Terms & Conditions
Definitions
This website and service are offered to you by Indeson WBC, established in the Prishtina, and registered under number 811320895. Where reference is made to ‘we’ or ‘Indeson WBC’ this refers to Indeson WBC LLC and its main branch.
In these General Terms and Conditions (hereinafter to be referred to as ‘these Terms and Conditions’) of Indeson WBC the terms below will have the following meanings.
- Services: all services to be provided by or on behalf of Indeson WBC.
- Client: any natural person or legal entity with whom or which Indeson WBC is
entering, and/or has entered, into a legal relationship. - Quote: every quote, offer and/or estimate issued by Indeson WBC to the
Client with respect to the provision of any service or product. - Order: a request by the Client to Indeson WBC to enter into an Agreement
with respect of the provision of Services. - Agreement: any agreement and/or other type of legal relationship(s) between
the Parties with regard to the provision of Services, including Quotes
accepted by the Client and Orders accepted by Indeson WBC, any change
thereof or supplement thereto, as well as all (legal) acts relating to the
execution of that Agreement/those Agreements. - Parties / Party: The Client and/or Indeson WBC.
Applicability
- These Terms and Conditions are applicable to all Quotes, Orders and Agreements as well as to the execution of these. These Terms and Conditions can only be deviated from with prior written permission from Indeson WBC or by means of a written agreement about this between Indeson and the Client.
- Indeson WBC reserves the right to change these Terms and Conditions unilaterally. Indeson WBC will notify the Client of such a change in writing or
by e-mail at least 14 days prior to the change.
Obligations on the part of the Client
- The Client is responsible for the information provided to Indeson WBC, the use of the Services, and keeping access to these and the use of these confidential. The Client undertakes to use the Services within the limits of the provisions laid down in the Agreement, these Terms and Conditions and the applicable laws and regulations, including the Personal Data Protection Act (General Data Protection Regulation).
- The Client guarantees that the information provided by it to Indeson WBC is correct in all respects and is not misleading. In the event of any changes to this information the Client will immediately inform Indeson WBC.
- The Client is not allowed to rent or sell the information and Services provided by Indeson WBC (in full or in part), including Online Services and Products, to third parties, to make these available to third parties in some other way, or to commercialize these Indeson WBC’s prior written permission.
Payment and fees
- Invoices are shown in a list of invoices in the Client’s administration environment. On request the invoices will also be sent by e-mail or, where
applicable, by post. - Unless otherwise agreed, payment by the Client must take place on or before the due date shown on the invoice. The Client is not entitled to offset or suspend its payment obligations towards Indeson WBC.
- Unless otherwise agreed, special offers and discounts are one-off only. When renewed by operation of law, every Agreement will be renewed as an Agreement to which no special offers and/or discounts apply.
- If the Client fails to settle the amounts owed by the due date as described in paragraph 4 of this article, Indeson WBC will be entitled to suspend access to all Services with immediate effect and without prior notice. If the Client still fails to settle the outstanding amount after having received a reminder and demand for payment, the Client will be given notice of default and will owe the applicable statutory interest on the outstanding amount and will also be obliged to pay the extrajudicial collection charges. In the event of default, Indeson WBC also reserves the right to terminate the agreement with the Client with immediate effect, without prejudice to the Client’s obligation to fullfil its payment obligations to Indeson WBC.
- Indeson WBC is entitled to adjust the fee(s), prices and rates as per 1 January of each calendar year in accordance with the Consumer Price Index.
Non-disclosure, Non-competition, Intellectual Property
- Indeson WBC undertakes to observe secrecy with regard to all information
relating to the Client of which the Client has explicitly let it be known that
confidentiality is essential for the Client.
• The Client will keep all commercial, strategic and technical information,
knowledge and/or other information that comes to its attention with regard to
Indeson WBC, strictly confidential and will not make statements about this
and/or give third parties insight into this. - Paragraphs 1 and 2 of this article may only be deviated from, if: i) the information was already in the public domain before the Agreement was concluded, ii) prior written permission was obtained from the Party in question for such a specific deviation, iii) that information has to be made public as a result of an authorized order issued for that purpose or court decision, in which case the Party in question will inform the other Party of this beforehand, unless that is prohibited by law, or by virtue of the authorized order or the relevant court decision.
