
iScreens
NL67KNAB0258540559
BTW nr: NL859751739B01
KVK nr: 74036742
- +3185 - 06 08 024
- info@iscreens.tv
- support@iscreens.tv
- Wehl, The Netherlands
Definitions
iScreens, Located in Wehl, the Netherlands, Chamber of Commerce no. 74036742
Customer: the person with whom iScreens has entered into an agreement.
Parties: iScreens and customer together.
Consumer: a customer who is an individual acting for private purposes.
Product: Raspberry Pi Model 4
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of iScreens. Parties can only deviate from these conditions if they have explicitly agreed upon in writing. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
Offers and quotations from iScreens are without engagement, unless expressly stated otherwise.
An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
Acceptance
Upon acceptance of a quotation or offer without engagement, iScreens reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance of the customer only commits iScreens after the customer has confirmed this in writing (or electronically).
Personal data that we process
iScreens processes your personal data because you use our services and / or because you provide these to us yourself. Below you will find an overview of the personal data that we process:
– First and last name
– Business Info
– Address data
– Phone number
– E-mail address
– Location data
– Bank/Credit card account information
Special and / or sensitive personal data that we process
Our website and / or service does not intend to collect data about website visitors under the age of 16. Unless they have permission from parents or guardian. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in their children’s online activities in order to prevent information about children being collected without parental consent. If you are convinced that we have collected personal information about a minor without that permission, please contact us at administratie@iscreens.tv and we will remove this information.
For what purpose and on what basis we process personal data
iScreens processes your personal data for the following purposes:
– Handling your payment
– Being able to call or e-mail you if this is necessary to be able to perform our services
– Inform you about changes to our services and products
– Offer you the possibility to create an account
– To deliver goods and services to you
– iScreens also processes personal data if we are legally obliged to do so, such as data that we need for our tax return.
Automated decision making
iScreens makes [yes / no] decisions based on automated processing on issues that may have (significant) consequences for individuals. These are decisions that are made by computer programs or systems, without a human being (such as an iScreens employee) among them. iScreens uses the following computer programs or systems: [complete with name of the system, why it is used, underlying logic, importance and expected consequences for the person concerned]
How long we keep personal data
iScreens does not store your personal data for longer than is strictly necessary to achieve the purposes for which your data is collected. We use the following retention periods for the following:
Personal:
Reason: Billing, contact
Retention period: Contract Period + 1 month
Business Info:
Reason: Billing, contact
Retention period: Contract Period + 1 month
Address:
Reason: Billing, contact
Retention period: Contract Period + 1 month
Email Address:
Reason Email: Billing, contact, advertising
Retention period: Contract Period + 1 year
Phone Number:
Reason Email: Contact, support
Retention period: Contract Period + 1 year
Sharing of personal data with third parties
iScreens only provides to third parties and only if this is necessary for the implementation of our agreement with you or to comply with a legal obligation. We will not provide to third parties for advertisement purposes.
We work together with Mollie Payment Services. We are not responsible for their GDPR, nor have we control over their data processing. For more information about their GDPR, please visit https://www.mollie.com/en/privacy.
Cookies, or similar techniques, that we use
iScreens only uses technical and functional cookies. And analytical cookies that do not infringe on your privacy. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. The cookies we use are necessary for the technical operation of the website and your ease of use. They ensure that the website works properly and, for example, remember your preferences. We can also use this to optimize our website. You can opt out of cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information that was previously saved via the settings of your browser.
