In these general terms and conditions, the terms included in this article have the following meaning:
- “Client: the natural or legal person who uses the services of PGS Solutions.
- “Services”: the on-line services of PGS Solutions that the client uses.
- “Parties”: PGS Solutions and the client.
- “In writing”: in these general terms and conditions, “in writing” is also understood to mean: by e-mail, by fax or any other means of communication that is consistent with the state of the art and the prevailing views in society. can be stated.
- “Website”: the website www.chemical-label.com that PGS Solutions maintains for its services.
These general terms and conditions apply to all offers and all agreements regarding the services of PGS Solutions.
Provisions that deviate from these general terms and conditions only form part of the agreement concluded between the parties if and insofar as the parties have explicitly agreed in writing.
The possible non-application of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions.
If PGS Solutions at any time fails to demand compliance with what the parties have agreed, this will not affect the right of PGS Solutions to demand compliance at a later time.
The client cannot rely on the fact that the general terms and conditions have not been provided if PGS Solutions has already provided the same general terms and conditions to the client several times (whether or not via the website) and has referred to them.
- Verbal agreements are only binding for PGS Solutions after these have been confirmed in writing by PGS Solutions or as soon as PGS Solutions has commenced the implementation acts with the consent of the client.
- Assignments from the client must be accompanied by a clear, written description of the nature of the assignment.
- Changes to an assignment, once issued in writing, must also be made in writing and must be accompanied by a clear description of the changes. Changes are only binding for PGS Solutions if they have been confirmed by it in writing.
- Additions or changes to the general terms and conditions or other changes or additions to the agreement will only become binding after written confirmation by PGS Solutions.
Engagement of third parties
If and insofar as required for the proper execution of the agreement, PGS Solutions has the right to have certain activities carried out by third parties. All this at the discretion of PGS Solutions.
- PGS Solutions undertakes to maintain confidentiality with regard to all information it has obtained from the client in the context of the conclusion and execution of the agreement and of which it knows or could reasonably have suspected that this information must be treated confidentially. . All this, unless PGS Solutions is obliged by law and / or regulations or a court order to provide the aforementioned information to any third party and PGS Solutions cannot invoke a legal or a right of non-disclosure permitted by the court.
- PGS Solutions will take all reasonable precautions to keep confidential information received from the client secret.
- PGS Solutions guarantees that its personnel and other persons who under its supervision are involved in any way in the implementation of the agreement, will observe the duty of confidentiality as referred to in this article.
- PGS Solutions is permitted to publish about the services and activities it has provided, as well as to reuse methods, etc., provided that the privacy of the client is guaranteed.
Risk of information storage
- PGS Solutions undertakes to ensure careful storage of the data and / or information originating from the client. Unless proven otherwise, PGS Solutions is deemed to have complied with this obligation.
- However, the Client bears the risk with regard to damage or loss of the data or information stored at PGS Solutions or third parties, unless the damage or loss is due to intent and / or deliberate recklessness on the part of PGS Solutions, its management and / or its manager. staff.
Sign up, activate account
- An account will only be active if the client has completed the necessary steps for registration, has correctly and completely filled in all the information requested, and the registration has been accepted by PGS Solutions.
- PGS Solutions reserves the right at all times to refuse an application without stating reasons.
- The client will ensure that the information provided to PGS Solutions upon registration or at any later time is correct and complete. Changes to these data must be communicated by the client to PGS Solutions as soon as possible by adjusting them in the account or by the client by e-mail to PGS Solutions. The client indemnifies PGS Solutions against the consequences arising from the incorrect and / or incomplete information.
- The information provided by the client will be registered by PGS Solutions in accordance with the Personal Data Protection Act for the following 2 purposes: a. Providing the services agreed between the parties; b. informing the client about developments with regard to the website, the services and / or new services.
- The information provided by the client will not be provided by PGS Solutions to any third party without the prior express consent of the client, unless PGS Solutions is obliged by law or regulation or a court decision to provide this information to third parties and PGS Solutions cannot invoke a right of non-disclosure in that context.
General obligations of the client
- The client must ensure that: a. The data and / or information required for the performance of the agreement are always made available to PGS Solutions in the form desired by PGS Solutions and at the times desired by PGS Solutions; b. if the client is not a natural person, a permanent contact person is designated within the client's company who is authorized on behalf of the company to take the decisions and perform actions necessary for the implementation of the agreement; c. the information carriers, electronic files, software, etc. provided by the client to PGS Solutions comply with the agreed specifications and are free of viruses and / or defects.
- The client ensures that the information to be provided is correct and complete. The client indemnifies PGS Solutions against the consequences arising from the incorrect and / or incomplete information.
