Version: June 2020
By subscribing for a Technology Catalogue subscription for a consultancy firm page, you accept these terms, and you acknowledge that you, on behalf of the Subscriber Consultancy Firm (definition below), have read and understood and agree to comply with the terms and conditions below, and are entering into a binding legal agreement with DEPLOYMENT MATTERS NETHERLANDS B.V., Chamber of Commerce reference 70862109 (hereafter “Deployment Matters”). TechnologyCatalogue.com is a Deployment Matters Netherlands B.V. trade name.
You warrant that you have or you were granted full authority to bind the aforesaid Subscriber Consultancy Firm to these Terms. If you do not agree to comply with and be bound by these Terms or do not have the authority to bind the Subscriber Consultancy Firm, please do not accept these Terms. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto hereby agree as follows:
Article 1 Definitions
1.1. Supplier: a company that offers technologies in order to help address business challenges and opportunities.
1.2. Consultancy firm: a company with one or more consultants that provide (technical) expertise to support clients with e.g. technology deployment.
1.3. Subscriber Consultancy Firm: the Consultancy Firm subscribing for one or more Technology Catalogue subscription(s).
1.4. User: a registered user of the Technology Catalogue.
1.5. Technology Catalogue: the platform developed by Deployment Matters offering an overview technologies from Suppliers and supporting consultancy services.
1.6. Web Application: the software to which Deployment Matters grants the Subscriber Consultancy Firm access by means of the Technology Catalogue Online Services for use in accordance with the provisions of the Technology Catalogue User Policy.
1.7. Consultancy firm page: a page for the Consultancy firm available via the public global platform www.technologycatalogue.com.
Article 2 Subscription
2.1. Subscriber Consultancy firm may subscribe for a consultancy firm page, visible on the global public version of www.technologycatalogue.com, including a range of standard and optional services as offered online via https://www.technologycatalogue.com
2.2. The details of the offered subscription options are available online via www.technologycatalogue.com, offered additional services may be captured by additional terms.
2.3. In the event of a dispute regarding the subscribed services, the administration of Deployment Matters will be leading.
2.4. It is at the discretion of Deployment Matters to determine if the service from the Subscriber Consultancy firm meets the content requirements for the Technology Catalogue. If not, Deployment Matters has the right to reject the subscription.
Article 3 Payment
3.1. Subscriber Consultancy firm agrees to pay Deployment Matters the fees due for the selected subscription options.
3.2. All prices exclude VAT.
3.3. All prices exclude travel costs in case this is applicable for a selected subscription option.
3.4. Deployment Matters may add 3% to the invoiced amount in case of payment by creditcard.
3.5. The subscription starts on the day the Subscriber Consultancy firm registers for the Technology Catalogue and approves these terms, unless otherwise agreed. The subscription fee will be payable in advance and will be due 15 days after the invoice date.
3.6. Subscriptions are automatically renewed for another billing period at the end of the current billing period. There is no notice period for ending the subscription. When you cancel your subscription with us, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods. Renewals can be cancelled within 15 days of the new billing period by a written request to Deployment Matters.
3.7. Subscriber Consultancy firm will be offered the possibility to upgrade the subscription at any time by adding more/other offered optional services to the subscription. In such case, the subscription start date will be updated to the date of the upgrade. Any already paid fees for the running period will be deduced from the newly due subscription fee.
3.8. Deployment Matters has the right to terminate a subscription at any time in case the service from the Subscriber Consultancy firm is no longer in line with the content requirements of the Technology Catalogue.
Article 4 Use of the Technology Catalogue
4.1. The entry in the Technology Catalogue will make use of a fixed template. Subscriber Consultancy firm will receive a login account. Additional individual user will receive separate personal and non-transferable login details. By using the Technology Catalogue you are agreeing to our user policy which will be available on our website.
4.2. Subscriber Consultancy firm is responsible for the content of the entry and shall decide what content will be placed in the Technology Catalogue, with the exception of client reviews.
4.3. Deployment Matters has the right to make changes to the template.
4.4. Subscriber Consultancy firm agrees that Users can comment on the entered service. Deployment Matters will review all reviews before publication, to confirm authenticity and allows Subscriber Consultancy firm a period of 48 hours to review before publication. Deployment Matters has the right to verify the review with other users or experts. At any time, Deployment Matters has the right to remove reviews. Consultancy firm has the right to respond to user/expert comments.
4.5. Deployment Matters has the right to include without the consent the name of the Subscriber Consultancy firm & company logo on the website, under the title: “These companies are already using the Technology Catalogue”. Such right ends immediately after the end of the subscription by Subscriber Consultancy firm and from that point in time Subscriber Consultancy firm name and company logo shall not be used anymore.
4.6. Subscriber Consultancy firm agrees to be added to the distribution list of the Technology Catalogue and Deployment Matters Newsletter.
