General Terms and Conditions

General Terms and Conditions JB-Tag Solutions

Private company JB-Tag Solutions B.V. (hereinafter: JB-Tag Solutions) is registered with the Chamber of Commerce under number 92496806 and is located at Ampère 10 (7942DD) in Meppel.

Article 1 - Definitions

In these general terms and conditions, the following terms are used with the meanings assigned to them below unless expressly stated otherwise.
Application: the developed application for the Rented Item to track the number of times the game system has been used.
Offer: any offer or quotation to the Customer to perform Services by JB-Tag Solutions.
Services: the services offered by JB-Tag Solutions include the rental of the Rented Item based on Usage Fees measured by the Application, as well as the installation, assembly, and delivery of game systems.
Rented Item: the movable property rented out by JB-Tag Solutions which are game systems and always remain the property of JB-Tag Solutions.
JB-Tag Solutions: the service provider offering Services to the Customer.
Customer: the natural or legal person who does or does not act in the exercise of profession or business who has appointed JB-Tag Solutions, projects have been granted to JB-Tag Solutions for Services performed by JB-Tag Solutions, or to whom JB-Tag Solutions has made a proposal based on an Agreement.
Agreement: any Agreement and other obligations between the Customer and JB-Tag Solutions, as well as proposals from JB-Tag Solutions for Services provided by JB-Tag Solutions to the Customer and accepted by the Customer and performed by JB-Tag Solutions, which form an inseparable whole with these general terms and conditions.
Usage Fees: the number of times the game system has been used and is eligible for compensation.

Article 2 - Applicability

These general terms and conditions apply to every Offer from JB-Tag Solutions, every Agreement between JB-Tag Solutions and the Customer, and every Service offered by JB-Tag Solutions.
Before an Agreement is concluded, the Customer will receive these general terms and conditions. If this is not reasonably possible, JB-Tag Solutions will indicate to the Customer how the general terms and conditions can be viewed.
Deviation from these general terms and conditions is not possible. In exceptional situations, deviations from the general terms and conditions are possible insofar as this has been expressly and in writing agreed with JB-Tag Solutions.
These general terms and conditions also apply to additional, amended, and follow-up assignments from the Customer.
The general terms and conditions of the Customer are excluded.
If one or more provisions of these general terms and conditions are partially or entirely void or annulled, the remaining provisions of these general terms and conditions will remain in force, and the void/annulled provision(s) will be replaced by a provision with the same intent as the original provision.
Ambiguities about the content, explanation, or situations not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
The applicability of articles 7:404 BW and 7:407 paragraph 2 BW is expressly excluded.
References to 'she/her' in these general terms and conditions should also be understood as references to 'he/him/his' where applicable.
If JB-Tag Solutions has not always demanded strict compliance with these general terms and conditions, it retains its right to demand complete or partial compliance with these general terms and conditions.

Article 3 - The Offer

All offers made by JB-Tag Solutions are non-binding unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
JB-Tag Solutions is only bound by an Offer if it is confirmed in writing by the Customer within 30 days. Nevertheless, JB-Tag Solutions has the right to refuse an Agreement with a (potential) Customer for a valid reason.
The Offer contains an accurate description of the Services and the Rented Item offered with corresponding prices. The description is sufficiently detailed for the Customer to make a proper assessment of the Offer. Apparent errors or mistakes in the Offer cannot bind JB-Tag Solutions. Any images and specific data in the Offer are indicative and cannot be a reason for compensation or the dissolution of the Agreement (remotely). JB-Tag Solutions cannot guarantee that the colors in the image exactly match the real colors of the Rented Item.
Offers or quotations do not automatically apply to follow-up orders.
Delivery times in JB-Tag Solutions' Offer are indicative and do not entitle the Customer to dissolution or compensation if exceeded unless explicitly agreed otherwise.

Article 4 - Conclusion of the Agreement

The Agreement is concluded when the Customer has accepted an Offer or Agreement from JB-Tag Solutions by returning a signed copy (scanned or original) to JB-Tag Solutions or giving explicit and unequivocal approval to the Offer by email.
JB-Tag Solutions has the right to revoke the (signed) Agreement within 5 working days of receiving acceptance.
JB-Tag Solutions is not bound by an Offer if the Customer could reasonably have expected or should have understood that the Offer contains an apparent mistake or typographical error. The Customer cannot derive any rights from this mistake or typographical error.
The right of withdrawal is excluded for the Customer.

