These terms and conditions were last updated on January 1st, 2024.

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These are the terms and condition for Getdialog B.V. established on Bolkensteeg 19a, Dongen (The Netherlands) which is entered in the Chamber of Commerce under number 73385476, (hereafter: “Getdialog”).

 

Article 1.             Definitions

1.1.        Account: the personal account of an End User through which he or she gains access to the Software.

1.2.        Terms and Conditions: the conditions present. 

1.3.        Service(s): all services as described in the Agreement, which may include the delivery of Software.

1.4.        End User: the natural person who uses the Software provided by Getdialog on behalf of the Client.

1.5.        Intellectual Property Rights: all intellectual property rights including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights on know-how. 

1.6.        Office Hours: the time from 08:00 to 17:00 (Dutch time) on weekdays (Monday to Friday), excluding official Dutch public holidays and days on which Getdialog has indicated in advance that it will be closed.

1.7.        Client Data: all data stored by the Client or End Users on the systems used for the delivery of the Software.

1.8.        Quote: a written offer from Getdialog.

1.9.        Client: the natural or legal person acting in the exercise of a profession or business, with whom Getdialog enters into the Agreement.

1.10.     Agreement: the agreement between Getdialog and the Client under which Getdialog will provide the Services to the Client and which includes the General Terms and Conditions, the Service Level Agreement, and the Processing Agreement (if applicable) as an integral part.

1.11.     Party(ies): Getdialog and the Client together or separately.

1.12.     Service Level Agreement: the service level agreement that is attached to the Agreement and forms an integral part of the Agreement

1.13.     Written: both written communication and via email provided the identity of the sender and the integrity of the content of the communication is sufficiently established

1.14.     Software: all software made available to the Client under the Agreement.

1.15.     Confidential Information: non-public information related to one or both Parties and information which a Party indicates as confidential, or which, by the nature of the information or the circumstances under which the disclosure occurs, should be treated as confidential. The content of the Agreement is confidential information in any case.

1.16.     Processing Agreement: the agreement that is concluded between Parties when Getdialog processes personal data on behalf of the Client during the delivery of the Services

 

Article 2.             Applicability and Interpretation

2.1.        The Terms and Conditions apply to all offers including Quotes from Getdialog, the performance of work by or on behalf of Getdialog, and the execution of (future) Agreements.

2.2.        The applicability of any purchasing or other conditions of the Client is expressly excluded.

2.3.        The application of article 227b paragraph 1 and 227c of book 6 of the Dutch Civil Code is excluded.

2.4.        Deviations and additions to the General Terms and Conditions are only valid if they have been agreed upon in writing between the Parties.

2.5.        If any provision of the General Terms and Conditions is void or is annulled, the remaining provisions of the General Terms and Conditions shall remain fully in effect. Parties will replace the void or annulled provisions with new provisions, taking into account as much as possible the purpose and intent of the void or annulled provisions.

2.6.        In case of any contradiction between different documents, the following order of precedence applies:

a.             Additional written and signed agreements;

b.             Approved Quote;

c.              Processing Agreement (if applicable);

d.             Service Level Agreement;

e.              General Terms and Conditions.

 

Article 3.             Formation of the agreement

3.1.        A Quote or other offer from Getdialog is non-binding and is valid for a period of fourteen (14) days from the date of issue. Getdialog is not obliged to accept an acceptance after the expiration of this period, but if Getdialog proceeds to do so, the Quote or offer shall still be deemed accepted.

3.2.        Getdialog is only bound by a deviating acceptance of an offer from Getdialog made by a potential Client if Getdialog expressly accepts the deviating acceptance in writing.

3.3.        The Agreement is established by:

a.             the signing of the Quote by the Parties;

b.             the digital signing of the Quote by the Client;

c.              the written acceptance by Getdialog of a purchase order sent by the Client;

d.             the written acceptance by the Client of the Quote or another offer from Getdialog;

e.              completing the online ordering process and confirming the order at the end of the ordering process and confirmation of the order by email by Getdialog.

3.4.        The Agreement is established by acceptance of the Quote or the offer from Getdialog. In the case of verbal acceptance, Getdialog requires a written confirmation before commencing the execution of the Agreement.

3.5.        If the Client does not explicitly indicate agreement with the Quote or the offer but nevertheless agrees with it, or gives that impression, that Getdialog performs work or delivers products that fall within the description of the Quote or the offer, then the Quote or the offer is considered accepted. This also applies when the Client requests Getdialog to perform certain works or deliver products without waiting for a Quote.