4.7. Deployment Matters has the right to use the content of the entry for promotion of the Technology Catalogue, which right however ends at the end of the subscription. After the end of the subscription, Deployment Matters shall not use or apply any information or data of Subscriber Consultancy firm anymore and delete any information or data from the Technology Catalogue.
4.8. Subscriber Consultancy firm agrees that any User of the Technology Catalogue is allowed to make reference to catalogue entries on social media.
4.9. Subscriber Consultancy firm is responsible for timely delivery of content.
4.10. Subscriber Consultancy firm hereby grants Deployment Matters a nonexclusive, royalty-free, worldwide license to display the name, logo and content provided by Subscriber Consultancy firm on the Technology Catalogue. Such license immediately ends at termination of the subscription.
4.11. Any data uploaded by the Subscriber Consultancy firm will be unpublished within a reasonable period of time after the end of Subscription.
4.12. Unless a legal requirement determines otherwise, all data concerned will be deleted.
Article 5 Availability
5.1. Deployment Matters shall use commercially reasonable efforts to ensure optimal availability of and access to the Web Application. The applicability of any Service Level Agreements must be expressly agreed between parties.
5.2. Notwithstanding Article 5.1, Deployment Matters is entitled, without any prior notice, to (temporarily) block or disable access to the Web Application or limit the use thereof insofar as may be reasonably necessary from time to time:
a) in order to carry out preventative or regular maintenance and upgrade work;
b) in the event of any actual or suspected security breach; and/or
c) in the event of any other emergency, all without Subscriber Consultancy firm thereby being entitled to seek compensation from Deployment Matters. Deployment Matters will endeavor to limit these measures to a minimum and, to the extent commercially practicable, inform the Subscriber Consultancy firm in a timely manner.
Article 6 Liability
Deployment Matters’s total liability due to an attributable failure in the performance of the Technology Catalogue, or on any legal basis whatsoever, expressly including each and every failure to fulfill any representation or warranty obligation agreed with the Subscriber Consultancy firm, shall be limited to compensation for direct damages (as defined in clause 6:66 of the Dutch Civil Code) up to an amount equaling 100% of all amounts invoiced to and paid by the Subscriber Consultancy firm in the twelve months preceding the event causing such damages. Deployment Matters’s total liability for direct loss, on any legal basis whatsoever, shall however never amount to more than EUR 10.000 (ten thousand euros). In all cases, a series of related events shall be considered a single incident for the purposes of these limits.
Article 7 Transfer of rights
Subscriber Consultancy firm does not have the right to assign its interests in this Agreement to any other party unless the prior written consent of Deployment Matters is obtained.
Article 8 Applicable law
This Agreement shall be governed by the laws of the Netherlands, and any dispute arising hereunder shall be resolved in the courts of The Hague, the Netherlands.
Article 9 Force majeure
9.1. Neither party is obliged to comply with a contractual obligation, with the exception of a payment obligation, resulting from the Agreement, if compliance is prevented by a force majeure. Force majeure includes but is not limited to: military actions, any acts of God, act of any government or other authority or statutory undertaking, industrial dispute, fire, explosion, accident, power failure, flood, riot or war (declared or undeclared), the elements, pandemics like the Coronavirus, unavailability of or disruptions in telecommunication data network or internet connections, power loss/electrical power outage, delays or failures of Deployment Matters suppliers, transport problems and strikes.
9.2. If, at the time the force majeure occurs, Deployment Matters has already partially met its obligations, or if Deployment Matters can only partially meet its obligations as a result of the force majeure, Deployment Matters is entitled to invoice separately for the performance already delivered or the deliverable part of the performance and the Subscriber Consultancy firm is obliged to pay this invoice as if it concerns a separate agreement.
9.3. Throughout the duration of the force majeure, Deployment Matters shall be entitled to suspend the fulfilment of its obligations. If this period lasts for more than three months, Deployment Matters shall be entitled to terminate the Agreement with immediate effect by notice and without any obligation to pay the Subscriber Consultancy firm any damages or compensation.
Article 10 Modifications
Deployment Matters may modify these terms from time to time. If material changes are made, Deployment Matters will provide the Subscriber Consultancy firm notice through its Web Application, or by email, to provide the opportunity to review the changes before they become effective. If the Subscriber Consultancy firm objects to any changes, Subscriber Consultancy firm may notify Deployment Matters within thirty days after being informed of the change. If Subscriber Consultancy firm notifies Deployment Matters as required, then Subscriber Consultancy firm will remain governed by the terms in effect immediately prior to the change. Subscriber Consultancy firm’s continued use of the Web Application after Deployment Matters publishes or sends a notice about the changes to these terms means that Subscriber Consultancy firm consents to the updated terms.