Article 5 - Duration of the Agreement

The Agreement is entered into for a specified period and is automatically renewed for the same period unless the Customer terminates the Agreement in writing two months before the end of the current period.
Both the Customer and JB-Tag Solutions can terminate the Agreement due to an attributable failure in the performance of the Agreement if the other party has been given written notice of default and a reasonable period has been given to comply with its obligations, and it still fails to fulfill its obligations correctly. This also includes the Customer's payment and cooperation obligations.
The dissolution of the Agreement does not affect the Customer's payment obligations insofar as JB-Tag Solutions has already performed Services or delivered performances at the time of dissolution. The Customer must pay the agreed fee.
In case of premature termination of the Agreement, the Customer is liable for all costs arising from the Offer/Agreement, including all projected income that could have been generated until the end of the Agreement term. The calculation for projected income is as follows: all uses of the system measured by the Application since the Agreement was entered into divided by the number of months multiplied by the number of months remaining until the end of the Agreement.
Both the Customer and JB-Tag Solutions can terminate the Agreement in writing with immediate effect without further notice if one of the parties is in suspension of payments, bankruptcy has been filed, or the relevant company is liquidated. If such a situation occurs, JB-Tag Solutions is never obliged to refund already received funds and/or compensation.

Article 6 - Execution of Services

JB-Tag Solutions will make every effort to perform the agreed service with the greatest possible care as may be expected of a good service provider. JB-Tag Solutions guarantees a professional and independent service. All Services are performed on a best-efforts basis unless a result has been explicitly agreed upon in writing.
The Agreement based on which JB-Tag Solutions performs the Services is leading for the scope and extent of the service provision. The Agreement will only be executed for the benefit of the Customer. Third parties cannot derive any rights from the content of the performed Services concerning the Agreement.
The execution of the Services is based on the information provided by the Customer during the intake interview. Parties will come to a plan of approach/planning in consultation with input from JB-Tag Solutions. The information and data provided by the Customer are the basis on which the Services offered by JB-Tag Solutions and the prices are based. JB-Tag Solutions has the right to adjust its service provision and prices if the provided information proves to be incorrect and/or incomplete.
In performing the Services, JB-Tag Solutions is not obliged or required to follow the instructions of the Customer if this changes the content or scope of the agreed Services. If the instructions result in additional Services for JB-Tag Solutions, the Customer is obliged to reimburse the additional costs accordingly based on a new quotation.
JB-Tag Solutions is entitled to engage third parties at its discretion for the performance of the Services.
JB-Tag Solutions has the right to have certain Services performed by third parties at its discretion. Communication with third parties engaged by JB-Tag Solutions runs exclusively via JB-Tag Solutions.
If the nature and duration of the assignment so require, JB-Tag Solutions will keep the Customer informed of the progress through the agreed means.
The execution of the Services is based on the information provided by the Customer. If the information needs to be changed, this may affect any agreed schedule. JB-Tag Solutions is never liable for adjusting the schedule. If the start, progress, or completion of the Services is delayed because, for example, the Customer has not provided all requested information on time, has not provided sufficient cooperation, a deposit has not been received on time by JB-Tag Solutions, or there are other circumstances which are at the risk and expense of the Customer, JB-Tag Solutions is entitled to a reasonable extension of the (delivery) term. This also includes the extension of a previous appointment. All damages and additional costs resulting from delay due to a cause as mentioned above are for the account and risk of the Customer.
If the Services are suspended at the request of the Customer, the Customer is obliged to pay the immediately due fee for the Services already performed and costs incurred at the first request of JB-Tag Solutions. In addition, JB-Tag Solutions is entitled to charge all costs resulting from the suspension to the Customer (including reserved hours).
If, after the suspension period, the execution of the Agreement cannot be resumed, JB-Tag Solutions is entitled to terminate the Agreement directly without judicial intervention by means of a written statement to the Customer. In the event of resumption of the execution of the Agreement, the Customer is obliged to fully reimburse all costs resulting from this resumption to JB-Tag Solutions.