- The Client is not allowed to carry out work on its own account or in collaboration with others or to have others carry out work that competes with the Indeson WBC’s Services Indeson WBC’s explicit prior written permission.
- All intellectual property rights (hereafter: ‘IP rights’) on the Services provided within the framework of the Agreement are vested exclusively in Indeson WBC and/or its licensors. There is nothing in these Terms and Conditions to imply a transfer of IP Rights.
- The provisions laid down in this article will also remain in effect after the termination of the Agreement.
Limitation of liability, relinquishing of guarantee, indemnification
- Indeson WBC does not make any statements and does not give any guarantees of any nature whatsoever with respect to the suitability of the Online Services for any particular purpose or that the use of the Online Services will not violate any patents or copyrights.
- The Client declares that it will not hold Indeson WBC liable with regard to any claim by the Client whatsoever arising from the use of the Services. The Client indemnifies Indeson WBC against any liability or claim by all third parties that arises from or through the use of the Services.
- Every liability of Indeson WBC arising from or in connection with (the execution of) an Agreement with the Client will be limited to the maximum
amount paid out in that case under the liability insurance taken out by Indeson WBC. If, for whatever reason, the above-mentioned insurance does
not give entitlement to a payment or no payment takes place, Indeson WBC’s liability will be limited to no more than the amount invoiced to the Client by Indeson WBC and paid by the Client in the most recent contract year. Indeson WBC is in no way liable for any form of indirect damage or damage arising from the use of its Services. - The limitation of liability in the previous paragraph will lapse if the Client has suffered damage as a result of intent or deliberate recklessness on the part of Indeson WBC.
Personal data protection
- The parties will enter into a data processing agreement in which they lay down their agreements with respect to the exchange and processing of,
aswell as the handling of personal data. - Indeson WBC will process the personal data of the Client and its Users, within the limits of the statutory rules and the objectives of Indeso WBC
and the Client respectively, in a proper, careful and safe manner. Indeson WBC will do so under its own responsibility. - Indeson WBC will process the personal data of Users in accordance with its privacy policy, which is published on the Indeson WBC website
(www.indeson-wbc.com).
Term of the agreement; Termination
- The rights and obligations contained in these Terms and Conditions and the provision of and access to Online Services are transferable to third parties by Indeson WBC without this giving the Client the possibility to dissolve the Agreement. This does not alter the fact that the then title holder must respect and continue the rights and obligations of Indeson WBC arising from the Agreement. The Client is not permitted to transfer the Agreement and/or any of its rights or obligations in this respect, without the Indeson WBC’s explicit prior written permission.
- All amounts owed on account of and/or arising from the Agreement(s) will become immediately payable and due in full, without notice of default being required and without prior intervention of a court, if the Client applies for a suspension of payments or is put into liquidation, or if the Client is a legal entity which is being dissolved. In the above-mentioned cases – in addition to the rights referred to in these Terms and Conditions – Indeson WBC is authorized to terminate the Agreement with immediate effect.
Final stipulations
- If it is established that any of the provisions described in these Terms and Conditions is unlawful, invalid or impracticable, the Parties will try to replace the provision with a provision that is as closely in line with the provision to be replaced as possible. The other provisions of these Terms and Conditions will remain in full force.
- These Terms and Conditions are governed exclusively by Kosovo law.
- Any disputes relating to the Agreement, these Terms and Conditions, or agreements that are entered into pursuant to the Agreement, will be
exclusively submitted to the competent court in Prishtina. - In the event of contrariety between the various documents containing agreements between the Parties, the following order of priority will apply:
- The agreement;
- The data processing agreement;
- These terms and conditions;
- Any additional terms and agreements.
Indeson WBC, October 20, 2021