General Terms: these General Terms & Conditions metricboard.io;
metricboard.io: the user of the General Terms;
Client: the natural or legal person awarding metricboard.io an engagement;
Agreement: the General Terms and any supplementary agreements - whether or not in writing - made between Client and metricboard.io;
2.1 The General Terms are applicable to all offers, quotations and agreements between metricboard.io and Client, respectively its successor, to the extent that parties did not expressly deviate from the General Terms in writing.
2.2 The applicability of any general terms and conditions Client uses is expressly excluded.
2.3 If any provision of these General Terms is null and void or is voided, the other provisions of these General Terms will remain fully in effect and metricboard.io and Client will consult with each other to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provisions will be taken into account as far as possible.
2.4 In the General Terms the term "written" shall include "by e-mail".
2.5 The Dutch version of the General Terms shall prevail over the English translation of the General Terms in case of conflicting interpretations of both versions of the General Terms.
3.1 Client can make free use of the full version of metricboard.io during 30 days, after having registered on metricboard.io's website.
3.2 The Agreement is concluded at the moment of Client's registration on metricboard.io's website.
4.1 Payment should be made within 14 days from date of invoice, unless agreed otherwise.
4.2 Client is in default by operation of law if he fails to pay on time.
4.3 Objections regarding the height of the invoice do not defer the obligation to pay.
4.4 If Client fails to (timely) fulfil its obligations (or is in default), all reasonable costs incurred in obtaining satisfaction out of court shall be at the expense of Client.
4.5 metricboard.io is entitled to block the provided services if metricboard.io has not received payment from Client within two months from date of invoice.
5.1 metricboard.io is entitled to suspend the performance of its obligations or terminate the Agreement if:
5.2 Should the Agreement be terminated, the claims from metricboard.io on Client become due immediately.
6.1 Client is entitled to terminate the Agreement at all times taking into account a one month notice period.
6.2 metricboard.io is entitled to terminate the Agreement at all times taking into account a three month notice period.
7.1 metricboard.io shall only be liable if Client demonstrates that Client suffers or has suffered damages caused by intent or wilful recklessness on the part of metricboard.io. metricboard.io's liability is limited to the amount Client actually paid to metricboard.io in the previous 12 months.
7.2 metricboard.io shall not be liable for consequential damages.
7.3 metricboard.io shall not be liable for damages caused due to the fact that metricboard.io assumed false or incomplete information provided by or on behalf of Client.
8.1 Client is not allowed to use metricboard.io's systems for other purposes than which they are designated for.
8.2 metricboard.io is entitled to block its services immediately and to terminate the Agreement immediately if Client violates the General Terms or any other agreements.
9.1 The Agreement is governed by Dutch law.
9.2 All disputes arising from or relating to the Agreement will fall under the exclusive jurisdiction of the competent court at Zwolle-Lelystad.