Article 7 - Obligations of the Customer

The Customer is obliged to provide all requested information, including relevant attachments and related information and data, to JB-Tag Solutions in a timely manner and/or before the start of the Services in the desired form for proper and efficient execution of the Agreement. Failing this, it may occur that JB-Tag Solutions is not able to fully execute and/or deliver the relevant documents. The consequences of such a situation are always at the expense and risk of the Customer.
JB-Tag Solutions is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Customer regarding information that has changed over time, nor is JB-Tag Solutions responsible for the accuracy and completeness of the information compiled by JB-Tag Solutions for third parties and/or provided to third parties in the context of the Agreement.
JB-Tag Solutions may, if necessary for the execution of the Agreement, request additional information. Failing this, JB-Tag Solutions is entitled to suspend its Services until the information has been received without being liable for any compensation to the Customer. In case of changed circumstances, the Customer must notify JB-Tag Solutions immediately or no later than 3 working days after the change has become known.
The Customer is obliged to ensure that: a. All necessary information, data, and documents for the execution of the Agreement (including but not limited to maps, drawings, overviews, home connections, and more) are provided to JB-Tag Solutions in a timely manner and in the desired manner; b. JB-Tag Solutions has access to the location on the agreed dates and times, which location complies with the applicable legal (safety) requirements and working conditions (whether or not in accordance with the CAO). Failing this, JB-Tag Solutions is entitled to suspend its Services as long as these requirements are not met without being liable for any (delay) damage; c. The third parties engaged by the Customer perform their Services and/or deliveries in such a way that JB-Tag Solutions does not experience any delay or hindrance in the execution of the Agreement and/or Services; d. JB-Tag Solutions has timely access to sufficient opportunities for the supply, storage, and/or removal of materials and/or tools; e. JB-Tag Solutions has timely access to any required scaffolding, edge, and fall protection, and more, which must be provided by the Customer unless otherwise expressly agreed in writing by the parties; f. The location is in such a state that JB-Tag Solutions can perform and/or continue its Services without hindrance; g. JB-Tag Solutions has access to electricity connection facilities at the location. The Customer must reimburse the costs thereof.
If the Customer does not timely meet the obligations mentioned in this article, JB-Tag Solutions is entitled to suspend the execution of the Agreement until the Customer has fulfilled its obligations. The costs associated with the delay and/or the costs of performing additional Services and/or other consequences resulting from this will be at the expense and risk of the Customer.
If the Customer does not fulfill its obligations and JB-Tag Solutions fails to demand compliance from the Customer, this does not affect the right of JB-Tag Solutions to demand compliance at a later time.
If the Parties have agreed to the delivery and/or production of personalized items, the Customer is responsible for timely and correct submission of the content as well as the final inspection of the personalized items. If any errors are found in the personalized items after the Customer's inspection, the correction costs will be borne by the Customer. Only for items for which this is expressly stated in writing to the Customer does the Customer become the owner of the personalized items after payment of the invoice.