View, modify or delete data
You have the right to view, correct or delete your personal data. In addition, you have the right to withdraw your consent for data processing or to object to the processing of your personal data by iScreens and you have the right to data transferability. This means that you can submit a request to us to send the personal data that we hold about you in a computer file to you or another organization mentioned by you. You can send a request for access, correction, deletion, data transfer of your personal data or request for withdrawal of your consent or objection to the processing of your personal data to administratie@iscreens.tv. To ensure that the request for inspection has been made by you, we request that you send a copy of your proof of identity with the request. Make in this copy your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen service number (BSN) black. This is to protect your privacy. We will respond to your request as quickly as possible, but within four weeks. iScreens would also like to point out that you have the option to file a complaint with the national data protection authority, the Dutch Data Protection Authority. You can do this via the following link: https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/gebruik-uw-privacyrechten/klacht-melden-bij-de-ap
How we protect personal data
iScreens takes the protection of your data seriously and takes appropriate measures to prevent abuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If you have the impression that your data is not properly secured or there are indications of abuse, please contact our customer service or via administratie@iscreens.tv
Confidentiality
The client keeps any information he receives (in whatever form) from iScreens confidential.
The same applies to all other information concerning iScreens of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to iScreens.
The customer takes all necessary measures to ensure that he keeps the information referred to in previous paragraphs secret.
The obligation of secrecy described in this article does not apply to information:
-which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
-which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies indefinitely.
Penalties
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of iScreens an immediately due and payable fine of € 50.000 for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of iScreens including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies iScreens against all third-party claims that are related to the products and/or services supplied by iScreens.
Complaints
The customer must examine a product or service provided by iScreens as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform iScreens of this as soon as possible, but in any case within 7 days after the discovery of the shortcomings.
The customer gives a detailed description as possible of the shortcomings (preferably with visual content like photographs and/or video) so that iScreens is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to iScreens being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to iScreens in writing.
It is the responsibility of the customer that a notice of default actually reaches iScreens (in time).
Joint and several Client liabilities
If iScreens enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to iScreens under that agreement.
Liability of iScreens
iScreens is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If iScreens is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
iScreens is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If iScreens is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
iScreens CMS – Content Management System
The CMS is an online Content Management System. This system is hosted on create.iscreens.tv and is accessible with a trial period license or a purchased time limited license.
Raspberry Pi 4
The Raspberry Pi is a hardware product that will hold a memory card with an operating system. This operating system can connect to the CMS and together will create the Digital Signage.
Free Raspberry Pi
Every new customer will receive one free Raspberry Pi device with that specific active account. After payment of a year subscription, the client is entitled to receive the Raspberry Pi that will be shipped to the address that is registered in their account. Shipping cost are not included. When the contact information is incomplete, the device cannot be sent out.
Other products
In webshop are other products that can be used that are coherent to upgrade the Digital Signage use.
Delivery
Delivery takes place while stocks last.
Delivery takes place at iScreens unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, iScreens has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by iScreens.
Delivery period
Any delivery period specified by iScreens is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery period starts after the customer has signed the agreement to iScreens and is confirmed in writing or electronically by iScreens to the customer.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless iScreens cannot deliver within 90 days or if the parties have agreed upon otherwise.
iScreens is not reliable for late delays due to the shipping company.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the delivery company or delivery person before receiving the product. In the absence of which iScreens may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to iScreens, failing which iScreens cannot be held liable for any damage.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
-goods delivered that are necessary for the execution of the underlying agreement
-goods being property of iScreens that are present at the premises of the customer
-goods that have been delivered under retention of title
At the first request of iScreens, the customer provides the policy for these insurances for inspection.
For deliveries the client can opt for extra shipping insurance. Without insurance iScreens is not liable for any loss of damages of the products.
Assembly / Installation
Although iScreens strives to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility for this, except in case of intent or gross negligence.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for iScreens, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
Exchange is only possible if the following conditions are met:
-exchange takes place within 14 days after purchase upon presentation of the original invoice
-the product is returned in the original packaging or with the original (price) tags still attached to it
-the product has not been used
Shipping costs for the returning and re-sending of products if for the customer.
Discounted items, non-shelf articles such as custom made items or specially adapted articles for the customer cannot be exchanged.
Pricing
All prices used by iScreens are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
iScreens is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time, except on already paid services.