 

Article 4.             Duration and Termination of the Agreement

4.1.        Unless otherwise agreed, the duration of the Agreement is twelve (12) months. The Parties are not allowed to terminate the Agreement during its term, except in cases where an exception is explicitly made in these General Terms and Conditions or other parts of the Agreement. Article 6:271 of the Dutch Civil Code and subsequent articles are excluded by the Parties.

4.2.        The Agreement will be automatically and silently renewed for additional periods equal to the initial duration after its expiration, unless one of the Parties is notified in writing by the other Party at least one (1) month before the end of the initial term of their desire not to renew the Agreement.

4.3.        For a one-time Agreement, which is not a continuing agreement, it lasts for the duration necessary for the delivery of the Services.

4.4.        Getdialog may suspend or terminate the Agreement at any time with immediate effect without the need for a notice of default if:

a.             The Client is declared bankrupt or applies for bankruptcy;

b.             The Client is granted a moratorium on payments;

c.              The Client's company is dissolved or liquidated;

d.             The Client fails to fulfill the obligations of the Agreement on time or properly, and the shortcomings are not remedied within a reasonable period after a notice of default. A prior notice of default is not necessary in cases foreseen in these General Terms and Conditions or when the default occurs by law;

e.              Part of the Client’s assets are seized.

4.5.        The right to suspend in the aforementioned cases applies to all Agreements concluded with the Client simultaneously, even if the Client is in default with respect to only one Agreement, and without prejudice to Getdialog's right to compensation for damages, lost profits, and interest.

4.6.        If a dissolution is attributable to the Client, Getdialog is entitled to compensation for the direct and indirect damage caused thereby.

4.7.        If the Agreement is terminated or dissolved, the Client's claims become immediately due and payable.

4.8.        Obligations intended to continue after the end of the Agreement remain in force undiminished after the end of the Agreement.

 

Article 5.             Execution of the Agreement

5.1.        After the Agreement has been established, Getdialog will endeavor to start executing the Agreement as soon as possible, while ensuring adequate care and craftsmanship.

5.2.        Delivery times announced by Getdialog are indicative and are not considered as strict deadlines, unless otherwise agreed in writing.

5.3.        The Client shall provide Getdialog with all the support necessary and desirable for a correct and timely delivery of the Services. At a minimum, the Client shall provide Getdialog:

a.             All data and other information which Getdialog indicates are necessary, or which the Client should reasonably understand to be necessary for the execution of the Agreement; and

b.             Access to all places, services, and accounts under its management (such as server rooms and web hosting accounts) to the extent necessary for the execution of the Agreement.

5.4.        Getdialog has the right to engage third parties in the execution of the Agreement. Any associated costs will only be charged to the Client if this has been agreed in advance.

5.5.        If the employees of Getdialog or third parties engaged by Getdialog perform work at the Client's office or at a location designated by the Client, the Client shall provide all reasonable support and facilities required for this purpose free of charge.

5.6.        If the execution of a task is part of the Agreement and the task is assigned with the intention that it be performed by a specific person, Getdialog may also have the task performed by another person under its responsibility.

5.7.        If the employees of Getdialog or third parties engaged by Getdialog perform work at the Client's office or at a location designated by the Client, the Client shall provide all reasonable support and facilities needed for this purpose free of charge, including at least a workspace with network access. The Client shall make any house rules or other safety regulations known to Getdialog in a timely manner (at least 5 days before the work is scheduled).

 

Article 6.             Account

6.1.        In order to use the Software, End Users need an Account. The license fees may depend on the number of End Users. Therefore, it is expressly prohibited to share one Account among multiple persons. The Client is responsible for ensuring that each End User has their own Account. Getdialog will provide the Client with an admin account for the Software. The Client can then create Accounts for the End Users themselves.

6.2.        End Users must keep their Account login details strictly confidential. Getdialog may assume that all use of the Software after logging in with the Account is conducted by the respective End User.

6.3.        If the login details of an Account are lost or leaked, the Client must immediately take all measures that are reasonably necessary and desirable to prevent misuse of the Account. These measures may include changing the password or blocking the Account.