Article 8 - Usage Instructions for the Rented Item

The Customer is obliged to use the Rented Item properly and for its intended purpose under the Agreement.
The Customer has an independent responsibility for the management and use of the goods delivered by JB-Tag Solutions.
Subletting is prohibited unless the Customer has explicit written permission from JB-Tag Solutions to sublet the Rented Item to third parties.
In the event of subletting, the Customer is liable in the same manner as agreed for own use in these terms and conditions for the use by this third party.
The Customer is obliged to use the Rented Item in such a way that it does not cause any inconvenience or nuisance in any form to JB-Tag Solutions, neighbors, or the wider environment due to or by means of the Customer and the Rented Item.
The Rented Item may not be moved without the written consent of JB-Tag Solutions. Any damage caused by moving performed other than by or on behalf of JB-Tag Solutions is at the expense of the Customer.
The Customer is obliged to take timely appropriate measures to prevent damage to or by the Rented Item due to frost, precipitation, storm, other weather conditions, short circuit, fire, leakage, etc.
It is prohibited for the Customer to change or add to the design or appearance of the Rented Item in whole or in part without prior written permission from JB-Tag Solutions. JB-Tag Solutions is only obliged to cooperate if these changes are necessary for the efficient use of the Rented Item. JB-Tag Solutions has the right to attach conditions to the granting of written permission or to impose a charge, including an increase in the rent price if the changes and additions give reasonable cause for this.
Changes and additions made or taken over by the Customer do not form part of the Rented Item and must be undone or removed by the Customer before or at the end of the Agreement unless otherwise agreed in writing by the parties after granting written permission by JB-Tag Solutions.
The Customer is obliged to make the Rented Item available to JB-Tag Solutions clean and deliver it in accordance with the Agreement at the end of the rental period. If the Rented Item is not clean, JB-Tag Solutions is entitled to charge the cleaning costs to the Customer unless otherwise agreed in writing.
The Customer has no claim to any compensation for unjust enrichment of JB-Tag Solutions or any third party in connection with changes made or taken over by the Customer to the Rented Item and additions to the Rented Item that, for any reason, have not been undone or removed at the end of the Agreement unless explicitly agreed otherwise in writing.
The Customer is obliged to offer the Rented Item to its customers during opening hours.

Article 9 - Use and Maintenance of the Application

JB-Tag Solutions makes the agreed and developed Application available to the Customer for use during the term of the Agreement based on a user license in connection with the Rented Item. The right to use the Application is non-exclusive, non-transferable, non-pledgeable, and non-sublicensable and is subject to these terms and conditions.
The Customer is obliged to report any defects, errors, or other malfunctions in the Application to JB-Tag Solutions in writing, after which JB-Tag Solutions will, in accordance with its usual procedures, remedy the errors and/or make improvements to the best of its ability. If desired, JB-Tag Solutions is entitled to first implement temporary solutions, after which a structural solution can be devised and implemented in consultation with the Customer.
The Customer is obliged to provide its cooperation at the first request of JB-Tag Solutions.
Despite the agreed maintenance obligations of JB-Tag Solutions, the Customer has an independent responsibility for the management and use of the Application.
For maintenance purposes, JB-Tag Solutions is authorized to, among other things, check (data) files for computer attacks, computer viruses, and unsafe and/or illegal actions, as well as perform other actions necessary for maintenance. The Customer is also responsible for the instructions to and the use of the Application by third parties engaged by the Customer.
Maintenance includes, in principle, the following aspects: (i) corrective, (ii) preventive, and (iii) adaptive maintenance. In the event of corrective, preventive, and/or adaptive maintenance, JB-Tag Solutions is entitled to (temporarily) take the Application completely or partially out of service. The Customer has no right to any compensation during this interruption. JB-Tag Solutions will carry out the interruption as much as possible outside office hours and not longer than necessary for maintenance.
JB-Tag Solutions is entitled to make changes to the technology of the data network or telecommunications network and other changes to the services offered by JB-Tag Solutions. These changes may possibly affect the peripherals used by the Customer, for which JB-Tag Solutions cannot be held liable for any compensation.
The Customer shall never attempt to hack the Application, apply reverse engineering, or perform other actions that could negatively influence the Usage Fees. If the Customer infringes upon the aforementioned, the Customer will receive a fine of 5,000 euros per day.

Article 10 - Obligations of JB-Tag Solutions for Renting the Rented Item

JB-Tag Solutions will execute the Agreement to the best of its knowledge and ability and is obliged to make the Rented Item available to the Customer as far as it is necessary for the agreed use. Inadequate use (at the discretion of JB-Tag Solutions) of the Rented Item entitles JB-Tag Solutions to terminate the contract and retrieve the Rented Item.
JB-Tag Solutions will deliver the Rented Item in good condition and without any defects perceptible to an expert unless maintenance defects and/or other defects are mentioned.
If and insofar as good performance of the Agreement requires it, JB-Tag Solutions has the right to have certain Services performed by third parties at its discretion.

