Terms and Conditions Becryptive
The Client is aware that the (electronic) trading in cryptocurrencies carry a very high financial risk. Price developments are unpredictable and returns can be long-term be negative. Large financial losses can result from these service to use.
Article 1. Definitions
1.1. Blue & Yellow B.V., with its registered office in Leeuwarden, Chamber of Commerce number 82828210, is referred to in these terms and conditions as service provider.
1.2. The other party of the service provider is referred to in these general terms and conditions referred to as client.
1.3. The parties are service provider and client together.
1.4. The agreement means the agreement to provide services between parties.
1.5. The cryptocurrencies in which this service trades is listed in this general terms referred to as crypto.
Article 2. Applicability of general terms and conditions
2.1. These terms and conditions apply to all offers, activities, agreements and deliveries of services or goods by or on behalf of service provider.
2.2. Deviation from these terms and conditions is only possible if expressly and agreed in writing by the parties.
2.3. The agreement always contains for the service provider: best efforts obligations, not results obligations.
Article 3. Payment
3.1. Invoicing and payment takes place in advance. The amount of the invoice is based on the result of the previous month.
3.2. Five days before the end of the monthly subscription, service provider sent a payment request to the client. This payment request is repeated every day until payment is made or until the subscription ends.
3.3. If the client does not pay within the agreed term, he is by operation of law, without any reminder being required, in absenteeism. From that moment on, the service provider is entitled to fulfill the obligations suspend until the client has fulfilled its payment obligationverplichting met.
3.4. If the client remains in default, the service provider will cancel the subscription discontinue indefinitely. Service provider will not proceed to collection of outstanding costs.
3.5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the service provider will terminate the subscription. Service provider will not proceed to collect outstanding costs.
3.6. If the client refuses to cooperate with the execution of the order by the service provider, he is still obliged to agreed price to the service provider.
Article 4. Prices
4.1. The prices quoted and invoices are inclusive of the VAT due, unless otherwise agreed.
4.2. The prices of services are based on the currently known being prices. Increases thereof, which the service provider does not could be foreseen at the time of making the offer or the the conclusion of the agreement may give rise to price increases.
4.3. With regard to the service, the parties agree to the conclusion of the agreement agree on a fixed price.
4.4. If no fixed price has been agreed, the rate can be relating to the service are determined on the basis of the hours actually spent. The rate is calculated according to the usual hourly rates of the service provider, applicable for the period in which he performs the work, unless one deviates therefrom hourly rate has been agreed.
4.5. If no rate has been agreed on the basis of the hours actually spent, a target price is agreed for the service, whereby service provider is entitled to deviate from this by up to 10%. If the target price is more than 10% higher, service provider should inform the client in good time why a higher price is justified. In that case, the client has the right to cancel part of the order that exceeds the target price plus 10%.
Article 5. Provision of information by the client
5.1. The Client shall provide all information required for the execution of the assignment relevant is available to service provider.
5.2. The Client is obliged to provide all data and documents that the service provider considers necessary for the correct execution of the assignment, in a timely manner and to be made available in the desired form and in the desired manner.
5.3. The client guarantees the correctness, completeness and reliability of the data made available to the service provider and documents, even if they originate from third parties, insofar as they nature of the assignment does not dictate otherwise.
5.4. If and insofar as the client requests this, returns service provider the relevant documents.
5.5. If the client does not, not timely or not properly inform the service provider required data and documents are available and the en execution of the assignment will be delayed as a result, then the resulting resulting additional costs and additional fees for the account of client.
Article 6. Withdrawal of order
6.1. The client is free to give the order to the service provider at any time desired time to end.
6.2. When the client withdraws the assignment, the client is not obliges the amount owed and the expenses incurred by to pay the service provider.
Article 7. Execution of the agreement
7.1. The service provider performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
7.2. The implementation takes place in mutual consultation and after (electronic) written agreement.
7.3. The agreement remains in force as long as the client complies with the payment obligation continues to be met.
7.4. It is the responsibility of the client that the service provider can start the assignment on time.
Article 8. Amendment of the agreement
8.1. If during the execution of the agreement it appears that for a proper execution of the assignment is necessary to perform the to change or supplement work, the parties will adapt in a timely manner and mutually agree the agreement accordingly.
8.2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may therefore being influenced. The service provider will inform the client of this as soon as possible possibly informed.
8.3. If the amendment or addition to the agreement provides financial and/or has qualitative consequences, light service provider client about this in writing as soon as possible.