Increases in the cost prices of products or parts thereof, which iScreens could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in the last paragraph, unless the increase is the result of statutory regulation.
Active accounts can only be terminated after the agreed service terms.
iScreens will not refund cancelled active accounts, unless expressly stated otherwise or agreed otherwise.
The price with regard to services is determined by iScreens on the basis of the actual working hours.
The price is calculated according to the usual hourly rates of iScreens, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by iScreens, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
iScreens is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, iScreens must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
iScreens will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with iScreens if he does not agree with the price increase, at the end of the active contract.
Payments and payment terms
iScreens may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 14 days after delivery of the product.
Payment terms are considered as final payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without iScreens having to send the customer a reminder or to put him in default.
iScreens reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, iScreens is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month, with a minimum of € 7,50 per month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to iScreens.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, iScreens may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of iScreens on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by iScreens, he is still obliged to pay the agreed price to iScreens.
Right of recovery of goods
As soon as the customer is in default, iScreens is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
iScreens invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to iScreens, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
-the product has not been used
-it is not a product that can spoil quickly
-the product is not specially tailored for the consumer or adapted to its special needs
-it is not a product that may not be returned for hygienic reasons
-the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
-the purchase does not concern an (assignment to) urgent repair
-the consumer has not renounced his right of cancellation
The reflection period of 14 days as referred to in the previous paragraph commences:
-on the day after the consumer has received the last product or part of 1 order
-as soon as the consumer has received the first the product of a subscription
-as soon as the consumer has purchased a service for the first time
-as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of cancellation via info@iscreens.tv
The consumer is obliged to return the product(s) to iScreens within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for return are due by the customer if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, iScreens will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product(s) to iScreens in time.
Free Raspberry Pi; after cancellation iScreens will reserve the value for the Raspberry Pi kit until the full kit is returned to iScreens in the conditions mentioned above.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
iScreens can appeal to his right of retention of title and in that case retain the products sold by iScreens to the customer until the customer has paid all outstanding invoices with regard to iScreens, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to iScreens.
iScreens is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to iScreens with any claim on iScreens.
Retention of title
iScreens remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to iScreens under whatever agreement with iScreens including of claims regarding the shortcomings in the performance.
Until then, iScreens can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If iScreens invokes its retention of title, the agreement will be dissolved and iScreens has the right to claim compensation, lost profits and interest.
Any damages or missing items to returned products will be deducted from any reimbursements or will be claimed.
Duration of the agreement
The agreement between iScreens and the customer is entered into for the duration of 12 months, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 months, or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give iScreens a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Expiry period
Every right of the customer to compensation from iScreens shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if iScreens imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by iScreens is not permanent or temporarily impossible, dissolution can only take place after iScreens is in default.
iScreens has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give iScreens good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of iScreens in the fulfillment of any obligation to the customer cannot be attributed to iScreens in any situation independent of the will of iScreens, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from iScreens .
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, hackers, strikes, government measures, world health, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which iScreens cannot fulfill one or more obligations towards the customer, these obligations will be suspended until iScreens can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
iScreens does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
iScreens is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by iScreens with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer can not transfer its rights deferring from an agreement with iScreens to third parties without the prior written consent of iScreens .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
SERVICE COMMITMENT
iScreens provides customer access to the platform twenty-four hours a day, seven days a week (24×7) with a Monthly Uptime Percentage (defined below) of at least 95%. “Monthly Uptime Percentage” will be calculated as follows: the number of minutes the Services are accessible and not suffering from a Service Outage as reported to Company by Customer during each calendar month, divided by the total number of minutes in the calendar month. If Customer fails to report a Service Outage within five (5) days of the occurrence of such Service Outage, Customer shall not be entitled to any Service Credit for such Service Outage. For purposes of this Agreement, “Service Outage” means any event that renders the Services unavailable to Customer, other than Scheduled Downtime or Excluded Downtime. A Monthly Uptime Percentage of 95% means that we guarantee you will experience no more than 40 hours per month of Service Outage.