Article 11 - Delivery of the Rented Item

The Customer is obliged to take delivery of the Rented Item at the moment it is made available to them according to the Agreement, even if it is offered earlier or later than agreed.
If the start, progress, or (delivery) of the Agreement is delayed because, for example, the Customer has not provided all requested information on time, has not provided sufficient cooperation, a deposit has not been received on time by JB-Tag Solutions, or there are other circumstances beyond the control of JB-Tag Solutions, JB-Tag Solutions has the right to a reasonable extension of the (delivery) term. All agreed (delivery) terms are never fatal terms. The Customer must give JB-Tag Solutions written notice of default and allow a reasonable period to still (deliver). The Customer has no right to any compensation due to the delay caused.
If the Customer refuses acceptance or is negligent in providing information or instructions necessary for the delivery, JB-Tag Solutions is entitled to store the items at the expense and risk of the Customer.
If the agreed items are delivered by JB-Tag Solutions or an external carrier, JB-Tag Solutions is entitled to charge delivery costs unless otherwise agreed in writing.
If JB-Tag Solutions requires data from the Customer in the context of the execution of the Agreement, the delivery time will not commence until the Customer has made all the data necessary for the execution available to JB-Tag Solutions.
If JB-Tag Solutions has specified a term for delivery, this is indicative.
JB-Tag Solutions is entitled to deliver the items in parts unless otherwise agreed in the Agreement or if the partial delivery has no independent value. JB-Tag Solutions is entitled to invoice the delivered items separately.
Any defects or incorrectly delivered items must be reported to JB-Tag Solutions in writing within 48 hours of delivery. In case of damage to the Rented Item due to careless handling by the Customer, the Customer is liable for any depreciation of the Rented Item.
The Customer is deemed to have received the Rented Item in good condition and is obliged to return the Rented Item in good condition. If it appears from examination at or after return that the returned item is not in good condition, the Customer is obliged to compensate JB-Tag Solutions for the repair costs and any other damages. The Customer is always liable for all damage to and/or caused by the Rented Item during all transports carried out by or on behalf of the Customer.

Article 12 - Defects of the Rented Item

JB-Tag Solutions guarantees that the Rented Item complies with the Agreement as concluded between the parties.
JB-Tag Solutions is obliged to remedy defects at the request of the Customer unless this is impossible or the costs of remedying the defects cannot reasonably be demanded of JB-Tag Solutions.
Any damage and any loss must be reported to JB-Tag Solutions immediately, but no later than within 48 hours. If agreed, JB-Tag Solutions will take care of further handling of the damage and/or repair of the damage. The Customer is obliged to follow the instructions of JB-Tag Solutions.

The Customer is liable for the following costs and damages and indemnifies JB-Tag Solutions:
- Damage due to the loss of the Rented Item and/or the associated documents;
- Damage that, for whatever reason, is not covered by the Customer's insurance company;
- Damage due to careless handling by the Customer.
Defects in changes and additions made or taken over by the Customer, and defects resulting from these changes or additions to the Rented Item and harmful consequences for the Rented Item, JB-Tag Solutions, or third parties, are not considered defects of the Rented Item as referred to in article 7:204 BW and give the Customer no claim against JB-Tag Solutions. The Customer is liable for defects resulting from these changes or additions to the Rented Item and harmful consequences for the Rented Item, JB-Tag Solutions, or third parties. The Customer will indemnify JB-Tag Solutions against any claims from third parties against JB-Tag Solutions in connection therewith.
Invisible defects are defects that the Customer did not discover during a thorough inspection of the Rented Item and reasonably could not have discovered and must be reported in writing to JB-Tag Solutions immediately after discovering the defect.

Article 13 - Additional Services and Changes

If during the execution of the Agreement it becomes apparent that the Agreement needs to be adjusted or additional Services are necessary at the request of the Customer to achieve the desired result of the Customer, the Customer is obliged to compensate these additional Services according to the agreed rate. JB-Tag Solutions is not obliged to comply with this request and may require that a separate Agreement be concluded for this purpose and/or refer to a competent third party.
If a fixed price has been agreed for the Services, JB-Tag Solutions will inform the Customer of the additional costs or financial consequences of the additional work.
If a fixed price has been agreed for the performance of certain Services and the performance of those Services leads to additional Services that cannot reasonably be considered included in the fixed price, or the price needs to be increased due to incorrect data provided by the Customer that is relevant for the price determination (unless JB-Tag Solutions should have discovered the incorrectness of the data before determining the price), JB-Tag Solutions is entitled to charge these costs to the Customer after consultation with the Customer.