6.4.        Getdialog will automatically determine the number of End Users. It is explicitly prohibited to hinder or attempt to circumvent these checks by Getdialog. If Getdialog doubts the accuracy of the determined number of End Users, Getdialog may appoint an independent expert bound by confidentiality to verify this through the Client's systems. The Client shall provide all cooperation that the designated third party reasonably requires to perform the audit.

6.5.        If the audit reveals that the Client's license is not sufficient for the number of End Users, Getdialog has the right to invoice the Client for the missing licenses at 200 percent of the regular license price. The costs for the conducted audit will also be borne by the Client in that case.

 

Article 7.             Development

7.1.        The parties will agree in good consultation on time periods during which Getdialog, either alone or together with the Client, will endeavor to perform the programming activities (also referred to as 'sprints'). The number of sprints and the content of the sprints will be determined in consultation between the Parties. Postponing or canceling scheduled programming activities is only possible after proper consultation and with the written consent of Getdialog. Getdialog may attach conditions to postponing or canceling activities.

7.2.        Prior to a sprint, Getdialog will determine which of the customer's wishes it aims to fulfill. Getdialog will then carry out the planned programming activities during the sprint.

7.3.        If, during the development of the Software, it becomes apparent that it is impossible for Getdialog to develop certain wishes of the Client, Getdialog may at its discretion choose to stop the development of the respective wish. Getdialog will then inform the Client, after which the Parties will decide in good consultation whether to omit or simplify the respective wish.

7.4.        After the sprint has ended, the Parties can discuss the result and determine whether (1) the developed product meets the Client's pre-formulated wishes, (2) the respective sprint should be extended to improve the developed product, or (3) a new sprint should be scheduled to make adjustments to the developed product.

7.5.        Programming activities are primarily performed during office hours. If Getdialog performs work outside office hours at the request of the Client, these overtime hours will be recorded and billed as follows:

a.             If there is overtime from Monday to Saturday, the Client will pay 150% of the usual hourly rate to Getdialog for these overtime hours.

b.             If there is overtime on a Sunday, Dutch national holiday, or a day Getdialog has indicated it is closed, 200% of the usual hourly rate of the respective team member (or members) per overtime hour will be charged to the Client.

7.6.        If Getdialog must perform work at a location other than Getdialog's usual location (e.g., at the Client's location), Getdialog is entitled to charge extra costs to the Client. These costs include, among others: travel expenses, (travel) insurance costs, accommodation costs, and costs for food and beverages. Getdialog and the Client will make efforts to agree on such costs as much as possible in advance.

 

Article 8.             Training

8.1.        Getdialog can provide training for the Client in the use of the Software. The content of these trainings will be further developed in joint consultation. If reasonable, Getdialog may charge additional costs for the trainings to the Client.

8.2.        It is possible for Getdialog, in consultation with the Client, to engage third parties to provide the trainings. Getdialog can charge the costs of engaging these third parties to the Client.

8.3.        Trainings are conducted online, unless agreed otherwise. If the trainer needs to stay overnight for a training, travel and accommodation costs will be charged.

8.4.        If the training is provided on location, the Client can cancel or reschedule the training free of charge up to five (5) days in advance. A request for this must be submitted in writing to Getdialog and will be confirmed in writing by Getdialog. In case of late cancellation or modification, Getdialog may charge a fee for the training.

8.5.        Materials used for training remain the property of Getdialog even if they are adjusted or developed at the request of the Client.

8.6.        The provisions regarding confidentiality apply correspondingly to the content of the trainings.

 

Article 9.             Intellectual Proporty Rights and License

9.1.        All Intellectual Property Rights resting on the Software and the developments of the Software remain vested with Getdialog or its licensors.

9.2.        The Client is granted a non-exclusive, non-transferable, and non-sublicensable right to use the Software for the duration of the Agreement and in accordance with the terms set forth in the Agreement.

9.3.        The Client is not entitled to make modifications to the Software and has no right to a copy of the source files of the Software, except in cases where it is permitted by mandatory law or agreed in writing between the parties.

9.4.        Getdialog may take (technical) measures to protect the Software. If Getdialog has taken such security measures, the Client is not allowed to circumvent or remove this protection.

9.5.        The Client is not allowed to remove or modify any indication of Intellectual Property Rights from the Software. It is also not allowed to remove indications concerning the confidential nature of the Software.

9.6.        All Intellectual Property Rights resting on the Client Data are vested in the Client. The Client indemnifies Getdialog against any claims from third parties based on infringement of an (Intellectual Property) right due to the Client Data or materials originating from the Client or its End Users.

