer commits a breach of any of its obligations under this Agreement and such breach is irremediable or – if such breach is remediable – Customer fails to remedy that breach within a period of thirty (30) calendar days after being notified in writing to do so. Aiden may suspend or give notice to terminate the Agreement in writing with immediate effect, without notice of default being required, in the event Customer is declared bankrupt, Customer applies for or is granted suspension of payments, Customer’s activities are ceased or its business is wound up.
- Where Aiden suspends the performance of the Agreement, Aiden will retain all its rights and claims under the Agreement and the applicable laws and regulations.
- In the event that the Agreement is terminated, the amounts owed to Aiden by Customer will become immediately due and payable (irrespective of the reason for the termination).
- Aiden’s liability for damages as resulting from any breach of the Agreement, whether in tort or otherwise, is per event (whereby a series of consecutive events is regarded as a single event) limited to the amount (excluding VAT) that Customer pays under the Agreement for a period of six (6) months.
- Any right to claim compensation is at all times subject to the condition that the Customer notifies Aiden of the loss and/or damage in writing within no more than thirty (30) days of its discovery.
- Aiden’s liability for an attributable failure to perform the Agreement only arises if Customer gives Aiden prompt and proper written notice of default, giving Aiden a reasonable time period to remedy the default, and Aiden continues to fail to perform its obligations even after that time period. The notice of default must contain as detailed a description of the breach as possible so that Aiden is able to respond adequately.
- Any limitation of liability as included in the Agreement shall lapse if and insofar as the if there is damage by death or personally injury or the damage is the result of intent or deliberate recklessness on the part of Aiden’s management.
- Customer indemnifies Aiden against any third-party claims resulting from a breach of the Agreement by Customer.
16. Force majeure
- Aiden cannot be obliged to perform any obligation under the Agreement if the performance is prevented due to force majeure. Aiden is not liable for any loss and/or damage due to force majeure.
- Force majeure is considered to exist in any event in case of power outages, Internet failures, telecommunication infrastructure failures, network attacks (including D(DOS) attacks), attacks by malware or other harmful software, civil commotion, natural disaster, terror, mobilisation, war, import and export barriers, strikes, stagnation in supplies, fire, floods and any circumstance whereby Aiden is not enabled to perform or prevented from performing by its suppliers, irrespective of the reason.
- If a force majeure situation has lasted for more than ninety (90) days, both Parties will be entitled to give notice to terminate the Agreement in writing with immediate effect. The Services which in that case have been delivered by Aiden prior to the occurrence of the force majeure situation and during the force majeure situation will be paid for on a pro rata basis.
17. Charges and payment
- All prices quoted by Aiden are in euros and exclusive of VAT and other government taxes and duties.
- Customer must pay a periodic fee for the Services provided by Aiden. Aiden will send an invoice for all amounts due and it is entitled to invoice in advance and electronically.
- Unless agreed otherwise in the Agreement, the fee for onboarding is equal to the subscription fee for one (1) month’s access to the Services.
- All prices in each Quotation and on the Website are subject to programming and typographical errors. In the event of any inconsistency between the Website and the Agreement, the Agreement shall prevail at all times.
- Unless otherwise agreed, Customer grants a (SEPA) authorisation to automatically collect the amounts due by Customer. In each case, Customer shall ensure an adequate balance on the bank account designated for direct debit. If no debit can be made, Customer must pay the amounts invoiced by Aiden by means of a manual transfer before the end of the due date.
- Aiden is entitled to increase the prices used in this Agreement at any time. Aiden will inform Customer at least two (2) months in advance. In the event of a price increase, Customer has the right to terminate the Agreement, subject to one (1) months’ notice.
- Aiden is entitled to index the prices used in this Agreement annually, during the month of January, on the basis of the consumer price index of Statistics Netherlands (Centraal Bureau voor de Statistiek), without the possibility for Customer to terminate the Agreement.
- All amounts must be paid within fourteen (14) days after the invoice date, unless a longer term of payment is indicated on the invoice. If Customer fails to pay the amounts due within the agreed term, Customer shall be in default by operation of law, without notice of default being required. If the amount due is not paid within the term of payment, Customer will be liable for payment of the statutory commercial interest, referred to in Section 6:119a of the Dutch Civil Code, on the outstanding amount, as well as any extrajudicial costs, including costs for lawyers, bailiffs and legal experts, without notice of default being required.
- Under no circumstance is Customer allowed to set off its payment obligations under the Agreement with a claim they might have on whatever grounds.
- Aiden may amend these Terms and Conditions at any time if the changes are not significant or are required by applicable mandatory law.
- Aiden will endeavour to announce the changes or additions to Customer by email at least thirty (30) days before they take effect, to enable Customer to take note of them.
- If Customer does not wish to accept a change or addition which falls outside the scope of Article 18.1, Customer may give notice to terminate the Agreement until the date it takes effect. Use of the Services after the effective date will be regarded as acceptance of the amended or supplemented Terms and Conditions.
19. Miscellaneous provisions
- This Agreement is governed exclusively by Dutch law.
- Any dispute between the Parties in connection with or rising from the Agreement will be submitted to the competent court in the Netherlands in the district where Aiden has its registered office.
- Where the Agreement refers to “written” or “in writing”, this also includes e-mail communication provided the identity of the sender and the integrity of the content can be adequately established.
- The version of any communication of information as recorded by Aiden will be deemed to be authentic, unless Customer supplies proof to the contrary.
- Customer will not be authorised to transfer this Agreement or any of its rights and obligations arising therefrom to a third party without the written consent of Aiden. Aiden will be authorised to transfer this Agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this Agreement is subject.
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