Article 14 - Prices and Payment

All prices are in principle exclusive of value-added tax (VAT) unless otherwise agreed. During the validity period of the Offer, the prices of the offered items will not be increased, except in the case of changes in VAT rates.
JB-Tag Solutions invoices based on the Usage Fees from the Application in arrears. All data from the Application are leading, and the Customer will not dispute this data.
If agreed, travel time for the Customer and travel-related costs will be charged to the Customer.
The Customer is obliged to fully reimburse the costs of third parties engaged by JB-Tag Solutions after the Customer's approval unless expressly agreed otherwise.
The Customer cannot derive any rights or expectations from a budget issued in advance unless the parties have expressly agreed otherwise.
JB-Tag Solutions is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates (CPI index). JB-Tag Solutions must indicate this at least 90 days before the contract renewal. Other price changes during the Agreement are only possible if and insofar as they are expressly stated in the Agreement.
The Customer must pay these costs in one go without set-off or suspension within the specified payment term as stated on the invoice to the disclosed account number and details of JB-Tag Solutions.
In the event of liquidation, insolvency, bankruptcy, involuntary liquidation, or request for payment against the Customer, the payment and all other obligations of the Customer under the Agreement are immediately due and payable.
The prices stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance, and any levies and taxes.
JB-Tag Solutions may require a deposit from the Customer. The amount will be agreed upon later. This deposit serves as security for all amounts the Customer will owe to JB-Tag Solutions under this Agreement. At the end of the Agreement, JB-Tag Solutions will determine the amount of its claim as soon as possible and, after any set-off of its claim with the deposit (or the remainder thereof), pay the Customer. If the damage amount is higher than the deposit, the Customer will still owe the remaining amount to JB-Tag Solutions.

Article 15 - Collection Policy

If the Customer does not fulfill its payment obligation and has not met its obligation within the payment term of 14 days, the Customer is in default by operation of law.
From the date the Customer is in default, JB-Tag Solutions is entitled without further notice to the statutory commercial interest from the first day of default until full payment and compensation for extrajudicial costs in accordance with article 6:96 BW calculated according to the scale from the decision on compensation for extrajudicial collection costs of 1 July 2012.
If JB-Tag Solutions has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Also, the integral legal and execution costs are at the expense of the Customer.
If the Customer does not fulfill its payment obligation, JB-Tag Solutions is entitled to disable the Rented Item remotely.

Article 16 - Warranty

JB-Tag Solutions guarantees that the Rented Item complies with the Agreement, the specifications stated in the Offer, usability, and/or soundness, and the legal rules/regulations at the time of the conclusion of the Agreement.

Article 17 - Privacy, Data Processing, and Security

JB-Tag Solutions handles the (personal) data of the Customer with care and will only use it in accordance with applicable standards. If requested, JB-Tag Solutions will inform the data subject about this.
The Customer is responsible for processing data processed using a JB-Tag Solutions service. The Customer also guarantees that the content of the data is not unlawful and does not infringe any third-party rights. In this context, the Customer indemnifies JB-Tag Solutions against any (legal) claim related to these data or the execution of the Agreement.
If JB-Tag Solutions is required to provide information security under the Agreement, this security will meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 18 - Suspension and Termination

JB-Tag Solutions is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Customer does not fully or timely fulfill the (payment) obligations under the Agreement.
Moreover, JB-Tag Solutions is entitled to terminate the Agreement between it and the Customer without judicial intervention if the Customer fails to timely or properly fulfill the obligations under any Agreement concluded with JB-Tag Solutions. JB-Tag Solutions is not liable for any damage resulting from the suspension of its Services.
Furthermore, JB-Tag Solutions is entitled to terminate the Agreement without prior notice if circumstances arise that are of such a nature that compliance with the Agreement is impossible or cannot reasonably be demanded, or if other circumstances arise that are of such a nature that unaltered continuation of the Agreement cannot reasonably be expected.
If the Agreement is terminated, the claims of JB-Tag Solutions against the Customer are immediately due and payable. If JB-Tag Solutions suspends the fulfillment of the obligations, it retains its rights under the law and the Agreement.
Upon termination of the Agreement, the Customer immediately loses the right to use the Rented Item.
JB-Tag Solutions is entitled to reclaim all property when the Agreement is terminated.
JB-Tag Solutions always retains the right to claim compensation.