9.7.        Getdialog is permitted to use the (company) name, logo, and a general description of the Client for its own promotion and/or publicity.

9.8.        If Getdialog uses software or materials provided or made available by the Client in the execution of the Agreement, the Client guarantees that he has the right to let Getdialog use the software or materials, either because the Client is the copyright holder of the software or materials, or because the Client has acquired a sufficient usage right from the copyright holder.

9.9.        Getdialog has the right to publish photos, images, illustrations, or descriptions of the materials developed under the Agreement on its website or include them in other commercial expressions. Getdialog may mention the (company) name, logo, and a general description of the Client and the Services provided.

 

Article 10.          Usage 

10.1.     The Client guarantees that the Software will not be used for activities that violate any applicable laws or regulations. Additionally, it is expressly prohibited (whether lawful or not) to input into the Software materials that:

a.             Infringe on the rights of third parties (such as Intellectual Property Rights), or are unmistakably slanderous, libelous, offensive, discriminatory, or incite hatred;

b.             Contain information that could be helpful in violating the rights of third parties, such as hack tools or explanations of computer crimes intended to incite criminal actions rather than defend against them;

c.              Constitute a violation of the privacy of third parties, including but not limited to the unauthorized or unnecessary distribution of personal data of third parties;

d.             Contain hyperlinks, torrents, or references with locations of materials that infringe copyright or other Intellectual Property Rights; or

e.              Contain child pornography, bestiality pornography, or animations thereof, or are apparently intended to assist others in finding such materials.

10.2.     The introduction of pornographic materials through the Software is not allowed.

10.3.     The Client shall refrain from hindering other customers or Internet users or causing damage to the systems or networks of Getdialog or other customers.

10.4.     The Client is prohibited from initiating processes or programs, whether via the systems of Getdialog or not, if the Client knows or reasonably suspects that doing so will hinder Getdialog, its customers, or Internet users, or cause them damage.

10.5.     If, in the opinion of Getdialog, nuisance, damage, or another danger arises for the functioning of Getdialog’s application or third parties and/or for the provision of services via the Internet, especially due to excessive sending of email or other data, (distributed) denial-of-service attacks, poorly secured systems or activities of viruses, Trojans, and similar software, Getdialog is entitled to take all measures it reasonably deems necessary to avert or prevent this danger. Getdialog may recover the costs that are reasonably necessary for these measures from the Client.

 

Article 11.          Confidentiality

11.1.     Both Parties shall keep Confidential Information strictly confidential and use it only to the extent necessary for the performance of the Agreement.

11.2.     The receiving Party shall ensure that Confidential Information is protected against unauthorized access or use at the same level as its own confidential information, but at least a reasonable level of protection.

11.3.     The obligation to keep Confidential Information secret does not apply if and to the extent that the receiving Party can prove that the information:

a.             was already in the possession of the receiving Party before the date of provision;

b.             is obtainable from a third party without that third party violating any confidentiality obligation towards the providing Party by the provision;

c.              is available from public sources, such as newspapers, patent databases, publicly accessible websites or services;

d.             has been developed independently by the receiving Party without the use of any information from the providing Party.

11.4.     If a Party receives an order from a competent authority to disclose Confidential Information, it has the right to comply. However, the providing Party is to be informed as soon as possible (in advance) about the order, unless this is not allowed. If the providing Party indicates it wants to take measures against the order (e.g., through a summary proceeding), the receiving Party will wait to comply until a decision has been made, as far as legally possible.

11.5.     Parties also impose the obligations described in the preceding paragraphs on their employees and possibly on third parties engaged to whom the Confidential Information is disclosed.

11.6.     All Client Data remains the property of the Client. Getdialog will not use or claim ownership of the Client Data and will only access the Client Data as necessary in the context of delivering the Software.

 

Article 12.          Hiring of Personnel

12.1.     During the duration of the Agreement and for one (1) year thereafter, the Client is not permitted to employ employees of Getdialog or to have them work for the Client in any other way, directly or indirectly, without prior written permission from Getdialog.

12.2.     For the purposes of this article, employees of Getdialog include individuals who are employed by Getdialog or any of its affiliated companies or who were employed by Getdialog or any of its affiliated companies no longer than one (1) year ago.

12.3.     If the Client breaches this provision, the Client is liable to pay Getdialog an immediately payable fine of 25,000 euros per violation and 2,500 euros for each day the violation continues, up to a maximum of 50,000 euros per employee, notwithstanding Getdialog's right to claim damages.