- The client is responsible for supervising and is personally responsible for the security and confidentiality of his username and password. The client is responsible for the - whether or not permitted - use of his username and password and data arising from his registration and is obliged to immediately inform PGS Solutions of any discovery or suspicion of misuse of his username and password.
- The services provided by PGS Solutions to the client under the agreement may only be used for legal and legitimate purposes. Moreover, these may only be used in such a way that no rights of third parties are infringed, including but not limited to intellectual property rights.
- The client indemnifies PGS Solutions against any claims from third parties that are related to the way in which the client makes use of the services provided by PGS Solutions.
- The client is responsible for the necessary hardware and software, peripherals and connections to enable the use of the service.
- The client is not allowed to: a. to act contrary to net etiquette; b. violate intellectual property rights of third parties; c. to distribute, make accessible and / or offer information with pornographic content, including but not limited to web pages with pornographic images, banners promoting other web pages with such content or the distribution of access codes for the aforementioned websites; d. to engage in so-called “hacking”, including gaining unauthorized access to computer systems, software and / or data of third parties; e. disseminate advertising, messages and / or opinions in a manner that could be qualified as “spamming”; f. via the services of PGS Solutions to encourage or engage in illegal activities or activities that may be harmful to the PGS Solutions server or any other server connected to the internet, including - but not limited to - references to or offering so-called 'pirated' software, 'hacker' programs, archives or 'warez' sites; g. to be guilty of any criminal offense in any other way, including the dissemination and accessibility of information that is contrary to public order or morality or is of a discriminatory nature; h. to behave unlawfully in any way towards PGS Solutions and / or third parties.
- If the obligations referred to in this article are not fulfilled on time, PGS Solutions is entitled to suspend the performance of the agreement until the client has fulfilled these obligations. The costs in connection with the delay or the costs for the performance of extra work or the other consequences arising from this are at the expense and risk of the client.
Duration and end of service
- The service agreement is entered into for 1 (one) year.
- The period of registration is tacitly extended each time by the same period, unless notice is given no later than 1 month before the expiry of the agreed period. In case of late cancellation, the compensation is due for the entire period.
- If PGS Solutions wishes to terminate the agreement, it will observe a notice period of 1 month and inform the client by e-mail of the intended termination.
- If the client acts in violation of his obligations as included in these general terms and conditions, PGS Solutions is entitled to close the client's account immediately - without prior notice and without being obliged to pay any compensation.
Complaints, complaint handling
- Complaints about the service and / or website can be reported by the client to PGS Solutions by letter or e-mail.
- A complaint must be reported to PGS Solutions as soon as possible after the fact that led to the complaint has occurred, stating all information relevant to the complaint, so that PGS Solutions is enabled to investigate this complaint and, if necessary, respond adequately to the complaint. All consequences for not reporting the complaint immediately are at the risk of the client.
- PGS Solutions will send a confirmation of receipt to the client by e-mail within 5 working days of receipt of the complaint, in which it will inform the client about the further complaint handling.
- PGS Solutions performs its duties as may be expected of a company in its industry, but does not accept any liability for damage, including death and personal injury, consequential damage, business interruption, loss of profit and / or stagnation damage, which is the result acts or omissions of PGS Solutions, its personnel or third parties engaged by it, unless mandatory legal provisions dictate otherwise.
- The limitations of liability included in this article do not apply if the damage is due to intent and / or deliberate recklessness on the part of PGS Solutions, its management and / or its managerial staff.
- Without prejudice to the provisions of the other paragraphs of this article, the liability of PGS Solutions, for whatever reason, is limited to the invoice amount for the services provided.
- Without prejudice to the provisions of the other paragraphs of this article, liability is at all times limited to a maximum of the amount of the payment to be made by the insurer of PGS Solutions in the appropriate case, insofar as PGS Solutions is insured for this.
- Even in the event that PGS Solutions is unable to provide the agreed online services, PGS Solutions cannot be held liable, except when non-delivery of the relevant online services is the result of a serious attributable shortcoming attributable to PGS Solutions that occurs within the spheres of influence of PGS Solutions. The availability of the internet depends on the internet itself, the service provider of PGS Solutions and the telecommunications supplier of PGS Solutions. The availability of the online services is therefore beyond the sphere of influence and responsibility of PGS Solutions, so that PGS Solutions will not accept any liability in this respect.
- PGS Solutions is dependent on its providers for the maintenance and accessibility of the website. PGS Solutions will make every effort to rectify any malfunctions in access to the website and / or the use of the website as soon as possible, but can - although PGS Solutions strives to do this - within reason. for uninterrupted availability of the website, correct and undamaged data transmission, the complete reliability and unhackability of the website and / or the service.