Article 19 - Force Majeure

JB-Tag Solutions is not liable if it cannot fulfill its obligations under the Agreement due to a force majeure situation.
Force majeure on the part of JB-Tag Solutions includes, but is not limited to: (i) force majeure of suppliers of JB-Tag Solutions, (ii) failure to properly fulfill obligations of suppliers recommended or prescribed to JB-Tag Solutions by the Customer or its third parties, (iii) deficiencies of software or any third parties involved in the execution of the service, (iv) government measures, (v) disruption of electricity, internet, data network, and/or telecommunications facilities, (vi) illness of employees of JB-Tag Solutions or third parties engaged by it, and (vii) other situations that, in the opinion of JB-Tag Solutions, are beyond its control and temporarily or permanently prevent the fulfillment of its obligations.
In the case of force majeure, both parties have the right to terminate the Agreement in whole or in part. All costs incurred before the termination of the Agreement will be paid by the Customer. JB-Tag Solutions is not obliged to compensate the Customer for any losses caused by such revocation.

Article 20 - Limitation of Liability

If a result that is laid down in the Agreement is not achieved, a shortcoming of JB-Tag Solutions is only deemed to exist if JB-Tag Solutions has explicitly promised this result when accepting the Agreement.
In the case of an attributable shortcoming of JB-Tag Solutions, JB-Tag Solutions is only obliged to pay any compensation if the Customer has given JB-Tag Solutions written notice of default within 14 days after discovering the shortcoming and JB-Tag Solutions has not rectified this shortcoming within a reasonable period. The notice of default must be submitted in writing and must contain such an accurate description/substantiation of the shortcoming that JB-Tag Solutions is able to respond adequately.
If the provision of Services by JB-Tag Solutions leads to liability of JB-Tag Solutions, this liability is limited to the total amount that is invoiced under the Agreement but only concerning the direct damage suffered by the Customer unless the damage is caused by intent or recklessness close to intent on the part of JB-Tag Solutions. Direct damage is understood to mean: reasonable costs incurred to prevent or limit direct damage, determining the cause of the damage, the direct damage, liability, and the manner of repair.
JB-Tag Solutions expressly excludes all liability for consequential damage. JB-Tag Solutions is not liable for indirect damage, business damage, loss of profit, and/or suffered loss, missed savings, damage due to business stagnation, loss of assets, delay damage, interest damage, and immaterial damage.
The Customer indemnifies JB-Tag Solutions against all claims from third parties as a result of a defect due to a service provided by the Customer to a third party and partly consisted of Services provided by JB-Tag Solutions unless the Customer can prove that the damage is exclusively caused by the service of JB-Tag Solutions.
In the case of dimensioning, JB-Tag Solutions is not liable for consequential damage, including ordering incorrect and/or errors in materials, making measurements. The Customer and/or the contractor who is ultimately responsible for executing the Services and/or assignment must perform a final check and is responsible for this final check.
If the (consequences) of defective execution of the work are due to defects or unsuitability of items provided by the Customer, the consequences are at the Customer's expense unless JB-Tag Solutions has breached its duty to warn or otherwise failed in expertise or care concerning these defects. JB-Tag Solutions is also not liable for the premature use of a part or the entire work by the Customer.
The Customer is liable for damage to the work as a result of Services or deliveries performed by third parties engaged by it. Also, damage resulting from the use of materials prescribed by the Customer and/or execution of a design provided by the Customer is entirely at the expense and risk of the Customer.
The Customer is liable for all damage to the Rented Item unless the Customer proves that neither it nor persons for whom it is responsible and/or liable to JB-Tag Solutions, including its staff, are to blame for the damage.
JB-Tag Solutions is not liable for damage as a result of the use of the Rented Item.
JB-Tag Solutions is not liable for any damage to the Customer arising from not making the Rented Item available on time unless the late provision of the Rented Item to the Customer is due to intent or gross negligence on the part of JB-Tag Solutions.
JB-Tag Solutions is never liable for improper use of the Rented Item outside its control during the rental period by the Customer.
If damage occurs during the rental period, the Customer is obliged to compensate for all damage if it is not covered by the warranty and/or JB-Tag Solutions cannot (have) the damage repaired free of charge.
If the Customer unlawfully retains the Rented Item after the end of the Agreement, JB-Tag Solutions can claim compensation based on the rental price for the time it misses the rented item.
JB-Tag Solutions does not guarantee the correct and complete transmission of the content of and by/on behalf of JB-Tag Solutions sent emails nor the timely receipt thereof.
All claims of the Customer for shortcomings on the part of JB-Tag Solutions expire if these are not reported in writing and motivated to JB-Tag Solutions within 2 months after the Customer was or could reasonably have been aware of the facts on which it bases its claims. The liability of JB-Tag Solutions expires two months after the termination of the Agreement between the parties.