MEASUREMENT METHOD
In order to avoid intermittent and transient fluctuations, a downtime period may begin after observing one to five consecutive minutes of downtime and end when services are restored. Furthermore, downtime must affect a significant number of requests or core functionality to qualify as a Service Outage.
COMMUNICATION PROTOCOL
iScreens will communicate via email or news message within the CMS, unless otherwise agreed upon in writing. Customer will provide contact names, email addresses, and phone numbers for iScreens to use for communication (the “Communication Protocol”).
MAINTENANCE AND EXCLUDED DOWNTIME
iScreens reserves the right to perform regularly scheduled maintenance of the platform during non-core business hours. Non-core business hours are defined as 12:00am to 4:00am (GMT – Time Zone) (“Scheduled Downtime”). Company maintains a standing scheduled maintenance window of 12:00am-2:00am (GMT – Time Zone) every weekday morning. Company may schedule additional Scheduled Downtimes outside of the standing scheduled maintenance window by providing notification to Customer at least three business days in advance; this notification will be provided via the agreed upon Communication Protocol to designated support representatives. Additionally, any downtime caused by factors outside of Company’s reasonable control do not factor in to the Monthly Uptime Percentage calculation, including any force majeure event, Internet services availability outside of Company’s platform, any downtime resulting from outages of third party connections or utilities, and actions or inactions of the Customer (“Excluded Downtime”).
SERVICE REQUESTS
In support of the services covered by this SLA, Company will respond to service related incidents and requests originated through the Communication Protocol within the following time frames. Customer shall submit requests with the priority level specified; however, iScreens reserves the right to reasonably increase or decrease the priority level in its sole discretion. In accordance with the service commitment provided in this SLA, iScreens will use commercially reasonable efforts to resolve all requests promptly but cannot guarantee a time to resolution due to the inherent variability in effort and corresponding time required to resolve issues. iScreens will communicate resolution efforts with the Customer in a timely manner and consistent with the Communication Protocol.
Request Priority Level | Description | Time to Response |
Severe | Service is unavailable or a substantial subset of functionality is unavailable without a workaround, security issues, or data integrity issues. | <12 Hours |
High | Intermittent issues, issues with system performance, and issues with available workarounds. | <36 Hours |
Medium | Any other bugs and issues that are not considered as Severe and High. | <2 business days |
Low | Enhancements, tech questions | <4 business days |
SERVICE CREDITS
If the Monthly Uptime Percentage fails to meet iScreens service commitment outlined above, the Customer will be eligible to receive a Service Credit, as outlined in the below table. This service level agreement and the Service Credits provided hereunder are the Customer’s sole and exclusive remedy for any Service Outage related to the Services. To receive a Service Credit, you must submit a claim by emailing support@ iScreens.tv. To be eligible, the credit request must be received by us within 30 days after which the incident occurred and must include: the words “SLA Credit Request” in the subject line; the dates and times of each Unavailability incident that you are claiming; logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
Monthly Uptime Percentage | Rating | Service Credit |
95% or above | Meets or exceeds target | None |
Between 90.0% and 95% | Below target | 25% of monthly service charges or $10,000, whichever is smaller |
At or below 90% | Unacceptable | 50% of monthly service charges or $10,000, whichever is smaller |
To receive a Service Credit, you must submit a claim by emailing support@iScreens.tv. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what iScreens had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where iScreens is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Performance of the agreement
iScreens executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
iScreens has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that iScreens can start the implementation of the agreement on time.
If the customer has not ensured that iScreens can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to iScreens all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, iScreens will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by iScreens and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
iScreens is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by iScreens with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer can not transfer its rights deferring from an agreement with iScreens to third parties without the prior written consent of iScreens .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what iScreens had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where iScreens is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.