 

Article 13.          Liability

13.1.     Getdialog's liability for damage or other claims arising from a culpable failure to meet its obligations under the agreement, from an unlawful act, or on any other ground, is limited per event (where a series of related events is considered a single event) to the amounts (excluding VAT) that the Client has paid to Getdialog over a period of six (6) months preceding the occurrence of the damage, up to a maximum of 50,000 euros per year, regardless of the number of events.

13.2.     If the damage occurs within six (6) months from the start date of the Agreement, contrary to the previous paragraph, Getdialog's liability is limited to the amount (excluding VAT) that the Client is expected to owe during the first six (6) months from the start date, up to a maximum of 50,000 euros per year, regardless of the number of events.

13.3.     Notwithstanding the above, Getdialog is only liable for the direct damage suffered by the Client. For the purposes of the Agreement, direct damage is exclusively defined as:

a.             Reasonable costs incurred by the Client to prompt Getdialog to comply (again) properly with the Agreement;

b.             Reasonable costs to determine the cause and extent of the damage, insofar as the Client is able to determine these without the intervention of Getdialog;

c.              Reasonable costs incurred by the Client to prevent or limit the damage, insofar as the Client is capable of doing so without the intervention of Getdialog;

d.             Reasonable costs incurred by the Client to make the performance still meet the Agreement, insofar as the Client is capable of doing so without the intervention of Getdialog; and

e.              Costs to determine, investigate, and limit the consequences of a data breach (meaning: a breach concerning personal data as defined in Article 4(12) of the General Data Protection Regulation).

13.4.     Getdialog is not liable for other damages.

13.5.     Getdialog is only obliged to compensate the Client for damage if it is reported in writing to Getdialog within fourteen (14) days after discovery or after the moment when the Client could reasonably have discovered it.

13.6.     Any limitation or exclusion of liability agreed between the Parties does not apply if and to the extent that (i) the damage results from intent or deliberate recklessness of the executive management of the party causing the damage, or (ii) the limitation or exclusion would otherwise be in violation of applicable law or regulation.

13.7.     The limitation of liability included in this article also explicitly applies to damages or claims resulting from a breach of a warranty obligation agreed between the Parties.

13.8.     The Client indemnifies Getdialog against any claims from third parties who suffer damage in connection with the execution of the Agreement and whose cause is attributable to others than Getdialog. If Getdialog is thus addressed by third parties, the Client is obliged to assist Getdialog both outside and in legal proceedings and immediately do all that might be expected of him in that case. Should the Client fail to take adequate measures, Getdialog is entitled, without a notice of default, to proceed on its own. All costs and damages on the part of Getdialog and third parties thereby incurred, shall be fully for the account and risk of the Client.

 

Article 14.          Force Majeure

14.1.     Getdialog cannot be held to fulfill any obligation under the Agreement if performance is prevented due to force majeure at Getdialog or its suppliers. Getdialog also cannot be held liable for any damage resulting from this.

14.2.     Force majeure explicitly includes power outages, internet disruptions, telecommunications infrastructure failures, network attacks (including (D)DoS attacks), malware attacks or other malicious software, civil unrest, death, mobilization, war, terror, strikes, import and export barriers, supply stagnation, fire, and floods.

14.3.     If a force majeure situation lasts longer than 60 days, both Parties have the right to terminate the Agreement immediately in writing, without any obligation of reversal.

Article 15.          Compensation

15.1.     Unless explicitly stated otherwise, all prices mentioned by Getdialog are exclusive of VAT and other government levies. All prices are subject to apparent programming and typographical errors.

15.2.     If a price in a Quote or offer is based on data provided by the Client and this data turns out to be incorrect, Getdialog has the right to adjust the prices accordingly, even after the Agreement has already been established.

15.3.     Getdialog is entitled to increase the prices used in the Agreement at any time. Getdialog will notify the Client of this at least two (2) months in advance. The Client has the right to terminate the Agreement in the event of a price increase, with a notice period of one (1) month, effective from the date the new prices and/or rates would come into effect.

15.4.     Getdialog is entitled to index the prices used in this Agreement annually, during the month of January, according to the consumer price index of the Central Bureau of Statistics, without the possibility for the Client to terminate the Agreement.