Article 21 - Intellectual Property Rights

The Customer is expressly prohibited from infringing the intellectual property rights of JB-Tag Solutions as well as the good name of JB-Tag Solutions. All intellectual property rights and copyrights of JB-Tag Solutions, including the graphical designs, texts, photos, ideas, and the like shown (on the website) relating to the Service, are exclusively owned by JB-Tag Solutions and are expressly not transferred to the Customer. This applies to both the website and other media channels such as Facebook, Instagram, Pinterest, and other (online) publications.
The Customer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties all documents on which JB-Tag Solutions' intellectual property rights and copyrights rest without the explicit prior written consent of JB-Tag Solutions. If the Customer wishes to make changes to items delivered by JB-Tag Solutions, JB-Tag Solutions must explicitly agree to the proposed changes.
The Customer is prohibited from using the Rented Item on which the intellectual property rights of JB-Tag Solutions rest other than as agreed in the Agreement.
The Customer is expressly prohibited from copying or imitating the Rented Item in a similar manner.

Article 22 - Indemnification and Accuracy of Information

The Customer is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form whatsoever, that it provides to JB-Tag Solutions in the context of an Agreement as well as for the data it has obtained from third parties and which have been provided to JB-Tag Solutions for the execution of the Service.
The Customer indemnifies JB-Tag Solutions against any liability arising from not or not timely meeting the obligations concerning the timely provision of all correct, reliable, and complete data, information, documents, and/or records.
The Customer indemnifies JB-Tag Solutions against all claims from the Customer and third parties engaged by or working under it, as well as the Customer's customers, based on not (timely) obtaining any subsidies and/or permits required in the context of the execution of the Agreement.
The Customer indemnifies JB-Tag Solutions against all claims from third parties resulting from the Services provided for the benefit of the Customer, including but not limited to intellectual property rights to the data and information provided by the Customer that can be used for the execution of the Agreement and/or the actions or omissions of the Customer towards third parties.
If the Customer provides electronic files, software, or data carriers to JB-Tag Solutions, the Customer guarantees that these are free of viruses and defects.

Article 23 - Complaints

If the Customer is not satisfied with the service of JB-Tag Solutions or otherwise has complaints about the execution of its assignment, the Customer is obliged to report these complaints as soon as possible but no later than 7 calendar days after the reason that led to the complaint. Complaints can be reported verbally or in writing with the subject "Complaint".
The complaint must be sufficiently substantiated and/or explained by the Customer for JB-Tag Solutions to handle the complaint.
JB-Tag Solutions will respond to the complaint substantively as soon as possible but no later than 21 calendar days after receipt of the complaint.
The parties will try to resolve the complaint jointly.

Article 24 - Applicable Law

Every Agreement between JB-Tag Solutions and the Customer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
In the case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof is always decisive. JB-Tag Solutions has the right to unilaterally amend these general terms and conditions.
All disputes arising from or related to the Agreement between JB-Tag Solutions and the Customer will be settled by the competent Court of North Netherlands unless mandatory legal provisions lead to the competence of another court.

Meppel, April 2, 2024