- PGS Solutions has the right at all times to put the website out of use temporarily for the purpose of rectifying a malfunction or performing maintenance work on or adjusting the website.
- The client loses his rights towards PGS Solutions, is liable for all damage and indemnifies PGS Solutions against any claim from third parties with regard to compensation if and insofar as: a. The client fails PGS Solutions within 7 days after the discovery of any defect or after the time at which the defect in question could reasonably have been discovered, informed PGS Solutions of the existence of the defect in question by registered letter addressed to it, in order to be able to start an investigation; b. the aforementioned damage was caused by incompetent use of the services by the client and / or contrary to instructions, advice, manuals or user manuals from PGS Solutions; c. the aforementioned damage was caused by errors, incompleteness or inaccuracies in data provided to PGS Solutions by or on behalf of the client; d. the aforementioned damage was caused by instructions from or on behalf of the client to PGS Solutions; e. The aforementioned damage has arisen because the client himself or a third party has carried out operations or work on the delivered items on the instructions of the client, without the prior written consent of PGS Solutions.
Intellectual property rights
- PGS Solutions or its licensor is and remains the rightful claimant to all intellectual property rights vested in or related to or pertaining to the services provided by PGS Solutions and the underlying documents or software produced by PGS Solutions or the licensor. All this, unless the parties have explicitly agreed otherwise in writing.
- The exercise of the rights stated in the previous paragraph of this article are explicitly and exclusively reserved to PGS Solutions or its licensor, both during and after the execution of the agreement.
- PGS Solutions is permitted to take technical measures to protect its rights.
Force of the majority
- In case of force majeure, PGS Solutions is entitled to dissolve the agreement or to suspend the fulfillment of its obligations towards the client for a reasonable period without being obliged to pay any compensation.
- In the context of these general terms and conditions, force majeure is understood to mean: a non-attributable shortcoming on the part of PGS Solutions, third parties or providers engaged by it or any other important reason on the part of PGS Solutions.
- In case of force majeure when the agreement has been partially executed, the client is obliged to fulfill his obligations towards PGS Solutions up to that moment.
- Circumstances in which there will be force majeure will include: war, riots, mobilization, domestic and foreign riots, government measures, strike and exclusion by employees of PGS Solutions or threat of these etc. circumstances, disruption of the existing currency ratios, operational disruptions due to fire, natural phenomena, etc. as well as internet or electricity disruptions or defects in computers or other equipment of PGS Solutions required for the provision of services.
Bankruptcy, lack of power of disposition, etc.
- Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the client and PGS Solutions will be dissolved without judicial intervention and without any notice of default being required at the time when the client: a. declared; b. applies for (provisional) suspension of payment; c. is affected by enforceable seizure; d. is placed under guardianship or administration; e. otherwise loses the power of disposition or legal capacity with regard to his assets or parts thereof.
- The provisions of paragraph 1 of this article apply unless the trustee or administrator recognizes the obligations arising from the agreement as debt of the estate.
- The client relinquishes all rights to dissolution of the agreement pursuant to Article 6: 265 ff. Of the Dutch Civil Code or other statutory provisions, unless mandatory legal provisions dictate otherwise. All this applies subject to the right to cancel or terminate the agreement pursuant to this article.
- In the context of these general terms and conditions, cancellation is understood to mean: the termination of the agreement by one of the parties before the start of the execution of the agreement.
- In the context of these general terms and conditions, termination is understood to mean: the termination of the agreement by one of the parties after the implementation of the agreement has commenced.
- The client is liable to third parties for the consequences of the cancellation or termination and indemnifies PGS Solutions in this respect.
- Amounts already paid by the client are non-refundable.
- The provisions in this article apply to all cancellations and / or terminations insofar as the parties have not expressly agreed in writing on other cancellation or termination provisions in any agreement.
Applicable law / competent court
- The agreement concluded between PGS Solutions and the client is exclusively governed by Dutch law. Disputes arising from this agreement will also be settled under Dutch law.
- Any disputes will be settled by the competent Dutch court, albeit that PGS Solutions has the authority to bring a case before the competent court in the place where PGS Solutions is established, unless the subdistrict court has jurisdiction in the matter.
- With regard to disputes arising from the agreement concluded with a counterparty established outside the Netherlands, PGS Solutions is entitled to act in accordance with the provisions of paragraph 2 of this article or - at its option - to bring the disputes before the competent court in the country or state where the other party is established.
While using any of labels displayed on our website, you agree that you are responsible for all content provided. It is up to you to research the accuracy of the labels to ensure legitimacy and quality. By agreeing to these terms as a user, you accept that PGS Solutions is in no way liable for any problems or legal action that arises from the use of our site-generated label or documents. Date: June 8, 2020