8.4. If the parties have agreed on a fixed price, the service provider also indicate to what extent the amendment or supplement to the agreement results in an excess of this amount.
8.5. The service provider is free to monthly subscription to terminate the service without giving a reason to end. The service provider will inform the client of this as soon as possible possibly informed.
Article 9. Force majeure
9.1. In addition to the provisions of Section 6:75 of the Dutch Civil Code a failure of the service provider in the fulfillment of any obligation towards the client cannot be transferred to the service provider imputed in the event of a service provider independent circumstance which prevents the fulfillment of its obligations towards client is wholly or partially prevented or as a result of which the fulfillment of its obligations is not reasonably of the service provider may be required. These circumstances also include failure of suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work stoppages.
9.2. If a situation as referred to above arises as a result of which service provider is unable to fulfill its obligations towards the client then those obligations will be suspended as long as the service provider cannot meet its obligations. If the in the previous sentence the situation referred to has lasted for 30 calendar days, the parties have right to dissolve the agreement in whole or in part in writing.
9.3. In the case as referred to in the second paragraph of this article, the service provider is not obliged to pay compensation for any damage, not even as a service provider enjoys any advantage as a result of the force majeure situation.
Article 10. Transfer of rights
10.1. Any party’s rights under this Agreement cannot be transferred without the prior written consent of the other party. This provision applies as a stipulation with property law operation as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 11. Retention of title, right of suspension and right of retention
11.1. If the agreed amounts to be paid in advance are not are met, the service provider has the right to suspend the work until the agreed part has been paid. There is then creditor default. A late delivery is not possible in that case against the service provider.
11.2. In the event of liquidation, insolvency or suspension of payment of client, the client’s obligations will lapse.
Article 12. Joint and several liability
12.1. If the assignment is provided by more than one client, then all clients are jointly and severally liable for the fulfilment of all obligations arising from these general terms and conditions and the this agreement.
Article 13. Complaint obligation
13.1. The client is obliged to make complaints about the work performed immediately in writing to the service provider. The complaint contains a detailed possible description of the shortcoming, so that service provider is able to respond adequately to this.
13.2. In any case, a complaint cannot lead to the service provider may be required to perform work other than his agreed.
Article 14. Intellectual property
14.1. Unless the parties have agreed otherwise in writing, service provider all intellectual absolute rights (including copyright, patent law, trademark law, design and design law, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, models, etc.
14.2. The said intellectual absolute rights may not be without written permission of the service provider may be copied, shown and/or made available to third parties or otherwise used.
14.3. The Client undertakes to observe secrecy with regard to the Confidentiality made available to him by the service provider
information. Confidential information is in any case understood to be that to which this article relates, as well as the company details. The Client undertakes to provide its personnel and/or third parties involved are, in the performance of this agreement, a written to impose a duty of confidentiality within the purport of this provision.
Article 15. Confidentiality
15.1. The Client keeps the information that he (in whatever form) of service provider and any other information regarding service provider that he knows or can reasonably suspect to be secret or confidential, or concerns information of which he can expect that its distribution will harm the other service provider may cause, secret and take all necessary measures to guarantees that he also keeps the said information secret.
15.2. The duty of confidentiality referred to in the first paragraph of this article applies: not for information:
a) which at the time the client received this information already was or has subsequently become public without a violation of a duty of confidentiality incumbent on him;
b) of which the client can prove that this information is already in its was in possession at the time of provision by the service provider;
c) which the client has received from a third party whereby this third party was entitled to provide this information to the client
d) which is made public by the client on the basis of a legal duty.
15.3. The confidentiality obligation described in this article applies for the duration of this Agreement and for a period of three years after termination of them.
Article 16. Penalty for breach of confidentiality obligation or intellectual property right
16.1. If the client violates the article of these general terms and conditions about confidentiality or intellectual property, then forfeit client for the benefit of the service provider an immediately due and payable fine of € 1000.00 for each violation and an additional amount of €100.00 for each day that violation continues. For forfeiting of this fine is no prior notice of default or judicial procedure needed. Nor does it need to be any form of injury.
16.2. Forfeiture of the fine referred to in the first paragraph of this article without prejudice to the other rights of the service provider, including its right to claim compensation in addition to the fine.
Article 17. Applicable law and competent court
17.1. This agreement between service provider and client is subject to only Dutch law applies. The Dutch judge is competent.
17.2. When in legal proceedings one or more provisions of these terms and conditions become unreasonably onerous considered, the other provisions will remain in full force and effect.
Article 18. Privacy
18.1. The Privacy Statement applies to all agreements.
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