15.5.     Prices can also be increased by Getdialog at any time if the rates of its suppliers, such as for electricity, data center, and (public) cloud solutions increase. The foregoing is without the possibility for the Client to terminate the Agreement.

 

Article 16.          Payment

16.1.     The payment term is thirty (30) days after the invoice date. Getdialog reserves the right to invoice amounts due in advance.

16.2.     The Client is in default by operation of law from the due date of the invoice if payment has not been made, without a prior notice of default being required. From that date, Getdialog is entitled to charge the Client the total amount due, plus interest at five (5) percent per month, or, if higher, the statutory commercial interest.

16.3.     In addition to the above, all costs associated with the collection of outstanding receivables – both judicial and extrajudicial (including costs for lawyers, bailiffs, and collection agencies) – are at the expense of the Client. Getdialog is entitled to charge a fee for extrajudicial costs amounting to fifteen (15) percent of the outstanding amount, with a minimum of 250 euros, from the first reminder if desired.

16.4.     Getdialog has the right to suspend the use of the Software and/or temporarily block it if:

a.             the Client revokes the authorization for automatic debit provided;

b.             the Client repeatedly fails to pay the invoices submitted by Getdialog on time;

c.              there is a deterioration in the solvency of the Client that reasonably leads to doubts about the payment ability and creditworthiness of the Client;

d.             abuse or improper use is detected.

16.5.     Getdialog may charge administration costs for blocking and any subsequent unblocking. The Client remains liable for any periodically due amounts during the blocking.

16.6.     Any claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a moratorium on payments, has an overall seizure placed on its assets, goes into liquidation, or is dissolved.

16.7.     The Client is not entitled to offset any payment obligations resting on the Client against any claim on Getdialog for any reason whatsoever.

Article 17.          Amendment of the Agreement

17.1.     After its formation, the Agreement can only be amended with the written consent of both Parties.

17.2.     Any change in name, residence, or business seat, respectively invoice address or legal form must be immediately communicated in writing to Getdialog by the Client. Getdialog may impose additional conditions regarding the acceptance of the consequences of such a change.

17.3.     Getdialog reserves the right to unilaterally change or supplement the General Terms and Conditions. If the Client disagrees with a change in the General Terms and Conditions announced by Getdialog, the Client may make a motivated objection against a change within fourteen (14) days of its announcement. In that case, Getdialog will reconsider whether to implement the change. If Getdialog proceeds with the change, the Client may terminate the agreement effective on the date and up until the moment the change takes effect.

17.4.     Minor changes, changes required by law, and changes in favor of the Client can always be made to the General Terms and Conditions without prior notice or the possibility of objection by the Client.

Article 18.          Transfer of Rights and Obligations

18.1.     The Client is not entitled to transfer the rights and obligations from the Agreement to a third party without the written consent of Getdialog.

18.2.     The Client grants Getdialog the right in advance, without needing the Client’s permission or cooperation, to transfer the Agreement between the Parties in whole or in part to parent, sister, and/or subsidiary companies or a third party in the event of a merger or acquisition. Getdialog will inform the Client as soon as possible if such a transfer has taken place.

 

Article 19.          Exit

19.1.     Unless otherwise agreed, upon termination of the Agreement, the Client is responsible for securing its Client Data in a timely manner (within two (2) weeks from the date the Agreement ends) and migrating it to another system of another service provider if necessary. If the Client requires Getdialog's support in this, Getdialog may charge the Client separately for the reasonably incurred costs.

19.2.     For the cooperation referred to in the previous paragraph, Getdialog will apply its current hourly rate for the Client. All other costs of the transfer to another service provider will also be borne by the Client. The request for cooperation must be submitted in writing to the Client before the date on which the Agreement ends.

Article 20.          Miscellaneous

20.1.     Dutch law applies. Unless otherwise prescribed by mandatory law, all disputes arising from or related to this Agreement will be settled by arbitration in accordance with the Arbitration Rules of the Foundation for the Resolution of Automation Disputes, based in The Hague. This provision does not affect the right of any Party to seek a provisional remedy in (arbitral) summary proceedings, nor does it affect the right of any Party to take conservatory legal measures.

20.2.     All legal claims by the Client under the Agreement are subject to expiration – except as provided by mandatory law – one (1) year after the day on which the obligations under the Agreement became enforceable. This article does not affect the regular limitation period of the claims of Getdialog.

20.3.     The administration of Getdialog is leading, except for proof to the contrary provided by the Client.

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